STATE EX REL. PROTECTIVE HEALTH SERVICES v. VAUGHN

No. 104,704.

222 P.3d 1058 (2009)

2009 OK 61

STATE of Oklahoma ex rel., PROTECTIVE HEALTH SERVICES STATE DEPARTMENT OF HEALTH, Complainant, v. Bernadine VAUGHN, Nurse Aide, Certification No. 372381800990E, Respondent.

Supreme Court of Oklahoma.

As Corrected on Rehearing November 16, 2009.


Attorney(s) appearing for the Case

Mark Hammons, Tamara Gowens, Hammons, Gowens & Associates, P.C., Oklahoma City, OK, for appellant.

Tom L. Cross, Deputy General Counsel, Oklahoma State Department of Health, Oklahoma City, OK, for appellee.


TAYLOR, V.C.J.

¶ 1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42, sections 1396r(e)(2) and 1396r(g)(1)(C) of the...

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