Professional Responsibility for Attorneys in Kansas and Missouri – The Continuing Duty to Disclose

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Obtaining your law license is no easy task.  You have taken the time to acquire an undergraduate degree.  You have spent three more years of your life in law school.  And you have taken a grueling summer to prepare for the hardest examination of your life – the all familiar bar exam.  After earning a well-deserved law degree and license to practice law, one small mistake could wipe it all away.  Mistakes happen, small and large.  Many attorneys do not realize the importance of reporting and disclosure requirements – a continuing duty that lasts as long as you are an attorney.

In both Kansas and Missouri, the character and fitness process of disclosing prior conduct, whether such conduct resulted in a criminal charge or conviction, or whether past conduct resulted in a perceived character flaw, is essential to obtaining a law license.  The range of conduct and information that disciplinary boards want to know about is far reaching, and many people may consider some conduct to be so insignificant that it would not be worth sharing.  This slight mistake could cost you your law license.

For example, maybe you cheated on one law school examination and did not disclose this to the disciplinary board in your state.  If the board finds out about this conduct after you have obtained your license, you are at a significant risk for losing your law license and it may be difficult, if not impossible to get the license back.

While full disclosure is of utmost importance in the application stage of obtaining your law license in Kansas or Missouri, disclosure of conduct that occurs after you obtain your license is equally important.  Maybe you were accused of harassment or charged with driving under the influence of alcohol or drugs.  Even if you may be innocent of either accusation, you still must disclose that you are the subject of some investigation.  When in doubt, it is best to disclose to the disciplinary board of your state.  The board is more likely to look at your case more favorably should an investigation result in an affirmative charge or conviction.

Further, the conduct at issue may not be intentional.  Perhaps you accidentally commingled client funds with your own funds.  The first thing you should do is remedy the situation by informing your client and your state’s disciplinary board.  You will be given the opportunity to explain yourself.  Mistakes happen, but you must be honest and eager to fix them.

Accidental conduct that is not reported could be deemed to be intentional conduct if your state’s disciplinary board were to receive a complaint from a client.  At that point in time, you may have a much more difficult time convincing the board that you made a simple mistake.  Be on the safe side and report any conduct that may, even with a slight chance, result in disciplinary action.  Don’t lose your law license for a minor mishap.

If you believe your law license is at risk, or you are unsure of whether you need to report conduct to your state’s disciplinary board, contact an experienced professional license defense attorney as soon as possible.  At the Sanger Law Office, Danielle Sanger and her team will provide you with the representation you need to protect your law license.  Even if a complaint has not been filed against you, it is best to get the advice of a qualified professional license defense attorney who will ensure you take the proper steps to preserve your hard-earned license as an attorney.  Contact the Sanger Law Office today for a free consultation to discuss your situation.  We can be reached by calling (785) 979-4353.  We look forward to helping you continue the practice of law for years to come.

Improper Prescribing Practices in Kansas – The #1 Reason for Being Subject to Disciplinary Action

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The pharmaceutical industry is booming.  Physicians are prescribing patients with a variety of medications today to treat an array of health issues, ranging from minor allergies to severe anxiety disorders to pain management.  Most Kansas citizens have at least one prescription medication and many have multiple prescriptions.  While there are patients who are in need of medication, many physicians are over-prescribing and allowing patients to take medications they may not really need.

The Kansas State Board of Healing Arts takes improper prescribing very seriously.  Physicians are often disciplined for their prescribing practices and are at risk for losing their licenses to practice medicine.  In fact, overprescribing is the number one reason physicians are disciplined in Kansas.  Physician prescribing practices are under a close microscope and physicians must be extremely careful in how they prescribe medication and to what patients.

Selling pharmaceuticals is a big business.  It is not surprising that many physicians feel the need and pressure to prescribe particular medications.  Pharmaceutical drug representatives encourage physicians to promote their company’s drugs.  The drive for generating revenue in the pharmaceutical industry has spilled over into the physician-patient relationship.  You want what’s best for your patient, and when there’s a medication for most ailments today, it is difficult to end a patient appointment without giving that patient a prescription for some medication.

