As a nurse serving the Memphis metropolitan area, you have the opportunity to play a role in the health of large portions of the public. Depending on where exactly you work in the region, you also know that one of the following licensing agencies has the authority to take disciplinary action against your nursing license if you violate a relevant law or rule: the Tennessee Board of Nursing, the Mississippi Board of Nursing, or the Arkansas State Board of Nursing.
(Note: This guide will simply use “the Board” going forward to refer to whichever Board licenses nurses in your state.)
Facing Board disciplinary action can be intimidating. At the Lento Law Firm, our Professional License Defense Team will help by ensuring the Board and all other relevant parties don't violate your rights throughout the investigation and disciplinary processes.
We'll also provide a defense tailored to protecting your hard-earned nursing career now. Learn more about our nursing license defense services for the Memphis metropolitan area by submitting your information via our online contact form today or by calling our offices at 888-535-3686.
Why a Nurse in the Memphis Metropolitan Area May Need Nurse License Defense Services
A nurse practice act (NPA) is a law granting the Board within a given state its authority. The NPA in your state will determine the types of misconduct that might trigger Board disciplinary action.
Per the Tennessee NPA, common reasons the Board may take action against a nurse's license include:
- Fraudulently obtaining or attempting to obtain a nursing license
- Being unfit to practice nursing due to incompetence or similar reasons
- Being convicted of any crime
- Being addicted to alcohol or drugs in a manner that prevents one from practicing nursing safely
- Mental incompetence that affects nursing ability
- Unprofessional conduct of any kind
- Violating a provision of the relevant law or a lawful Board order or attempting to help someone else commit such a violation
The NPA isn't the same in every state. For example, the Mississippi NPA includes the following additional reasons to discipline a nurse's license
- Falsifying entries in records
- Being subject to disciplinary action in another jurisdiction
- Engaging in conduct that is likely to defraud the public
Those are just examples. They don't cover every single potential infraction or violation that may result in disciplinary action. It's also important to be aware that sometimes the terms of two NPAs may be similar but not exactly the same.
For instance, the Tennessee NPA states the Board can take disciplinary action when a nurse has been convicted of any crime. The Mississippi NPA specifies the Board can take disciplinary action if a nurse has been convicted of a felony, a “crime of moral turpitude,” or any other crime under Mississippi law that reasonably relates to the practice of nursing. That means it's technically possible to be convicted of a crime in Mississippi without the Board having the authority to take action. That's not necessarily the case in Tennessee.
The grounds for disciplinary action the Arkansas NPA provides are fairly similar to those of the other two NPAs. The law in Arkansas doesn't necessarily contain any items or provisions that are significantly different from those of the other two states in the Memphis metropolitan area.
However, even in this case, the phrasing of the law allows for minor differences that could theoretically have a substantial bearing on a discipline case. For example, the Arkansas NPA states the Board may take disciplinary action if a nurse is convicted of a crime of “gross immorality.” Because there can be nuances regarding what constitutes “moral turpitude” in one state and what constitutes “gross immorality” in another, it's not always clear whether the nature of a crime would result in discipline against a license.
Such nuances highlight the value of coordinating with legal professionals who have experience handling cases like yours. At the Lento Law Firm, attorneys with our Professional License Defense Team are thoroughly familiar with the relevant laws that apply to nurses throughout the Memphis metropolitan area.
Maybe you operate out of a major health care facility, like St. Francis Hospital-Memphis or St. Francis Hospital-Bartlett, or you work out of a smaller clinic in one of the region's suburbs, like Marion, West Memphis, Covington, Holly Springs, or any other community in the region. No matter where you are in the Memphis metropolitan area, we're available to help when you've been accused of violating the NPA in your state.
Common Types of Disciplinary Action a Nurse May Face in the Memphis Metropolitan Area
The NPAs in each state in the Memphis metropolitan area grant every Board in the region the authority to take the following forms of disciplinary action against a nurse's license when misconduct occurs:
- Denial: The Board may refuse to issue a license to an applicant. Or it can refuse to renew the license of a nurse who has already been practicing in the state.
- Suspension: Suspending a nurse's license prohibits them from practicing nursing in the state until the suspension period ends. In some instances, a Board may require a nurse to fulfill certain conditions before it will lift a suspension. For example, maybe the Board has disciplined a nurse because they lack the competence necessary to perform certain nursing tasks. The Board might lift a suspension after a nurse has completed a training program or other relevant program to address the competence issue.
- Revocation: A Board may permanently revoke a nurse's license in cases involving multiple instances of misconduct or extreme misconduct. Depending on the circumstances, it's sometimes possible to get a revoked nursing license reinstated. That said, our goal is to guard against revocation in the first place whenever possible.
Additional Information About Disciplinary Action Against Nurses in the Memphis Metropolitan Area
Always remember that no two NPAs are exactly the same. For instance, the NPAs in Tennessee and Mississippi both clearly state that the Boards in these states can also consider issuing reprimands as forms of disciplinary action. A reprimand is a formal warning that gets attached to a nurse's file. While it doesn't limit a nurse's ability to practice nursing in most circumstances, it could potentially harm their reputation and limit future employment opportunities.
