The opinion
.
r
The Attorney General of Texas
Navamber 7, 1985
JIM MATTOX
Attorney General
pyrnoxoooEulldlnO Me. Joyce A. Nemmar Dplnion No. JM-375
Executive Director
ALlstin.T)c 75711-254s Board of Vocational Nurse Examiners Be: Whether an individual who
51214752501 1300 East Anderson ‘Lane ia both a registered nurse and
TOlOX mw574-1357
Taiacoplar 51214750265
Building C, Suite 285 a licensed vocational nurse is
Austin, Texan 78752 eligible for appointment to
the Board of Vocational Nurse
714 Jack-n. Sulle 700 Examinera
Dallas, TX. 752024%X
214n42#44
Dear Ma. Rammer:
4524 Albwp A-40.. suss 10 Section 5(a) of article 4528~. V.T.C.S., the Licensed Vocational
El Paso. TX. 799052793 Nurses Act, provides the following:
9151533.W
sec. 5. (a) There is hereby created a board
1001 TOXSS, suite 700 to be ‘known aa the Board of Vocational Nurse
Houston, .7X. 77002-3111 Examinem, consisting of tvelve (12) members to be
71312236885 appointed by the Govaroor and confirmed by the
State Smata. Appointments to the Board shall be
made wj.thout regard to the race, creed, sex,
505 Broadway. SuIta 312
Lubbock TX. 794Old479 religion, or national origin of the appointees.
1)081747&m
Seven (7) members of the Board must be Licensed
Vocs& Nurses who are graduates of approved
4309 N. Tenth. Suite S
McAIIm. TX. 75501.1585
schoola of vocational nursinn.-- vho have been
51210824547 activellr engaged in the practice of vocational
nursing Ear five (5) pears immediately preceding
their oppointmenta, and who are nit -licensed
200 Main Plaza, Suite 400
physlci;rns, registered professional nurseo, or
San Antonlo, TX. 78205-2797
512/2254191
hospita:r administrators.
&il) mamber of the Board must be a Regis-
An Equal Opportunity/ tered :Juree
-- licensed by the Board of Nurse
Afflrmatlve Action EmplOYer Examiners who i.a actively engaged In a teaching,
adminia’cratlve. or supervisory caoacitv in a
vocatiowl nursing educkional brogrk and who ‘1s
not a licensed physician, hospital adm%nistrator c
or lice!~3ed vocational nurse.
One (IL) member of the Board must be a physician
liczr by the Texas State Board of Medical
Examiner;6 who has bean actively engaged in the
practice of medicine for five (5) Pears tiedia-
taly pcfecadlng appointment a& who is not a
p. 1714
no. Joyce A. Ilamer - Pago 2 (Jx-375)
hospital administrator, registered professions1
nurse, or licaned~vocational nurse.
One 1 member of the Board met
be a hospital
adm!fidk&-hs blen lktively
engaged
homite adminietrr& for a period of five (i?
yeara and --
who is not a licensed physician. regia-
tared professional nurse, or licensed vocational
nurse.
Two (2) members of the Board muot be represen-
tativee of the g&oral public. A person ir not
eligible for appohtmsnt as a public member if the
perk or the‘ berson’s spous; is licensed by an
occupational regulatory agency in the field of
health care or Is ‘employed by, participatea In the
management of, or ‘has, other than as a consumer, a
financial intare8’t in a business entity or other
organization that provides health-care services or
that sells, manuktures. or distributes health-
care supplies or equipment. okphasis added).
You inform us that a recently confirmed eppolntmant to the. Board of
Vocational Nurse Examiners :Ls both a licensed vocational nurse and a
regist,arad nurse. You ask whether she is eligible to serve on the
board. We conclude that, by the clear terms of the statute, she is
not.
We are required to cowtrue a statute In such a way as to express
“only the vi11 of the makc,rs of the lav. not forced or strained, but
simolr such as the vorda of the law in their slain sense fairlv
sankion and vi11 clearly sustain.” Railroad Com&sion of Texas v:
Mller. 434 S.U.2d 670. 612, (Tex. 1968). Subsection 5(a) of article
m V.T.C.S., claarly prohibits the appointment to the Board of
Vocatkal Nurs; Exam&a& of any msmbei vho is both a licensed
vocational nurse and a r(tSisterad nurse. Accordingly, we conclude
that such an appointee is not eligible to sewe.
SDllt4ARY
Section 5(a) ‘of article 4528c. V.T.C.S., the
Licensed Vocatiwoel Nurses Act. prohibits the
appointment to the Board of Vocational Nurse
Examiners of any member who is both a licensed
vocational nurse and a registered nurse.
J h
Very truly your
- A
JIM MATTOX
Attorney General of Texas
p. 1715
Ha. Joyce A. Bumor - Page ?N (Jn-375)
MARY KELLKR
Executive Aerirtant Attorney General
ROBEBTGRAY
Special Aasirtant Attorney hneral
RICK GILPIN
Chairman,Opinion Ccnmittee
Preparedby Jim Hoellingar
Assistant Attorney General
APPROVED:
OPINION COMMIlTEE
Rick Gilpin. Cheirmen
Jon Bible
Colin Carl
Suesn Garrlaon
Tony Guillory
Jim Moallinger
Jennifer Rigge
Nancy Sutton
Bruce Youngblood