Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Wemhaner, Case No. 3.2025100226.26
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. Megan Elise Wemhaner (“Respondent”) is currently licensed with a single-state registered nurse (“RN”) license number R0124712.
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse “guilty of a felony, or any offense substantially related to the qualifications, functions or duties of any licensee,” “[i]s guilty of unprofessional conduct as defined in the rules of the Board;” [1] or “[v]iolated a rule promulgated by the Board.” 59 O.S.Supp.2023, § 567.8(B)(2), (7), (9).
On September 26, 2025, Respondent was charged with a misdemeanor, Speeding on a County Road. On November 5, 2025, Respondent entered a plea of no contest, and the Court ordered 180 days of deferred sentence probation and the payment of a fine and Court costs. On October 9, 2025, Respondent was charged with additional misdemeanors: Unlawful Possession of Drug Paraphernalia and Public Intoxication. On January 22, 2026, Respondent entered a plea of guilty to both Counts, and the Court ordered 12 months deferred sentence, probation, and the payment of a fine and Court Costs.
On March 20 and April 6, 2026, Respondent failed to cooperate with a lawful investigation by Board staff when Respondent failed to participate in an investigative conference with Board staff. Respondent failed to change her mailing address of record with the Board, as evidenced by the correspondence mailed to the Respondent’s mailing address of record with the Board that was returned to the Board office by the United States Postal Service marked “Moved Left No Address”/“Unable to Forward”/“Return to Sender”. In addition, on April 29, May 1, and May 4, 2026, a Board Nurse Investigator telephoned Respondent and sent electronic email correspondence to the Respondent. Respondent has never returned the calls and never replied to the electronic messages.
By reason of the seriousness of the allegations and the inability to notify the Respondent of the hearing, the Board finds that public health, safety, and welfare imperatively require emergency action to summarily suspend the single-state license to practice registered nursing pending a hearing on the merits of the Complaint and a determination of whether or not Respondent’s license should be disciplined.
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 means “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) and (V).
