Kansas Medical Professionals: A DUI Could Threaten Your Career

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Alcohol abuse is a serious problem that can affect anyone, including medical professionals (including doctors, nurses, chiropractors, massage therapist, etc.). However, unlike members of the general community, medical professionals have even more at stake: they risk losing their license. It only takes one incidence for the Kansas Board of Healing Arts to open an investigation. The risks associated with driving under the influence need to be of particular concern and you need to be aware of how a DUI could impact your professional license.

A DUI is a costly mistake. A DUI can costs thousands of dollars in attorney’s fees to defend. Professionally, a DUI comes with severe penalties than can interfere with a medical licensee’s ability to practice. In Kansas, the penalties for DUI are as follows:

1st DUI Conviction—Class B Misdemeanor

  • Jail time: 48 hours to 6 months
  • Fines: $750 to $1,000
  • Mandatory Alcohol Evaluation and Counseling
  • Driver’s license suspension: 30 day to 1 year followed by ignition interlock

2nd DUI Conviction—Class A Misdemeanor

  • Jail time: 90 days to 1 year
  • Fines: $1,250 to $1,750
  • Mandatory Alcohol Evaluation and Counseling
  • Driver’s license suspension: 1 year followed by ignition interlock

Some medical professionals are not aware that in Kansas, a second DUI is considered a Class A misdemeanor. Pursuant to the rules and regulations of the Kansas Board of Healing Arts, conviction of a crime of this severity is grounds for discipline and possibly the revocation of a medical license. The Board’s authority also allows it to impose fines on its own, in addition to those fines ordered by the court.  Even a first DUI can be deemed “unprofessional conduct” by some licensing boards, depending upon the surrounding circumstances. Conduct that is considered unprofessional can lead to disciplinary action, including suspension or loss of license.

If you are charged with a DUI, you need to seek the counsel of a professional license defense attorney right away.  Even a seasoned criminal defense attorney may recommend a course of action that can unknowingly jeopardize a medical professional’s license.

Remember a DUI is completely avoidable. If you have been drinking, always air on the side of caution and take a cab or public transportation. Or if you are planning on socializing with alcohol, consider having a designated driver who can ensure you make it home safely. If you are struggling with alcohol addiction, you need to get help. Addiction is a serious ailment that if not treated, can lead to other problems at the workplace and may ultimately interfere with patient care.

If you are a medical professional who has been charged with driving under the influence or is struggling with alcohol and/or drug addiction, don’t put your career at risk.  Contact the Sanger Law Offices at 785-979-4353 for a free and completely confidential consultation. The Sanger Law Office has experience defending medical professionals from the investigation to the hearing before the Kansas Board of Healing Arts. Do not risk your license further by failing to seek knowledgeable counsel. Trust the Sanger Law Office to aggressively defend you and fight for your medical license.

Five Ways to Jeopardize your Kansas Nursing License

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Everybody makes mistakes. However, some mistakes can have dire consequences. Today, nurses are under greater scrutiny than ever before. One serious misstep may not only lead to disciplinary action; it could also jeopardize a nurse’s license. The following are some of the more serious violations that could cost a nurse his or her license:

  1. Failure to Keep Accurate Patient Records: An important task for all nurses is to update and maintain patient records. An accurate patient chart is essential in order for a patient to receive proper care. A nurse that fails to record an extra dose of pain medication is not only putting her license at risk, but is also endangering the patient’s safety and well-being.
  2. Negligent Patient Care: Nursing is a serious profession where a nurse’s action or inaction can directly impact a patient’s care. Having a chaotic night or being assigned too many patients is not an excuse for improper patient care. Forgetting to give a patient the required medication can not only land a nurse in hot water with a supervisor, but, could also seriously harm the health of a patient. Nursing boards are established in part to protect the general population.  In fact, boards take allegations of abuse and neglect very seriously.
  3. Failure to Maintain Patient Confidentiality: Nurses not only need to know and understand HIPAA, they also must understand its application in the workplace. More than a few nurses have landed themselves in trouble after using Facebook and other social media sites as a medium to vent about difficult patients.
  4. Drug Abuse: Many licensing boards require a nurse who has a substance abuse problem to seek treatment. Failure to successfully complete a substance abuse program, could result in disciplinary action and ultimately the loss of license. Most states have programs especially designed for nurses with substance abuse problems. If you have a problem, get help.
  5. Diverting Drugs from Patients: A nurse who diverts drugs from patients is not only jeopardizing his or her license, but may also face criminal charges. This dangerous mistake can start off as innocuously as a nurse who pockets a few pain pills to treat her own aching back. From there it may progress to providing medications to family members or selling pills to a friend who is without medical insurance. Taking drugs from patients is a very serious offense. Tell friends and family members to look elsewhere.  Do not put your license at risk.

If you are facing an administrative board due to an allegation of improper conduct, you need an effective nursing license defense attorney to represent you. Contact the Sanger Law Offices at 785-979-4353 for a free and completely confidential consultation. You can count on our team of professionals to aggressively defend you before the Kansas Board of Nursing.

