Case Information
*1 . .
The Attorne,y General of Texas Au~;u.st 23. 1985 JIM MATTOX
Attorney General
Supreme P. 0. Box 12546 5121475-2501 Austin. Telex Telecopier 9101674-1367 TX. 76711. Court Building 512/475-0266 [2546] Ms. Joyce A. Hammer Building C, Suite 285 Nurse Executive Director Board of Vocational 1300 East Anderson Lane Examiners Opinion No. ~~-344 Re: Meaning of It approved course purposes of the Licensed Voca- of not less than 12 months" for tional Nurse Act, article 4528~. Austin, Texas 18752 V.T.C.S.
714 Jackson, Suite 700 Dallas, TX. 75202.4506 Dear Ms. Hammer: 214/742-6944
You have reqwsted our assistance to clarify rhe meaning of 4624 Alberta 9151533.3464 El Paso. TX. 799052793 Ave., Suite [160] V.T.C.S. Specifica3.3y, you ask whether subsection 6(a) of the act, providing that an applicant for the licensing examinarion administered certain language in the Licensed Vocational Nurse Act, article 4528~.
by the Board of Vocational Nurse Examiners submit proof that the applicant "has compteted an approved course of nor less than twelve 1001 Texas, Suite 700 (12) months in an itpproved school for educating vocational nurses," Houston, TX. 77002-3111 literally requires t:hat the course be of at least 12 months in 7131223.5686 duration. 606 Broadway, Suite 312 Your concerns t&out the 12-month minimum educational requirement Lubbock, TX. 79401.3479 of article 4528~ stem from what you describe as the trend in most 6061747-5236 states (including Twas) to remove vocational nurse training from the hospital setting to the academic setting. In light of this trend, you 4309 N. Tenth. Suite B suggest that these programs cannot be literally described as being 12 McAllen, TX. 78501-1685 months in duration. 512,662~4547 200 Main Plaza, Suite 400 San Antonio, [51212254191] TX. 76205.2797 Commission of Texas, 643 S.W.2d 681; 684 (Tex. 1983). the intention of t&r legislature. City of Sherman v. Public Utilire In general, statutory time prov:isions are construed strictly, for the simple The guiding ru.e of sratutory construcrion is to give effect to reason that such requirements are clear and unambiguous and therefore leave little doubt o:E the legislature's intent. See, An Equal Opportunity/ e.g., Attorney Affirmative Action EvploYe- General Opinions .X4,-:!78 (1984) (srawte requiring five years' active
professional experience ,"immediately preceding" license application means five years nearest to the date of filing of the application); JM-107 (1983) (a j&i1 sentence of 72 hours requires prisoner to be released upon expiration of that period or as close to that time as is practicable); H-840 (1976) (former section 4(c) of article 4528c, requiring director of training to "have had at least five (5) years *2 .
Ms. Joyce A. Hammer - Page 2 (JM-344)
experience in teaching nursjng . . ." must be applied and enforced as it reads regardless of the "justice of its effect").
Article 4528~ was substantially amended in 1981. Acts 1981, 67th Leg., ch. 787, at 2990. Subsection 6(a) was amended to eliminate the need for an applicant for examination to submit proof of certain personal qualifications -- ;~a, age, character, physical and mental condition, and citizenship. See S.J. of Tex., 67th Leg., 2238, 2244 (1981). The language requkix proof of the applicant's successful completion of an approved course in vocational nursing was only slightly modified; however, the 12-month minimum course requirement was left intact. Id. Sectj.ans 6 and 7 were amended once more during the last legislati~session. House Bill No. 823. Acts 1985, 69th (not yet published). Once again, the 12-month Leg., ch. d at durational require= was preserved. Id. Consequently, because the legislature is presumed to be acquaintedwith conditions affecting the subject matter- of legislat,lon, Brown v. Memorial Villages Water Au;oH-;y, ',"', ",.;.2d 453 ('Iex. Civ. App. - Houston 114th Dist.1 1962,
. . . . we must nresume that the lenislature intended the
12-month provision to remaiiin effect, notwithstanding the trend to conduct vocational nurse trrtining in the classroom rather than in the hospital.
Article 4528~ clearly prescribes the minimum duration of an approved course in vocatioral nursing. The board may not waive the 12-month minimum educatiolull. requirement, for it is clear that an administrative agency may not waive statutory requirements in the licensing process. Attornql General Opinion MW-131 (1980). Further- more, the board may not create au exception for any institution, either by rule or agreement, in any circumstance not expressly authorized by article 4528~. See V.T.C.S. art. 4528c, 506(b), 7. See also Boss International, Inc.7 General Portland, Inc., 670 S.Wx App. - Austin 1981; no writ) (where the legislature states a m(Tex. specific exception to a Matute, legislative intent that statute should apply in all cases not excepted is clear).
Accordingly, subsection 6(a) must be administered as it reads regardless of the "justice of its effect." Attorney General Opinion H-840 (1976). Furthermore, because we believe the wording of article 4528~. subsection 6(a) is cl.ear and unambiguous, it must be given a literal interpretation and any defects or deficiencies must be corrected by the legislatwe and not this office. See Armstrong v.
Harris County, 669 S.W.2d Zs23 (Tex. App. - Houston [G Dist.] 1983, writ ref'd n.r.e.).
Ms. Joyce A. Rammer - Page 3 (JM-344)
SUMMARY The 12-month alnimum educational requirement of article 4528c, subsection 6(a), requires that an approved course i.n vocational nursing amount to at least 12 months of instruction. w-
gg* Attorney General of Texas TOM GREEN
First Assistant Attorney Genwal
DAVID R. RICHARDS
Executive Assistant Attorney General
ROBERT GRAT
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk