Professional Licensees: Just Say “No” to Inappropriate Client/Patient Relations

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It is common knowledge that workplace romances are a bad idea. Yet, people continue to date their co-workers or in some cases, even their supervisors. Although these relationships can cause problems for other employees, most employers do not prohibit such relationships.  Licensees, on the other hand, are regulated not only by their employer but also by their respective professional licensing organizations. Most licensing boards prohibit licensees from having intimate relations with clients or patients. Despite these rules, each and every year attorneys, therapists and other licensees find themselves flirting with danger.

Due to the very nature of their work, licensees develop a trusting relationship with the client or patient. If you find yourself tempted to pursue intimate relations with a client or patient, you need to just say “no” and walk away from the thought. Inappropriate relations can not only cost you your license but also your time, money and reputation. Even criminal charges are possible. Here a few things all licensees need to do to protect themselves from this Pandora’s box of potential liability:

  • Know the rules: Ignorance of these rules will not help save you or your license.  Every licensee needs to know the rules and regulations set forth by their licensing board regarding patient/client sexual relations. For example, the Kansas Rules of Professional Conduct prohibit attorneys from having sexual relations with a client unless the consensual sexual relationship began prior to the attorney-client relationship. Kansas marriage and family therapists, however, are prohibited from making sexual advances and engaging in physical intimacies and/or sexual activities with a client or anyone who has been a client in the last twenty four months.
  • Understand there is no true-love exception: Some licensees fool themselves into thinking that if the prohibited relationship is true love or even results in marriage that the licensing board may look the other way. This is not the case. If you find yourself becoming attracted to or developing intimate feelings for a client/patient, it may be a good time to examine your feelings. Are you truly in love with this person or are you experiencing a mere transference?
  • Keep copious records: Even if you have not engaged in any actions that you believe could be considered as sexual advances, perhaps your client or patient has misconstrued the relationship. Therefore, it is a wise idea for therapists to record their sessions so there can be no confusion later on. For attorneys and any other professions where recording is uncommon or not an option, make sure you keep detailed records of all encounters.
  • Make a referral: If you find your attraction towards a client/patient is just too tempting and fear that may act on your feelings, refer the individual to a colleague. Referring the individual out to another practitioner is also a good idea if you feel that he or she is making inappropriate advances towards you.

If you believe your professional license is in danger because of alleged inappropriate relations with a client or patient, you need an experienced professional license defense attorney to aggressively represent you. Contact the Sanger Law Office today at 785-979-4353 for a free confidential consultation. Our experienced team will take the time to discuss the charges brought against you and construct a plan to protect not only your license but your professional livelihood as well.

Prescription Drug War Can Take Down Unwary Pharmacists

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As a pharmacist, you are probably well aware that prescription drug abuse is on the rise. Unlike illegal drugs where most battles are fought on neighborhood streets and involve gangs, the prescription drug war is happening in physician’s offices and pharmacies across the country. In late 2012, a story broke about four young men who died as the result of a drug overdose of prescription medication. The remarkable link connecting the deaths was that all four people had prescriptions written by the same doctor and filled at the same small pharmacy. As a result of his actions, the pharmacist involved had his license revoked. It appears from the investigation that the pharmacist was knowingly filling fraudulent prescriptions and dispensing painkillers and other addictive medications he knew or should have known were feeding the habits of addicts. Although the situation does not describe the overwhelming majority of pharmacists, it does serve as a stark reminder of the growing problem. Pharmacists cannot turn a blind eye to this problem. In order to protect their licenses, pharmacists must become aware of how they can prevent further abuse of the system.

Pharmacists, much like other health care professionals, work long hours. In a typical day a single pharmacy may fill hundreds of prescriptions. Part of a pharmacist’s job is to make the determination as to whether she should fill a particular prescription. The law requires a pharmacist not to fill any prescription if they have reason to believe that either the prescribed medication is unnecessary or the amount prescribed is not legitimate. A pharmacist has a duty to refuse to fill any patient’s prescription that the pharmacist believes is being used by the patient to feed an addiction. Pharmacists also have to be on the look-out for fraudulent prescriptions, signs of which may include exceedingly high doses or an unrecognizable doctor’s signature. For example, one of the young men in the story above received such a high dosage of painkiller that, according to the DEA investigator, could have put down a horse.

Pharmacists who fail to comply with these standards can find themselves in a sea of legal trouble. Failing to check the legitimacy of prescriptions and/or filling a prescription that is believed to be medically unnecessary could result in an investigation by the Board of Pharmacy and lead to revocation of pharmacist’s license. Additionally, a pharmacist could also face civil and criminal charges. It is important for pharmacists to be aware that did not need to intend to provide an addict with prescription drugs. By simply overlooking her duties, a pharmacist can face serious disciplinary actions.

Pharmacists can avoid problems by carefully reviewing each prescription. The following types of prescriptions should draw red flags:

  • unusually high doses of painkillers and/or other addictive medications;
  • patients who do not reside in the area or live out-of-state;
  • a single doctor that writes a large volume of prescriptions for painkillers and/or other addictive medications;
  • prescriptions written by doctors that do not practice in the area; and
  • patients with prescriptions for expensive painkillers and/or other addictive medications who pay in cash

If you are pharmacist who is undergoing an investigation by board, you need an aggressive and experienced professional license defense attorney on your side. The Sanger Law Office has been providing clients in Kansas and Missouri with quality legal representation. Contact the office today at 785-979-4353 to schedule a free confidential consultation. You can trust the Sanger Law Office to protect your license.

