Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Turner, Case No. 10.2023110262.25
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, “[i]s guilty of a felony” or “is guilt of unprofessional conduct[.]” 59 O.S.2021, § 567.8(B)(1)(a), (2) and (7).
On November 20, 2023, the Respondent submitted an RN Endorsement application for a single-state RN license. The Respondent falsified the application by failing to disclose a prior felony conviction for Driving While Intoxicated with a Child Under 15 Years of Age for which Respondent received a two (2) year suspended sentence along with other court ordered punishment. The application asks applicants whether they have been charged and/or convicted of any criminal offense and specifically states, “You may exclude minor traffic violations, but must report all DUI/DWI charges and/or DUI/DWI convictions.” Despite an extensive criminal history, the Respondent answered, “No. None of the above apply” to the question regarding prior criminal convictions, probation, or jail sentences.
Additionally, on March 2, 2024, formal charges were filed against the Respondent by the Board of Nursing in another state based on the felony conviction and subsequent disciplinary actions. On June 11, 2024, the Respondent's nursing license in that state was revoked.
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
