Honorable Margaret L. Canney 

Executive Secretary 

Board of Nurse Examiners 

6225 U.S. Highway 290 East 

Austin, Texas 70723 

Opinion No. M-1217 

Re: Whether a foreign registered 

nurse, not registered or 

holding a valid 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 the performance 

Dear Mrs. Canney: of nursing functions? 

In your recent letter to this office you asked our 

opinion on the following: 

"Can a foreign registered nurse, not 

registered or holding a valid permit in the 

State of Texas, use the initials 'S.R.N.', 

'G.N. ' , or the title 'staff nurse' 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 a public interest 

and it is regulated by the State of Texas through the Board of 

Nurse Examiners for the State of Texas. 

In Article 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 any designation tending to imply that he is a licensed 

registered nurse." 

This section prohibits actions by persons unlicensed 

by the State that would indicate to the public that such persons 

were, in fact, licensed. The purpose of the prohibition is to 

preventthe public from being misled by the use by 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. 

In our opinion, the use of "G.N.", "staff nurse", 

"charge nurse" or other such abbreviations, which leave some 

reasonable doubt or ambiguity that the label tends to imply 

that the wearer is a licensed registered nurse, is insufficient 

in law in and of itself to support a penal conviction under the 

penalty provisions of Article 4527b, Vernon's Civil Statutes. 

Statutes that are penal in nature 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; 16 Tex.Jur.Zd 114, Criminal 

Law, Sec. 17. A penal statute must be sufficiently definite, 

clear, and unambiguous that those subject thereto may know with 

reasonable certainty what it means. 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 they will 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 one who is not a licensed 

registered nurse under the laws.of Texas but uses abbreviations 

or designationswhich include the letters "R.N." and which 

clearly tend to imply that he or she is a licensed registered 

nurse is in violation of Article 4527a, Sec. 3, and is subject 

to the penalties provided by Article 452713, Vernon's Civil Statutes. 

SUMMARY 

One who is not a licensed registered nurse 

but uses any abbreviations or designations such 

as "S.R.N." or the letters "R.N." in combination 

with any other letters and which clearly tend to 

imply that he or she is a licensed registered 

nurse is in violation of Article 4527a, Section 3~, 

V.C.S., and is subject to the penalties provided 

by Article 452733. Other abbreviations without 

the use of the letters "R.N.", which leave a 

doubt whether they tend to imply that the user is 

a licensed registered nurse, are insufficient in 

law to support a penal conviction under Article 

452lb, V.C.S. 

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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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