Tennessee Vulnerable Persons Abuse Registry

Nashville Abuse Registry Defense Lawyers

The Tennessee Department of Health is required by state law to maintain a Vulnerable Persons Abuse Registry—a list of individuals found to have abused or neglected vulnerable persons, or to have misappropriated their property. For anyone who works in, or wants to work in, healthcare, long-term care, home health, or related services, being placed on this registry is a career ender. Hospitals, nursing homes, assisted living facilities, home health agencies, and many other employers routinely check the registry before hiring or contracting with you.

At Freeman & Fuson, we represent individuals who are facing placement on the Tennessee Vulnerable Persons Abuse Registry and those already listed who want to challenge the process used against them. We know what’s at stake: your job, your license, your reputation, and your future in the healthcare industry.

Practice Areas 

How Does Someone Get Placed on the Abuse Registry?

Under Tennessee law, various state government agencies—including those that license or oversee health facilities, long-term care providers, and social service programs—are required to notify the Tennessee Department of Health if they find that an individual has:

• Abused a vulnerable person
• Neglected a vulnerable person
• Misappropriated or exploited a vulnerable person’s property

Once notified of an adverse finding, the Department of Health can place that person’s name on the Vulnerable Persons Abuse Registry.

The problem is that:

• Each agency uses its own procedures and own definitions of “abuse,” “neglect,” and “misappropriation.”
• Many of these processes are informal, one-sided, or confusing to the person being investigated.
• In practice, individuals can end up on the registry without meaningful due process—sometimes without clearly understanding the allegation, the evidence, or the consequences.

You can be placed on the registry even if:

• You were never criminally charged
• You were never convicted of a crime
• You were not given a fair opportunity to defend yourself at the agency level

We believe that is wrong and, in many cases, unlawful.

Your Right to Challenge the Agency’s Findings

Tennessee law provides that individuals are supposed to receive due process safeguards before or in connection with being placed on the abuse registry.

Typically includes:

• Written notice of the finding and the intent to list you on the registry
• Information about your right to request a hearing
• A limited time window (often 30 days) to request an administrative hearing
• An opportunity to present evidence, call witnesses, and cross-examine the agency’s witnesses

In handling these cases, our firm has repeatedly seen state agencies:

• Fail to clearly inform individuals of their rights
• Use procedures that limit or block meaningful challenges to the underlying abuse finding
• Treat the registry placement as a formality instead of a serious, life-altering decision

We believe that the way these findings are made and used is often unconstitutional, and we have challenged these actions in administrative proceedings and court. The core problem is this:

• Many agencies will let you “challenge” your placement on the registry only on narrow grounds, but refuse to let you truly challenge their underlying finding that you committed abuse, neglect, or misappropriation.

That is a fundamental flaw in the system, and it’s one our firm is passionate about fighting.

What You Can Do to Keep Your Name Off the Abuse Registry

If you have received any notice suggesting that:

• You have been found to have abused or neglected a vulnerable person, or
• The agency intends to place your name on the Tennessee Vulnerable Persons Abuse Registry,

you must act immediately.

Key steps:

1. Do Not Ignore the Notice
   The notice will typically state that you have a limited time—often thirty (30) days—to request an administrative hearing. If you fail to request a hearing in time, you can be automatically placed on the registry, with almost no way to undo it.
2. Contact an Attorney Right Away
   This is not something to handle on your own. The issues are complex, and the consequences are huge. Once you contact us, we will:
3. Review the notice and any underlying reports
4. Confirm the deadline and file a timely request for hearing
5. Identify the agency’s procedures and the standards they used
6. Prepare for the Administrative Hearing
   After a hearing is requested, the next step is building your case. That can include:
7. Requesting documents, records, and investigative materials from the state agency
8. Reviewing facility policies, prior statements, and any incident reports
9. Interviewing witnesses (co-workers, supervisors, patients, family members)
10. Conducting depositions where permitted
11. Gathering performance reviews, training records, and other context that supports your version of events
12. Preparing you to testify and respond to accusations at the hearing
13. Challenge Both the Process and the Finding
    We don’t just challenge your name being placed on the registry; we challenge the fairness and legality of the agency’s finding itself—including:
14. Whether the agency followed its own rules
15. Whether you were given a meaningful chance to respond
16. Whether the evidence actually supports a conclusion of “abuse,” “neglect,” or “misappropriation”
17. Whether your due process rights under state and federal law were violated
    

The abuse registry can effectively kill a person’s career in healthcare and related fields. You’ve worked hard to build your reputation and livelihood. Don’t let a flawed administrative process take it away.