Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Smith, Case No. 3.2024050273.25
Dear Executive Director Barnhouse:
This office has received your request for a written Attorney General Opinion regarding action that the Oklahoma Board of Nursing (“Board”) intends to take in the above-referenced case. Respondent holds a single-state licensed practical nurse license in Oklahoma.
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse “[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,”[1] “[i]s guilty of unprofessional conduct[,]”[2]“[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[,]” or “[i]s guilty of any act that jeopardizes a patient’s life, health or safety.”[3] 59 O.S.2021, § 567.8(B)(2-3), (7–8).
According to a Board complaint filed on February 5, 2025, Respondent while working as a licensed practical nurse in an assisted living center was charged on August 17, 2020, in McClain County, Oklahoma with a Felony: Count 1: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone). On March 26, 2021 Amended Information was filed charging the Respondent with the following felonies that occurred during the time period of December 3, 2019 to April 29, 2020: Count 1: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Alprazolam); Count 2: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone and Alprazolam); Count 3: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone); Count 4: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Alprazolam); Count 5: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone); Count 6: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Alprazolam); Count 7: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone and Alprazolam); and Count 8: Obtain (or Attempt) Controlled Substance by Forgery/Fraud (Hydrocodone and Alprazolam).
On January 4, 2024, Respondent entered a Blind Plea to Counts 1-8 and the Court Ordered a 5-year deferred sentence for Counts 1-8 (until January 3, 2029); 1-year Supervised Probation; completion of a Drug and Alcohol Evaluation and follow recommendations; and the payment of a fee, VCA and Court Costs. The Probable Cause Affidavit states that Respondent used her position as the Director of Nursing at an assisted living center to order Controlled Dangerous Substance (CDS) medications for a second-degree family member who was a Resident at the assisted living center and then diverted the CDS medications for her personal use.
Respondent accepted service of the Notice of Hearing and Complaint on February 8, 2025. Respondent failed to file a written Response within 20 days. On March 4, 2025, correspondence was sent to Respondent at that same address informing her that she was in default status and that the hearing would proceed. Respondent failed to answer the Board’s docket call at the hearing.
At the hearing held March 26, 2025, the Board found that Respondent violated the Oklahoma Nursing Practice Act and ordered Respondent’s single-state licensed practical nursing license be revoked. Upon reinstatement of any nursing license, Respondent’s single state licensed practical nursing license will be temporarily suspended, which will be set aside provided Respondent provides satisfactory documentation to the Board of Respondent’s acceptance into the Board’s Peer Assistance Program within sixty (60) days of reinstatement of any single-state nursing license. If Respondent is not accepted into, or is terminated or defaults from, the Peer Assistance Program within sixty (60) days of reinstatement of any single-state nursing license, Respondent’s single-state license is hereby revoked for a period of two (2) years from the date of non-acceptance in the Peer Assistance Program, or the date of termination/default from the Peer Assistance Program. Upon acceptance into the Peer Assistance Program, Respondent’s single-state license shall be marked “Active-Conditions-Peer Assistance.”
In the event Respondent’s single-state license is revoked, after revocation following non-acceptance/termination/default from the Peer Assistance Program, 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 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 Respondent’s reinstatement, pay an administrative penalty of Five Hundred Dollars ($500.00) payable to the Oklahoma Board of Nursing by certified check or money order only. Further, in the event Respondent’s single-state license is revoked, after the FIRST revocation of licensure, following non-acceptance/termination/default from the Peer Assistance Program, Respondent shall pay the cost of the investigation and prosecution in the amount of Six Hundred Sixteen and 66/100 ($616.66) by certified check or money order only.
Upon reinstatement of any single-state 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 satisfactory documentation to the Board of Respondent’s acceptance into the Peer Assistance Program within sixty (60) days of reinstatement after revocation of any single-state license. Prior to Respondent’s successful completion of the requirements in the Board’s Order, any violations of the Oklahoma Nursing Practice Act by Respondent may require Respondent’s appearance before the Board to show cause why Respondent’s single-state license 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 Respondent’s single-state license. Upon successful completion by Respondent of the Peer Assistance Program contract(s), all encumbrances shall be removed from Respondent’s single-state licensed practical 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
[1] “[S]ubstantially related” means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation. 59 O.S.2021, § 567.8(B)(2).
[2] Unprofessional conduct includes “conduct detrimental to the public interest,” and/or “diversion or attempts to divert drugs or controlled substances.” OAC 485:10-11-1(b)(3)(H),(U).
[3] Conduct 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).
