As a nurse in Tennessee, you've dedicated your life to providing compassionate care while upholding the highest professional and ethical standards. But when an unexpected arrest occurs, there's more at stake for you than the immediacy of criminal charges--it could also affect your career and your livelihood. The Tennessee State Board of Nursing holds nurses to strict standards of professional excellence and ethics, and state law empowers the Board to potentially disqualify you from holding a nursing license if you're convicted of any crime. And even if you're not ultimately convicted, an arrest alone could trigger an investigation into your license, one that could ultimately put your license at risk.
The Tennessee State Board of Nursing takes seriously its responsibility to safeguard public health. This means that any behavior that calls your professional judgment or ethics into question (whether on or off the clock) could result in disciplinary action, which may include fines, reprimands, probation, and in some cases even suspension or revocation of your license. While disciplinary action is more likely to occur following a conviction, the Board is actually looking at the underlying behavior that triggered the arrest. If it has sufficient reason to believe you have violated the standards of conduct contained in the state's statutes and rules for nurses, the Board can discipline you--and in some cases, simply being arrested on suspicion of an offense can point to such a violation. Unfortunately, no matter how good your criminal defense attorney is at handling your arrest, he or she may not have the legal knowledge necessary to defend your license once the charges have been resolved.
This is where the Lento Law Firm can help. Our Professional License Defense Team has the experience and commitment to guide Tennessee nurses through these challenging times. We've helped nurses across the country protect their licenses against the fallout of arrests, criminal charges, and other disciplinary actions. With a deep understanding of nursing board investigations and disciplinary processes, our team works tirelessly to develop a defense strategy tailored to your unique circumstances. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
Tennessee Laws and Rules Regarding Arrests and Convictions of Nurses
Beyond criminal court proceedings, the Tennessee Board of Nursing holds significant power to oversee licensed nurses and implement disciplinary actions when necessary to protect public health and safety. The standards of conduct, as well as the guidelines for discipline of nurses, are contained in specific statutes related to nursing (Title 63 of the Tennessee Code) and the Rules of the Tennessee Board of Nursing. While an arrest on its own doesn't typically result in immediate consequences for your nursing license, it can still draw the attention of the Board. If the circumstances of the arrest suggest a potential violation of its professional or ethical standards, the Board may choose to investigate further, regardless of whether the arrest leads to formal charges or a conviction. Let's talk about some specifics you need to know.
A Criminal Conviction Can Cost You Your License
When it comes to nurse license discipline, Tennessee laws are clearer regarding criminal convictions than they are regarding arrests. Under T.C.A. 63-7-115, the Board is empowered to "deny, suspend, or revoke" the license of any nurse who has been proven to have committed a crime. (A conviction qualifies as proof.) That means that if you're convicted of a crime in court--no matter if it's a misdemeanor or a felony, or whether it pertains in any way to the practice of nursing--the Board has the right to revoke your nursing license if it deems it necessary to do so. That doesn't automatically mean you will lose your license if you're convicted of a crime, but it does put the burden on you to provide alternative explanations and evidence to prove to the Board that you're still worthy of licensure.
What About Arrests?
With regard to nurses being arrested and/or charged with a crime, the laws are less clear about the Board's authority to impose discipline. In other words, nothing in the rules states that the Board can discipline you simply for having been arrested. However, it does have broad authority to investigate possible violations of its rules--most particularly, the behaviors that fall under the category of unprofessional conduct. If you are arrested on suspicion of a behavior that meets this criteria, and the Board becomes aware of the arrest, this could be sufficient to trigger an investigation.
Some examples of unprofessional conduct offenses that could lead to a nurse being arrested:
- Causing harm to a patient: Intentionally or negligently causing physical or emotional injury to a patient (e.g., assault).
- Unauthorized use or theft of narcotics or medical supplies: Taking drugs, narcotics, or equipment without authorization from a healthcare facility or workplace.
- Substance abuse while on duty: Using or being under the influence of alcohol or illegal drugs while on call or at work, impairing judgment and patient safety.
- Engaging in acts of fraud/dishonesty: Committing fraud or theft related to the practice of nursing, such as misappropriating funds or property, or submitting fraudulent insurance claims.
- Sexual misconduct: Engaging in inappropriate physical contact with a patient, especially without consent (e.g., sexual assault).
Even if an arrest doesn't immediately threaten your license, it can still lead to scrutiny if the Board feels your conduct was unprofessional. Such an investigation could result in significant consequences, including probation, suspension, or, in severe cases, revocation of your nursing license.
Can a Prior Arrest or Conviction Affect My Ability to Obtain a Nursing License in Tennessee?
When applying for a nursing license in Tennessee or reinstating a lapsed license, you'll be required to complete a fingerprinting process and undergo a criminal background check. These steps are designed to identify any past criminal convictions or activity that might raise concerns about your ability to meet the profession's standards. It's worth noting that while most convictions will appear during this screening, arrests that did not lead to a conviction are typically not included. This can offer some peace of mind if your record includes arrests without a conviction.
