Case Information
*1 c .,.. _ OFFICE OF jHE ATTORNEY GENERAL OF TE)<AS AUSTIN , 3.l
Eonorable W A Wllliamsan
Chairma.1; Committee XI Plb1i.c Health
Hsuse sf Representatives
Fjrtg-Ninth Legislature
Alstla Texas
Dear Sir: Opinion No. O-6351
Re: Constitutionality of House Bill No. 23, defining who shall bo regarded as prac-
We have your request for an opinion of the Attorney General. Said reqiiest is as follows:
"Pasuant to instruction of the C~ommittee on Public Health, I s.:bmit-herewith House Bill No. 29 for your opinioil as to its constit3ticnality.v An Inspection and study of said House Bill No. 29 discloses -that'llt;is'.-intended to amend Article ,4510,, Chapter 6,~'. Title 71 of the Revised Civil Statutes of Texas of 1925, SO that said article, from and after the effective date of the bill, would read as follows:
"Article 4510! 'Any person! shall be regarded as practicing ,medlcine within the meaning of thislaw: "(1) Who shall publicly profess -to be a physician cr surgeon and shall treat, or offer to treat any dis- ease or disorder, mental or physical, or any physical deformity or lnjury,.by any system or method, or to ef- fectcures thereof; except a chiropractor engaged in palpating, analyzing, and adjusting the articulations of the human spinal oolumn by hand only.
Hon. W. A. Killiamssn, PaGe 2
"(2) Or who shall treat, or offer to treat any disease or disorder, mental or physical, or any physical deformltg or Injury by any system or method, or to effect cures thereof and charge therafor directly or indirectly, money or other compensation; except a chiropractor engaged In palpating, analgzinp, and ad- justing the articulations of the human spinal column by hand only."
The effect of the subsection of the bill quoted above as (1) would be to permit a chlropractar Gngaged in pal- patin.g, analyzing, and acljusting the articulations of the human spinal column by hand only t> publicly profess to be a physician or surgeon, and to treat or offer to treat d.iseases or disorders, both mental and physical, aswell as physical defcrmitles and injuries, and to effect cures thereof without bei. regarded as practlclng medicine.
The affect of the subsection of the bill labeled (2)
would, rbe:that a chiropractor engaged in palpating, analyzFng and adjusting the articulations of the human spins1 column by hand only may treat, or offer to treat any disease or d~lsorder, mental or physical, and any physical d~eformity or injury, and to effect cures thereof and charge.therefor either directly or lndlrectly, money-or other compensation without being regarded in law as prao-
Your attetitlon Is respectfully directed to Article i6, Section 31; of the Constitution of Texas, providingas follows:. .
"The Legislature may pass laws prescribingthe aualificatlons of Dractitioners of med,icine in this state, and.to punish persons for malpractice, but no ~~;~;~shall ever begiven by law to any s=oE Ii , (Emphasis ours)
The word "medicine" as used in the above referred to constltutional.provision has been defined by the highest oourts of our land, as meaning and embracing the art of healing by what- ) scientific' or .supposedlg scientific method. The courts have ever held that:
"The word .lmedicire' as used in the said. consti- tutional provision meant the art of preventin?, during or alleviating diseases,, and of remedying, as far as possible, results of vlolenoe or accident; the courts *3 C. .- I
Hon. W. A. Williamson, Paye 3
have held that the word, 'med~icine' meant some thing or some method, supposed to possess curative powers." (See the case of ex parte Collins, 57 Cr. R., page 2, opinion by Judge Brooks; affirmed by Supreme Court of Vnitnd States, 32 S. Ct. 286; and cited, in the late case of ex parte Halstead, 182 S. W. (2d) 479, by the Court of Criminal Appeals of Texas).
It is elementary that the Legislature, by the device of changin,~ a definition in the Constitution, cannot amend the Constitution.
It is our opinion, and you are so advi?ed~, that' House Bill No. 29 contains provisions which arc: e.x.t;ressly forbidden by the constitutional provision ci.:,t-.J a-~r~;re. A provision of law providing. that a c,hl.ropractor e-fi~aged in palpating, enalyzin-$ and adjusting the articulaticns of the human spinal column by hand only may publicly profees to be a physician or surgeon and to treat or offer to treac any disease or disorder, mental or physical, or any physical deformity or injury and to effect cures thereof, and to charge therefor and to receive compensation therefc:?, without sub.jecting himself to the pains and penaltics pyc~vided. in law for all others who do the things enumerated in said Article 4510, without previo:X3ly havir A~3 c cmplied with ';:.he 14~ with reference to those who 80 do, - plainly conztLt~?tes the giving of a preference by law to a school of medicine.
Such a bill as is House Bill No. 29, w:juld plainly
be void because in sontravention of the Constitution.
We retrn herewith House Bill No. 29, which you sent us, and we thank you for your thoughtfulness in supplying us with a copy of said bill.
Yours very truly ATTORNEY GENERAL OF TEXAS Fy (a) George P. Blackburn Assistant GPB:amm:fb
Eno.
APPROVED MAR 8, 1945
(s) Grover Sellers ,APPROVEB OPINION COMMITTEE ATTORNEY GENERAL OF TEXAS
BY (5) WJF, CHAIRMAN