As a licensed nurse working in Tennessee, you are already familiar with what the state's Board of Nursing requires of you in terms of getting your license in the first place, renewing it, meeting the state's continuing education requirements for nurses, and delivering the level of care that is expected of a licensed nurse. But what happens if you are accused of domestic violence, or if a protection order is issued by a court against you? Do you need to tell the Board of Nursing?
Generally speaking, if you've been charged but not convicted of a domestic violence crime in Tennessee, or if a Tennessee court issues a protective order against you, you don't need to disclose that to the BON. As noted below, though, that doesn't mean that you won't face a disciplinary investigation or proceeding as a result of either criminal charges or a protective order. If you find yourself in this kind of situation, call the Lento Law Firm's Professional License Defense Team at 888.535.3686, or use our contact form to schedule a confidential consultation with one of our experienced attorneys to learn more about how we can help.
Domestic Violence in Tennessee
A defendant can be charged with the crime of domestic assault in Tennessee when the alleged victim is a “domestic abuse victim,” as that term is defined by the state's Domestic Assault law.
A “domestic abuse victim” can include:
- A current or former spouse
- People who live or have lived together
- Those who are or were in a dating relationship
- Those related by “blood or adoption”
- Those who are or were related by marriage
- Children of any of the above
If the alleged victim of an assault is any one of the above, the defendant can be charged with domestic assault.
The crime of assault in Tennessee is broadly defined, and can cover a wide range of contact and attempted contact. Assault includes “intentionally or knowingly”
- Causing someone to “reasonably fear imminent bodily injury”
- Causing physical contact that a “reasonable person” would consider to be “extremely offensive or provocative”
It also includes “intentionally, knowingly, or recklessly” causing bodily injury to someone else.
A defendant convicted of domestic assault faces not only the penalty they would face if they had been convicted of assault, but also additional penalties that are imposed by the domestic assault law. For example, as part of an “alternative sentencing,” the defendant can be required to complete a drug or alcohol or other type of counseling program such as a batterer's intervention program. If the defendant is convicted, they can be required to serve “at least the minimum sentence,” and to serve the difference between the time they actually serve and the maximum sentence “on supervised probation.” A second or third conviction for domestic assault comes with minimum jail sentences and fines. The defendant will also be required to give up “all firearms in the defendant's possession.”
If you've been charged with domestic assault, you need to be careful about how you resolve the matter. While you aren't required to report the charges to the BON, if you do plead guilty, or are found guilty at trial, or even if you plead “no contest” as part of a plea deal, you can be disciplined by the BON as a result. You need to consider this when deciding how to resolve any criminal charges you face in Tennessee, including domestic assault charges.
The Lento Law Firm's Professional License Defense Team understands what nurses are required to report to the Tennessee BON, and when they're required to do it. We also know how to protect the rights of nurses during the BON's disciplinary process, and can fight to protect your license if you've been accused of misconduct – whether because you've been convicted of a crime or for any other reason.
Protection Orders in Tennessee
Courts in Tennessee can issue protective orders when an alleged domestic abuse victim files a petition with the court asking the court to do so. Protective orders can protect against not only domestic abuse, but also sexual exploitation of a minor, sexual assault, and human trafficking.
A “domestic abuse victim” for purposes of a protection order has the same meaning as it does for the domestic assault crime described above.
The types of abuse that a protective order can prohibit include:
- Inflicting or attempting to inflict physical injury
- Placing someone in fear of physical harm or “physical restraint”
- Causing “malicious damage” to someone's personal property
- Intentional “financial abuse”
with “financial abuse” including behavior restricts the victim's access to “money, assets, credit, or financial information,” or unfairly using the victim's financial resources, or exerting “undue influence over a person's financial behavior.”
Protection orders can issue on what is called an “ex parte” basis, meaning without a hearing, where there is “good cause” for the court to do so. In those cases, and in all other protection order petition cases, there will be a hearing at some point to determine whether a longer-term protection order should be issued and, if so, what the terms of the order should be. At that hearing, the court may issue or extend a protection order if it finds “by a preponderance of the evidence” that abuse has occurred.
This standard is important because it's a significantly lower standard than the “beyond a reasonable doubt” standard that applies before a defendant in a criminal case can be found guilty. Protection order petitions are not criminal cases. They are civil cases, and they use the civil standard of proof. In other words, if a protection order is issued against you, you have not been convicted of a crime and you do not need to report or disclose the protection order to the BON.
