Texas Attorney General Opinion: JM-375 Page: 2 of 3
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Ms. Joyce A. Rne - Page 2 (JM-375)
hospital administrator, registered professional
nurse, or license vocational nurse.
One (1) member of the Board aust be a hospital
admnistiatoriwo has been actively engaged in
hospital aAinisttration for a period of five (5)
years and who is not a licensed physician, regis-
tered professional nurse, or licensed vocational
nurse.
7UrS mi-w w
Two (2) mP ers of the Board must be represea-
tatives of the ge eral public. A person is not
eligible for appointment as a public meber if the
person or the person's spouse is licensed by an
occupational regulatory agency in the field of
health care or is employed by, participates in the
management of, or has, other than as a consumer, a
financial interest in a business entity or other
organization that provides health-care services or
that sells, manufactures, or distributes health-
care supplies or equipment. (Emphasis added).
You inform us that a recently confirmed appointment to the. Board of
Vocational Nurse Examiners is both a licensed vocational nurse and a
registered nurse. You ast 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 construe a statute in such a way as to express
"only the will of the makers of the law, not forced or strained, but
simply such as the words of the law in their plain sense fairly
sanction and will clearly sustain." Railroad Commission of Texas v.
Miller, 434 S.W.2d 670, 612. (Tex. 1968). Subsection 5(a) of article
4528c, V.T.C.S., clearly prohibits the appointment to the Board of
Vocational Nurse Examiners of any member who is both a licensed
vocational nurse and a rgistered nurse. Accordingly, we conclude
that such an appointee is lnot eligible to serve.
SUMHMAIR Y
Section 5(a) of article 4528c, V.T.C.S., the
Licensed Vocati inal 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.JIM MATTOX
Attorney General of Texasp. 1715
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-375, text, November 7, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272815/m1/2/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.