The Honorable Margaref Rowland Opinion No. B- 896 

Executive Secretary 

Board of Nurse Examiners Re: Authority of the 

7600 Chevy Chase, Suite 502 Board of Nurse Examiners 

Austin, Texas 78752 to accredit specialty 

programs in nursing 

offered by colleges and 

universities. 

Dear Mrs. Rowland: 

You have requested our opinion regarding the authority 

of the Board of Nurse Examiners to accredit programs in 

nursing offered by colleges and universities. 

Section 1 of article 4518, V.T.C.S., provides, in 

pertinent part: 

It shall be the duty of the Board of 

Nurse Examiners to prescribe and publish 

the minimum requirements and standards for 

a course of study in programs which 

prepare professional nurse practitioners. 

All other regulations necessary to conduct 

accredited schools of nursing and educational 

programs for the preparation of professional 

nurses shall be as prescribed by the Board, 

provided, however, that the minimum period 

of time that the Board may require shall be 

at least two (2) calendar years and the 

maximum period of time shall not exceed four 

(4) calendar years. The Board shall accredit 

such schools of nursing and educational 

programs as meet its requirements and shall 

deny or withdraw accreditation from schools 

of nursing and educational programs which 

fail to meet the prescribed course of study 

or other standards. 

p. 3767 
The Honorable Margaret Rowland - page 2 (H-896) 

The statute requires the Board of Nurse Examiners to prescribe 

"regulations necessary to conduct accredited schools of 

nursing and educational programs for the preparation of 

professional nurses." It is the Board's further duty to 

accredit those schools and educational programs which conform 

to its regulations. 

We believe that the Board of Nurse Examiners is clearly 

empowered under article 4518 to accredit specialty programs 

in nursing offered by colleges and universities. Such authority 

is not in conflict with any powers granted to the institutions 

themselves. The Coordinating Board of the Texas College and 

University System is, for example, empowered to initiate, 

consolidate or eliminate degree or certificate programs 

whenever it deems such action to be in the best interest of 

the institution and the State of Texas. Education Code, 

5 61.051(e). The Board of Regents of the University of 

Texas System "is authorized to prescribe courses leading to 

such customary degrees as are offered in other leading 

American nursing schools." Education Code, 8 74.402. 

In our opinion, article 4518 does not impinge upon the 

authority of an educational institution to offer any course 

or program to nursing students or to require any course or 

program for the granting of a degree without regard to accreditation. Article 4518 merely permits the Board of Nurse 

Examiners to establish "minimum requirements and standards" 

for accreditation of nursing programs and to accredit those 

programs which meet its standards. Thus, it is'our opinion 

that the Board of Nurse Examiners is authorized to accredit 

specialty programs in nursing offered by colleges and 

universities. 

SUMMARY 

The Board of Nurse Examiners is authorized 

to accredit specialty programs in nursing 

offered by colleges and universities. 

Very truly yours, 

Attorney General of Texas 

p. 3768 
The Honorable Margaret Rowland - page 3 (H-896) 

DAVID M. KENDALL, First Asskstant 

C. ROBERT HEATH, Chainan 

Opinion Committee 

jwb 

p. 3769