Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Garrett, Case No. 3.2023070332.25
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 license to practice registered nursing in the State of Oklahoma.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse “[v]iolate[s] a rule promulgated by the Board,” or “an order of the Board.” 59 O.S.2021, § 567.8(B)(9).
On March 26, 2024, Respondent entered into an agreed Stipulations, Settlement and Order of the Board (“Stipulated Order”) with certain specified conditions placed on Respondent’s license to practice registered nursing for the following: 1) on December 22, 2015, Respondent was issued a citation for larceny – petit theft, a misdemeanor to which she entered a plea of guilty; 2) on November 24, 2022, Respondent was charged with a DUI and entered a court ordered diversion agreement; 3) on February 21, 2023, Respondent was charged with a second DUI and again entered into a court ordered diversion agreement in which she was required to participate in a drug and alcohol evaluation and follow the resulting recommendations. The terms of the Stipulated Order included, among other things, to complete and submit an evaluation for the Board’s review and body fluid testing (BFT) 2 times per month until review of that evaluation.
On February 6, 2025, Respondent was issued an Order to Appear and Show Cause with a Notice of Hearing for Respondent’s violation of the March 26, 2024, Stipulated Order for the following violation: on November 19, 2024, Respondent was selected for a random, Board ordered BFT which resulted as dilute. On December 2, 2024, Respondent was selected for a Board ordered BFT which was required to be submitted within three (3) hours of Respondent being notified of the selection pursuant to the Guidelines following a dilute BFT result. Respondent was notified at 5:34 a.m. of the ordered BFT selection, via the online monitoring system of the Board. The Respondent untimely submitted to the Board ordered BFT selection at 4:26 p.m. Respondent failed to comply with the Board’s Guidelines.
After the March 27, 2025 hearing, the Board found that Respondent failed to show cause why her single-state registered nurse license should not be revoked or other such action taken and ordered that Respondent’s evaluation is accepted and Respondent is referred to the Board’s Peer Assistance Program with the following terms and conditions: 1) Respondent’s single-state license to practice registered nursing is temporarily suspended as of the date of the Supplemental Order, which shall be set aside provided Respondent provides documentation, satisfactory to the Board, of Respondent’s acceptance into the Peer Assistance Program within sixty (60) days of receipt of the Board’s Supplemental Order; 2) if Respondent is not accepted into the Peer assistance Program within sixty (60) days of receipt of the Board’s Supplemental Order, or acceptance is terminated/defaults from the Peer Assistance Program for any reason other than successful completion, Respondent’s single-state registered nurse license will be revoked for a period of two (2) years from the date of non-acceptance in or the date of the termination/default from the Peer Assistance Program; 3) Respondent shall submit to the Board the applicable licensure modification fee within thirty (30) days of receipt of the Supplemental Order; 4) upon acceptance into a Peer Assistance Program, Respondent’s single-state registered nurse license shall be marked, “Active-Conditions-Peer Assistance.”
If Respondent’s single-state registered nursing license is revoked, any application to reinstate any nursing license shall not be considered until Respondent furnishes proof of compliance with the Board’s Guidelines for Individuals Requesting Reinstatement after Suspension, Surrender or Revocation for Misappropriation or Misuse of Drugs/Alcohol, in effect at the time of the Board’s Supplemental Order. Respondent must also submit evidence of the continued qualifications for practice as set forth in the applicable Statutes and Rules of the Oklahoma Board of Nursing in effect at the time of the Respondent’s reinstatement. If revoked, Respondent shall pay an administrative penalty of Five Hundred Dollars ($500.00) payable to the Oklahoma Board of Nursing by certified check or money order only. Any application to reinstate will not be considered until the administrative penalty is paid in full. Upon the reinstatement of Respondent’s single-state registered nurse license after revocation, Respondent’s license will be immediately placed in temporary suspension pending admission/readmission to the Board’s Peer Assistance Program. Respondent shall provide documentation satisfactory to the Board of Respondent’s acceptance into the Peer Assistance Program within sixty (60) days of reinstatement after revocation of any nursing license.
Prior to Respondent’s successful completion of the Board’s Supplemental Order, any violations of the Oklahoma Nursing Practice Act by the Respondent may require the Respondent’s appearance before the Board to show cause why the Respondent’s license(s) should not be revoked or other such action taken as the Board deems necessary and proper. This does not preclude any action(s) the Peer Assistance Program may take against the Respondent’s single-state registered nurse license.
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
