Oklahoma Board of Nursing 2025-27A

Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152

Re: Lodes, Case No. 3.2024040002.25

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 “[i]s guilty of deceit or material misrepresentation in procuring or attempting to procure: a license to practice registered nursing, . . . with or without either prescriptive authority recognition or authorization to order, select, obtain and administer drugs,” or “[i]s guilty of a felony, or any offense substantially related to the qualifications, functions or duties of any licensee . . . or any offense an essential element of which is fraud, dishonesty, or an act of violence, whether or not sentence is imposed,”[1]and/or “[i]s guilty of unprofessional conduct[.]”[2] 59 O.S.2021, § 567.8(B)(1)(a), (2), (7).

On January 29, 2025, a Complaint was filed against Respondent’s RN license for the following violations: 

1. On January 9, 2009, Respondent was charged with the following misdemeanor: Count 1: Aggravated Driving a Motor Vehicle While Under the Influence Alcohol (BrAC 0.18). On February 17, 2009, Respondent entered a plea of Guilty to an amended Count of Driving a Motor Vehicle While Under the Influence of Alcohol and the Court Ordered a 1-year deferred 1.     sentence (until February 12, 2010), supervised probation, 50 hours of community service, VIP, complete 24-hour ADSAC Course, attend 6 weeks of outpatient counseling and the payment of a fine, fee, and Court Costs.
2. On December 9, 2021, Respondent was charged with the following misdemeanor: Count 1: Driving a Motor Vehicle Under Suspended or Revoked License or while Disqualified. On January 10, 2022, Respondent entered a plea of No Contest to Count 1, and the Court ordered a 1-year deferred sentence (until January 10, 2023). Respondent shall file a copy of reinstated Oklahoma valid drivers license within 90 days and the payment of a fee and Court costs.
3. On April 21, 2022, Respondent was charged with the following misdemeanor: Count 1: Driving a Motor Vehicle While Under the Influence of Alcohol and Drugs (marijuana). On November 7, 2022, the Respondent entered a plea of Nolo Contendere to an amended charge of DUI of Alcohol and on November 10, 2022, the Court ordered a 6-month deferred sentence (until May 1, 2023), supervised probation, VIP, Substance Screening Inventory, and the payment of Victim Compensation Assessment, fines and Court costs.
4. On May 6, 2022, Respondent submitted to the Board an RN Renewal Application with Multi-State request (2022 Application). Respondent falsified the Application by checking “been convicted of a misdemeanor?” to the following question: Have you been charged and/or convicted in any criminal offense not previously reported in writing to the Oklahoma Board of Nursing, including those Pending appeal? (You may exclude minor traffic violations, but must report all DUI/DWI charges and/or DUI/DWI conviction) Check all that apply:” Respondent’s answer was false as she failed to disclose CM-2022-159 as described supra and should have checked “have any pending criminal charges.”
5. On June 26, 2023, Respondent was charged with the following crimes: Count 1 Actual Physical Control of Vehicle Under the Influence (alcohol), a Felony; and Count 2: Obstructing an Officer, a misdemeanor. On August 9, 2024, the Respondent entered pleas of Guilty to both Counts and the Court ordered a 4 year deferred sentence (until August 14, 2028), supervised probation, obtain a Substance Abuse Evaluation and provide proof of completion of all evaluation requirements within 30 days, submit to random drug screenings for Drug or Alcohol use without notice, NOT consume or possess marijuana and the payment of Court costs, fines, Victim Compensation Assessment, and an Assessment. 
6. On January 3, 2024, Respondent was charged with the following Felony: Count 1: Prisoner Placing Bodily Fluids on a Government Employee (spit on an Officer). On May 29, 2024, Respondent entered a plea of Guilty to an amended Count of Outraging Public Decency, a misdemeanor, and the Court ordered the payment of a fine, Victim Compensation Assessment, and Court costs.
7. On May 24, 2024, Respondent submitted to the Board an RN Renewal Application to practice Single-State registered nursing (2024 Application). Respondent falsified the 2024 Application when checking “No. None of the above apply” to the following question: Have you been charged and/or convicted in any criminal offense not previously reported in writing to the Oklahoma Board of Nursing, including those pending appeal? (You may exclude minor traffic violations, but must report all DUI/DWI charges and/or DUI/DWI convictions) Check all that apply: The Respondent’s answer was false as she failed to disclose CM-2022-159, CF-2023-1.     139, and CF-2024-0032 (cases referenced above). The Respondent should have selected “pled nolo contender, no contest, or guilty?” and “have any pending criminal charges.”

After the March 26, 2025 hearing, the Board found Respondent guilty of deceit or material misrepresentation in procuring or attempting to procures a license to practice registered nursing and proposes disciplining Respondent’s registered nurse license as follows: (1) Respondent’s license is severely reprimanded; (2) Respondent is referred to the Board’s Peer Assistance Program; (3) Respondent’s license to practice registered nursing is temporarily suspended as of the date of the Board’s Order and shall be set aside provided Respondent provides documentation, satisfactory to the Board, of Respondent’s acceptance into the Board’s Peer Assistance Program within sixty (60) days of receipt of the Board’s Order;  (4) if Respondent is not accepted into the Peer assistance Program within sixty (60) days of receipt of the Board’s 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; (5) Respondent shall submit to the Board the applicable licensure modification fee within thirty (30) days of receipt of the Order; (6) 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 Three Thousand Five Hundred Dollars ($3,500.00) 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 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. Upon successful completion by Respondent of the Peer Assistance Program contract, all encumbrances shall be removed from Respondent’s single-state registered nurse license.

Given the serious nature of the allegations, the Board reasonably believes that this 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