EXAS 

AUSTXN. TEXAS 78711 CIlAWPORD c:. MANTIN 

ATTORN&Y c3ENERAL 

September 30, 1968 

Mrs. Marjorie Taber Ogle 

Executive Secretary 

Opinion No. ~-283 

Board of Vocational Nurse Re: Manner of qualification 

Examiners for vocational nurse 

1008 Sam Houston Building license under Section 

Austin, Texas 78701 5(b), Article 45280, 

V.C.S. (Vocational Nurse 

Dear Mrs. Ogle: Act). 

You have requested the opinion of this office regarding 

the above question, which is stated more fully in your letter of 

request, quoted as follows: 

"The Board of Vocational Nurse Examiners 

accepts the following preparation for vocational 

nurse license: 

(1) graduation from a year's approved 

vocational nurse school of Texas; 

(2) graduation from a year's approved 

vocational (practical) nurse program 

of another state; 

(3) completion of two years In an approved 

professional nurse program. 

“Our question concerns the 3rd manner of 

qualifications which relates to Section 5-b of 

the Vocational Nurse Act (codified as Article 

4528~ of Vernon's Civil Statutes). It reads 

as follows: 

"'The Board in Its discretion may waive 

the requirement in subdivision (a) of this 

Section for completion of a course in an accredited school for training Vocational Nurses 

upon presentation of satisfactory sworn evidence that the applicant is domiciled In this 

State and has completed at least two (2) years 

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Mrs. Marjorie Taber Ogle, page 2 (M-283) 

of training in a nursing school accredited by 

the State Board of Nurse Examiners of Texas 

or in some other school of professional nurse 

training accredited by a similar board or 

licensing agency of another state of the 

United States." 

"The Board of Vocational Nurse Examiners 

has maintained that all undergraduate professional 

nurse applicants must have completed two full 

calendar years (not semester years) in a school 

of professional nursing. Those who furnish proof 

of such time are eligible based upon theory and 

practice achieved during such training, or they 

are allowed to enroll in a vocational nurse program to make-up curriculum deficiencies. If the 

undergraduate can not evidence the two calendar 

years of professional training, then she must 

enroll for the full year in a vocational nurse 

school. 

"No credit is extended in the vocational 

nurse program for any of the subjects or practice 

in the professional program. The undergraduate, 

therefore, must repeat training which she has 

already successfully completed. Her study in 

subjects perhaps has exceeded that in the vocational nurse curriculum. 

"Could an undergraduate professional nurse 

applicant having less than the two years schooling 

obtain credit in a vocational nurse program for 

subjects and practice previously completed in an 

approved professional nursing school? Could 

'time in program' of one type of training apply 

to the other?" 

You are advised that in our view the requirements of 

Section 5(b), Article 4528c, Vernon's Civil Statutes, quoted 

supra, are clear, and that the present Board procedure is within 

the discretion of the Board. It is our understanding that the 

programs of the various professional nurse training institutions 

vary considerably9 some of them being on a calendar year basis, 

some on quarters, some on a two-semester basis, and some may be 

using trimesters. In this situation, the Board must exercise 

its discretion in determining whether the applicant for vocationa 

nurse licensing has effectively completed at least two (2) years 

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Mrs. Marjorie Taber Ogle, page ,3 (M-283) 

of professional nurse training as required by Section @j(b). However, the statute does not give the Board the option of giving 

credit for less than two years of professional nurse training, 

and then permitting an applicant to make up deficient credits 

by taking particular courses in an abbreviated vocational nurse 

curriculum for qualification under Section 5(b). 

However, it is the opinion of this office that the 

Board could, by the promulgation of appropriate rules or regulations, permit schools of vocational nurse training to accept 

credits obtained in professional nurse programs and apply 

credits toward graduation. 

SUMMARY 

Section 5(b), Article 4528c, V.C.S., provides 

a procedure whereby, in the discretion of the Boards 

of Vocational Nurse Examiners, an applicant who has 

completed at least two years in a professional nursing program may be accepted for licensing as a 

vocational nurse. The Board could, by promulgating 

appropriate rules or regulations, permit schools of 

vocational nurse training to accept credits obtained 

in professional nurse programs and apply these 

credits toward graduation. 

Vfl truly yours, 

General of Texas 

Prepared by Malcolm L. Quick v 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

Marvin Sentell 

Pat Cain 

John Banks 

Bob Lattimore 

A. J. CARUBBI, JR. 

Executive Assistant 

these 

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