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Oklahoma Board of Nursing (2024-38A)

Tuesday, August 27, 2024

Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing 
P.O. Box 52926 
Oklahoma City, Oklahoma 73152

Re: McGuire, Case No. 3.2023110352.25 

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 3.2023110352.25. Respondent’s single-state RN license lapsed September 1, 2012. 

The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[i]s guilty of a felony[,]” “[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,” “[i]s guilty of unprofessional conduct,”1 “[i]s guilty of any act that jeopardizes a patient’s life, health or safety[,]”2 “fails to maintain professional boundaries with patients”3 or “[e]ngages in sexual misconduct . . . with a . . . patient[.]” 59 O.S.2021, § 567.8(B)(2–3, 7–8, and 12–13). 

In a May 2024 complaint, Board staff alleged that Respondent’s conduct unnecessarily exposed a patient or other person to risk of harm and jeopardized patients’ lives, health, or safety. Specifically, Respondent failed to conform to the standards of nursing care when in 2012 he failed to report and document (and ordered a CNA not to report or document) an elderly resident’s fall, resulting in a hip fracture, while under his care. Further, the State of Arkansas charged Respondent with two counts of rape and plead guilty to two felony counts of sexual assault of another patient in their care, resulting in, among other penalties, supervised probation, registration as a sex offender, and the surrender of all licenses to practice nursing. 

As a result, the Arkansas Nursing Board issued a voluntary surrender order for Respondent’s license and privileges to practice in that state on August 29, 2023.

At a July 17, 2024 hearing, the Board proposed an emergency order of temporary suspension, lifting the lapsed status of Respondent’s single-state RN license. Additionally, the Board will temporarily suspend Respondent’s RN license pending a Board hearing on the merits of the complaint. The Board also directed the Respondent to file an application for reinstatement with any request for hearing on the merits of the complaint. 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 


 

1 Unprofessional conduct includes “verbally or physically abusing patients[,] “conduct detrimental to the public interest,” “engaging in conduct with a patient . . . that is sexual or may reasonably be interpreted as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient[.]” 

2 Conduct 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). 

3 Conduct that violates professional boundaries includes “behavior that jeopardizes or could impair the relationship of trust that should exist between nurse and patient.” OAC 485:10-11-1(b)(5).  

Last Modified on Jan 06, 2025
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