The Tennessee Board of Nursing (or simply “the Board”) is responsible for licensing nurses throughout the state. Tennessee law also authorizes the Board to take disciplinary action against the licenses of nurses who engage in certain types of violations.
Are you a nurse working or living in the Nashville metropolitan area? Are you facing Board disciplinary action against your nursing license?
The outcome of your case can have significant implications for your future. Defend yourself by hiring lawyers qualified to handle a case like yours.
At the Lento Law Firm, attorneys with our Professional License Defense Team offer unique legal services. We specifically work with clients whose professional licenses are in jeopardy, ensuring we understand the nuances of a case like yours. Learn more about our Nashville metropolitan area nurse license defense services by submitting your information via our online contact form or by calling our offices at 888-535-3686 today.
Reasons the Tennessee Board of Nursing May Take Action Against a Nurse's License in the Nashville Metropolitan Area
Per the Rules of the Tennessee Board of Nursing, the Board has the authority to take disciplinary action against a nurse's license in the following circumstances:
- While obtaining or attempting to obtain a Tennessee nursing license, a prospective nurse has engaged in fraud or deceit.
- A nurse has been found guilty of any crime (or has entered a guilty plea, entered a plea of nolo contendere, etc.).
- Due to “negligence, habits, or other cause,” a nurse is determined to be unfit or incompetent.
- A nurse is addicted to alcohol or drugs in a manner or degree that interferes with their ability to practice nursing safely.
- A nurse can't treat the public safely because they are mentally incompetent.
- A nurse has engaged in any form of unprofessional conduct.
- A nurse has indirectly or directly violated (or attempted to violate) the Rules of the Tennessee Board of Nursing or a Board order. Similarly, the Board may take action if a nurse has conspired with others to engage in a violation or has assisted others in committing a violation.
You can see how the vague wording of the law offers broad discretion to the Board when determining whether to pursue disciplinary action against a nurse. For example, there may be disagreement regarding whether certain conduct qualifies as “unprofessional” or whether conduct is unprofessional enough to warrant disciplinary action. In some cases, a nurse might not even thoroughly understand the nature of the charges against them.
Helping you understand why the Board is considering disciplinary action is just one of many ways lawyers with our Professional License Defense Team at the Lento Law Firm can assist you now. If you need nurse license defense services in the Nashville metropolitan area, we have the experience necessary to handle your case. We serve nurses throughout the region, representing nurses from large cities like Nashville and Murfreesboro, as well as smaller suburbs and communities like Brentwood, Columbia, Ashland City, Fairview, Franklin, Smyrna, and more.
Forms of Disciplinary Action the Tennessee Board of Nursing Can Take
The law authorizes the Board to take these forms of disciplinary action against nurses who've violated its rules:
- Denial: If a prospective nurse is applying for a nursing license for the first time in Tennessee, the Board may refuse to issue them a license if it identifies a violation. The Board can also refuse to renew the license of a nurse currently working in the state.
- Suspension: The Board may suspend the license of a nurse who has violated the law or otherwise engaged in unprofessional conduct. A nurse typically can't practice in the state during a suspension.
- Revocation: The Board may revoke the license of a nurse entirely if they've engaged in significant misconduct or if they've engaged in multiple instances of misconduct.
The above are the forms of disciplinary action the law specifically mentions. However, the law also indicates the Board may “otherwise discipline” a nurse who commits violations. This means the Board isn't limited to the above options when considering disciplinary action.
Other forms of disciplinary action the Board might consider include:
- Reprimand: A reprimand is essentially a warning. It's true that this form of disciplinary action is less likely to immediately restrict or limit a nurse's ability to practice in the Nashville metropolitan area than other forms of disciplinary action may be. That said, the Board publishes information about disciplinary actions it has taken in periodic online listings that the public can access. Thus, a formal reprimand could harm a nurse's reputation. It may even limit their employment perspectives if potential employers uncover information about a prior reprimand.
- Imposing limitations or conditions: Sometimes, the Board will allow a nurse to continue practicing nursing, even when a violation has occurred. If the Board doesn't opt for a formal reprimand, it may allow a nurse to continue practicing while imposing certain conditions or restrictions on their license. For example, maybe a nurse has demonstrated minimal competence when performing certain nursing tasks. The Board may prohibit them from performing these tasks until they complete a training course or otherwise demonstrate they've achieved a satisfactory level of competence. Or, if the Board disciplines a nurse for a substance abuse issue, it might require said nurse to undergo treatment.
These types of cases aren't criminal cases. Because of this, a criminal defense lawyer isn't qualified to provide adequate representation.
That said, as with a criminal case, in which prosecutors and judges may consider plea bargains, the Board may consider mitigating factors when determining what type of disciplinary action to take against your license—if any.
Attorneys with our Professional License Defense Team at the Lento Law Firm can present these factors during negotiations with the Board. This is just one of many ways our legal professionals can assist you during what may otherwise be a stressful experience.
