Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Cupit, Case No. 3.2022070101.25
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 pursuant to a Fourth Supplemental Order in the above-referenced case. The Respondent holds a single-state RN license, which was temporarily suspended on October 23, 2024, and a lapsed single-state LPN license.
The Oklahoma Nursing Practice Act authorizes the Board to impose discipline when a nurse has “violated…an order of the Board[.]” 59 O.S.Supp.2023, § 567.8(B)(9). In this case, the Respondent has a history of violations that reflect ongoing concerns about her fitness to practice nursing.
On May 10, 2022, the Respondent entered into an Agreed Order with the Texas State Board of Nursing (TXBON) due to multiple infractions. Specifically, on November 5, 2020, while employed as a Registered Nurse (RN) at a hospital in Paris, Texas, and utilizing a multistate Privilege to Practice (PTP) RN license from Oklahoma, the Respondent exhibited impaired behavior, including hand shaking, slurred speech, and an inability to scan medications. The Respondent also withdrew Morphine Sulfate from a medication dispensing system without a valid physician’s order, intending to administer it to a patient who had a known severe allergy to the drug. Furthermore, a drug test submitted by the Respondent returned a positive result for marijuana use.
The terms of the TXBON Agreed Order included a warning, completion of educational courses, and employment in Texas as a nurse under strict stipulations. The Respondent was required to work a minimum of 64 hours per month for two years and submit to random drug testing. However, as of April 5, 2023, it was confirmed that the Respondent had not completed the terms of her Texas Agreed Order, although she had completed two required courses.
On September 14, 2022, the Respondent entered into a Stipulated Order for Voluntary Surrender of her Oregon RN license with the Oregon State Board of Nursing for a minimum of three years. This surrender resulted from the violations and the terms of the Texas Board of Nursing Agreed Order.
On May 24, 2023, the Respondent entered into an Agreed Consent Order with the Oklahoma Board of Nursing for violations stemming from prior actions. The terms of this Agreed Consent Order included a severe reprimand, additional educational courses, and supervised practice for 1,440 cumulative hours over two years, with body fluid testing (BFT) required at least twice a month. In October 2023, the Board issued a Supplemental Order after the Respondent failed to comply with the Board’s BFT guidelines, specifically due to a dilute BFT result.
On January 23, 2024, a Second Supplemental Order was issued after the Board accepted the Respondent’s evaluation. All terms of the Consent Order and Supplemental Orders remain in effect.
On May 17, 2024, the Respondent was selected for a random BFT that returned a dilute result. Despite submitting to a medical evaluation, no valid medical explanation for the dilute specimen was provided. The Board’s Third Supplemental Order required the Respondent to continue submitting to BFT, pay an administrative penalty, and remain under supervised practice.
On October 24, 2024, the Respondent was issued an Order to Appear and Show Cause to the Board on November 14, 2024, for a positive BFT result following a dilute test in October 2024, in violation of the Consent Order, subsequent Supplemental Orders, and Board’s BFT Guidelines.
Given the severity and ongoing nature of the violations, including the Respondent’s continued non-compliance with drug testing requirements and failure to meet the terms of previous Orders, the Board now proposes to refer the Respondent to the Board’s Peer Assistance Program (PAP). The Respondent's license will remain temporarily suspended until the Board receives proof of acceptance into the PAP within 60 days. If PAP is not completed, the license will be revoked for two years. If the license is revoked, the Respondent must meet the Board’s guidelines for reinstatement. Upon reinstatement after revocation, the license will be temporarily suspended, and the Respondent will again be referred to PAP, as well as, be required to pay an administrative penalty of $500.00. If PAP is not completed, the Respondent’s license will be revoked for five years. The Board may reasonably believe the proposed action is necessary to deter future violations.
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 is necessary to further 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 Unprofessional conduct includes “conduct detrimental to the public interest” and “failure to cooperate with a lawful investigation by Board of Nursing staff.” OAC 485:10-11-1(b)(3)(H), (V).
