Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Harvey, Case No. 3.2022100081.25
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 3.2022100081.25. Respondent holds a single-state LPN license which was temporarily suspended November 17, 2023.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[i]s guilty of deceit or material misrepresentation in procuring or attempting to procure” a nursing license or “[i]s guilty of a felony[.]” 59 O.S.2021, § 567.8(B)(1)(a) and (2).
On November 7, 2023, Respondent entered into an agreed stipulated order denying their application to return to active status of licensure for multistate licensed practical nursing due to ineligibility related to a felony conviction for possession of controlled dangerous substances (methamphetamine) and related falsehoods contained in their September 2022 application for reinstatement. The order contained terms and conditions requiring the temporary suspension of Respondent’s single state Oklahoma LPN license pending Board review of an evaluation to be completed and submitted by March 27, 2024.
Pursuant to a July 18, 2024 hearing to review Respondent’s evaluation, the Board proposes to accept the evaluation and refer Respondent to the Board’s peer assistance program (PAP). It proposes that Respondent’s license remain temporarily suspended unless or until they supply sufficient documentation of their acceptance to the program within 60 days. If PAP is not completed, the license will be revoked for two years. If the license is revoked, the Respondent must meet the Board’s guidelines for reinstatement. Upon reinstatement after revocation, the Respondent will again be referred to PAP. Upon reinstatement after revocation, the license will be temporarily suspended, and the Respondent will again be referred to PAP. If PAP is not completed, Respondent’s license will be revoked for five years. 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