Kansas Chiropractors & How to Protect Your License

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As a licensed Kansas chiropractor, you want to spend your time providing your patients with the best care available. However, as a medical professional, this means you must delegate a portion of your time to protecting yourself and your practice from claims that could jeopardize your career and your license.  Avoiding claims does not need to be an all-consuming task. Here are seven common mistakes you need be aware of, so that you can continue spending time with patients instead of defending your chiropractic license from the Kansas State Board of Healing Arts:

 

  1. Keeping Inadequate Records: Like many professionals, chiropractors need to keep detailed patient records. When taking notes, chiropractors need to keep in mind that the information they include in a patient’s record can be just as important as the information they choose not to include.  For example, if a chiropractor includes that a certain procedure was done to the patient, in lieu of a more common procedure that was not done, it may be beneficial to include the reasoning behind his or her decision.
  2. Poor Patient Communication: Not enough can be said about the benefits of having happy patients. Happy patients can not only refer you to other patients, but they are also less likely to pursue claims against you. Make sure that you are spending ample time with each patient, answering any questions and explaining your reasoning for the prescribed course of treatment. If you have any doubt as to whether a patient understands the risks of a procedure, it may be a good idea to have them sign an informed consent form.
  3. Improper Management of Staff: Many chiropractors practice in small office type environments. Unlike medical professionals that work in hospitals and other large facilities, chiropractors are not only responsible for patient care but also management of their staff. Make certain that your staff is well trained and knows how to maintain professional boundaries with patients.
  4. Failing to Stay Current in the Profession: It is important for all chiropractors to stay up to date on the relevant law in addition to current treatments. Kansas, like most states, requires chiropractors to complete continuing education for license renewal. Failing to meet the requisite number of continuing education hours can be cause for disciplinary actions by the Board
  5. Not Knowing When to Say “NO”:  Certain patients are easier to work with than others. That is not to say that all difficult patients should be avoided, but if you feel that a patient has unreal expectations for treatment that cannot be managed, it may be time to end the patient relationship. The same is true if a patient’s required course of treatment is outside your current professional experience. Knowing when to turn away a patient can cost you much less in the long run.
  6. Failing to Meet Professional Requirements: Verify that your contact information and other pertinent information is up-to-date with your state’s licensing board. Failing to maintain this information is an easy way to invite licensing problems.
  7. Not having adequate malpractice insurance: You would not go without home owners insurance on your residence or automobile insurance on your vehicle. The same is true about medical malpractice insurance. Be sure to talk with a professional to make sure that you are adequately covered in case of a claim.

If you are facing disciplinary proceedings or are the subject of an initial investigation before the Board of Healing Arts, contact the Sanger Law Office today at 785-979-4353 for a free confidential consultation. At the Sanger Law Office we understand that your professional license is not just what you do, it is who you are, and that your livelihood depends on it. Trust our team of experienced professionals to aggressively defend your license.

Kansas Attorneys: Seven Deadly Sins

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Whether you are a solo practitioner or a partner at a large firm, the practice of law is highly demanding. In fact, it can be easy to let little things go by the wayside sometimes, especially when you are forced to be a multi-tasking maven.  Despite your hectic schedule, you want to be sure to avoid the following “seven deadly sins” at all costs.  These bad habits can lead to unhappy clients and worse, a possible inquiry by the Kansas Bar Association:

 

     1.  Not Returning Calls Promptly:  At the end of a busy day it can be tempting to leave the office with the light of your voicemail still blinking. However, fight the urge and return all calls the same day if possible. Most client complaints regarding their attorneys is over failing to return their phone calls. Even if you know the matter is not urgent, the client will feel better knowing that you addressed his or her concerns promptly.

     2.  Not Managing Electronic Communication: Attorneys are not the only ones living in a technically advanced world– clients live in it too! It is not uncommon for an attorney to open his or her inbox only to find hundreds of client emails. Explain to clients the priority you place on emails and that you may not necessarily respond to each email as you receive them.

     3.  Not Keeping the Client in the Loop: One reason for an unhappy client occurs when he or she does not feel like they know what is going on with their case. Keep a client in the loop by providing him or her with a written roadmap. In correspondence, set forth an overview of your legal strategy. Include what you are working on now and what they can expect to happen next.

     4.  Not Managing Client Expectations: Make sure the client understands the risks of litigation in addition to the possible rewards. All too often, attorneys find themselves in trouble when they do not deliver on lofty promises despite the attorney’s excellent work product. Remember that it is okay to tell a client that you cannot predict all outcomes. Rather, explain to clients the possible outcomes so that they can be prepared either way.

     5.  Not Being Clear about Retainer/Billing Practices: Nothing makes a client more upset than receiving a statement for services that the client does not believe is correct. Make sure that retainer clearly states how the client will be billed. Also, be sure to send regular billing statements so that the client is able to see how the retainer is being spent and how much remains in his or her account. If you are working on a flat-fee or a contingency fee basis, make sure that the client understands and signs a written retainer agreement.

     6.  Not Being Organized: It is easy with a busy calendar to miss recording a court date or a deadline. Make sure that you have a system in place so that all important dates are recorded. It is also best to have both a paper and an electronic version just in case your network experiences problems.

     7.  Biting off More than You Can Chew:  A good attorney wants to attract clients. However, this does not mean an attorney should take every case that comes through the door. Before taking a case, assess the finer points, including the subject matter of the case, the goals of the client and your experience level. Do not be afraid to pass on a case if you have any doubt that you are not up to the task or have a bad feeling about the potential client. If you would be the client’s third attorney and the client is talking about suing his previous attorneys, you may want to steer clear of that person.

If you are facing disciplinary proceedings before the Kansas Bar Association, you need an experienced and aggressive advocate to defend your professional license. The team of professionals at Sanger Law Office will make sure that your side of the story is told. I invite you to contact the Sanger Law Office today at 785-979-4353 for a free and completely confidential consultation.