Tennessee Nursing License Defense Attorney

Providing Nursing Licensure Defense Representation to clients throughout the State of Tennessee.

Tennessee Nursing License Defense Lawyer

As a RN, LPN or APN you worked hard to obtain your nursing license. Often you have invested years and thousands of dollars to obtain your nursing degree. You probably chose nursing because you wished to serve patients and their families in a time of need and provide top quality patient care to the best of your ability. If your nursing license is under investigation by the Tennessee Board of Nursing, you deserve the opportunity to defend your career.

The Law Office of John Hutto, represents nurses throughout Tennessee who are facing investigations, disciplinary actions including suspension and revocation proceedings with the Tennessee State Board of Nursing. Contact John Hutto, Tennessee Nursing License Defense Attorney, for a free initial consultation with experienced, nursing license defense lawyer John Hutto. Call (256) 335-4425 or email at johnhuttoattorney@yahoo.com or fill out and submit the free consult form and someone will be in contact with you soon.

Providing Legal Guidance to Tennessee Nurses throughout the Investigation, Hearing, and Appeals Process:

When allegations are made that against a nurse, those allegations are investigated by the Tennessee Board of Nursing. It is important to remember that nurses who are being investigated have a right to be represented by an attorney.

The Tennessee State Board of Nursing regulates:

• Licensed practical nurses (LPN's)
• Registered nurses (RNs)
• Nurse practitioners (NPs)
• Certified registered nurse anesthetists (CRNAs)
• Clinical nurse specialists (CNSs)
• Certified nurse midwives (CNMs)

Overview of the Investigative Process:

Complaints against nurses typically are initiated by the filing of a written complaint with the Office of Investigations wing of the Tennessee Department of Public Health's Health Related Board's Office of Investigation in conjunction with the Tennessee Board of Nursing. Most often these complaints are initiated by patients or their family members who are dissatisfied with the perceived care they received or by a former employer of the nurse.

Regardless of the source of the complaint, once a complaint is received, a board consultant who is a nurse reviews the complaint in conjunction with an attorney to determine whether the has been a possible violation of the Nurse Practice Act and thus whether or not to investigate the complaint. It is important to note that the Board does not assist with civil or criminal matters and does not represent the person filing the complaint, and instead is charged with safeguarding the health and safety of the residents of Tennessee. As such fees and billing disputes and other civil matters are not issues that can be addressed by the Tennessee Board of Nursing.

If a decision is made to investigate the complaint further, you may be contacted by a board investigator and asked to provide a statement regarding the matter. At this point you should know that any statement you make may later be used to support the complaint. As such, you should be careful about making statements to investigators outside the presence of counsel.

Overview of Grounds for denial, revocation, or suspension of nursing license:

The Tennessee Board of Nursing under Section 63-7-115 (a) (1) has the power to deny, revoke or suspend any certificate or license to practice nursing or to otherwise discipline a licensee upon proof that the person:

• Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing;
• Is guilty of a crime;
• Is unfit or incompetent by reason of negligence, habits or other cause;
• Is addicted to alcohol or drugs to the degree of interfering with nursing duties;
• Is mentally incompetent;
• Is guilty of unprofessional conduct; or
• Has violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate any provision of this chapter or any lawful order of the board issued pursuant thereto. {Section 63-7-115}.

If allegations have been made about the quality of your nursing or any other issue that could cause you to lose your nursing license, it is important to retain a Tennessee Nursing Licensure Defense Lawyer right away.

Even the most informal investigations, such as questioning by telephone by a Tennessee Board of Nursing Investigator can have serious consequences later on. You should not speak to any nursing board investigators or counsel without an attorney present.

Contact John Hutto, Tennessee Nursing Licensure Defense Lawyer:

If you've been given notice of an investigation into your nursing license, don't hesitate to John Hutto, Tennessee Nursing Licensure Defense Attorney at (256) 335-4425 or email at johnhuttoattorney@yahoo.com of fill out and submit the consult form for a free consultation.

Overview of the Hearing Process:

Once a written complaint is made with the Tennessee Board of Nursing, unless the charges are dismissed without a hearing, the Board within 90 days from the date the charges were preferred sets a date for a hearing. The hearing date is set within six months from the date the charges are preferred. Thereafter, at least 30 days prior to the hearing date, a copy of the charges and notice of the time and date of the hearing shall be provided to the nurse. Typically, the copy of the charges and notice of the hearing is sent by registered mail to the address the board has on record for the nurse. It is therefore important to make sure the board has a current address on file to ensure your due process rights are protected.

As part of the hearing process, the chair or vice chair of the board has the power to issue subpoenas and well as to administer oaths and enforce the attendance of witnesses and the production of documents and records relative to the case. The nurse correspondingly has the right to have subpoenas issued by the board to compel the attendance of witnesses considered necessary for a full and complete hearing on the matter.

A quorum of the board members which is defined as three of more board members shall conduct the hearing and a majority vote of the board members present is required to authorize board action in disciplinary matters.

At the hearing, the board's counsel presents their evidence and the defense then has the right to cross-examine witnesses as well as to present witnesses for the defense. At the end of the testimony, the board members present shall consider the matter and thereafter a majority vote of the members present is required to authorize board disciplinary action. If the nurse is found to be guilty by majority vote of the board members present, the board may order disciplinary actions to include the option to suspend or revoke the nurse's license.

Appeals:

Appeals from the Tennessee Board of Nursing decisions to suspend or revoke a nursing license are governed by Title 27 Chapter 9 of the Tennessee Code and must be filed within 60 days from the entry of the board's order. It is important to consult with legal counsel to ascertain your rights regarding the appeals process as soon as possible as strict time frames for filing appeals are in place.

You Should Call John Hutto, Tennessee Nursing Defense Attorney if:

• You have received a notice of investigation from the Tennessee Board of Nursing;
• You have been told to self-report to the Tennessee Board of Nursing;
• You are planning to enter the Tennessee Professional Assistance program for nurses for chemical dependency (TNPAP);
• You have been charged with a crime, even if it is unrelated to your nursing practice;
• You have a prior conviction and have not previously disclosed the conviction to the Tennessee Board of Nursing;
• You are filing an application for licensure by endorsement or examination and you have a prior conviction and you are wondering how it may impact your license or career as a nurse;
• You are currently on probation with the Tennessee Board of Nursing and you need legal assistance with meeting the terms and conditions of probation;
• Your nursing license is suspended and you need assistance with meeting the terms and conditions for reinstatement.

If any of these situations apply, you need to discuss your case with an attorney familiar with the investigative and disciplinary process of the Tennessee Board of Nursing as soon as possible. Contact John Hutto, Tennessee Nursing Licensure Defense Attorney at (256) 335-4425 to discuss your case or fill out the consult form and Mr. Hutto will be in touch with you soon.