Does a Nurse Have Due Process Rights
September 15, 2023
Home » Insights »

Does a Nurse Have Due Process Rights?

Yes, the Tennessee Board of Nursing may not revoke or suspend a nurse’s license until the Board has provided due process to the impacted nurse. A licensed nurse has the right to continue practicing in her or his chosen profession without unreasonable interference by the government. As the Tennessee Court of Appeals explained in Miller v. Tenn. Bd. of Nursing (2007), “the right to engage in one’s chosen profession or occupation without unreasonable governmental interference or deprivation is both a property and a liberty interest protected by the Due Process Clause of the Fourteenth Amendment and Article, Section 8 of the Tennessee Constitution.”

Procedural due process means that before a governmental body --- such as the Tennessee Board of Nursing – impacts a person’s liberty interest (such as their governmentally issued license to practice a profession) that governmental body must comply or clear certain procedural hurdles.

This means that the Board of Nursing must give the nurse appropriate notice of the charges and an opportunity to be heard before a neutral, unbiased proceeding. In plain English, the essence of procedural due process is notice and a hearing. The notice must include the alleged offending conduct and the penalties that the Board is seeking. The hearing must be meaningful and not a sham.

Nashville TN Healthcare Attorneys

Learn more about healthcare laws or discuss your specific case by contacting our office.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
Recent Articles |  View All
Navigating Drug Charges in Tennessee
The prospect of facing drug charges in Tennessee can be a harrowing experience, fraught with uncertainty and the potential for life-altering consequences. At Hagar and Phillips, Attorneys at Law, we understand the gravity of these situations and are dedicated to offering guidance and support. In this blog post, we aim to demystify the complexities surrounding drug charges in Tennessee, providing valuable insights to those navigating these challenging waters.
Read Post
Probate and Elder Law in Tennessee
In the journey of life, planning for the future or dealing with the loss of a loved one presents a complex set of challenges that require careful navigation. In this blog post, we delve into the essentials of probate and elder law in Tennessee, aiming to shed light on these critical aspects that significantly impact families across the state.
Read Post
Repeat DUI Offenses in Tennessee: Escalating Penalties and What You Need to Know
Driving under the influence (DUI) in Tennessee is a serious offense, particularly for those facing subsequent charges. The state's stringent laws aim to deter repeat offenses through escalating penalties, which can have profound implications on an individual's freedom, finances, and future. In this blog post, we delve into the consequences of repeat DUI offenses in Tennessee and emphasize the importance of understanding these laws.
Read Post