Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, OK 73152
Re: Row, Case No. 3.2022070119.25
Dear Executive Director Barnhouse:
This office has received your request for a written Attorney General Opinion regarding action the Oklahoma Board of Nursing intends to take pursuant to a Supplemental Order in the above-referenced case. The Respondent holds an active single-state licensed practical nurse (LPN) license.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse has “violated…an order of the Board[.]” 59 O.S.Supp.2023, § 567.8(B)(9).
In March 2022, Respondent entered into an agreed Stipulated Order (“First Stipulated Order”) with the Board following a history of unlicensed practice and falsification of a reinstatement application. Specifically, Respondent worked as an LPN without an active license and later falsified an application by denying knowledge of practicing while unlicensed. The terms of the 2022 Stipulated Order included granting reinstatement, completing an educational course in Nursing Jurisprudence, receiving a severe reprimand, and paying a $500 administrative penalty. Respondent successfully completed the terms of the First Stipulated Order.
In January 2024, Respondent entered into another agreed Stipulated Order (“Second Stipulated Order”) related to criminal charges, including forgery. Following a guilty plea to a reduced charge of Publishing a Counterfeit Instrument, the Court ordered a two-year deferred sentence, supervised probation, and payment of fines and court costs. The terms of the Second Stipulated Order required Respondent to complete an evaluation, submit to bi-monthly body fluid testing, complete educational courses in Nursing Ethics and Critical Thinking, accept a severe reprimand, and pay a $500 administrative penalty.
On August 22, 2024, an Order to Appear and Show Cause with Notice of Hearing was issued by the Board for alleged violations by Respondent of the Second Stipulated Order. The violations included failing to submit required Prescriber Medication Reports by the designated deadlines. Notably, the Respondent failed to submit reports due on February 15, 2024, and August 9, 2024, with the latter report still not received at the time of the Notice.
The Board now proposes to temporarily suspend the Respondent’s LPN license, pending acceptance into the 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, the license will be temporarily suspended, and the Respondent will again be referred to PAP, as well as, be required to pay an administrative penalty of $500.00. If PAP is not completed, the Respondent’s license will be revoked for five years. The Board may reasonably believe 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
