The Typical Process for Nurse Disciplinary Actions in Tennessee

As a licensed nurse in Tennessee, whether you are an LPN, RN, or APRN, you are entitled to due process before disciplinary action may be taken against your license. Due process requires that the Tennessee Department of Health and Board of Nursing (“Board”) take certain procedural steps, which include giving you notice and the opportunity to be heard before disciplining your license. This article will broadly outline the typical process for nurse disciplinary actions in Tennessee.

The first step of the disciplinary process is an investigation by the Department of Health. An investigation typically begins when someone makes a complaint about you to the Department of Health. The complainant is usually a patient, a coworker, or your employer. Self-reporting a violation of the Nurse Practice Act or reporting a criminal conviction can also trigger an investigation by the Department of Health. You will know you are the subject of an investigation when a Department of Health investigator contacts you by phone, email, or mail asking to speak with you about a potential Nurse Practice Act violation. Failure to respond to the interview request, can result in additional discipline for failing to cooperate with an investigation. Therefore, it is important to respond to the investigator in a timely manner. A professional license defense lawyer can help guide you through the investigation process and potentially stop the disciplinary process before it even begins.

Following your interview with the Department of Health investigator, the investigator will complete their report and send it to a Board of Nursing consultant and a Department of Health attorney. The Board consultants and Department of Health attorneys meet on average every two weeks. They will review the investigator’s report and determine if the evidence is sufficient to prove that you violated the Nurse Practice Act. If they do not believe there is sufficient evidence, you (or your attorney if you are represented), will receive a letter notifying you that no action is being taken against your license and the investigation is closed.

If the Board consultant and Department of Health attorney believe there is sufficient evidence to support a violation of the Nurse Practice Act, you will receive a 320(c) letter and consent order. These documents are required by T.C.A. § 4-5-320(c). The 320(c) letter states what the Board believes you did wrong, and the consent order contains a set of stipulated facts and what discipline the Board is seeking. Your attorney will have the opportunity to revise the consent order and attempt to negotiate the discipline you receive. If you believe you are innocent or unable or unwilling to reach an agreement, the Department of Health will file a Notice of Charges and serve you (or your attorney) with the charges. The Notice of Charges will contain similar language to the 320(c) letter and consent order, but also contain a date your case is set to be heard before the Board. This hearing is conducted under the Uniform Administrative Procedures Act. At this hearing you will have the opportunity to present evidence and testify before the Board. At the conclusion of the hearing, a decision will be made as to whether you violated the Nurse Practice Act and if discipline should be taken against your license.

There are numerous other facets to the nurse disciplinary process that are not listed. Furthermore, the facts of your case can change the method and speed with which your case is conducted. An attorney experienced in professional license defense can guide you through the nuances of your individual case and be a vital asset to receive the outcome most favorable to you.

Submitted for publication by David Brust, Attorney at Law for Hagar & Phillips.