Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
2915 N. Classen Blvd., Ste. 524
Oklahoma City, Oklahoma 73106
Re: Morgan, Case No. 10.2023090140.25
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 the above-referenced case.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline, including a denial of licensure, when an Applicant’s criminal conviction is a felony listed in OAC 485:10-11-4(d)(4)(A) that substantially relates to the practice of nursing and poses a reasonable threat to public safety and disqualifies the Applicant from becoming licensed pursuant to 59 O.S.Supp.2023, § 567.8(B)(2); 59 O.S.Supp.2022, § 4000.1(C)(3)(a); 57 O.S.Supp.2023, § 571(2)(a); and OAC 485:10-11-4(b)(6), (d)(4)(A).
Applicant submitted an application for a single-state LPN license by examination in August 2023. The Applicant has a felony conviction for Assault with Intent to Commit Felony, specifically 21 O.S. § 645, in Tulsa County District Court, State of Oklahoma, case number CF-2007-665. These offense(s) were determined to substantially relate to the duties and responsibilities of the occupation and to pose a reasonable threat to public safety, health, or welfare. 59 O.S.Supp.2023, § 567.8(B)(2); 59 O.S.Supp.2022, § 4000.1(C)(3)(a); 57 O.S.Supp.2023, § 571(2)(a); and OAC 485:10-11-4(b)(6), (d)(4)(A). Pursuant to 59 O.S.Supp.2022, § 4000.1(D)(3), the Board advised Applicant that he or she had the right to submit additional evidence relevant to each of the factors considered by the Board, which would be considered before issuing a final determination. Additionally, the Applicant’s subsequent criminal record reveals multiple convictions, including misdemeanors for unauthorized use of a credit/debit card and a felony conviction for embezzlement, among others. These offenses reflect a pattern of behavior that raises significant concerns regarding the Applicant’s fitness to provide care to vulnerable populations. Relying on 59 O.S.Supp.2023, § 567.8(B)(2); 59 O.S.Supp.2022, § 4000.1(C)(3)(a); 57 O.S.Supp.2023, § 571(2)(a) and OAC 485:10-11-4(b)(6), (d)(4)(A), the Board proposes to deny Applicant’s application requesting a single-state LPN license in Oklahoma.
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
Brad Clark
General Counsel