What you do need to do is be careful to obey the protection order. Protection orders can impose significant requirements on you if the order is issued against you. They can:
- Prohibit you from having any contact with the person who requested the protection order and others named in the order
- Force you to leave your home if the order gives the petitioner the right to occupy it
- Require you to provide the petitioner with “suitable alternate housing” if you are the “sole owner or lessee” of your home
- Award the petitioner temporary custody of minor children
- Require you to pay financial support to the petitioner
- Force you to attend violence or substance abuse counseling programs
If you violate a protection order, you can be prosecuted for contempt of court. Violations can be civil or criminal. If you are convicted of criminal contempt of court because you violated a protection order, that is something that the BON can use against you in a disciplinary proceeding.
Abuse Allegations, Protection Orders, and Your Nursing License
There is no requirement that a licensed nurse in Tennessee report allegations of domestic assault or protective orders to the BON. That doesn't mean that you can't face a disciplinary proceeding in either case – and even before any criminal charges have been resolved.
You may face a disciplinary investigation if someone files a complaint against you with the BON. In Tennessee, as in other states, anybody can file a complaint against a nurse. You don't need to be a patient, family member of a patient, or a co-worker of a nurse to file a misconduct complaint against a nurse. This means that anyone who knows about any domestic assault charges you're facing can file a complaint with the BON based on those charges. Similarly, anyone who learns that an order of protection has issued against you can file a misconduct complaint based on the allegations made in the petition asking the court to issue the order.
The Tennessee Department of Health's Office of Investigations will receive the complaint and, based on what is in the complaint, may decide to open an investigation against you. It is hard to determine what cases the Office of Investigations will pursue and which it will not, because it depends on the allegations and whether they arguably relate to your work as a licensed nurse.
If you are convicted of a criminal charge of domestic assault, or plead guilty or no contest, that information may be disclosed to the BON through the complaint process or it might be brought to the attention of the BON some other way. Because conviction of a crime is one reason for the BON to revoke or suspend a nurse's license, if you've been convicted of any crime it is very possible that the BON will open a disciplinary investigation to determine whether your conviction should affect your nursing license.
In many cases, disclosing a conviction before the BON learns of it may benefit you in terms of the actions that the BON takes in response. This is where working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team can help. We will review your situation and if disclosure is necessary, we can prepare the disclosure and anticipate the information that the BON may need in order to decide what steps to take in terms of any discipline in your case. Throughout the process, we can protect your rights and defend your license against serious discipline that could leave you unable to work as a nurse for an extended period of time – or permanently, in some cases.
Nursing Discipline in Tennessee
If an investigation is ordered after a complaint has been filed against a nurse, whether by a member of the public or by the BON itself, the Office of Investigations will proceed with an investigation that is very likely to involved an interview of the nurse named in the complaint, as well as of any other people who may have information that relates to the misconduct alleged in the complaint.
Once the investigation is complete, the BON will review the findings to determine whether formal disciplinary charges will be brought. In some cases, the matter can be resolved with an informal letter of correction or concern. If formal charges are brought, you will have a chance to review them and respond. While most disciplinary cases end with an agreement between the nurse and the BON as to how the matter is to be resolved, when that is not possible it will proceed to a hearing. If a hearing is held, you will have a chance to respond to the evidence produced by the BON, and will be able to introduce evidence in your own defense.
The Lento Law Firm's Professional License Defense Team has years of experience with nursing and other professional license disciplinary proceedings. We can help you no matter what stage your case is at – whether you are considering whether to disclose a conviction to the BON, or you're facing an investigation based on a misconduct complaint, or even if you've already been investigated and the BON has brought formal charges against you. Your chances of resolving your situation in a way that protects your ability to work as a nurse are generally much higher if you are working with one of our experienced professional license defense attorneys than if you attempt to resolve the matter yourself.
The Lento Law Firm Can Help Protect Your Tennessee Nursing License
If you are facing criminal allegations of domestic assault, or if a protection order has issued against you, it's important to keep in mind the effect either of these might have on your nursing license. The Lento Law Firm's Professional License Defense Team understands the laws, rules, regulations, and procedures that apply to nurses licensed to practice in Tennessee. We regularly help nurses, health care professionals, and other licensed professionals all over the country – including in Tennessee – keep and protect their licenses in disciplinary cases, and we are here to help you with your Tennessee nursing license no matter what your situation is.
Contact us today at 888.535.3686 or fill out our contact form so we can schedule a confidential consultation to discuss your case. The sooner you take steps to protect your nursing license, the more we can do to help!
