Could a Louisiana hospital award allied-health scholarships to licensed practical nurses even though another nursing scholarship law excluded them?

Plain-English summary

Homer Memorial Hospital wanted to provide professional scholarships for licensed practical nurses. A question arose because La. R.S. 46:1131's nursing scholarship program defined "nursing" in terms of registered nurses and excluded students training to be practical nurses. In 2005, the Attorney General concluded that the separate allied-health scholarship law still included licensed practical nurses.

La. R.S. 46:1151 described allied-health professions with examples, then said the list was "including, but not limited to" those occupations. The AG read that language as illustrative rather than exhaustive. Practical nurses were not named in the examples, but the opinion found their profession eligible under the broader provision. It addressed the profession's statutory eligibility, not a particular applicant's satisfaction of every other scholarship condition.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the registered-nurse scholarship restriction also bar practical nurses from allied-health scholarships?

The AG said no. It treated La. R.S. 46:1131 and La. R.S. 46:1151 as separate programs with different definitions and found practical nurses within the latter's broader coverage.

Did the allied-health statute have to name licensed practical nurses expressly?

No. The AG relied on "including, but not limited to" to hold that the list of professions was not exhaustive.

Did the opinion guarantee a scholarship to every practical nurse?

No. It resolved whether licensed practical nurses fell within the allied-health profession category. It did not decide an individual's other qualifications or award terms.

Background and statutory framework

The request came from the Second Judicial District Attorney's office about Homer Memorial Hospital's proposed scholarships. The AG explained that La. R.S. 46:1131 defined the narrower nursing category by registered-nurse licensure. It contrasted La. R.S. 46:1151, which listed examples of allied-health occupations without limiting the definition to those examples. That difference supported eligibility of licensed practical nurses under the allied-health provision.

Citations

• La. R.S. 46:1131 (separate scholarship program limited by its nursing definition).
• La. R.S. 46:1151 (allied-health scholarship category).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0306

Original opinion text

November 10, 2005
OPINION NUMBER 05-0306

75-A Nurses

Mr. Daniel W. Newell
Licensed practical nurses are eligible to receive allied
Office of the District Attorney health professional scholarships under the provisions of La. R.S. 46:1151.
Second Judicial District
Claiborne Parish Assistants
512 North Main Street
Homer, LA 71040

Dear Mr. Newell:

I am in receipt of your request for an opinion from the Attorney General’s office wherein you state that the Homer Memorial Hospital desires to provide professional scholarships for licensed practical nurses. Your request asked whether licensed practical nurses qualify as allied health professionals to receive professional scholarships under the provisions of La. R.S. 46:1151 since they are excluded under the provision of La. R.S. 46:1131.

La. R.S. 46:1131 establishes a scholarship program for nursing students enrolled in an accredited school of nursing. Subsection C defines the word nursing as professional nursing as practiced by an individual who has graduated from an accredited school of nursing, passed the licensing examination, and been issued a license to practice as a registered nurse in the state by the Louisiana State Board of Nursing. (emphasis added). This language specifically excludes those students who are studying to become licensed practical nurses.

La. R.S. 46:1151, however, provides professional scholarships to allied health professionals. The definition of “allied health profession” is any generally recognized medical profession or vocation including, but not limited to, respiratory, vocational, physical and other therapies; medial, radiologist, and other technologists; pharmacists, social workers, and other similar professions and vocations.

While it is true that licensed practical nurses are not included in this list, the language of the statute clearly shows that the list is illustrative not exhaustive. Since the statute contains the phrase, “including, but not limited to”, it is the opinion of this office that licensed practical nurses would be eligible to receive allied health professional scholarships.

Page 2

Opinion No. 05-0306
Mr. Daniel W. Newell
Office of the District Attorney
Second Judicial District
Page: -2-

We hope that this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 3

SYLLABUS
OPINION NUMBER 05-0306

75-A Nurses

Licensed practical nurses are eligible to receive allied health professional scholarships under the provisions of La. R.S. 46:1151.

Mr. Daniel W. Newell
Office of the District Attorney
Second Judicial District
Claiborne Parish Assistants
512 North Main Street
Homer, LA 71040

DATE RECEIVED:

DATE RELEASED: November 10, 2005

Charles H. Braud, Jr.
Assistant Attorney General