Texas Attorney General Opinion: O-882 Page: 2 of 4
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Mrs. Eloween Mesch, R. N., Page 2
opinion of former Attorney General, Dan Moody, referred to in
your original inquiry, was not a formal opinion but merely an
oral one to the effect that the Board of Nurse Examiners does
have the authority to promulgate rules and regulations in its
discretion regarding the qualifications of students and hospitals.
Quoting from "Policies, Regulations and Recommenda-
tions for the Accreditation of Texas Schools of Nursing" pro-
mulgated by the Board of Nurse Examiners, we find the following
requirement for students under the title "Admission Requirement";
Health: "A health certificate shall be required
of all appLcants and students who are suffering from
organic defects must not be accepted."
We refer you to articles 4518 and 4518a bearing upon this
subject:
Article 4518. "Qualifications of Nurses' Trainlng
Schools and Appllcants. All special hospitals approved
by the Board of Nurse Examiners, and general hospitals,
which are equipped with not less than twenty-five (25)
beds, and which have a daily annual average of not less
than fifteen (15) patients, and which teach the course of
study prescribed by the Board of Nurse Examiners of
the State of Texas, are hereby constituted duly qualified
and. accredited nursing schools. A general hospital,. as
the term is here used, is a public or private institution
where men, women, and children are treated for all
kinds of diseases, bodily Injury, or physical deformity
by means of both medical and surgical treatment, and
which maintains an organized staff of physicians and
surgeons licensed to practice medicine In the State of
Texas."
Article 4518a. "Certification of Graduates, Exami-
nation by State Board of Nurse Examiners. No person
shall be certified as a graduate f any such nursing school
unless such person has had three (3) full years of work
and study in such school under a registered nurse, two (2)
years of which must be continuous in the school of nursing
from which she has graduated, or two (2) continuous years
in a special hospital and one (1) continuous full year in
a general hospital. And such graduate upon presenting
such certificate to the State Board of Nurse Examiners
shall upon the payment of required fees be entitled to
take the examinations prescribed by the State Board;
and upon making the passing grades prescribed by the
Board, shall be entitled to receive from said Board a
certificate certifying that such person is a graduate
nurse and entitled to practice as a registered nurse in
the State of Texas."
In re spouse to your first question, it is impossible for us to
answer whether the Board may approve a person who has suffered from
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-882, text, June 22, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258061/m1/2/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.