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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
September 19, 2012 Session SANDI D. JACKSON v. TENNESSEE BOARD OF NURSING
Direct Appeal from the Chancery Court for Davidson County No. 09-895-I Claudia C. Bonnyman, Chancellor

No. M2012-00241-COA-R3-CV - Filed October 11, 2012

The Tennessee Department of Health filed civil charges against Nurse Jackson alleging that she had inappropriately prescribed medications for her daughter. Before a hearing on the merits was held, however, the Department filed a Notice of Nonsuit without prejudice. After an Order of Voluntary Dismissal was entered, Nurse Jackson filed a Petition in the chancery court seeking dismissal of the case against her with prejudice, as well as her attorney fees expended, claiming that the Board of Nursing had subjected her to an unwarranted investigation and prosecution which was "not well grounded in fact and was not warranted by existing law, rule or regulation[.]" She did not, however, seek a consideration of the merits of the charges against her. The chancery court dismissed Nurse Jackson's Petition. We find that the chancery court lacked subject matter jurisdiction to consider her Petition; therefore, the judgment of the chancery court is vacated and the case is dismissed.

Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Chancery Court Vacated and Case Dismissed A LAN E. H IGHERS, P.J., W.S., delivered the opinion of the Court, in which D AVID R. F ARMER, J., and J. S TEVEN S TAFFORD, J., joined. Phillip L. Davidson, Nashville, Tennessee, for the appellant, Sandi D. Jackson Robert E. Cooper, Jr., Attorney General and Reporter, Sara E. Sedgwick, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Board of Nursing

OPINION I. F ACTS & P ROCEDURAL H ISTORY

On February 5, 2007, the Tennessee Department of Health, Division of Health Related Boards (the "Department"), filed a "Notice of Charges and Memorandum of Assessment of Civil Penalties" ("Notice of Charges") against Sandra D. Jackson ("Nurse Jackson"), who held both a registered nurse license and an advanced practice nurse license. The Notice of Charges alleged that Nurse Jackson had "inappropriately prescribed medications for her child by utilizing information of physicians she was previously affiliated with." It further stated that the alleged prescribing physicians either had not treated Nurse Jackson's child, had no medical records regarding such child, or had authorized lesser-prescriptions than those filled by Nurse Jackson. The Notice of Charges alleged the following violations: (1) Tenn. Comp. R. & Regs. 1000-1-.13(1)(t) "Over-prescribing, or prescribing in a manner inconsistent with Rules 1000-04-.08 and 1000-04-.09"; (2) Tenn. Comp. R. & Regs. 1000-1-.13(u) "Practicing professional nursing in a manner inconsistent with T.C.A.

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