Untitled Texas Attorney General Opinion ( 1985 )

. r The Attorney General of Texas Navamber 7, 1985 JIM MATTOX Attorney General pyrnoxoooEulldlnO Me. Joyce A. Nemmar Dplnion No. JM-375 Executive Director ALlstin.T)c 75711-254s Board of Vocational Nurse Examiners Be: Whether an individual who 51214752501 1300 East Anderson ‘Lane ia both a registered nurse and TOlOX mw574-1357 Taiacoplar 51214750265 Building C, Suite 285 a licensed vocational nurse is Austin, Texan 78752 eligible for appointment to the Board of Vocational Nurse 714 Jack-n. Sulle 700 Examinera Dallas, TX. 752024%X 214n42#44 Dear Ma. Rammer: 4524 Albwp A-40.. suss 10 Section 5(a) of article 4528~. V.T.C.S., the Licensed Vocational El Paso. TX. 799052793 Nurses Act, provides the following: 9151533.W sec. 5. (a) There is hereby created a board 1001 TOXSS, suite 700 to be ‘known aa the Board of Vocational Nurse Houston, .7X. 77002-3111 Examinem, consisting of tvelve (12) members to be 71312236885 appointed by the Govaroor and confirmed by the State Smata. Appointments to the Board shall be made wj.thout regard to the race, creed, sex, 505 Broadway. SuIta 312 Lubbock TX. 794Old479 religion, or national origin of the appointees. 1)081747&m Seven (7) members of the Board must be Licensed Vocs& Nurses who are graduates of approved 4309 N. Tenth. Suite S McAIIm. TX. 75501.1585 schoola of vocational nursinn.-- vho have been 51210824547 activellr engaged in the practice of vocational nursing Ear five (5) pears immediately preceding their oppointmenta, and who are nit -licensed 200 Main Plaza, Suite 400 physlci;rns, registered professional nurseo, or San Antonlo, TX. 78205-2797 512/2254191 hospita:r administrators. &il) mamber of the Board must be a Regis- An Equal Opportunity/ tered :Juree -- licensed by the Board of Nurse Afflrmatlve Action EmplOYer Examiners who i.a actively engaged In a teaching, adminia’cratlve. or supervisory caoacitv in a vocatiowl nursing educkional brogrk and who ‘1s not a licensed physician, hospital adm%nistrator c or lice!~3ed vocational nurse. One (IL) member of the Board must be a physician liczr by the Texas State Board of Medical Examiner;6 who has bean actively engaged in the practice of medicine for five (5) Pears tiedia- taly pcfecadlng appointment a& who is not a p. 1714 no. Joyce A. Ilamer - Pago 2 (Jx-375) hospital administrator, registered professions1 nurse, or licaned~vocational nurse. One 1 member of the Board met be a hospital adm!fidk&-hs blen lktively engaged homite adminietrr& for a period of five (i? yeara and -- who is not a licensed physician. regia- tared professional nurse, or licensed vocational nurse. Two (2) members of the Board muot be represen- tativee of the g&oral public. A person ir not eligible for appohtmsnt as a public member if the perk or the‘ berson’s spous; is licensed by an occupational regulatory agency in the field of health care or Is ‘employed by, participatea In the management of, or ‘has, other than as a consumer, a financial intare8’t in a business entity or other organization that provides health-care services or that sells, manuktures. or distributes health- care supplies or equipment. okphasis added). You inform us that a recently confirmed eppolntmant to the. Board of Vocational Nurse Examiners :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 is 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 in their 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 m V.T.C.S., claarly prohibits the appointment to the Board of Vocatkal Nurs; Exam&a& of any msmbei vho is both a licensed vocational nurse and a r(tSisterad nurse. Accordingly, we conclude that such an appointee is not eligible to sewe. SDllt4ARY Section 5(a) ‘of article 4528c. V.T.C.S., the Licensed Vocatiwoel Nurses Act. prohibits the appointment to the Board of Vocational Nurse Examiners of any member who is both a licensed vocational nurse and a registered nurse. J h Very truly your - A JIM MATTOX Attorney General of Texas p. 1715 Ha. Joyce A. Bumor - Page ?N (Jn-375) MARY KELLKR Executive Aerirtant Attorney General ROBEBTGRAY Special Aasirtant Attorney hneral RICK GILPIN Chairman,Opinion Ccnmittee Preparedby Jim Hoellingar Assistant Attorney General APPROVED: OPINION COMMIlTEE Rick Gilpin. Cheirmen Jon Bible Colin Carl Suesn Garrlaon Tony Guillory Jim Moallinger Jennifer Rigge Nancy Sutton Bruce Youngblood