If you have prior convictions, you'll have the chance on your application to explain the circumstances surrounding your case. You can submit additional materials to provide context, including court records, evidence that challenges the conviction, or details of any mitigating factors. Actions you've taken to address the issue, such as completing treatment programs, performing volunteer work, or obtaining character references, can also demonstrate your commitment to ethical behavior and personal growth.
Do I Need to Self-Report an Arrest to the Board of Nursing If There's No Conviction?
Generally, you are not required to report an arrest to the Tennessee Board of Nursing if it did not result in a conviction. According to the Board's guidelines, arrests that end in dismissed charges, deferred outcomes, or participation in diversion programs do not need to be disclosed on your application. Similarly, if you're already a licensed nurse, an arrest that didn't result in charges or a conviction does not typically need to be self-reported.
However, there are instances where voluntarily reporting an arrest can be beneficial. For instance, if you think someone might file a complaint tied to the circumstances of your arrest, being upfront with the Board could work in your favor. Proactively sharing your side of the story shows transparency and can help prevent misunderstandings. By taking this step, you demonstrate accountability, which can enhance your credibility. Since every situation is unique, it's wise to consult an experienced attorney to determine the best course of action for your specific case.
Does Tennessee Have an Alternative-to-Discipline Program for Nurses?
Yes, it does. The Tennessee Professional Assistance Program is a confidential and voluntary program aimed at providing help for nurses who are dealing with challenges such as substance dependency, mental health struggles, or physiological conditions that could affect their ability to practice. This program offers a structured approach to help participants address these issues while prioritizing public safety and fostering career rehabilitation.
If your recent arrest stemmed from an underlying issue such as addiction or a mental health-related issue, voluntarily participating in the TPAP will avert any disciplinary action that the Board might otherwise recommend.
Possible Disciplinary Actions for Nurses in Tennessee
Should an arrest or criminal conviction lead the Board of Nursing to open an investigation or schedule a hearing, it doesn't automatically mean your license will be revoked. Every case is evaluated on its own merits, considering factors such as the seriousness of the offense, whether there is a pattern of past incidents, and your conduct throughout the process. Based on these evaluations, the Board may impose one of several potential disciplinary measures, including:
- A letter of reprimand.
- Payment of fines or other penalties.
- Probation with specific practice restrictions.
- Temporary suspension of your nursing license.
- Permanent revocation of your license in more extreme situations.
If the Board determines that some form of disciplinary action is necessary, you may still have the chance to negotiate for less severe penalties through what is called an "agreed citation" (Tennessee's version of a consent order). Alternatively, you could defend yourself against the allegations during a formal hearing. However, even minor penalties can become part of the public record, which can impact your professional reputation and make it harder to find job opportunities or obtain future licensure.
To minimize any damage to your career and address the issue strategically, it's crucial to handle both the criminal and professional aspects with a well-prepared approach. Seeking guidance from a knowledgeable legal team can make all the difference in protecting your career and reputation during this challenging time.
Why Having a Defense Attorney Alone Is Not Enough
Facing an arrest as a nurse in Tennessee can be incredibly daunting, as it often means dealing with two separate legal systems simultaneously. While criminal defense attorneys have experience navigating the criminal court system, they often lack the legal knowledge or experience required to defend professional licenses in administrative proceedings before the Tennessee Board of Nursing. Without proper representation in both areas, you could risk far more than a court conviction—your entire nursing career could be in jeopardy, even if you receive a minimal sentence or are able to get the charges dismissed.
The Tennessee Board of Nursing follows its own procedures, which differ greatly from those in criminal court. Unlike the "beyond a reasonable doubt" standard used in criminal trials, the Board bases its decisions on the "preponderance of the evidence." This threshold is significantly lower, increasing the chances of disciplinary action against you even without a criminal conviction. And when a conviction does occur, the likelihood of sanctions against your license significantly rises. To safeguard both your license and your career, it's essential to secure proper legal representation from attorneys who understand the distinct requirements of these parallel processes. This often means working with both a skilled criminal defense attorney to handle your arrest and criminal charges, and an experienced professional license defense attorney to assist with any licensing issues.
The Lento Law Firm's Professional License Defense Team has extensive nationwide experience successfully helping nurses who are navigating licensure challenges tied to arrests. Here's how we can support you:
- Provide guidance on your self-reporting obligations to ensure compliance with Tennessee laws.
- Represent you in all correspondence and proceedings with the Tennessee Board of Nursing.
- Review and analyze the allegations connected to your license to determine potential implications.
- Advocate for dismissal of your case or for reduced sanctions during negotiations with the Board.
- Defend you aggressively during formal administrative hearings, if your case requires it.
If you're a Tennessee nurse dealing with the aftermath of an arrest, you don't have to handle it alone. The Lento Law Firm is ready to help you safeguard your professional license and career. Take action now to save your career. Reach out to us today at 888-535-3686 or use our online contact form to schedule a consultation.
