Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Catron, Case No. 3.2024090302.26
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 licensed practical nurse (“LPN”) license number 224369. On September 19, 2024, Respondent submitted to the Board a complete LPN Licensure by Examination with Multistate License Request Application to practice licensed practical nursing (“Application”).
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse “[v]iolated a rule promulgated by the Board, [or] an order of the Board[.]” 59 O.S.Supp.2023, § 567.8(B)(9).
On May 20, 2025, Respondent entered into an agreed Stipulations, Settlement and Order (“Stipulated Order”) related to a misdemeanor charge on November 30, 2016, of aggravated Driving a Motor Vehicle While Under the Influence of Alcohol, to which Respondent entered a plea of guilty. The terms of the Stipulated Order included approval of Respondent’s LPN Application, conversion of Respondent’s multistate license to a single-state license, completion of an educational course of Nursing Jurisprudence, and, upon licensure, submission to body fluid testing at least twice a month until an Evaluation is reviewed by the Board for consideration of further Orders.
On January 11, 2021, Respondent was charged with a felony Actual Physical Control of Vehicle Under the Influence, and a misdemeanor Possession of Controlled Dangerous Substance (Marijuana). On April 12, 2021, the court dismissed the case without prejudice to refiling in a Federal or Trial Court of appropriate jurisdiction. On May 25, 2023, Respondent was charged with the felony Driving Under the Influence – Second or Subsequent, and a misdemeanor Possession of Controlled Dangerous Substance (Marijuana), to which Respondent again entered a plea of guilty.
On August 5, 2025, Board staff received Respondent’s Evaluation that met the Board’s Evaluation Criteria. On December 23, 2025, Board staff noticed Respondent for the Review of Evaluation Hearing on January 29, 2026, as required under the Stipulated Order. On December 23, 2025, Board staff issued an Order to Appear and Show Cause with a Notice of Hearing for the Respondent’s violation of the Stipulated Order as follows:
On August 11, 2025, the Respondent was selected for a random, Board ordered Body Fluid Test (“BFT”) which resulted as dilute. On August 18, 2025, the Respondent was selected for a Board ordered BFT which was required to be submitted within three (3) hours of the Respondent being notified of the selection pursuant to the Board’s Guidelines following a dilute BFT result. The Respondent was notified at 8:07 a.m. via the online monitoring system of the Board ordered BFT selection. The Respondent untimely submitted to the Board ordered BFT selection at 3:40 p.m. with a non-dilute, negative result. The Respondent failed to comply with the Board’s Guidelines.
After a Show Cause hearing and review of Respondent’s Evaluation on January 29, 2026, the Board finds that Respondent has failed to show cause why no further action should be taken by the Board. The Board found that Respondent continued to violate the Act and that Respondent’s conduct is grounds to deny, revoke, suspend, or discipline Respondent's license. The Board proposes to accept Respondent’s Evaluation and order Respondent to pay an administrative penalty of $500.00 within sixty (60) days of the Board’s order, and all additional conditions in the Board’s Supplemental Order.
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
