Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Elliott, Case No. 3.2025050122.26
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. Roice Ann Elliott (“Respondent”) is currently licensed with a single-state licensed practical nurse (“LPN”) license number L0043367, which is currently lapsed.
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse is guilty of deceit or material misrepresentation in obtaining “a license to
practice . . . licensed practical nursing;” “is guilty of a felony, or any offense substantially related to the qualifications, functions or duties of any licencee, . . . or any offense an essential element of which is fraud, dishonesty, or an act of violence,”[1] or “[i]s guilty of unprofessional conduct as defined in the rules of the Board[.]”[2] 59 O.S.Supp.2023, § 567.8(B)(1)(a), (B)(2), and (B)(7).
Between April of 2009 and January of 2023, Respondent was charged with and convicted of multiplemisdemeanor and felony offenses in both Oklahoma and Kansas involving check fraud, identity theft, and forgery, in addition to other charges. On May 6, 2025, the Respondent submitted to the Board a complete Reinstatement or Return to Active Status of Licensure (LPN) Application to practice single-state licensed practical nursing (2025 Application). Respondent falsified the Application when checking “No. None of the above apply” to the following questions: “Have you been charged and/or convicted in any criminal offense not previously reported in writing to the Oklahoma Board of Nursing, including those pending appeal?” Respondent should have checked that she had “been convicted of a misdemeanor,” “been convicted of a felony,” “pled nolo contender, no contest, or guilty,” “received deferred adjudication, to include but not limited to deferred prosecution agreement,” “been placed on community supervision or court-ordered probation, whether or not adjudicated guilt,” and “been sentenced to serve jail or prison time? court-ordered confinement.”
The Board proposes to lift the lapsed status of the LPN license and issue an emergency order to temporarily suspend Respondent’s LPN license pending a hearing on the merits of the Complaint. 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] “’Substantially related’ means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation[.]” 59 O.S.Supp.2023, § 567.8(B)(2).
[2] Unprofessional conduct includes “falsifying documents submitted to the Board” or “conduct detrimental to the public interest[.]” OAC 485:10-11-1(b)(3)(E) and (H).
