JOHN L. HILL 

Attorney General 

The Attorney General of Texas 

November 17, 1977 

Honorable Margaret L. Rowland, Opinion No. H-1093 

R.N. 

Executive Secretary Re:' Whether the Board of 

Board of Nurse Examiners Nurse Examiners may prom7600 Chevy ~Chase Drive ulgate rules.limiting use 

Austin, Texas 78762 of the abbreviation R.N. 

and, prohibiting others 

practices which suggest a 

person is a licensed regDear Ms. Rowland: istered nurse. 

You have requested our opinion as to whether the Board 

of Nurse Examiners may promulgate rules regarding the use 

of titles indicating that a person is a licensed registered 

nurse. Section 3 of article 4527a provides: 

No person, unless he is licensed under 

this chapter, Mayo use in connection 

with his name the abbreviation "R.N.' 

'or any designation tending to imply 

that he is a licensed registered 

nurse. . 

The Board proposes to promulgate rules, regulations, and 

guidelines which implement this provision. 

The Board of Nurse Examiners is empowered by article 

4514, V.T.C.S., to 

make such by-laws and rules as may be 

necessary . . . to carry into effect 

the purpose of this law. 

In our opinion, the clear purpose of section 3 of article 

4527a is to prohibit unlicensed persons from using any 

designation tending to imply that the individual is a licensed registered nurse. We believe that the Board is 

authorized by article 4514 to enact regulations indicating 

those designations which it deems to be misleading. Since 

the Board is directed in article 4525(d) to "oause.the 

prosecution of all persons violating any provisions of 

p. 4409 
Honorable Margaret L. Rowland, R.N. - Page 2 (E-1093) 

this chapter," such regulations would have the effect of apprising 

potential violators of those designations whose use the Board 

intends to prosecute. Of course, any regulations would not have 

the force of law, since a prosecution would have to be based on 

a violation of the statute rather than a violation of the r,ule. 

Although an administrative agency "has only such powers as 

are expressly granted to it by statute together with those necessarily implied from the authority conferred or duties imposed," 

Stauffer v. City of San Antonio, 344 S.W.2d 158, 160 (Tex. 1961), 

we believe that the Board's authoritv to enact such reaulations 

is a necessary derivative of its express authority und& the 

statute. See Texas State Board of Examiners in Optometry v. 

Carp, 412 m.2d 307 (Tex. 1967) . Of course, the use of certain 

terms may confer a reasonable doubt or ambiguity as to whether a 

violation of article 4527b has occurred. 

Opinion M-1217 (1972). 

See Attorney General 

In addition, the statute exempts particular persons from its operation. See Attorney General Opinions 

H-395 (1974); O-4044 (1941). With these limitations, however, 

it is our opinion that the Board of Nurse Examiners may promulgate rules regarding the use of titles indicating that a person 

is a licensed registered nurse. 

SUMMARY 

The Board of Nurse Examiners is authorized 

to promulgate rules regarding the use of 

titles indicating that a person is a licensed registered nurse. Any prosecution 

must be based on a violation of the statute 

rather than a rule. 

JOHN L. HILL 

Attorney General of Texas 

DAVID IQ KENDALL., First Assistant 

C. ROBERT HEATE, Cha'irman 

Opinion Committee 

jst 

p. 4490