*1 OFFICE OF THE AT&RI&Y GENERAL OF TEXAS AUSTIN Mr. W. H. Cousins, Gemeta&

.Texas Board of Pharmaoy _.

912 Iusuranoe Building .

Dallas, Texas :’

Dear Sir: ,,

i the Medical ealing with the a&i09 aad.oon- of this opinion we must rem06 to that part or 8 present Session of the aw shall be so construed as persons other than register- ed pharmacists of this state not pretend- ing to be physicians to offer for sale on the streets or other public places contraceptives, prophylactics or resediss which they recoxxend ror the cure of disease.”

The aboveportion of House Bill No. 148 is a part of the wMedlcal Practice Act" and the laws of the state relating to the practice of n&L- tine placea~upon the Board of Medical Examiners _.

xr. W. H. Cousins, April 13, 1939, page 2 the burden of enforcing the same. There Is no question but that. It Is the duty of thestate Board oP.Medlcsl TzZaminers to enrorce this law, for the reason that a person would be &questionably In violation of the law.I'elatiug to the practice or medicine, as the praotice of medloiqe is defined by the statutes'of this state.

There is a 01088 Question as to whether or mt‘a violationbt-this Aot~umld be an oi- fanse ror the lllegal'praotioe ot pharmaoy, but to so hold would have the effect or putting a personchargealnaalble &qardy.. 1tha43often beem heldbyour.oo~8.thatapersonoannotbe woe tgded and aonvlatea~for the same overt aot.

we are,.therai.ore, of $.he oplnioi'that the dntv of enforoing the &fedloal~Praotioe.Aot. as the.-&me relates to the sale oi prophylaatiks anil oontraaeptives, rests with the-State Board of Medid 'gramineb.

Yours-very truly . ATTORNEYGENERALOFTEIAS H. Q. B. RHC:=b