Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Bradshaw, Case No. 3.2023060118.25
Dear Executive Director Barnhouse:
This office has received your request for a written Attorney General Opinion regarding the action that the Oklahoma Board of Nursing intends to take in the above-referenced case. The Respondent is licensed to practice licensed practical nursing in the State of Oklahoma and is the holder of a multistate license.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[f]ails to adequately care for patients or to conform to the minimum standards of acceptable nursing” in a way that “unnecessarily exposes a patient or other person to risk of harm[,]” “[i]s guilty of unprofessional conduct[,]”[1] or “[i]s guilty of any act that jeopardizes a patient’s life, health or safety[.]”[2] 59 O.S.2021, § 567.8(B)(3), (7-8).
In a December 2024 complaint, Board staff alleged that Respondent failed to adequately care for a patient or conform to the minimum standards of acceptable nursing practice and Respondent’s conduct unnecessarily exposed a patient or other person to risk of harm and jeopardized patients’ lives, health or safety; that Respondent lacked sufficient knowledge or reasonable skill by failing to adhere to the minimal standards of acceptable practical nurse practice; and unprofessional conduct. Specifically, on or about June 7-8 and 8-9, 2023, while working as a charge nurse on the 6:00 p.m. to 6:00 a.m. shift at a nursing home, Respondent failed to act and ensure a resident was safe after being notified by a certified nurse aid (“CNA”) that resident #1 had activated their call light to report that another resident (resident #2) had been in their room and that resident #1 had awoken to resident #2 “groping her breasts and vagina over her clothes.” Respondent was sitting in a recliner in the common area, with ear buds in both ears, sleeping when the CNA came to notify the Respondent of the sexual assault allegation. When awakening, Respondent responded to the CNA, “let me know if it happens again,” before going back to sleep. Respondent failed to notify either residents’ physician, family, nursing home administration, or document the incident in either one of the residents’ medical records. Furthermore, Respondent abandoned her position when Respondent was sleeping on duty. Respondent was terminated from the nursing home on June 15, 2023, and is not eligible for rehire.
Additionally, Respondent failed to cooperate with the Oklahoma Board of Nursing’s investigation. On or about July 25, 2024, and August 21, 2024, Respondent failed to participate in telephonic investigative conferences with Board staff. The Board sent correspondence for these conferences to Respondent’s mailing address of record with the Board, the mail was not returned to the Board office, yet Respondent failed to participate.
At a hearing held March 25, 2025, the Board proposed an emergency action summarily suspending Respondent’s multistate license to practice licensed practical nursing and to deactivate the multistate licensure privilege to practice in all party states pending a hearing on the merits of the Complaint and a determination of whether or not Respondent’s multistate licensed practical nurse license should be disciplined. Respondent is also prohibited from and shall cease and desist from practicing or holding Respondent out as licensed to practice licensed practical nursing in the State of Oklahoma and in the party states with a multistate licensure privilege to practice. Given the serious nature of the allegations and Respondent’s lack of cooperation, the Board reasonably believes that this emergency action is necessary to protect public health, safety, and welfare.
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.
Cheryl Dixon
Deputy General Counsel
1Unprofessional conduct includes “leaving a nursing assignment or patient care assignment without properly advising appropriate personnel,” or “conduct detrimental to the public interest” and “failure to cooperate with a lawful investigation by Board of Nursing staff.” OAC 485:10-11-1(b)(3)(F),(H),(V).
2Conduct that jeopardizes a patient’s life, health, and safety includes failing to utilize appropriate judgment in “administering safe nursing practice” and “patient care[.]” OAC 485:10-11-1(b)(4)(D).