The Process of a Tennessee Board of Nursing Investigation
A Board investigation may begin when another party (such as a patient, coworker, or employer) files a complaint against a nurse. Or, a nurse may self-report an issue (such as a criminal conviction) that could give the Board reason to consider disciplinary action.
The Rules of the Tennessee Board of Nursing indicate the Board will alert a nurse when it's considering disciplinary action. Upon receiving such notification, a nurse should provide a written response within 30 days. Failure to do so will result in the Board scheduling a default hearing. If this happens, the law states a nurse is automatically determined to have:
- Admitted the charges against them are factually accurate
- Voluntarily decided to waive the opportunity to comply with the law
- Waived the opportunity to participate in a hearing
- Waived the opportunity to object to any disciplinary action the Board is considering
Responding promptly to the Board's notification is essential. You will have limited opportunity to influence the Board's decision if you don't respond by the deadline.
Contact our team as soon as you receive a notification of potential disciplinary action by the Board. Although responding promptly is critical, if you contact us in a timely manner, we can help you respond in a manner that doesn't harm your case.
We can also provide representation throughout all stages of the investigation and disciplinary process. For example, if you respond promptly and contest the charges against you, you may request a hearing. A hearing gives you the chance to present evidence, cross-examine witnesses, and generally tell your side of the story. Our representation will help you take full advantage of this opportunity while ensuring your rights are protected.
At the Lento Law Firm, members of our Professional License Defense Team understand that this process can be confusing and intimidating, particularly if this is the first time you've been in trouble with the Board. Whether you operate out of a major Nashville metropolitan area healthcare facility, like Vanderbilt University Medical Center or Ascension Saint Thomas Hospital, or your employer is a smaller clinic in a suburb like Lebanon or Portland, we have the experience and qualifications necessary to serve your needs right now.
How Nashville Metropolitan Area Nurse Licensing Issues Can Affect a Nurse Outside of Tennessee
Be aware that Tennessee is one of many states participating in the Nursys system. This information-sharing network allows nurse licensing boards from across the country to share information and nurse license files.
The system's purpose is, to an extent, to benefit nurses who wish to get licensed in other states. If a nurse licensed in one Nursys state moves to another, the process of getting licensed in their new state is much simpler than it would otherwise be. This system is particularly beneficial for nurses who wish to travel the country serving patients in multiple areas.
However, Nursys represents a potential roadblock in a nurse's career if they've been subject to disciplinary action. If the Board disciplines you in the Nashville metropolitan area and you move to another Nursys state, potential employers in that state will have access to information about your past disciplinary actions.
This could give an employer second thoughts about hiring you. Depending on the nature of the violation, the nursing board in a new state may even refuse to issue you a license.
Realities like these further emphasize the importance of enlisting proper legal assistance when you're facing disciplinary action against your nursing license in the Nashville metropolitan area. At the Lento Law Firm, our Professional License Defense Team is available to defend the career you've worked so hard to establish.
Mistakes to Avoid Making When Facing Nursing License Issues in the Nashville Metropolitan Area
Hiring a lawyer isn't the only step you can take to defend yourself, your professional license, and your rights when the Board is considering disciplinary action. Avoiding critical mistakes during an investigation is also important.
Specific mistakes to avoid making include:
- Ignoring the matter: A nurse might ignore a notification from the Board because they believe the issue isn't serious. They might assume the Board is unlikely to actually take disciplinary action, or they might determine any form of action the Board does take will have minimal impact on their license. In some cases, nurses unfamiliar with how Nursys functions may believe they don't have to worry about disciplinary action because they're moving to a new state soon. Don't make these errors. If you learn the Board is investigating you, get in touch with our attorneys immediately.
- Participating in interviews and hearings without representation: There may not be anything inherently wrong with participating in interviews and hearings during a Board investigation. These opportunities provide a chance to share your side of the story. That said, it's vital to have representation during these meetings. A lawyer can ensure you don't make any statements that the Board ends up using against you.
- Discussing your case or posting about it on social media: It can be tempting to vent about an investigation to friends and family. However, you must remember that Board investigators can gather information from a variety of sources. Anything you say to friends and family could theoretically make its way back to the Board. Depending on the nature of your statements, this information could influence the Board's final decision. Similarly, the Board may refer to your social media for information. Protect yourself by staying off social media during an investigation and only discussing your case with your attorneys (and anyone else they say you can discuss the case with).
These are just examples. At the Lento Law Firm, attorneys with our Professional License Defense Team will gladly help you avoid the kinds of errors that can otherwise harm your case.
Contact the Lento Law Firm for Nashville Metropolitan Area Nurse License Defense Services
Facing disciplinary action against your nursing license is a stressful experience. You've spent years pursuing this career. You don't want to worry that an alleged violation will result in a major setback.
Unburden yourself now by hiring professionals who specifically represent clients like yourself. That's exactly what you'll find at our Lento Law Firm Professional License Defense Team. Get started today by calling our offices at 888-535-3686 or by submitting your information online.
