Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Walker, Case No. 3.2022040201.25
Dear Executive Director Barnhouse:
This office has received your request for a written Attorney General Opinion regarding action that the Oklahoma Board of Nursing intends to take in case 3.2022040201.25. Respondent held a single-state RN license that lapsed on March 1, 2022.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[i]s guilty of unprofessional conduct,]”1 “[f]ails to adequately care for patients or to conform to the minimum standards of acceptable nursing” in a way that “unnecessarily exposes a patient or other person to risk of harm[,]”2 or “[i]s guilty of any act that jeopardizes a patient’s life, health or safety.” 59 O.S.2021, § 567.8(B)(3, 7–8).
In July, 2024, the Board lifted the lapsed status of, and summarily suspended Respondent’s license pending a hearing based on findings that the Respondent’s conduct unnecessarily exposed a patient or other person to risk of harm and jeopardized patients’ lives, health, or safety. In light of the severity of these claims, the Board further issued an order that Respondent immediately cease and desist practicing, or holding themselves out as licensed to practice, registered nursing in the State of Oklahoma.
According to a Board complaint, on or about February 28 - March 1, 2021, Respondent failed to adequately care for a minor psychiatric patient requiring necessary precautions while working at a mental health hospital. Surveillance video shows that Respondent failed to perform or adequately supervise physician-ordered prevention checks. Further, Respondent did not enter the room of the patient over the course of approximately eight hours. While under Respondent’s care, the patient was found to be unresponsive and not breathing and was ultimately pronounced dead after transport to an emergency medical facility. Respondent further falsified the patient’s health record. Respondent’s employer terminated her employment and recommended she not be rehired. While deliberating on its decision, the Board properly considered and weighed the required factors prior to imposing disciplinary action. The Board may reasonably believe that the proposed action is necessary to deter future violations.
It is, therefore, the official opinion of the Attorney General that the Oklahoma Board of Nursing has adequate support for the conclusion that this action advances the State’s policy to protect public health, safety, and welfare by ensuring nurses meet minimum standards of professional conduct.
ROB JOHNSON
General Counsel
1Unprofessional conduct includes “inaccurate recording, falsifying, altering or inappropriate destruction of patient records,” “conduct detrimental to the public interest” and “failure to cooperate with a lawful investigation by Board of Nursing staff.” OAC 485:10-11-1(b)(3)(A), (H), (V).
2Conduct that jeopardizes a patient’s life, health, and safety includes failing to utilize appropriate judgment in “administering safe nursing practice” and “patient care.” OAC 485:10-11-1(b)(4)(D).
