Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Bootenhoff, Case No. 3.2025040233.26
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 is licensed with a single-state license to practice as a licensed practical nurse (“LPN”), number L0051721, 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 Advanced Unlicensed Assistant, or any offense an essential element of which is fraud, dishonesty, or an act of violence, whether or not sentence is imposed, or any conduct resulting in the revocation of a deferred or suspended sentence or probation imposed pursuant to such conviction . . . ” or “[i]s guilty of unprofessional conduct as defined in the rules of the Board.”[1] 59 O.S.Supp.2023, § 567.8(B)(2), (B)(7).
On October 31, 2022, Respondent was charged with felony Child Abuse to which she entered a plea of no contest on January 28, 2025, and the Court ordered a 7 year deferred sentence (until January 27, 2032), Oklahoma Court Services supervision for two years, 40 hours community service within 6 months, and may not provide in home LPN services during deferment period (7 years), VCA, and the payment of fines, costs and fees.
The Office of Inspector General with the Department of Health and Human Services (“OIG”) placed Respondent on the exclusionary list effective April 20, 2025. Further, Respondent was barred from participation in any capacity in all Federal health care programs, as defined in §1128B(f) of the Social Security Act, due to Respondent’s conviction in the District Court of Lincoln County, State of Oklahoma.
Respondent’s criminal action relates to the care of compromised vulnerable patients and raises concerns whether Respondent is capable of ensuring adequate nursing care is provided to patients under her care. Respondent’s Response to the allegation(s) in the Complaint stated, “I Candice Elizabeth Bootenhoff hereby surrender my nursing license, LNP (sic) number L0051721.”
After a hearing on January 28, 2026, the Board proposes to accept Respondent’s voluntary surrender of her LPN license. Prior to reinstatement of any license, Respondent shall furnish proof of removal from the OIG Medicare/Medicaid Exclusions List, pay an administrative penalty of $500.00, and upon reinstatement, Respondent shall furnish to future employers a copy of the Board Order with attachments and amendments.
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] Unprofessional conduct includes “conduct detrimental to the public interest[.]” OAC 485:10-11-1(b)(3)(H).
