The Attorney General of Texas
November 17, 1977
JOHN L. HILL
Attorney General
Honorable Margaret L. Rowland, Opinion No. H-1093
R.N.
Executive Secretary Re:' Whether the Board of
Board of Nurse Examiners Nurse Examiners may prom-
7600 Chevy ~ChaseDrive ulgate rules.limiting use
Austin, Texas 78762 of the abbreviation R.N.
and, prohibiting others
practices which suggest a
person is a licensed reg-
Dear 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, Mayouse 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 li-
censed 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 neces-
sarily 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. See Attorney General
Opinion M-1217 (1972). In addition, the statute exempts particu-
lar 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 promul-
gate 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 li-
censed 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