Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Nez, Case No. 10.2024060198.25
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 has “had disciplinary actions taken against the individual’s registered or practical nursing license, advanced unlicensed assistive certification, or any professional or occupational license, registration or certification in this or any state, territory or country[.]” 59 O.S.2021, § 567.8(B)(10).
On May 23, 2024, Nez submitted to the Oklahoma Board of Nursing (OBN) a Petition for Determination of Eligibility for Licensure or Certification. Then, on June 11, 2024, Nez submitted to the OBN a complete Licensed Practical Nursing (LPN) Licensure by Examination with multistate license request Application (Application) to practice multistate licensed practical nursing. On December 5, 2018, the Oklahoma State Department of Health issued a Final Agency Order (Order) against Nez’s certifications in the Oklahoma Nurse Aide Registry (Registry). The Order issued a finding of neglect of a resident was committed by Nez. An annotation of neglect was ordered to be placed on the Registry for being found to have neglected a resident by failing to follow the two-person assist in transferring a resident, causing injury to the resident. Nez is currently ineligible to work as a nurse aide in a long-term care facility, a residential care facility, assisted living facility, day care facility, and any entity that requires certification of nurse aides or any Medicare skilled nursing care facility.
After the OBN considered Nez’s application and previous discipline, it proposes to deny Nez’s Application pursuant to clear evidence that Nez’s conduct violates the Oklahoma Nursing Practices Act, 59 O.S.2021, § 567.8 (B)(10).
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
