-. .
The Attorney General of Texas
June 29, 1978
JOHN L. HILL
Attorney General
Mrs. Margaret L. Rowland, R.N. Opinion No. H- 1199
Executive Secretary
Board of Nurse Examiners for the Re: Whether the Board of
State of Texas Nurse Examiners may probate a
7600 Chevy Chase Drive, Suite 502 revocation or suspension of a
Austin, Texas 78752 nurse’s license.
Dear Ms. Rowland:
You have requested our opinion regarding whether the Board of Nurse
Examiners may probate a revocation or suspension of a nurse’s license.
Article 4525, V.T.C.S., which describes the procedure by which the
Board shall conduct disciplinary proceedings, authorizes the Board to
refuse to admit persons to its examinations, or . . .
refuse to issue a license or certificate of registration
or to issue a certificate of re-registration, or . . .
suspend for any period up to a year, or . . . revoke the
license or certificate of registration or certificate of
re-registration of any practitioner of professional
nursing. . . .
Although the statute permits the Board to “issue a warning or reprimand”
after a “preliminary investigation,” any disciplinary action taken against a
licensed nurse, which action results from a hearing, is clearly limited to
revocation or suspension of the nurse’s license.
It is well established that an administrative agency may exercise only
those powers which are expressly granted to it by statute, together with those
neces&ily implied therefrom. Stauffer v. Cit; of San~Antonio, 344 S.W.2d
158. 160 (Tex. 1961). As we said in Attornev General Ooinion H-928 (1977). the
rules of an administrative agency may iot enlarge-upon the s&e o? the
statute from which it derives its authority. See also Attorney General
Opinions H-870 (1976); H-842 (1976); H-669 (1975).
p. 4818
., -
Mrs. Margaret L. .Rowland, R.N. - Page 2’ (H-1199)
Furthermore, a number of other boards are ~gpecifi+%lly empowered to probate
an order revoking or suspending a practitioner’s license. See V.T.C.S. art. 4512c, S
23 (Board of Examiners of Psychologists); V.T.C.S. art.4506 (Board of Medical
Examiners); V.T.C.S. art. 4512b, S 14 (Board of Chiropractic Examiners). In our
opinion, the absence of any such express authority from article 4525 indicates a
legislative intent that probation is not an alternative which is currently available to
the Board of Nurse Examiners. Accordingly, it is our view that, under present law,
the Board of Nurse Examiners may not probate a revocation or suspension of a
nurse’s license.
SUMMARY,: ~.
Under present law, the Board of Nurse Examiners may not
probate a revocation or suspension of a nurse’s license.
Attornev General of’Texas
APPROVED:
C. ROBERT HEATH, Chairman
Opinion Committee ”
jsn
:
P. 4819
Untitled Texas Attorney General Opinion
Combined Opinion