EXAS

AUSTXN. TEXAS 78711 CIlAWPORDc:.MANTIN ATTORN&Y c3ENERAL September 30, 

### 1968

Mrs. Marjorie Taber Ogle Executive Secretary OpinionNo. ~-283 Board of Vocational Nurse Re: Manner of qualification Examiners for vocationalnurse 1008 Sam Houston Building licenseunder Section Austin, Texas 78701 5(b), Article 45280, V.C.S. (VocationalNurse Dear Mrs. Ogle: Act).

You have requested the opinion of this office regarding the above question,which is statedmore fully in your letter of request, quoted as follows:

"TheBoard of Vocational Nurse Examiners accepts the following preparation for vocational nurse license: (1) graduation from a year's approved vocationalnurse 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 professionalnurse program.

“Our question concerns the 3rdmanner of qualificationswhich relates to Section 5-b of the Vocational Nurse Act (codifiedas Article 4528~ of Vernon's Civil Statutes). It reads as follows: "'TheBoard in Its discretionmay waive the requirement in subdivision (a) of this Section for completion of a course in an accredited school for trainingVocational 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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of training in a nursing school accredited by the State Board of Nurse Examiners of Texas or in some other school of professionalnurse training accreditedby a similarboard or licensing agency of another state of the United States." "TheBoard of VocationalNurse Examiners has maintained that all undergraduate professional nurse applicantsmust have completed two full calendaryears (not semesteryears) in a school of professionalnursing. 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 vocationalnurse program to make-up curriculumdeficiencies. If the undergraduate can not evidence the two calendar years of professional training, then shemust enroll for the full year in a vocationalnurse school.
"No credit is extended in the vocational nurse program for any of the subjects or practice in the professionalprogram. The undergraduate, therefore,must repeat trainingwhich shehas already successfully completed. Her study in subjectsperhaps has exceeded that in the vocational nurse curriculum. "Couldan undergraduate professionalnurse applicant having less than the two years schooling obtain credit in a vocationalnurse program for subjects and practice previously completed in an approved professionalnursing 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 variousprofessional nurse training institutions vary considerably9 some of them being on a calendar year basis, some on quarters, some on a two-semesterbasis, and somemay be using trimesters. In this situation, the Board must exercise its discretion in determiningwhether the applicant for vocationa nurse licensinghas effectively completed at least two (2)years

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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 professionalnurse training, and then permitting an applicant to make up deficient credits by taking particular courses in an abbreviated vocationalnurse curriculum for qualificationunder 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 vocationalnurse training to accept credits obtained in professionalnurse 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 applicantwho has completed at least two years in a professional nursing programmay be accepted for licensingas a vocational nurse. The Board could,by promulgating appropriate rules or regulations,permit schools of vocationalnurse training to accept credits obtained in professional nurse programs and apply these credits toward graduation. Vfl trulyyours,

General of Texas Preparedby Malcolm L. Quickv 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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