Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1949
Status
Published
On the bench
Price Daniel
Cited by
0 cases

The opinion

.AusTI~‘. TEXAS

January 5, 1949

Hon. C. H. Robinson, President

State Board of Chiropody Examiners

826 Fair Building

Fort ?lorth,Texas Opinion No. V-758.

Re: Reinstatemrnt of Chir-

o$ody licentiates whose

licenses have been sus-

pended or revoked.

Dear Sir:

Xe refer to your letter in which you submit:

1. May ths Board require licentiates whose

licenses have been suspended or revoked for non-pap-

lment of an annual renzT:ral

fee to pass the regular ex-

amination as provided in Article 4569 V. C. S., includ-

ing payment of the ,~f:Z;.OO

examination fee?

2. May the Board permit forner licentiates

who do not possess the educational qualifications pre-

scribed by Article 4570, to be re-examined after their

licenses have been suspended or revoked?

3. May the Board require of a former licen-

tiate whose license has been suspended or revoked under

the provisions of Article 4571, to pass the regular ex-

amination, before reinstating or issuing a new license,

who nay qualify by reasons of educational attainments

provided for in Article 4570, and not require of anoth-

er former licentiate whose license has been suspended

or revoked under provisions of Article 4571, who may

not qualify by reasons of not having attained the edu-

cation provided for in Article 4570?

4. Does the "discretion" of the Board, as

provided in the Act, permit this board to reinstate

one former licentiate and refuse to reinstate:other

former licentiates? In other words, would such rein-

statement and refusal of reinstatement, based upon the

Board's knowledge of the personal and professional his-

tories of the applicants, be held to be exercising "dis-

cretion," or would it be construed to be "discrimina-

tion?"

Hon. C. H. Robinson - Page 2 (V-758)

5. May former licentiates be reinstated by

fulfilling the only requirement of paying the current

renewal fee, or must all renewal fees in arrears be

paid, plus the current renewal fee?

6. May former licentiates be reinstated by

payment of the current renewal fee, or must all fees

in arrears be paid?

We refer to the following laws which are per-

tinent to your inquiry:

Article 4569, V. C. S. provides for the,ex-~'

amination and re-examination of applicants for license

to practice chiropody in this State. ,Each,such appli-

cant is required to pay an examination fee of $35.00.

It is also thrrein provided that "Any applicant fail-

ing in the examination and being refused a license

shall be entitled to a re-examination at the next reg-

ular session of said Board within ,one year. Any appii-

cant failing on re-examination shall be required to pay

an additional fee and shall be required to be re-exam-

ined in all subjects." (Emphasis added throughout)

Article 4570 prescribes the qualifications

of applicants for such licenses. It reads:

"All applicants for license to prac-

tice chiropody in this State, not otherwise

licensed under the provisions of law, shall

present satisfactory evidence to the State

Board of Chiropody Examiners that such ap-

plicants have attained the age of twenty-

one (21) years, are of good moral character

and are free of all contagious and communi-

cable diseases, and furnish a certified cer-

tificate of health to that effeC.t,and are

citizens of the United States of America

and who are graduates of at least a sixteen

(16) unit high school, whose credits are

acceptable without condition for matricula-

tion at the State University of the State

in which the applicant's high school grad-

uation was attained. The applicant shall

present satisfactory evidence of graduation

from a bona fide reputable school of chir-

opody in the form of a diploma which has

conferred the degree of Doctor of Surgical

Chiropody, to the State Board of Chiropody

Bon, C. H, Robinson - Page 3 (V-733)

Examiners,. Such chiropody schools may be

considered reputable, w,Zthin the meaning

of this Aot, whose entrence requirements

and oourse of instruction are as high as

those adopted by the University of Texas,

and whose course of instruction shall em-

brace at least four (4) terms of at least

eight (8) month8 each, and which meets

the requirements of the State Board of

Chiropody Examiners. Provided, however,

the Board may, In its discretion, aooept

appli~oants from chiropody schools whose

Course of instruction embraces,. at least

__,irtm2”f3j %#fOv of .at ,least ed’ght (8)

*months eaoh* and-provides for one term

of eight (8) months instruction in a rec-

ognized college of liberal arts or soi-

ences shall be approved by this Board.”

Article ,457l requires eaoh such licensed

ohiropodist to pay an annual renewal fee of $10.00

and that:

n When a chiropodist shall fail to

piy’his annual renewal fee by March lst,

it shall be the duty of the Board of

Chiropody Examiners ,to notify such chir-

opodist at his last known address, by

mail, that said annual renewal fee is

due and unpaid. Thirty (30) days after

the date of mailing said notice, it

shall be the duty of the Board un?%r

this Act to declare the license suspend-

ed or revoked for nonpayment of the an-

nual’renewal fee . . , After th B d

fl 4 ‘1’ d’ ‘1 icense suspended o%&

v%edT’a?;ro%ded for $n this Act the

Board may thereafter in its discretion

refuse~jto reinstate such license or ls-

sue a new license until such chiropodist,

whose license has-been declared suspend-

ed or revoked for nonpayment of annual

renewal fee, has passed a regular exam-

ination for license, as provided for by

this Aot. . , .”

