Jenny Barnhouse, Executive Director
Oklahoma Board of Nursing
P.O. Box 52926
Oklahoma City, Oklahoma 73152
Re: Pocza, Case No. 3.2024080117.26
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 currently licensed with a single-state registered nurse (“RN”) license number R0108500.
The Oklahoma Nursing Practice Act (“Act”) authorizes the Board to impose discipline when a nurse “[f]ails to adequately care for patients or to conform to the minimum standards of acceptable nursing . . . practice that, in the opinion of the Board unnecessarily exposes a patient or other person to risk of harm;” “[i]s intemperate in the use of alcohol or drugs, which use the Board determines endangers or could endanger patients;” or “[i]s guilty of unprofessional conduct as defined in the rules of the Board;”[1] or “[i]s guilty of any act that jeopardizes a patient’s life, health or safety[.]” 59 O.S.Supp.2023, § 567.8(B)(3), (B)(4), (B)(7) and (B)(7).
On July 25-26, 2024, after arriving late for her contracted assignment, Respondent reported to work and displayed impaired behavior while on duty, including having an odor associated with ingestion of an intoxicating beverage on her breath, becoming belligerent, yelling and cursing at staff. On February 23, 2026, and March 9, 2026, Respondent failed to cooperate with a lawful investigation by Board staff when Respondent failed to participate in a telephonic investigative conference with Board staff. The correspondence requesting the telephonic conferences were mailed on February 2 and 23, 2026 to Respondent’s mailing address of record with the Board. The correspondence requesting the telephonic conference was returned to the Board office by the United States Postal Service marked “Return to Sender”/“Unclaimed”/“Unable to Forward”. On April 16, 2026, the Complaint and Notice of Hearing were mailed to the Respondent’s mailing address of record with the Board. On April 29, 2026, Board staff mailed an Amended Notice of Hearing and the Complaint. The correspondence sent to Respondent has not been returned to the Board office, nor has proof of service been provided to the Board by the United States Postal Service. On May 4 and 5, 2026, Sara Chambers, R.N., Nurse Investigator, telephoned Respondent at her telephone number of record and sent electronic mail correspondence to the Respondent’s electronic mail address of record. Respondent has not replied to the electronic messages. On May 6, 2026, Board staff again called the Respondent’s telephone number of record, and someone in the Respondent’s household answered, and Board staff subsequently spoke with Respondent. Respondent stated to Board staff, “I do not want to speak with you” and “I never want to be a nurse again.”
After a hearing on May 21, 2026, the Board proposes an Emergency Order of Temporary Suspension of Respondent’s RN 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] Unprofessional conduct means “conduct detrimental to the public interest;” or “failure to cooperate with a lawful investigation by Board of Nursing staff.” OAC 485:10-11-1(b)(3)(H), (V).
