You have requested our opinion regarding whether a person acting under the direction of a licensed practitioner of medicine, dentistry or chiropody has the benefit of the exemption which article 4542a, V. T. C. S. , grants to physicians, dentists and chiropodists.. Section 8 of article 4542a provides, in pertinent part:

It shall be unlawful for any person who is not a pharmacist underthe provisions of this Act to compound, mix, manufacture, combine, prey- pare, label sell, or distribute at retail or wholesale any drugs or medicines, except in original packages. Provided that all persons now registered as pharma- cists in this State shall have all the rights granted to pharmacists under this Act. Provided, however, nothing in this Act shall apply to or interfere with any dentistry, or chiro- pody, who is duly registered as such by his respective State Board of Examiners of this S,tate, who shall sup- ply his or her patients, as a physician, dentist, or and by them employed as such, with such remedies as he or she may desire and who does not keep a pharmacy, open shop, or drug store, advertised or otherwise, for the retailing of medicines or poisons; and provided, further, that nothing contained in this Act *2 The Honorable J. H. Arnette, R. F’h. - page two

shall be construed to prevent the personal administration of drugs and medicines carried by any physician, surgeon, dentist, or veterinarian licensed by his respective Board of Examiners of this State, in order to supply the immediate needs of his patients. . . .

Attorney General Opinion WW-829( 1960),answered your question in the negative, holding that an exempted practitioner may not authorize his nurse or aide to fill and dispense prescriptions for his patients. The Opinion noted that the granting of this authority to an exempted practitioner would permit him to create additional categories of exemption beyond those established by the Legislature.

In Attorney General Opinion WW - 1403( 1962), the Attorney General held that a licensed nurse might “carry out the duties of the nursing profession by dispensing or administering drugs or medicine as directed by a licensed . . . ” The Opinion took note of the previous ruling, but apparently doctor. perceived no conflict. It based its conclusion on “the duty of the nurse. . . . to carry out the medical treatment prescribed by a doctor for his patient. ”

In our opinion, Attorney General Opinion WW-829 controls your question. As the Attorney General there observed, another portion of section 8

exempts ‘certain .aenior pharmacy students operating under the direct supervision pharmacist. It would appear if the legislature has intended that nurses or other aides should also be exempted, specific mention thereof would have been made. that a person acting under the direction

Thus, it is our opinion practitioner or chiropody does not have the benefit of the exemption which article 4542a grants dentists and chiro- pdists..T.his’ is not to’say that pkrsons might not be able to perform siniilsr acts authorized by other statutes. See m art. 4518 relating to professional - nursing.

The Honorable J. H. Arnette, R. ph. - page three

SUMMARY A person acting under the direction or chiropody does not have the benefit of the exemption which article 4542a, V. T. C. S. , Very truly yours, Attorney General of Texas Opinion Committee

jad: