Untitled Texas Attorney General Opinion ( 1951 )

I
October 17, 1951
Hon. C. J. Hollingsworth, Chairman
Committee on Board Procedures
Board of Vocational Nurse Examiners
Lubbock, Texas Opinion No. V-1321
Re: Necessity that the
Board of Vocational
Nurse Examiners hold
meetings when exami-
nations are to be
Dear Sir: given.
You have requested the opinion of this
office concerning the interpretation of various pro-
visions of House Bil.1 47, Acts 52nd Leg., R.S. 1951.,
ch. 11.8, p. 197, which provides for the licensing of
vocational nurses by the Board of Vocational Nurse
Examiners.
Your first question relates to the number
of meetings which the Board must hold each year. You
state that your committee's interpretation of Section
4 of the act is that since there will have to be sixty
days' notice before an examination can be given, the
Board will have to maet twice to give examinations
and will. have to have two additional meetings in which
licenses wi1.l. be issued, in addition to any meetings
for special purposes other than those already men-
tioned. You ask whether this interpretation is cor-
rect.
You also ask whether a quorum of six mem-
bers of the Board must be present to give an examina-
tion. You state that it would be desirable for two
members to hold examinations in several parts of the
State at the same time, since this would he more con-
venient for the people taking the examination and
woul.d require less expense on their part. However,
since the statute states that the examination must be
given by the Board, your committee has interpreted it
as requiring the presence of at least six members at
each examination.
Hon. C. J. Hollingsworth, page .2, ;:(V-1321)
In your third question, you refer to the re-
quirement in Section’5 that an applicant for examina-
tion must have had “at least two years of high school
education or its equivalent”, and you ask if we. can
give you any yardstick to determine what would be con-
strued as equivalent to two years of high school edu-
cation.
Section 4 of Rouse Bill 47, sunra, provides
in part:
“(b) At the first meeting after appoint-
ment of members, the Board shall, elect a Dresi-
dent, Vice-president, and Secretary-treasurer,
and thereafter shall. elect such officers yearly
at an annual meeting. The Board may make such
rul.es and regulations as may be necessary to
govern its proceedings and to carry in effect
the purposes of this law. The Secretary-treasurer
shall be required to keep minutes of each meet-
ing of said Board, a register of the names of
all nurses licensed under this I.aw, and books
of account of fees received and disbursements; . . -.
1(. . .
“(a,) Regular meetings of the Board shall
be held at least twice a year, one of whllch
shall. be designated as an Annual Meeting for
election of officers and the reading of auditors’
reports, and at, both regular meetings licenses
shall be issued to those qualified. At least
twice each year the Board shall hold examina-
tions for qualified applicants for licensure .
Not less than sixty (60) days notice of the hn?d-
ing of examinations shall be given by publication
in at least three (3) dai1.y newspapers of general.
circulation, to ‘be selected by the Board; special.
meetings shall be held upon request of four (4)
members of the Board or upon the call of the
Presid.ent ; six (6) members of the Board shall
const?tute a quorum for the transaction of busi-
ness, and should a quorum not be present on the
day appointed for a~ny meeting, those persons
present may adjourn from day to day until a
quorum sha1.1 ?Je present, providing that such
period shall. not ‘be longer than three (3) SUC-
cessive days: . . .”
,
,-
Hon. C. J. Hollingsworth, page 3 (V-1.321)
We believe the Board has broad discretion
in determining when and where the meetings shall be
heId. The Board is required to hold two examinations
each year for qualified applicants for licensure.
These examinations may ,be given during the annual meet-
ing held for electing officers and reading the auditor’s
reports or during’ the other regular meeting of the
Board. If the Board chooses, it msy elect to hold
examinations at other times. We agree with you that
before at examination may be held e quorum of six
board members must be present.
Section 5 of the Bill. provides:
“Every person desiring to’ be licensed. es
a Licensed Vocational nurse, or use the abbre-
viatlon L.V.N. in the State of Texas, shall be
required to pass the examination given by the
Board of’ Vocational Nurse Examiners; the appli-
cant shall make application by presenting to
the Secretary of the Board, on forms furnished
by the Boarci, satisfactory sworn evidence that
-
the applicant has had at least two (2) years of
high school education or its equivalent, . . .”
We have been unab1.e to find where the courts
of this State have construed the word “equivalent” in e
comparable situation. It has ‘been construed by other
courts as meaning “equal in worth or value, force,
power, effect, Import and the like”. Knox v. O’Brien,
7 I’Z.J. Super. 608, 72 A.2d 389 (1950). In that case,
which Involved a provision of the Compulsory Education
Law requiring children to sttend. public school. “or to
receive equlvelent instruction elsewhere then at school”,
the court treated the question of equivalency es one of
fact.
The prere uisite ‘that the applicant has
had at least two 12 7 years of high school. education
or its equivalent before taking an examination in-
volves e fact finding by the board in the light of the
above definition of the term “equivalent”. Since each
eppl.lcatlon might present a different factual situation,
we cannot lay down any rule to govern the action of
the Board in all situations. However, the board has
the d~iscretion to make such re:!sonable requirements
as it deems proper relative to the proof necessary to
P convince the board that the applicant has en equivalent
.
Hon. C. J. Hollingsworth, page 4 (V-1321)
of two years of high school education.
Under the provisions of House Bill 47,
Acts 52nd Leg., R.S. 1951, ch. 118, p. 197,
the Board of Vocational Rurse Examiners may
determine when and where meetings shall be
held for examining applicants for licenses.
These examinations may be given at the same
time as the two regular meetings required by
Section 4 or at different times if the Board
elects and a quorum of six members is present.
The Board may make reasonable requirements
relative to the proof necessary to convince
the Board that the applicant has an equivalent
of two years of high school education.
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DARIEL
County Affairs Division Attorney General
Everett Hutchinson
Executive Assistant
BY
Charles D. Mathews 4Buc%gL
First Assistant Assistant
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