Untitled Texas Attorney General Opinion ( 1968 )

EXAS
AUSTXN. TEXAS 78711
CIlAWPORD c:. MANTIN
ATTORN&Y c3ENERAL
September 30, 1968
Mrs. Marjorie Taber Ogle Opinion No. ~-283
Executive Secretary
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 ac-
credited school for training Vocational Nurses
upon presentation of satisfactory sworn evi-
dence 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 pro-
gram 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 voca-
tional 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). How-
ever, 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 regula-
tions, permit schools of vocational nurse training to accept
credits obtained in professional nurse programs and apply these
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 nur-
sing 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
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