Oklahoma Board of Nursing (2024-41A)

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

Re: Brown, Case No. 3.2023070228.25 

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. Respondent holds an active multistate RN license. 

The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[i]s guilty of . . . any offense substantially related to the qualifications, functions or duties of any licensee,” “[i]s intemperate in the use of . . . alcohol,” or “is guilty of unprofessional conduct.”¹ 59 O.S.Supp.2023, § 567.8(B)(2), (4), (7). 

According to a Board complaint, on September 13, 2016, the Respondent was charged with one misdemeanor count of Public Intoxication in Craig County District Court, Case No. CM-2016-145. The Respondent entered a plea of guilty and was ordered to pay a fine and court costs. On July 27, 2023, the Respondent was charged with one misdemeanor count, Calling 911 with False Alarm, one misdemeanor count, Carrying a Firearm While Under the Influence (alcohol), and one misdemeanor count, Reckless Conduct with a Firearm in Craig County District Court, Case No. CM-2023-81. The Respondent entered a plea of guilty to counts 1 and 2 and was ordered to serve a 6-month deferred sentence for each count, supervised probation, to forfeit rights to the firearm and ammunition and to pay fines, VCA, and court costs. On September 8, 2023, the Respondent admitted to Board staff, in writing, to having a substance use problem with drugs and/or alcohol. 

Pursuant to a September 26, 2024, hearing, the Board proposes to temporarily suspend the Respondent’s RN license unless or until she supplies sufficient documentation of her acceptance to the Board’s Peer Assistance Program (PAP) 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, Respondent will be required to pay an administrative penalty of $1,000.00 and will again be referred to PAP. 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. 

Brad Clark
General Counsel