Texas Attorney General Opinion: M-699 Page: 3 of 8
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Honorable Preston Smith, page 3
Section 6(1) reads as follows:
"(1) develop, impose, and enforce standards
which must be met by individuals in order to re-
ceive a license as a nursing home administrator,
which standards shall be designed to insure that
nursing home administrators will be individuals
who are of good character and are otherwise suitable,
and who, by training or experience in the field of
institutional administration, are qualified to serve
as nursing home administrators:" (Emphasis added.)
Section 9 prescribes all the necessary qualifications
of an applicant for nursing home administrator license. Section
9(2) reads as follows:
"Section 9(2) ... he has satisfactorily com-
pleted a course of instruction and training pre-
scribed by the board, which course of instruction
shall be designed as to content and so administered
as to present sufficient knowledge of the proper
needs to be served by nursing homes; laws govern-
ing the operation of nursing homes and the pro-
tection of the interests of patients therein; and
the elements of good nursing home administration;
or has presented evidence satisfactory to the board
of sufficient education, training, or experience in
the foregoing fields to enable him to administer,
supervise and manage a nursing home." (Emphasis added.)
Both section 6(1) and 9(2) of the Act are stated in
the disjunctive by use of the word "or" allowing the applicant
the benefit of the use of prior experience to fulfill this por-
tion of his qualification, subject to such experience being
satisfactory to the board which has exclusive jurisdiction to
determine each applicant's "... qualification, skill and fitness
..." under Section 5 of the Act.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-699, text, 1970; (texashistory.unt.edu/ark:/67531/metapth269926/m1/3/: accessed January 15, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.