Professional Boundaries: The Slippery Slope of Nursing in Kansas

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The role of a nurse is to be a trusted caregiver to a patient.  The ability to help a person in a time of need is what often influences people to become a nurse in the first place. Whether a patient is in a nursing home or in a hospital, the patient is in a vulnerable position and must rely on nurses for their care.  Professional boundaries are necessary to ensure that the nurse remains the trusted caregiver. A nurse that ignores professional boundaries blurs the line between patient and caregiver and can even come across as a victim to the patient. How is this possible? For example, by placing the nurse’s burdens on the patient, a patient feels sympathy for the nurse, and may not feel comfortable requesting the care that they need in order to avoid being a burden.

Nurses that test these boundaries can place the nurse-patient relationship in harms way, and by doing so can fail to provide the standard of care required. To protect yourself and your nursing license, you need to be aware of actions that could lead you down the slippery slope of improper professional conduct. Here are some of the common warning signs that a nurse may have unhealthy boundaries issues:

  • Talks to patients about taboo subjects. Nursing is a demanding profession that comes with long hours. However, a nurse should not vent to patient about their frustrations. Nurses should especially avoid the following taboo subjects: (1) complaining to patients about co-workers or the facility at which they work, (2) discussing the nurse’s personal problems, and (3) sharing intimate details of the nurse’s personal life to others.
  • Treats certain patients different than the other patients. In any profession, you will have clients or patients that you will like better than others. Obviously, patients that are friendly and treat you kindly are much more likeable than those that are needy and demand your nonstop attention. So long as each patient is receiving the care that they deserve, liking one patient more than another is normal. However, the boundary becomes unprofessional when a nurse provides extra attention to certain patients at the expense of other needful patients. Other warning signs that a nurse is not acting within professional boundaries are that she (1) regularly receives gifts from patients, (2) spends off duty time with patients, and (3) gives her personal contact information to patients.
  • Feels a special connection with a patient: A nurse can also overstep professional boundaries when he starts thinking that he “knows what is best” for certain patients more so than other colleagues. This does not mean that a nurse should not care about his patients or advocate for a patient when deemed necessary. However, nurses should not allow themselves to become so attached that the patient feels like family.

If you are nurse facing disciplinary proceedings or an initial investigation, you need an experienced professional license defense attorney to aggressively represent you. Contact the Sanger Law Office today at 785-979-4353 for a free and completely confidential consultation. Danielle Sanger knows that your nursing license is the key to your livelihood and zealously advocate on your behalf.

Kansas Physical Therapists: The Seven Deadly Sins

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As a physical therapist, your professional license is not just a symbol of your accomplishment but they key to your livelihood. However, it only takes one misstep and all that you have worked so hard to accomplish can be gone in an instant. Here are some of the most common errors that have cost physical therapists their license:

1)      HIPAA Violations: The Health Insurance Portability and Accountability Act (HIPAA) was established in 1996.  Accordingly, HIPAA requires healthcare professionals to safeguard a patient’s health records. A simple story told by a licensee to friends at dinner party, which accidentally contains information that could identify a patient, would violate HIPAA. A physical therapist who commits an act in violation of HIPAA may lose their license, incur harsh monetary fines and even face imprisonment.

2)      Failure to Document: Failing to properly document your actions in a patient’s medical records can jeopardize your license. Clearly, the job of a physical therapist is demanding. However, licensees need to make sure that their patient records are properly kept. If you are uncertain as to whether you are properly maintaining your records, seek professional assistance immediately. Proper documentation can serve to protect the licensee if the care or treatment of the patient is called into question. However, in order to do so, the documentation must also be clear, legible and accurate.

3)      Inappropriate Sexual Conduct: Having a sexual relationship with a patient is an obvious no-no. But licensees also need to make sure that their speech, gestures and touch are not inappropriate.  Different patients, based on their culture, age and gender will have differing ideas about what types of touching are allowable. Make sure to explain all procedures carefully and obtain a signed consent form before initiating treatment.

4)      Fraudulent Billing Practices: Charging different rates for private payers versus those with insurance, changing dates of medical services, and providing services that the patient does not need (but which are covered by Medicare) are several examples of billing fraud. Licensees who engage in fraudulent billing practices not only risk their licenses but may also face criminal charges.

5)      Felony Convictions and Other Unprofessional Conduct: A felony conviction may result in the loss of a license, regardless of whether the felony is related to the licensee’s profession. Licensees can also lose their license for failing to pay their student loans. Make sure that you are current on the licensing requirements in your state, since ignorance of the law is not a defense.

6)      Addiction and Mental Health Problems: If you are struggling with substance abuse or suffering from a mental health problem you need to get help. Treatment options are available to licensees who have problems. Do not let alcohol or drugs rob you of your professional license.

7)      Negligent Treatment of Patients: Last, not but certainly not least, patients need to receive the highest standard of care. While all patient care is associated with some risk, negligent treatment is more likely to result in serious injury.

If you are facing disciplinary proceedings or even if you are only subject to an initial investigation, contact Danielle Sanger now for a free and completely confidential consultation at 785-979-4353.  The Sanger Law Office is centrally located in Lawrence, KS and represents individuals and businesses before state licensing boards and in administrative hearing in Kansas and Missouri. Our team will fully investigate the evidence and charges brought against you so that we can develop an effective strategy to protect your license, reputation, and professional livelihood.