Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Nealey, Case No. 10.2024040305.25
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 a nurse “[i]s guilty of deceit or material misrepresentation in procuring or attempting to procure” a nursing license or “[i]s guilt of unprofessional conduct[.]” 59 O.S.2021, § 567.8(B)(1)(a) and (7).
On April 24, 2024, the Applicant submitted an LPN Endorsement application for a multistate license to practice as an LPN in Oklahoma. The Application contained false information, specifically, the Applicant’s failure to disclose a prior criminal conviction. The Application asked whether the Applicant had been charged or convicted of any criminal offense, not previously reported in writing to the Board, including pending appeals, and required the disclosure of any DUI/DWI charges and convictions. In response, the Applicant answered, “No. None of the above apply,” despite being charged with issuing a worthless check in Santa Rosa County, Florida, on April 16, 2007, in Case No. 5706MM011894A. On March 2, 2009, the Applicant pled nolo contendere, and the court withheld adjudication, placing the Applicant in the Worthless Check Diversion Program.
In response to the falsification, the Board offered the Applicant a non-disciplinary Corrective Action Order, which required the Applicant to complete a Nursing Jurisprudence education course and pay a $500 administrative penalty. However, the Applicant failed to return the signed Corrective Action Order despite receiving two opportunities on August 12, 2024, and October 7, 2024. Relying on 59 O.S.2021, § 567.8 and OAC 485:10-11-1(b)(1)(A), (B)(3)(E), the Board proposes to deny the Applicant’s application. The Applicant may reapply for licensure only after resolving these matters and meeting all regulatory requirements.
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 that applicants meet minimum standards of professional conduct.
Cheryl Dixon
Deputy General Counsel