There are many reasons to be wary of what you prescribe to patients and how often.  Addiction is a big problem that many patients suffer from and this typically involves the use of pain medications, but not always.  Any medication that may impair a patient’s ability to function that is potentially addictive can have severe consequences for both the patient and you, as the physician.

For example, if you believe a patient has an addiction to pain medication yet you continue to prescribe the medication, and the patient ends up harming a third-party in a car accident or other altercation, the patient may place the blame on you for giving the patient a medication that you know the patient is addicted to.  Obviously, you did not directly harm the victim of the car accident.  However, the patient may look to blame anyone else but him or herself.  This may result in the patient filing a complaint with the Kansas State Board of Healing Arts, and before you know it, you are the subject of an investigation.

Further, pharmacies are now keeping track of controlled substances that are being prescribed.  This tracks not only the patient’s use of the drugs, but the physician who is prescribing the controlled substance.  This may alert the Kansas State Board of Healing Arts that you are a physician that prescribes particular medications on a regular basis to many different patients.

With the technology today, you, as a physician, should assume that every move you make is being tracked.  You should use your best judgment as a medical professional and prescribe medication when you believe your patient truly needs it and the medication is the best of any option for treatment.  But, if you find yourself prescribing medication for nearly every patient, and especially prescribing any medication that may alter or impair a patient’s behavior, be aware that you may be subject to disciplinary action and your medical license could be on the line.

If you are a physician who has received a notice of potential disciplinary action due to improper prescribing practices, or if you want advice on what constitutes proper prescribing practices, contact an attorney experienced in the field of defending licensed professionals.  Danielle Sanger of the Sanger Law Office has the knowledge, drive and expertise to defend you and help protect your medical license in the state of Kansas.  The Sanger Law Office will provide you with a free consultation.  Contact our office today to schedule an appointment by calling (785) 979-4353.  Danielle Sanger will help you understand your responsibilities for practicing medicine in Kansas.

The Ethical Dilemma for Plaintiff’s Attorneys in Kansas and Missouri – Paying for Your Client’s Medical Care

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Most plaintiff law firms offer services on a contingency fee basis.  Therefore, if a client does not win his or her case, the law firm does not make any money from work performed on that particular case.  Today in the area of mass torts, where law firms acquire thousands of clients for one particular type of cause of action (often in the area of defective drugs or devices), clients are in need of medical care that is costly and not affordable.

Whether you practice law in Kansas or Missouri, you are subject to the same rules regarding payment for medical care your clients may need.  As a general rule of thumb, you cannot use firm funds to pay for a client’s medical care.  An exception arises where a client needs a consult with an expert and this consult is essential to establishing causation in a particular case.  Even then, the lines are blurred as to what is acceptable under the state rules of professional conduct.

A new dilemma is on the horizon where clients involved in mass tort litigation have procedures done that strengthen their causes of action against the manufacturer of particular drugs or devices.  In the case where a particular medication is alleged to cause heart-related injuries, it may be found that clients who must undergo heart surgery that stems from the use of the drug, are more likely to obtain greater compensation than those clients who do not need to undergo surgery.  The situation is the same for clients who may need surgery to address a defective hip or knee implant.

If you are a plaintiff’s attorney practicing law in the area of personal injury, medical malpractice, or mass torts, you know all too well that clients will call asking for assistance in paying for medical care.  You also know that you are not ethically authorized to assist in payment.  But what you may not know is that you could be at risk for discipline if you steer a client in a particular direction for obtaining needed financing to cover the cost of medical care.