The NPA in Arkansas doesn't specifically indicate the Board can issue a reprimand. However, because it contains language indicating the Board can otherwise limit the license of a nurse however it sees fit, that doesn't exactly mean the Board lacks this power in Arkansas. The somewhat vague phrasing of the law grants the Board significant leeway to determine the best way to discipline a nurse accused of misconduct. To some extent, the language in every NPA in the Memphis metropolitan area grants the Board a certain degree of flexibility.
The NPAs also, to varying degrees, provide options for avoiding disciplinary action by entering into agreements. Entering into an agreement with the Board essentially involves agreeing that you committed a violation in exchange for disciplinary action that might be less significant than what you would otherwise face.
Although entering into such an agreement with the Board is sometimes the ideal option for a nurse in these circumstances, that's not always so. For example, maybe you genuinely didn't engage in the misconduct of which you're being accused. Or, if you did commit a violation, maybe it's not as severe as what is being described. In any case, agreeing that you committed a violation when this might not be accurate, just to avoid disciplinary action, could be the wrong decision.
This once again affirms the importance of having proper representation when you're facing disciplinary action. Whether you need Tennessee nurse license defense services, Mississippi nurse license defense services, or Arkansas nurse license defense services, our Professional License Defense Team at the Lento Law Firm is available to serve nurses anywhere in the Memphis metropolitan area.
What a Board Investigation Consists of in the Memphis Metropolitan Area
The specific way in which a Board investigation plays out will vary from one state to another in the Memphis metropolitan area. The structure of an investigation in Tennessee, for instance, may involve:
- A complaint: It's worth noting that Board disciplinary action can be triggered by a nurse self-reporting an issue. In some cases, like criminal convictions, self-reporting the matter may be a requirement for a nurse. However, it's not uncommon for the disciplinary process to start when the Board receives a complaint from a relevant party (such as a patient or colleague) indicating a nurse has committed a violation.
- Review: In any state in the Memphis metropolitan area, the Board may conduct an initial review of a complaint. The purpose of this review is to ensure a complaint is worth looking into. Sometimes, a complaint pertains to behavior or issues the Board doesn't have jurisdiction over. Or, it could describe behavior or conduct that doesn't rise to the level of severity that would warrant an investigation or disciplinary action.
- Investigation: An investigation may involve interviewing peers, supervisors, patients, and others who may have information regarding a nurse's alleged misconduct. It can also involve reviewing personnel files, police reports (when applicable), and other such materials and documents. Depending on the circumstances, during an investigation, Board investigators may want to speak with a nurse. Or, they may require a nurse to respond to the allegations. If you receive notice of a Board investigation, review it carefully to ensure you understand what's required of you. Having an attorney by your side can help you comply with Board requests and avoid making common errors during interviews and general correspondence with Board investigators.
- Hearing: A nurse under investigation in the Memphis metropolitan area often has the chance to participate in a hearing. During the hearing, they can present their side of the story, although the state also typically gets the chance to present its case to the Board. Our lawyers can help by preparing you for a hearing and representing you during the hearing itself.
Keep in mind that the specifics of a Board investigation don't merely vary based on the state you're in. They can also vary based on the specific details of your case. Factors ranging from the nature of the alleged misconduct to the availability of witnesses can affect such elements of an investigation as its timeline, whether investigators decide speaking with you is necessary, etc.
It doesn't matter if you're a nurse in a major city like Memphis, Bartlett, or Southaven, or if you work in a smaller community in the Memphis metropolitan area, like Horn Lake, Olive Branch, Brighton, Coldwater, or anywhere else in the region: a Board investigation can be an intimidating experience. Our team can help make it easier by providing the representation you deserve now.
How the Lento Law Firm Can Help With a Nurse License Defense Case in the Memphis Metropolitan Area
It can't be stated enough: Personalization is among our top priorities and goals at the Lento Law Firm Professional License Defense Team. How we handle your case will depend on its exact details. The correct defense strategy for one client won't be ideal for another.
That said, if you need nurse license define services in the Memphis metropolitan area, ways we can assist you include:
- Reviewing the case: You may have a number of questions upon learning the Board is investigating you for alleged misconduct. We can review your case and answer those questions to ensure you understand what you're facing.
- Guiding you through an investigation: We can help you take the proper steps when the Board requests information (or anything else) while it investigates you. We'll make sure you don't provide the types of information during interviews that can harm your case. If you have questions about the status of an investigation, we'll address your concerns and offer peace of mind. Every step of the way, we'll ensure you have an advocate who helps you feel more comfortable during what could otherwise be a challenging experience.
- Protecting your rights: Our attorneys know your rights. That means we know when the Board or other parties might be violating them. We'll speak up on your behalf if any potential violations do occur.
Of course, the best way to get a sense of how we can help with your Memphis metropolitan area nurse license defense case is to speak with a member of our team. Get started today by contacting the Lento Law Firm Professional License Defense Team via our online form or by calling 888-535-3686.
