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
Can You Refuse a DUI Breath or Blood Test in Tennessee?
In Tennessee, many drivers wonder whether they can still refuse a breath or blood test when an officer suspects impairment. The short answer is that you generally retain the right to refuse, but doing so can trigger serious legal and administrative consequences under the state’s implied‑consent system. Understanding how that system works can help drivers recognize the trade‑offs before deciding how to respond during a DUI stop.
Read Post
Are THCA Products Illegal in Tennessee Now?
If you live in or around Wilson County and have seen THCA products in gas station coolers, vape shops, or online stores, you may be wondering whether those items are still legal under Tennessee law. The answer is shifting quickly: THCA products are no longer in the same “gray area” they occupied a few years ago, and the state’s new hemp‑cannabinoid laws are designed to treat high‑THCA products more like marijuana than like standard hemp.
Read Post
What Happens If a Parent Violates a Parenting Plan in Tennessee?
In Tennessee, a parenting plan is a court‑approved schedule that sets out custody, visitation, and decision‑making responsibilities for both parents after separation or divorce. When one parent repeatedly ignores or undermines that plan, it can create confusion, conflict, and stress for the children and the other parent. Understanding what typically happens when a parenting plan is violated can help families see both the practical and legal consequences and decide how to respond.
Read Post