How long does Tennessee's medical board have to bring a disciplinary case against a doctor?

Subject

Opinion No. 11-43, Statute of Limitations Regarding Physician Discipline, May 11, 2011

Plain-English summary

A physician facing a complaint, or a patient or hospital wanting to know how stale a complaint can be, sometimes asks whether the state has only a fixed number of years to bring a disciplinary case. House Majority Leader McCormick put that question to the AG in 2011.

The AG's answer was that no statute of limitations applies. The Board of Medical Examiners can initiate discipline at any time, with one exception. If the Board has already summarily suspended a license under Tenn. Code Ann. § 4-5-320(c), because emergency action was needed to protect public health, safety, or welfare, the statute requires the follow-on revocation or disciplinary proceedings to be "promptly initiated and determined." "Promptly" is not a fixed number of days; the AG did not attempt to quantify it.

The opinion is narrow. The AG was asked only about statute of limitations. Equitable doctrines like laches, due-process delay claims, or other timing-related defenses can still come into play in a contested matter, but they are not the subject of this opinion.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Tennessee's physician licensing scheme is administered by the Board of Medical Examiners, with formal disciplinary charges generally filed by the Division of Health Related Boards in the Tennessee Department of Health (Tenn. Code Ann. § 63-1-101). Disciplinary proceedings against a licensee proceed under the Uniform Administrative Procedures Act, by direction of Tenn. Code Ann. § 63-6-216.

The Uniform Administrative Procedures Act includes Tenn. Code Ann. § 4-5-320(c), which provides:

If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly initiated and determined.

This is the only statutory time-related constraint the AG identified on physician discipline. It applies only after a summary suspension has already been imposed.

Common questions

Can the Board bring discipline based on conduct that occurred many years ago?

Per this opinion, yes. The AG was not aware of any statute of limitations applicable to physician discipline. The Board may pursue old conduct.

What does "promptly" mean in § 4-5-320(c)?

The AG did not say. The statute itself uses the word "promptly" without a defined number of days. In practice, prompt initiation after a summary suspension is a fact-specific question, and a delay could be challenged on administrative-law grounds.

Does this opinion address private medical malpractice claims?

No. Statutes of limitations for malpractice suits are separate from physician licensing discipline. The opinion is about the timing of an administrative action by the Board, not a civil suit by a patient.

What is a summary suspension?

A summary suspension is an emergency order under § 4-5-320(c) that takes a license offline immediately, without first holding a contested hearing, because the agency has determined that public health, safety, or welfare requires emergency action. The hearing on whether to revoke or take other action follows, and that follow-on proceeding is what the statute says must be promptly initiated and determined.

What other body of law could limit how long the Board can wait?

The opinion does not address it, but common-law and constitutional doctrines, including laches and due-process arguments about prejudicial delay, are sometimes raised in administrative cases. Those are not statutes of limitations and were outside the question presented.

Citations

• Tenn. Code Ann. § 4-5-320(c)
• Tenn. Code Ann. § 63-1-101
• Tenn. Code Ann. § 63-6-216

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2011/op11-043.pdf

Original opinion text

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202

May 11, 2011
Opinion No. 11-43
Statute of Limitations Regarding Physician Discipline

QUESTION

Is there a statute of limitations or other time limit imposed by law concerning initiation of a disciplinary action by the Tennessee Board of Medical Examiners against a physician's license?

OPINION

Except for the statutory directive in Tenn. Code Ann. § 4-5-320(c) that concerns proceedings affecting licenses, which requires that proceedings for revocation or other action "shall be promptly instituted and determined" after a license has been summarily suspended under Tenn. Code Ann. § 4-5-320, we are not aware of any current statute of limitations or other time limit imposed by law concerning initiation of a disciplinary action by the Tennessee Board of Medical Examiners against a physician's license.

ANALYSIS

Tenn. Code Ann. § 4-5-320(c) provides, in pertinent part, that if an agency finds that "public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly initiated and determined."

However, other than this requirement, we are not aware of any current statute of limitations or other time limit imposed by law concerning initiation of a disciplinary action by the Tennessee Board of Medical Examiners against a physician's license.

ROBERT E. COOPER, JR.
Attorney General and Reporter

BARRY TURNER
Deputy Attorney General

SARA E. SEDGWICK
Senior Counsel

Requested by:
The Honorable Gerald McCormick
House Majority Leader
18A Legislative Plaza
Nashville, Tennessee 37243-0126

Footnote:

1 Generally, formal disciplinary charges against licensed physicians are filed by the Division of Health Related Boards of the Tennessee Department of Health. Tenn. Code Ann. § 63-1-101. All proceedings for disciplinary action against a licensee before the Board of Medical Examiners shall be conducted in accordance with the Uniform Administrative Procedures Act. Tenn. Code Ann. § 63-6-216.