There is an abundance of settlement and pre-settlement lending companies out there that are enticing clients to seek help by obtaining a loan.  As this industry expands, question marks will be raised as to whether or not it is ethical for attorneys to refer their clients to particular lending companies.  As of right now, it is unclear whether or not attorneys can direct clients to obtain pre-settlement or settlement loans to cover the cost of medical care that may help the client’s case.  An attorney may genuinely want to help his or her clients receive necessary medical care, however, if the medical care is found to increase the value of the client’s claim, there may be a legitimate argument that attorneys are encouraging their clients to receive medical care only to strengthen their legal claims.

If you are a plaintiff’s attorney and you are concerned about whether or not you may be subject to discipline for referring your clients to pre-settlement and settlement lending companies, you need the advice of a professional license defense attorney who can counsel you on your ethical responsibilities.  Contact the Sanger Law Office for a free consultation by calling (785) 979-4353.  Danielle Sanger will advise you on what conduct may lead you to lose your law license.  Don’t take the risk that you will be free from disciplinary action simply because the rules are unclear.  Contact our office today before you take action that may compromise your career as an attorney.

Supervision Requirements for Veterinary Technicians Performing Dental Procedures in Kansas

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Veterinary Technicians (VTs) are educated and experienced individuals who may be able to perform dental procedures on animals, such as teeth cleaning, with little or no assistance from anyone else.  As veterinarians become busy, they may leave many responsibilities in the hands of their trusted VTs.  While many VTs are competent to perform dental procedures without supervision, licensed veterinarians open the door to potential misconduct and liability for failing to adequately supervise VTs during dental, and other veterinary procedures.

In Kansas, as in all states, VTs are allowed to offer veterinary services and perform certain procedures but can only do so with supervision of a licensed veterinarian.  Veterinarians in Kansas must adhere to a strict set of standards in order to maintain their license to practice veterinary medicine.  A huge responsibility licensed veterinarians have is to properly supervise VTs and other veterinary staff.

Like most doctors’ offices today for people, veterinary offices are extremely busy and often short-staffed in terms of the number of licensed veterinarians available to see patients and perform procedures.  It becomes all too easy to rely on qualified VTs to see patients and perform procedures in place of licensed veterinarians.  For example, on a very busy day, a VT may be performing a dental procedure while the only licensed veterinarians on hand are seeing patients.  If those veterinarians are busy seeing patients, who is supervising the VT during the dental procedure?

Licensed veterinarians in Kansas must be aware that at no time can a VT be left alone when performing a procedure.  This will require veterinarians to put some patients on hold so that a VT can be adequately supervised.  This may upset some patients for having to wait longer to see a veterinarian, but compliance with all rules and regulations promulgated in the state of Kansas take precedence over ensuring patients are not frustrated with a little extra wait time.

As a licensed veterinarian in the state of Kansas, you likely have been in the situation where there simply aren’t enough veterinarians in your office to supervise all VTs while procedures are being performed.  It is no easy task to properly comply with all rules and regulations.  But, the one time you may leave your VT alone during a dental procedure could be the time when error occurs that may have been prevented had there been proper supervision.  The chance of error may be so low that you feel the benefit of leaving the VT alone outweighs the cost of you making a patient wait an extra thirty minutes.  In any professional field that requires a license, no rule is minuscule, especially rules regarding supervision of lower level employees and professionals.

If you are a licensed veterinarian or a veterinary technician and you are the subject of a complaint, or if you simply want some guidance on the rules regarding supervision, contact the Sanger Law Office today.  Danielle Sanger is a professional license defense attorney with experience on both the side of prosecuting professionals for misconduct and defending professionals to help them keep their licenses.  Contact the Sanger Law Office for a free, confidential consultation, by calling (785) 979-4353.  Danielle Sanger will defend your veterinary license by investigating your case thoroughly and ensuring that your rights are protected.  If you simply are concerned that you may not be in compliance with the supervision rules of veterinary practice, Danielle Sanger can advise you on how to effectively supervise your veterinary technicians during dental, and other procedures in your office.  If you are unsure of whether or not you are following the rules, contact us today before a small mistake strips you of your veterinary license.