Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Cox, Case No. 3.2025120117.26
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 to practice in Oklahoma with a single-state registered nurse (“RN”) license, number R0131757. Respondent’s RN license is currently suspended.
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse “[v]iolated a rule promulgated by the Board, an order of the Board, or a state or federal law relating to the practice of registered, practical or advanced practice registered nursing or advanced unlicensed assisting, or a state or federal narcotics or controlled dangerous substance law.” 59 O.S.Supp.2023, §567.8 (B)(9).
On January 30, 2025, Respondent entered into a Stipulations, Settlement and Order (Stipulated Order) for the following violations: On September 26, 2003, Respondent was charged with a misdemeanor theft by shoplifting, to which Respondent entered a plea of guilty. Respondent received a 12-month deferred sentence, supervised probation, 40 hours of community service, was required to attend Shoplifter’s Alternative Program, and was ordered to pay fines, restitution, and a fee.
On April 21, 2009, Respondent was charged with two misdemeanors: Count 1: Driving Under the Influence of Alcohol; and Count 2: Driving with an Unlawful Alcohol Concentration (BrAC 0.204). Respondent pled guilty to Count 2 and was ordered to 24 hours of confinement, 11 months and 29 days of probation, ordered to become employed or enrolled in an educational or training program, perform 40 hours of community service, not consume alcohol and operate a motor vehicle, submit to testing to determine if DUI, undergo Clinical Evaluation and if directed, complete a Substance Abuse Treatment Program, and pay a fine, fees and VCA. A Nolle Prosequi was ordered by the Court for Count 1.
On March 6, 2023, Respondent was charged with a misdemeanor Driving a Motor Vehicle While Under the Influence of Alcohol, to which Respondent entered a plea of nolo contendere, and was ordered a 1-year deferred sentence (until August 30, 2024), supervised probation, 30 days inpatient rehab in lieu of jail time, and the payment of a fine, fees and court costs.
Terms of Respondent’s Stipulated Order include, 1) convert Respondent’s RN license from multistate to single-state and deactivate privilege to practice in the party states, 2) attend education course of Nursing Jurisprudence, 3) pay an administrative penalty of $500.00, 4) undergo an Evaluation, 5) submit to Body Fluid Testing at least 2x/mo until review of the Evaluation, and 5) a reprimand. Respondent’s agreed Stipulated Order states “…the Evaluation will be reviewed by the Board, for the purpose of further Orders regarding Respondent’s license(s) as may be deemed necessary and proper to include but not limited to: referral to the Board’s Peer Assistance Program, probation/supervised practice up to 2880 worked hours, extension of body fluid testing, counseling, and/or education course(s) and/or any further Orders.”
On March 10, 2025, the Respondent’s Evaluation was received in the Board’s office. On April 8, 2025, Respondent’s RN license was suspended for Respondent’s non-compliance with the Stipulated Order. Respondent failed to pay the admin penalty of $500.00 that was due on April 7, 2025, in violation of the Stipulated Order. On September 17, 2025, Respondent submitted to the Board a Reinstatement or Return to Active Status of Licensure (RN) multistate application (Application).
After a hearing on Respondent’s Board ordered Evaluation, Respondent’s Reinstatement Application, and Board staff’s request to amend the Stipulation Order on March 25, 2026, the Board proposes to, 1) accept Respondent’s Evaluation, 2) approve Board staff’s request to amend the Stipulated Order to accept the later report, 3) convert Respondent’s multi-state license to a single-state license, 4) refer Respondent to the Board’s Peer Assistance Program (“PAP”), 5) if Respondent fails to enter PAP or defaults/terminates from PAP, her RN license will be revoked for two (2) years. If Respondent’s RN license is revoked, she will be required to meet additional requirements listed in the Board’s 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
