BEFORE THE OKLAHOMA BOARD OF NURSING

IN THE MATTER OF CANDICE RENEE' LEWIS RUSH, R.N .
LICENSE NO. R0073797
STIPULATION, SETTLEMENT AND ORDER
This matter comes on before the Informal Disposition Panel ("Panel") of the
Oklahoma Board ofNursing ("Board") on the 13th day of September, 2011, in the Conference Room
of the Board Office, 2901 North Classen Boulevard, Suite 105, Oklahoma City, Oklahoma.
Jan Sinclair, R.N., a Nurse Investigator with the Board , appears in person, and
Candice Renee' Lewis Rush , R.N., (hereinafter, "Respondent") appears neither in person nor by
counsel before the Panel on this date. Respondent and the Nurse Investigator participated in an
investigative conference on August 8, 2011, and subsequently consented to this Order.
STIPULATION
Respondent and the Panel hereby stipulate and agree to the followingjoint stipulation
and proposed Order of the Board incorporating this stipulation and agreement in the above-styled
matter.
1.

Respondent is licensed to practice registered nursing in the State of Oklahoma,

and is the holder of License No. R0073797 issued by the Oklahoma Board of Nursing.
2.

On or about July 15,2011 , the Respondent , while employed with SouthCrest

Hospital in Tulsa , Oklahoma, and working the 7:00 p.m. to 7:00 a.m. shift, in the Intensive Care Unit
("ICU") was found unresponsive in a bathroom on the unit. Respondent had a butterfly needle
inserted in her right wrist and a syringe with white substance inserted in her vein. Respondent
admitted to the Director of Intensive Care Services that she had injected herself with Diprivan. The
Respondent was terminated from the facility.
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 3.

Respondent admits to having a problem with controlled dangerous

substances/alcohol.
4.

Respondent has requested a referral to the Peer Assistance Program.

5.

No formal complaint has been filed as ofthe date of this stipulation charging

Respondent with a violation of the Oklahoma Nursing Practice Act. Respondent understands that
Respondent has a right to require that a formal complaint be filed and the right to a formal hearing
before the Board at which time Respondent could confront the witnesses against Respondent, cross­
examine those witnesses, and present evidence in Respondent's own behalf.

Respondent

understands that by signing and agreeing to this stipulation Respondent is waiving those rights.
6.

This stipulation is executed by the Respondent for the purpose of avoiding

further administrative action with respect to this cause. In this regard, Respondent authorizes the
Board to review and examine all investigative file materials concerning Respondent prior to or in
conjunction with consideration ofthis stipulation. Furthermore, should this joint stipulation not be
accepted by the Board, it is agreed that presentation to and consideration ofthis stipulation and other
documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its
members from further participation, consideration or resolution of these proceedings.
7.

Respondent fully understands and agrees that this joint stipulation and

subsequent Final Order incorporating same will in no way preclude additional proceedings by the
Board against Respondent for acts or omissions not specifically made a part of this stipulation.
8.

Respondent expressly waives all further procedural steps, and expressly

waives all rights to seek judicial review of or to otherwise challenge or contest the validity of this

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 joint stipulation of facts, conclusions oflaw and imposition of discipline, and the Final Order of the
Board incorporating said stipulation.
9.

It is expressly understood that this stipulation is subject to approval of the

Board and has no force and effect until approved and Ordered by the Board.
10.

This Stipulation, Settlement, and Order does constitute formal disciplinary

action.
STIPULATED DISPOSITION AND ORDER
IT IS THEREFORE ORDERED by the Oklahoma Board ofNursing that Respondent
is referred to the Peer Assistance Program ofthe Oklahoma Board ofNursing on the followingterms
and conditions:
1.

Respondent's license to practice registered nursing is hereby temporarily

suspended as of the date of this Order, which temporary suspension shall be set aside provided
Respondent provides documentation, satisfactory to the Board, of Respondent's acceptance into the
Peer Assistance Program by November 4,2011 .
2.

If Respondent is not accepted into the Peer Assistance Program on or before

November 4,2011, or having been accepted is terminated from the Program for any reason other
than successful completion of Respondent's contract and treatment plan, Respondent's license is
hereby revoked for a period of two (2) years.
3.

In the event Respondent's license is revoked as provided herein, any

application to reinstate Respondent's license shall not be considered by the Board until Respondent
presents evidence satisfactory to the Board of compliance with the Board's Guidelines For
Individuals Requesting Reinstatement After Suspension, Surrender Or Revocation For
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 Misappropriation Or Misuse OfDrugs/Alcohol, a copy of which is attached hereto and made a part
hereof. Respondent must also submit evidence of the continued qualifications for practice as set
forth in the applicable Statutes and Rules ofthe Oklahoma Board ofNursing in effect at the time of
Respondent 's reinstatement.
4.

In the event Respondent's license is revoked as provided herein, Respondent

shall pay an administrative penalty payable to the Oklahoma Board ofNursing in the amount ofFive
Hundred Dollars ($500.00). The administrative penalty shall be paid only by certified check, money
order or cash. Any Application to Reinstate Respondent's license will not be considered until the
administrative penalty is paid in full.
5.

Upon Reinstatement, Respondent's license will be immediately placed in

temporary suspension pending readmission to the Peer Assistance Program. Respondent shall
provide documentation, satisfactory to the Board, of Respondent's acceptance into the Peer
Assistance Program within sixty (60) days of reinstatement.
6.

The parties agree that both (all) parties have participated in the drafting ofthis

Stipulation, Settlement and Order and that no presumption or construction against any party as the
drafter of this Stipulation, Settlement and Order, shall apply or be applied in the event of a claim
of ambiguity of the document or a provision thereof.
7.

This stipulation shall not be effective until the fully executed Order is received

in the Board office.
8.

Upon successful completion by Respondent of Respondent's Contract,

Amended Contract(s), and treatment plan with the Peer Assistance Program, no further Order ofthe
Board shall be deemed necessary.

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 9.

This Order constitutes disciplinary action by the Board and may be used in

any subsequent hearings by the Board. In the event other misconduct is reported to the Board , this
Order may be used as evidence against Respondent to establish a pattern of behavior and for the
purpose of proving additional acts of misconduct.

Respondent


Approved and ordered this 27th day of September, 2011.


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