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JIMMATTOX AttorneyGeneral pyrnoxoooEulldlnO ALlstin. T)c75711-254s 51214752501 TOlOXmw574-1357 Taiacoplar 51214750265

714Jack-n. Sulle 700 Dallas, TX. 752024%X 214n42#44

4524Albwp A-40..suss 10 ElPaso.TX. 799052793 9151533.W

1001TOXSS,suite 700 Houston, .7X.77002-3111 71312236885

505Broadway. SuIta312 Lubbock TX. 794Old479 1)081747&m

4309 N.Tenth. Suite S McAIIm. TX. 75501.1585 51210824547

200 Main Plaza, Suite400 San Antonlo, TX. 78205-2797 512/2254191

AnEqualOpportunity/ Afflrmatlve Action EmplOYer 

# The Attorney General ofTexas
Navamber 7, 1985

Me.Joyce A. Nemmar Executive Director Dplnion No. JM-375 Board of Vocational Nurse Examiners Be: Whether an individual who 1300East 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) 

### membersof 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 aphysician 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 

### Boardmet be a hospital **adm!fidk&-hs b** len 

### 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 health

### care supplies or equipment. okphasis added). You inform us that a recently confirmed eppolntmant to the. Board of Vocational Nurse Examiners :Lsboth a licensed vocational nurse and a regist,arad nurse. You ask whether she is eligible to serve on the board. Weconclude that, by the clear terms of the statute, she is not. Weare required to cowtrue a statute In such away 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 h

A - JIM MATTOX Attorney General of Texas p. 1715

### Ha.JoyceA. 

### Bumor -Page 

### ?N (Jn-375)

MARYKELLKR Executive Aerirtant Attorney General ROBEBT

GRAY 

### SpecialAasirtant Attorney hneral 

### RICKGILPIN Chairman,

OpinionCcnmittee Preparedby JimHoellingar Assistant Attorney 

### General APPROVED: OPINIONCOMMIlTEE RickGilpin. Cheirmen Jon Bible Colin Carl Suesn Garrlaon Tony Guillory JimMoallinger Jennifer Rigge Nancy Sutton Bruce Youngblood