. 

r 

JIM MATTOX 

Attorney General 

pyrnoxoooEulldlnO 

ALlstin. T)c 75711-254s 

51214752501 

TOlOX mw574-1357 

Taiacoplar 51214750265 

714 Jack-n. Sulle 700 

Dallas, TX. 752024%X 

214n42#44 

4524 Albwp A-40.. suss 10 

El Paso. TX. 799052793 

9151533.W 

1001 TOXSS, suite 700 

Houston, .7X. 77002-3111 

71312236885 

505 Broadway. SuIta 312 

Lubbock TX. 794Old479 

1)081747&m 

4309 N. Tenth. Suite S 

McAIIm. TX. 75501.1585 

51210824547 

200 Main Plaza, Suite 400 

San Antonlo, TX. 78205-2797 

512/2254191 

An Equal Opportunity/ 

Afflrmatlve Action EmplOYer 

The Attorney General of Texas 

Navamber 7, 1985 

Me. Joyce A. Nemmar 

Executive Director 

Dplnion No. JM-375 

Board of Vocational Nurse Examiners Be: Whether an individual who 

1300 East Anderson ‘Lane ia both a registered nurse and 

Building C, Suite 285 a licensed vocational nurse is 

Austin, Texan 78752 eligible for appointment to 

the Board of Vocational Nurse 

Examinera 

Dear Ma. Rammer: 

Section 5(a) of article 4528~. V.T.C.S., the Licensed Vocational 

Nurses Act, provides the following: 

sec. 5. (a) There is hereby created a board 

to be ‘known aa the Board of Vocational Nurse 

Examinem, consisting of tvelve (12) members to be 

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, 

religion, or national origin of the appointees. 

Seven (7) members of the Board must be Licensed 

Vocs& Nurses who are graduates of approved 

schoola of vocational nursinn. vho have been 

-- 

activellr engaged in the practice of vocational 

nursing Ear five (5) pears immediately preceding 

their oppointmenta, and who are nit -licensed 

physlci;rns, registered professional nurseo, or 

hospita:r administrators. 

&il) mamber of the Board must be a Registered :Juree licensed by the Board of Nurse 

-- 

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 tiediataly 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 b l en l ktively 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 representativee 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 healthcare 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). 

m V.T.C.S., 

Subsection 5(a) of article 

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. 

Very truly your J - A h 

JIM MATTOX 

Attorney General of Texas 

p. 1715 
Ha. Joyce A. Bumor - Page ?N (Jn-375) 

MARY KELLKR 

Executive Aerirtant Attorney General 

ROBEBT GRAY 

Special Aasirtant Attorney hneral 

RICK GILPIN 

Chairman, Opinion Ccnmittee 

Prepared by 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