Honorable Margaret L. Canney

Executive Secretary Board of Nurse Examiners 6225 U.S. Highway 290East Austin, Texas 70723 Opinion No.M-1217
Re: Whether a foreign registered nurse, not registered or holding avalid permit in the State of Texas, may use the initials 'S.R.N.", "G.N." or the title "staff nurse" or "charge nurse" in connection with his or her name in theperformance Dear Mrs. Canney: of nursing functions?

Inyour recent letter to this office you asked our opinion on the following:

"Can a foreign registered nurse, not registered or holding avalid permit inthe State ofTexas, use the initials 'S.R.N.', 'G.N.',or the title 'staffnurse' or 'charge nurse' in connection with his or her name in the performance of any type of nursing function?" The nursing profession is affected with apublic interest and it is regulated by the State of Texas through theBoard of Nurse Examiners for the State of Texas.

InArticle 4527a, Section 3,Vernon's Civil Statutes, the following language is found:

"Sec. 3. No person, unless he is licensed under this chapter, may use in connection with his name the abbreviation 'R.N.' or anydesignation tending to imply that he is a licensed registered nurse." This section prohibits actions bypersons unlicensed by the State thatwould indicate to the public that suchpersons were, in fact, licensed. The purpose of theprohibition is to preventthe public frombeing misled by the useby non-licensed

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Mrs. Margaret L. Canney, page 2 (M-1217)

persons of abbreviations or designations as "S.R.N." or the abbreviation "R.N." in combination with any other letters that would tend to indicate to the general public that such person is a licensed registered nurse.

Inour opinion, the use of "G.N.", "staffnurse", "chargenurse" or other such abbreviations, which leave some reasonable doubt or ambiguity that the label tends to imply that thewearer is a licensed registered nurse, is insufficient in law inand of itself to support apenal conviction under the penalty provisions ofArticle 4527b,Vernon's Civil Statutes. Statutes that are penal innature are strictly construed, and any reasonable doubt in their construction or interpretation is resolved in favor of the accused and against the State. 53 Tex.Jur.2d 304, Statutes, Sec. 198; 16Tex.Jur.Zd 114, Criminal Law, Sec. 17. A penal statute must be sufficiently definite, clear, andunambiguous that those subject thereto may know with reasonable certainty what itmeans. Eubanks v. State? 203 S.W.2d 339 (Tex.Civ.App. 1947, error ref.). Penal statutes making the criminality of an act depend largely on the subjective vision or interpretation of another have been held invalid for indefiniteness, and in any event theywill be construed against the State in any case of uncertainty or indefiniteness. 16 Tex.Jur.2d 100, Criminal Law, Sec. 7, and cases cited.

It is our opinion that onewho isnot a licensed registered nurse under the laws.of Texas but uses abbreviations or designationswhich include the letters "R.N." andwhich clearly tend to imply that he or she is a licensed registered nurse is inviolation ofArticle 4527a, Sec. 3,and is subject to thepenalties provided byArticle 452713,Vernon's Civil Statutes. SUMMARY
Onewho is not a licensed registered nurse but uses any abbreviations ordesignations such as "S.R.N." or the letters "R.N." in combination with any other letters andwhich clearly tend to imply that he or she is a licensed registered nurse is inviolation ofArticle 4527a, Section 3~, V.C.S., and is subject to thepenalties provided byArticle 452733. Other abbreviations without the use of the letters "R.N.",which leave a doubtwhether they tend to imply that theuser is a licensed registered nurse, are insufficient in law to support apenal conviction underArticle 452lb,V.C.S. -5970-1 , i ~.,

Mrs. Margaret L. Canney, page 3 **(M-1217)**

truly yours,

Prepared by Linda Neeley Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Sam Jones James Quick John Banks William Craig
SAMUEL D. MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WRITE First Assistant

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