Attorney General Opinion WW-0885

GENERAL THE R ORNEY OF TIlTEms AUSTXN ~.TEXAS WI& WILSON A-ORNEY GENERAI. .hly 20, 1960 Mr. Lewis M. Iioppock, D.C.S. Secretary-Treasurer State Board of Chiropody Examiners P. 0. Box 3315 Temple, Texas Opinion No. WW-885 Re: May an individual, licensed by the State Board of Chirop- ody Examiners legally use the word "podiatrist" following his name in connection with the professional use of his name on any sign, pamphlet, Dear Mr. Hoppock: stationery, etc. Your request for an opinion from this office invol- ves two questions, the first of these is: (1) Whether an individual licensed by the State Board of Chiropody Examiners may legally use the word "podiatrist" following his name in connection with the professional use of his name on any sign, pamphlet, stationery, letterhead, signa- ture, office door, directories, etc. Article 4567, Vernon's Civil Statutes, as emended by Acts 52nd Legislature, 1951, chapter 132, page 219, &I 1, states that: "Any person shall be regarded as prac- ticing chiropody within the meaning of this law, and shall be deemed and construed to be a chiropodist, who shall treat or offer to treat any disease or disorder, physical in- jury or deformity, or ailment of the human foot by any system or method and charge Mr. Lewis M. Hoppock, D.C.S., Page 2 (Ww-885) therefor, directly or indirectly, money or other compensation or who shall pub- licly profess or claim to be a chiropod- ist, podiatrist, pedicurist, foot spec- ialist, doctor or use any title, degree, letter, syllable, word or words that would tend to lead the public to believe such person was a practitioner authorized to practice or assume the duties Incident to the practice of chiropody." Section 3, Article &gOe, Vernon's Civil Statutes, as emended Acts 52nd Legislature, 1951, chapter 154, page 254, provides in part as follows: "Every person licensed to practice the healing art heretofore or hereafter by.. . the State Board of Chiropody Examiners . . . shall In the profession- al use of his name on any sign, pamphlet, stationery, letterhead, signature, or on any other such means of Identification, written or printed, designate in the manner set forth in this Act the system of the healing art which he Is by his license permitted to practice. The following are the legally required identifications, one of which must be used by practitioners of the healing art: "(6) If licensed by the State Board of Chiropody Examiners; chiropodist; doc- tor, D.S.C.; doctor of surgical chiropody; D.S.C." 39 Tex. Jur. "Statutes", Section 90, Page as follows: 166, states "'The Intention of the Legislature in enacting a law is the law itself,' 'the essence of the law,' and 'the spirit which gives life' to the enactment. Hence, the aim and object of construction is to ascertain and enforce the legislative in- tent, and not to defeat, nullify or thwart it. " Mr. Lewis M. Hoppock, D.C.S., Page 3 (W-885) It Is settled that the statutes must be construed so as to glve,effect to the legislative intent. In looking at the legislative history of Articles 4567 and 4590e (3) (6), it will be found that the Leg- islature emended Article 4567 and later enacted Article 4590e (3) (6). "Where statutes relating to the same subject matter were enacted at the same session,of the Legislature, it is presum- ed that they were actuated by the same policy and imbued with the same spirit, and In ascertaining legislative Intent they will be read together as thounh thev were embrac- ed in one &t " Garrett ;. Mercantile Nat. Bank at Dalia;, etal, 168 S.W. 2d o3b (1943). Further, it is a well settled rule that statutes relating to the same subject matter "should be con- strued together and when one statute deals with the subject In general terms and another deals with a part of the subject in a more detailed way" the latter will control. Culver, et al v. Mlears, et al, 220 S.W. 2d 200 (Civ. App. 1949). It is abundantly clear that the intention of the Legislature was to limit those licensed under Article 4590e (3) (6) to the use of one of the legally requir- ed Identifications set out therein, and hence it Is the opinion of this Department that an individual licensed by the State Board of Chiropody Examiners may not legally use the word "podiatrist" following his name in connection with the professional use of his name on any sign, pamphlet, stationery, etc. Your second question involves: (2) Whether the State Board of Chiropody Examiners has the authority to admit to its examination or to ll- tense an individual upon whom has been conferred a degree other than Doctor of Surgical Chiropody? Article 4570 provides in part: "All applicants for license to prac- tice chiropody in this State, not otherwise . - MP. Lewis M. Hoppock, D.C.S., Page 4 (Ww-885) licensed under the provisions of law, . . . shall present satisfactory evidence of grad- uation from a bona fide reputable school of chiropody in the form of a diploma which has conferred the degree of Doctor of Surgical Chlropody. . . .' 39 Tex. Jur. "Statutes", Section 90, Page 168, states as follows: "When the intent Is plainly expressed in the language of a statute, It must be given effect without attempting to construe OP interpret the law. . . .'I 39 Tex. Jur. "Statutes", Section 17, Page 39, states as follows: A statute giving authority to do a p%i&lar thing, and prescribing the mode of doing it, Is mandatory in the sense that all other modes are excluded. . . .'I It is our opinion that the State Board of Chiropody Examiners may only admit to examination or license an in- dividual upon whom a degree has been conferred of Doctor of Surgical Chiropody from a bona fide reputable school of chiropody. SUMMARY The intention of the Le islature In enacting Article 4590e 7 3) (6) was to require those individuals licensed by the State Board of Chiropody Examiners to use one of the identifications set out therein, and the word "podiatrist" is not sufficient to meet the requlre- ments of the statute. (2) The provisions of Article 4570 being mandatory, the State Board of Chirop- ody Examiners may only admit to exam- ination or license an Individual upon m. Lewis M. Hoppock, D.C.S., Page 5 (W-885) whom a degree has been conferred of Doctor of Surgical Chiropody from a bona fide re- putable school of Chiropody. Yours very truly, WILL WILSON Attorney General of Texas MJS:mm APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joe Allen, &born C. Dean Davis Lawrence Hargrove L. P. Lollar REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore