Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: McKinney, Case No. 3.2024050275.25
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 Respondent holds a single-state LPN 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 guilty of unprofessional conduct[,]”1 or “[v]iolate[s] a rule promulgated by the Board[.]” 59 O.S.2021, § 567.8(B)(2), (7), (9). The Board may reasonably believe that the proposed action is necessary to deter future violations.
According to the Board’s complaint filed in December 2024, the Respondent was charged with one felony count of Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine, a Schedule II Controlled Dangerous Substance), and one misdemeanor count of Unlawful Possession of Drug Paraphernalia in Blaine County District Court, Case No. CF-2023-77. On March 19, 2024, the Respondent entered a plea of No Contest to both charges and received a three-year deferred sentence, supervised probation, and was required to pay fines, VCA, and court costs. Additionally, the Respondent is required to register on the Methamphetamine Offender Registry.
On January 30, 2025, the Board held a hearing and found clear and convincing evidence to support the allegations against the Respondent. As a result, the Board proposes to temporarily suspend the Respondent’s LPN license, pending completion of an evaluation that complies with the Board’s criteria and requires the Respondent to (1) complete a Board-approved education course on Nursing Jurisprudence within ninety days; (2) complete a board-approved education course on Nursing Ethics, to include Professionalism, Professional Boundaries, and Social Networking, within ninety days; (3) pay an administrative penalty of $500 within sixty days; (4) pay investigation and prosecution cost of $465.96; (5) submit to twice-monthly body fluid testing until review of evaluation; (6) remain free from alcohol and illegal drugs; (7) verify all prescribed or over-the-counter medications to the Board within 10 days of receiving the order and within 72 hours thereafter. Prescriptions must also be confirmed by the healthcare provider within 10 days using the Board's forms; (8) comply with the Act and applicable administrative rules. Failure to timely complete the education courses, pay administrative penalties and investigation costs, and/or submit written documentation will result in a three-month suspension. If the license is suspended, the Respondent must meet the Board’s guidelines for reinstatement and pay all penalties before reinstatement. 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 is necessary to protect public health, safety, and welfare by ensuring the Respondent meets the minimum standards of professional conduct and accountability.
Cheryl Dixon
Deputy General Counsel
1 Unprofessional conduct includes “conduct detrimental to the public interest[.]” OAC 485:10-11-1(b)(3)(H).