Authority to revoke such licenses is given

in Article 4573, as follows:

Yen. 0. :I.Ro;Anson - lq;e 4 (V-758)

"The board may, after due hearing,

refuse to rant or renew and may revoke

any license i-sued under tile provisions

of this law to a person, otherwise qual-

ified, who obtained such license by

fraudulent representation or dishonesty

in taking an examination; or who makes

use of untruthful and improbable state-

ments to patients or in his advertising,

or for habitual intoxication, or for un-

professional and immoral conduct; or who

gives away or sells drugs or alcohol for

other than legitimate purposes in his

practice; or '?~llomay be convicted of sm-

-utatin;;tL?cix:;tin foot or toe or of us-

ing an anesthetic other than local.

When a license has beep granted it shall

not be revoked or the renewal thereof

refused without,at lex'; fifteen days

notice to the licensee, who shall be en-

titled to s h::,,;.aing

by the board, and

shall have the i'ightto be represented

by counsel. I\t least ten days prior to

the date of suc!lhearin? the licensee

shall be notified of c'bsfiling of the

charges and 0: t!lenature thereof. Any

person licensed .topractice chiropody in

this State whose license shall be cancel-

led by ~~11board -may9'Tiithin thirty days

after t.~ocancellation thereof, and not

theredftzr, have his right of action for

reinstatement against such board in ?;he

district court of Travis county. If the

serssn ;>hose license has been canceled

by the board shall, within ten days after

receiving information of such cancella-

tion, &oe written notice to the secretary

of the board of his intention to file such

suit, the action of the board in cancel-

linr;the license of such person shall be

suspended for a period of thirty days, but

unless such suit shall be filed within

said tim:,the action o:?ths board sl-la11 be

final. if c;pitshall b",filed a(jainst

%!A.~ '::.i:

rd to reinstate such license TCth--

'7.531,"ii,-:y, .!,!LY

action of th,::

bocrd

shall rolnainsnr;?:;endeduntil the validity

of the license in question shall be de-

termins 3;~the court. In such suit the

i::waen~ha;.lhe ul2onthe plaintiff to

ShOvJ cause for reinstatement Of his li-

cen5c~:;

~ The board may, at its discretion,

Hon. C. H. Robinson - Page 5 (V-758)

in case license has been revoked or the

renewal thereof refused, reissue such

license at the expiration of six months

from the time such license was revoked.”

We are of the opinion that Articles 4568-

4573, v. c. s., make plain the legislative intent that

the provis.ionsthereof pertaining to the authority of

the State Board of Chiropody Examiners to reinstate

licenses of chiropodists which have been suspended or ’

revoked for nonpayment of renewal fees, is discretion-

ary, by reason of which we hold that:

1. The State Board of Chiropody Examiners

may require chiropody licentiates whose licenses have

been suspended or revoked for non-payment of annual

renewal fees, as required by Article 4571, V. C. S., to

pass the regular examination as provided in Article

4569, including payment of the $35.00 examination fee,

but may, in its discretion, reinstate such licenses

without requiring such re-examination.

2. Xhere rel;-ular

examinations are required

by the Board each shol&? stand as an original applica-

tion in compliance wit? Artic!zs 4569 and 4570, includ-

ing requirements as to education of the applicant.

3. The Bc:rd may in its discretion, reinstate

former chiropody lioantiates and refuse to reinstate

others if just cause exists for such refusal. Failure

of the applicant to meet the requirements of Article 4570,

V. C. S. will justify such refusal.

4. Former licentiates who are reinstated with-

out regular examinations should be required to pay all

renewal fees for ‘Yhich they are in arrears; all who are

required to be re-examined and pass the regular ‘examina-

tion may only be required to pay annual renewal fees

commencing with their reinstatement.

The State Board of Chiropody Examiners

may require chiropody licentiates whose li-

censes have been suspended or revoked for

non-payment of annual renewal fees, as re-

quired by Article 4571, V. C. S., to pass

the regular examination as provided in Arti-

cle 4569, including the payment of the $35.00

Hon. C. ii.Robinson - Page 6 (V-758),

examination fee. 3here re-examination

is required by the board, the applicant

should meet the requirements of Article

4570. The board may in its discretion

refuse to reinstate former licentiates

for just cause. Former licentiates who

are reinstated without re-examination

should pay all renewal fees in arrears;

those who are re-examined and pass

should pay only the current renewal fee.

Very truly yours,

ATTORNEY GENERAL OF TEXAS

W.T. Williams

WTW:wb Assistant

APPROVED:

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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