Case Information
*1 .
r
The Attorney General of Texas
Navamber 7, 1985
JIM MATTOX
Attorney General Me. Joyce A. Nemmar Dplnion No. JM-375
pyrnoxoooEulldlnO Director ALlstin. T)c 75711-254s Board of Be: Whether an individual who 51214752501 1300 East Anderson ‘Lane ia both a registered nurse and TOlOX mw574-1357 Building C, Suite 285 a licensed Taiacoplar 51214750265 Austin, Texan 78752 for appointment to
the Board of Vocational Nurse 714 Jack-n. Sulle 700 Examinera Dallas, TX. 752024%X 214n42#44 Dear Ma. Rammer:
Section 5(a) of article 4528~. V.T.C.S., the Licensed Vocational
4524 Albwp A-40.. suss 10 Nurses Act, provides the following: El Paso. TX. 799052793 9151533.W
sec. 5. (a) There is hereby created a board to be ‘known aa the Board of Vocational Nurse
1001 TOXSS, suite 700 Examinem, consisting of tvelve (12) members to be Houston, .7X. 77002-3111 appointed by the Govaroor and confirmed by 71312236885
State Smata. Appointments to the Board shall be made wj.thout regard race, creed, sex,
505 Broadway. SuIta 312 religion, or national origin of the appointees. Lubbock TX. 794Old479 1)081747&m Seven (7) of the Board must be Licensed Vocs& Nurses who are graduates of approved 4309 N. Tenth. Suite S schoola of vocational nursinn. vho have been -- McAIIm. TX. 75501.1585 activellr engaged in the practice of vocational nursing Ear five (5) pears immediately preceding oppointmenta, and who are nit -licensed 200 Main Plaza, Suite 400 physlci;rns, professional nurseo, San Antonlo, TX. 78205-2797 hospita:r administrators. 512/2254191
&il) mamber of the Board must be a Regis- tered :Juree by the Board of Nurse
An Equal Opportunity/ Afflrmatlve Action EmplOYer who i.a actively engaged In a teaching, Examiners
adminia’cratlve. supervisory caoacitv vocatiowl nursing educkional brogrk and who ‘1s
not a licensed physician, adm%nistrator c or lice!~3ed vocational
One (IL) member of the Board must be a physician liczr by the Texas State Board of Medical Examiner;6 who has bean actively practice of medicine for (5) Pears tiedia- taly pcfecadlng a& who is not *2 no. Joyce Ilamer - Pago (Jx-375) administrator, professions1
nurse, or licaned~vocational nurse.
One 1 member of the Board met be a hospital b l en l ktively adm!fidk&-hs
homite adminietrr& for a period of (i?
yeara and who is not a licensed physician. regia- tared professional nurse, licensed vocational nurse.
Two (2) of the Board muot be represen- A person ir not tativee of the g&oral public. for appohtmsnt as a public member if the
eligible perk or the‘ berson’s spous; is licensed by an occupational regulatory agency the field of health care or Is ‘employed by, participatea In management of, or ‘has, other than as a consumer, in a business financial intare8’t entity or other organization that provides health-care services that sells, manuktures. or distributes health- care supplies or equipment. okphasis added).
You inform us that a recently confirmed eppolntmant to the. Board of :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 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 slain sense fairlv sankion and vi11 clearly sustain.” Railroad Com&sion of Texas v: Mller. 434 S.U.2d 670. 612, (Tex. 1968). Subsection 5(a) of article to the Board of m V.T.C.S., claarly prohibits the appointment Nurs; Exam&a& of any msmbei vho Vocatkal is both vocational and a r(tSisterad nurse. Accordingly, we conclude that such an appointee is not to sewe.
SDllt4ARY Section 5(a) ‘of article 4528c. V.T.C.S., Licensed Vocatiwoel Nurses Act. prohibits the Board of Vocational Nurse
Examiners of any member who is both a licensed nurse and a registered
Very truly your J h A - JIM MATTOX Attorney General of Texas *3 Ha. Joyce Bumor - Page ?N (Jn-375)
MARY KELLKR Aerirtant Attorney General
ROBEBT GRAY
Special Aasirtant Attorney hneral
RICK GILPIN
Chairman, Opinion Ccnmittee
Prepared by Jim Hoellingar Attorney General
Assistant
APPROVED:
OPINION COMMIlTEE
Rick Gilpin. Cheirmen
Jon Bible
Colin Carl
Suesn Garrlaon
Tony Guillory
Jim Moallinger
Jennifer Rigge
Nancy Sutton
Bruce Youngblood