May 23, 1967 

Mr. H. M. Cardwell, President Opinion No. M-78 

Board of Vocational Nurse Examiners 

1008 Sam Houston Building Re: Whether Board of VocaAustin, Texas tional Nurse Examiners 

is authorized to subscribe to the National 

League for Nursing test 

pool examination as the 

Bear Mr. Cardwell: Board's testing method. 

You have requested the opinion of this office concerning 

the question of whether the Board of Vocational Nurse Examiners 

may use the National League for Nursing test pool examination as 

its llcensure examination for those Individuals seeking to obtain 

a license as a Licensed Vocational Nurse pursuant to the provisions 

of Article 4528c, Vernon!s Civil Statutes. 

In connection with the foregoing question you have stated 

that: 

"It has been the practice of the Board 

of Vocational Nurse Examiners for the past fourteen years to construct Its own licensure examination for graduates of the year's vocational 

nurse training program. All of the states except 

Texas subscribe to the National League for Nursing 

test pool examination as their testing method, 

making It necessary for our LVN's seeking reciprocity 

In other states to write examination twice. 

" 

. . . 

"The Board does not examine the questions 

before the examination is given but does examine 

them at the time of the examination and sets the 

grades. The contract with the National League for 

Nursing for use of the pool examination could be 

cancelled at any time by our Board a;d we could go 

back to giving our own examinations. 

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Mr. H. M. Cardwell, page 2 (M-78) 

Section 5 of Article 4528c, provides, in part, that: 

“(a) Except as provided In Section 6 and 

Section 7 of this Act, every person desiring to 

be licensed as a Licensed Vocational Nurse or 

use the abbreviation L. V. N. In the State of 

Texas, shall be required to pass the examination 

given by the Board of Vocational Nurse Examiners. 

. . . 

* 

. . . 

accrediting? 

“(cl In conducting examinations and In 

chools of Vocational Nurses and 

hospitals as provided for In this Act, it shall 

be mandatory upon the Board to ascertain that 

each Vocational Nurse shall have been taught the 

?undamentals of basic bedside nursing I th home 

and In the hospital. . . .” (HmphasisnaddEd.) 

In Attorney General’s Opinion No. v-736 (1948), this 

office had before It a like question dealing with examinations 

given by the State Board of Nurse Examiners. In holding that the 

State Board of Nurse Examlners could use questions prepared bythe 

National League of Nursing Education for the examination of applicants to practice professional nursing, the opinion stated: 

“Not only do the above quoted statutes 

impose a duty upon the Board to prescribe the 

type of examinations as it may deem best in 

order to determine the fitness of the avnlicants 

to practice professional nursing, but it-leaves 

it within the sound discretion and judgment of 

the Board as to the method of prescribing such 

examinations as well as grading the examination 

papers of the applicants. 

“True, the Board is not authorized to delegate the power of giving such examinations to 

anyone else. However,’ we do not believe that the 

mere fact that the Board adopts questions prepared 

by the National League of Nursing Education amounts 

to a delegation of power. On the contrary, if the 

Board thinks that the purpose of the law would be 

more effectively carried out by conducting such 

examinations through the method referred to In 

your l;;equest, we believe that it has such power. 

. . . (Bnphasls added. ) 

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. 

Mr. H. M. Cardwell, page 3 (M-78) 

In Attorney General's Opinion No. ~-2831 (1952), this 

office had before it the question of whether the Board of Vocational Nurse Examiners could prescribe examinations formulated 

by the National League of Nursing Education, and in such opinion 

it was stated: 

II .it Is apparent that a distinction 

must be drawn between any delegation of the 

power to examine on the one hand and a simple 

choice to prescribe that set of questions which 

the national group has drafted in each instance. 

The Board may not surrender its power to prescribe 

the questions for the examinations by a blanket 

order adopting In advance any and all questions 

drafted by the National League of Nursing Education, to the exclusion of the Board's duty to 

pass on the adequacy and acceptability of each 

set of questions and to formulate other questions 

if it finds that those prepared by the National 

League are not suitable. However, as was held 

in Opinion v-736, the Board may adopt questions 

repared by the National League If upon scrutiny 

n each Instance It finds that the set of questions furnished to it is satisfactory." (Emphasis 

add e d . ) 

Attorney General's Opinion Nos. v-736 (1948) and ~-2831 

(1952) clearly disclose that the Board of Vocational Nurse Examiners 

Is authorized to use the National League for Nursing test pool exsmlnation as Its llcensure examination for those Individuals seeking 

to obtain 'a license as a Licensed Vocational Nurse pursuant to the 

provisions of Article 4528~. The mere fact that the members of the 

Board of Vocational Nurse Examiners do not see the examination questions until the time of the examination Is not in Itself sufficient 

to reach a' conclusion that there has been an Improper delegation of 

the Board's authority to prescribe the examination to be given applicants for llcensure. The Board still retains the right to study 

the examination questions provided by the National League for Nursing 

and reach a decision as to whether the questions submitted are 

satisfactory and will be used. As the Board sets the grades In 

connection with the examination and can terminate use of the test 

pool examinations submitted by the National League for Nursing at 

any time, we are of the opinion that an arrangement such as proposed 

would be wlthin the authority and sound discretion of the Board and 

would not constitute an improper delegation of their duties and authority in connection with the examination of applicants for llcensure. 

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Mr. H. M. Cardwell, page 4 (M-78) 

If the Board should determine that the test pool 

examination is lnadequate'to meet the requirements of Article, 

4528c, then It will be the duty of the Board to give additional 

examination questions in order that the examination will comply 

with the mandatory requirements of said Article. 

SUMMARY 

The Board of Vocational Nurse Examiners may 

use the National League for Nursing test pool 

examination as its licensure examination for those 

individuals seeking to obtain a license as a 

Licensed Vocational Nurse pursuant to Article 

4528c, Vernon's Civil Statutes, and under the 

proposed arrangement such action would not constitute an improper delegation of the Board's 

duties and authority in connection with the 

examination of applicants for licensure. 

If the Board should determine that the teat 

pool examination is inadequate to meet the requirements of Article 4528c, then it will be the 

duty of the Board to give additional examination 

questions In ord,er that the examination will comply with the mandatory requirements of said 

Article. 

Vm truly yours, 

g?z- . ‘MART N 

General of Texas 

Prepared by Pat Bailey 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman . 

W. V. Geppert, Co-Chairman 

Lewis Berry 

Ralph Rash 

Jack Sparks 

James McCoy 

STAFF LEGAL ASSISTANT 

A. J. Carubbl, Jr. 

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