E L~TIKBRNEP GENERAL
OFTEXAS
AUSTIN.TEXAR 78711
CIPAWFORD c. MAIRTJN
AlTORNEY OEZNERAL
Februhry 18, 1971
Mildred Blair, R.T.N. Opinion No. M- 793
Secretary-Treasurer
Board of Tuberculosis Nurse Re: Status of persons who
Examiners for the State of qualify as tuberculosis
Texas nurses under Article 4528b,
Clsco, Texas 76437 Vernon's Civil Statutes, to
apply such training toward
registration as a licensed
Dear Mrs. Blair: vocational nurse.
In your letter requesting an opinion from this office,
you ask whether a person who is a graduate tuberculosis nurse
and registered as a tuberculosis nurse by the Board of Tuberculosis
Nurse Examiners under the provisions of Section 4, Article 4528b,
Vernon's Civil Statutes, is entitled by the provisions of either
Section 5(a) or Section 5(b), Article 4528c, Vernon's 0.~11 Statutes,
to receive credit for such training toward registration as a voca-
tional nurse.
We have been Informed that at present there are no
*sanitarium (sanatorium) schools of nursing accredited by either
the Board of Vocational Nurse Examiners or the Board of Nurse
Examiners.
In Attorney General's Opinion M-738 (1970) this office
was asked whether schools of vocational nursing accredited by the
Board of Vocational Nurse Examiners would be authorized to offer
advanced standing examinations to persons who had completed nursing
courses In programs not accredited by the Board and to apply any
such advanced standing credits to the satisfaction of curriculum
requirements to the extent of graduation without the completion
of a twelve-month program at such schools. In answering this
question, Attorney General's Opinion M-738 (1970) held, in part,
as follows:
'Among the requirements for admission to the
license examination Is the following, from Section
5(a), Article 4528c, Vernon's Civil Statutes.
+used interchangeably with sanatorium throughout this opinion.
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Mrs. Mildred Blair, page 2 (M-793)
11 1
and has completed an accredited course
of not ie;is’thantwelve (12) months In an accredited
school for training Vocational Nurses. An accredited
school as used herein shall mean one accredited by
the Board. ’
“The Board of Vocational Nurse Examiners has
the duty of prescribing, surveying and accrediting
courses of study for Individual schools of vocational
nursing. Such curricula must, according to statute,
be based upon a twelve-month period. We cannot say
that In all cases a twelve-month curriculum must result
in a student spending precisely twelve months at his
or her studies. We view it as being perfectly possible
for an industrious and capable student to double up
on courses or laboratory work, and thus complete an
entire twelve-month curriculum in less than twelve
months time, if the curriculum offered by the school
and approved by the Board Is structured so as to
permit such acceleration. If a school desires to
offer advanced standing examinations to persons
with some prior training, and the Board determines
that the basis upon which such examinations are
offered properly merges with the requirement for
a twelve-month curriculum, it is our view that
there would be no violation of either the letter
or the spirit of the statute. The key fact is
that the individual must clearly demonstrate his
educational level in a manner sufficient to qualify
him for a certificate of graduation from the school
of vocational nursing. Normal procedure will find
the great majority of students following the
customary steps In the curriculum, but we find
nothing improper in permitting particularly
qualified Individuals to shorten the time period
necessary for graduation.
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Mrs. Mildred Blair, page'3 (M-793)
On the basis of this language, it Is our opinion that
under the provisions of Section 5(a), Article 4528c, Vernon's
Civil Statutes, the Board of Vocational Nurse Examiners may, in
its discretion, authorize the granting of credit for nursing
course work completed by persons at a sanitarium school of
nurses only through advanced standing examinations given at
accredited schools of vocational nursing.
Under the provisions of Section 5(b), Article 4528c,
Vernon's Civil Statutes, the Board of Vocational Nurse Examiners
may, in its discretion, waive the nursing course requirement
expressed In Section 5(a) upon applicant's presentation of
satisfactory evidence that the applicant . . . 'has completed
at least two years 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."
Since no sanitarium school of nursing Is presently accredited by
the Board of Nurse Examiners, it Is our opinion that the Board
of Vocational Nurse Examiners is not authorized by the provisions
of Section 5(b), Article 4528c, Vernon's Civil Statutes, to waive
the nursing course requirement contained in Section 5(a) for
those applicants who receive their nursing training at a sanltorium
school of nursing and are registered as tuberculosis nurses by the
State Board of Tuberculosis Nurse Examiners.
SUMMARY
Under the provisions of Section 5(a), Article
4528c, Vernon's Civil Statutes, the Board of Voca-
tional Nurse Examiners may, in its discretion, au-
thorize the granting of credit for nursing course
work completed by persons at a sanitarium school
of nursing only through advanced standing examina-
tions given at accredited schools of vocational
nursing.
The Board of Vocational Nurse Examiners is not
authorized by the provisions of Section 5(b), Article
4528c, Vernon's Civil Statutes, to waive the nursing
course requirement contained in Sections(a) for those
applicants who receive their nursing training at a
sanitarium school of nursing or other authorized
school of professional nurses training and are
registered as tuberculosis nurses by the State
Board of Tuberculosis Nurse Examiners.
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, .*
Mrs. Mildred Blair, page 4 (M-793)
truly yours,
neral of Texas
Prepared by Ivan R. Williams, Jr.
Assistant Attorney General
APPROVED8
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Dunk Sullivan
Ed Esquivel
Fisher Tyler
Bill Corbusier
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WRITE
First Assistant
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