Kansas Attorneys – Proper Supervision of Law Firm Staff Members

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As attorneys, we know how essential our employees are to the success of our law practices.  Legal assistants, paralegals, legal secretaries, receptionists, and other employees play a key role in ensuring a law practice is functioning at its full capacity.  Many law firm employees may have sufficient experience and knowledge to take on certain tasks, however, attorneys must always be careful about what their staff members are and are not authorized to do. 

Sometimes it is difficult to define what form of conduct is considered the practice of law, and this can leave attorneys in a troubled situation if a law firm employee’s conduct has crossed the line and violated the professional rules of conduct.  The lines become particularly blurry when non-attorney staff members are assigned to the task of maintaining general contact with clients.  A client may call and ask a legal assistant or paralegal a question that can only be answered by an attorney.  If the legal assistant or paralegal answers the client’s question, the client may take that answer as authoritative legal advice. 

For example, if a client calls asking if his or her case is likely to settle, and for what amount, and the non-attorney staff member responds with a ballpark figure, this is information the client may believe to be true, and the attorney may be held responsible for failure to properly supervise his or her employees.  Providing settlement figures or the likelihood of success of a particular case are tasks left only to licensed attorney. 

It isn’t always easy for attorneys to speak with their clients on a frequent basis when they are busy working on other matters.  As such, law firm employees can provide clients with general updates on their cases so that they do not feel neglected, but they must do so in a way that does not constitute the unauthorized practice of law.

Preventing the Unauthorized Practice of Law

When non-attorney employees give legal advice to clients, they are essentially practicing law without authority.  To ensure that your employees fully understand what their bounds are, and that you are ultimately responsible for their conduct, you need to make it very clear from the time of employment that only attorneys can discuss substantive legal matters with clients.  If clients have questions that non-attorney employees cannot and should not be answering, the clients should be told that an attorney will follow-up and answer the client’s legal questions.

Further, your clients need to be aware of what your law firm employees’ bounds are.  Your clients will then have a better understanding of what role you have and what role your employees have in the attorney-client relationship.  Attorneys should place an emphasis on working closely with their employees to develop a strong relationship where each and every team member has no question as to what they are and are not authorized to do on behalf of the law firm.         

Contact Danielle Sanger of the Sanger Law Office Today to Schedule a Free Consultation

Facing disciplinary action and the possible loss of your Kansas law license is a stressful and frightening experience.  You deserve a compassionate and hardworking professional license defense attorney to advocate on your behalf.  At the Sanger Law Office, Kansas Professional Licensing Attorney Danielle Sanger devotes her law practice to defending the rights and interests of Kansas attorneys and other professionals who may be at risk for losing their professional licenses.  As a former Assistant Attorney General of Kansas, Danielle Sanger has the skill and experience necessary to help you overcome the challenges you face.  To schedule a free consultation with Danielle Sanger, call the Sanger Law Office today at (785) 979-4353.

 

Kansas Healthcare Professionals – Maintaining Complete Medical Records

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In today’s technological world, nearly every important document is now in electronic format.  People can “e-sign” documents now, eliminating the need to spend the time, energy and money into making paper copies of every document.  Many healthcare providers, such as physicians and hospitals, are transitioning from tangible, paper copies of medical records, to a completely electronic system that makes it easier for healthcare professionals and patients alike to access important medical information.  Along with the transition from hard or paper copy documentation to electronic documentation comes the added responsibility of ensuring that all medical records are complete and accurate.

How Can Kansas and Missouri Healthcare Professionals Get in Trouble?

As a healthcare professional, if you are not aware of the particular rules and regulations regarding how to maintain medical records, such as checking them for accuracy, you could be held responsible if important information is omitted from a patient’s record, whether intentionally or accidentally.  For example, if you are a nurse and it is your job to ensure a physician has a complete list of a patient’s medication, and you fail to check the accuracy of the medication list, that patient’s health could be at risk if he or she does not receive a prescribed medication.

Further, medical records don’t simply involve just a physician or nurse’s notes and/or recommendations for a patient.  For example, when patients undergo procedures that require the implantation of a particular device (such as a hip replacement), there is always a “product sticker” that is supposed to be placed or recorded in some fashion along with the patient’s operative report and related medical records. 

Oftentimes, hospital staff may forget to include this product sticker which essentially documents that a particular patient did in fact have a hip replacement.  This can be troublesome for many patients if they require specific documentation relating to their hip implant in the future.  While an operative report may clearly document that a procedure was performed, the medical record is not complete without documentation of what type, brand, and model of the device was implanted. 

We all make mistakes, and small errors in medical records are unlikely to result in disciplinary action or the revocation of your professional license unless the error caused some sort of substantial harm to the patient and/or other healthcare professionals.  However, what may seem like a small mistake (such as failing to document the type and brand of hip implant placed into a patient, as discussed above), could lead to a whirlwind of problems down the line.  The omission of this type of documentation may require the hospital or physician to complete an affidavit that shows what type of product was implanted during a hip replacement procedure.  An affidavit may be sufficient to cure any medical record inaccuracies, but it is always best to strive for having a complete medical record from the start.

The bottom line for Kansas and Missouri healthcare professionals today is that there is a strong push for ensuring that medical records are extremely thorough and complete.  The more complete a medical record is, the less likely healthcare professionals are to face potential disciplinary action and the loss of a hard-earned professional license.   

Contact the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas or Missouri licensed healthcare professional and you may be facing disciplinary action with the Kansas or Missouri Board of Healing Arts, and/or your license is at risk, it is imperative that you speak with a Kansas or Missouri professional license defense attorney right away.  A qualified Kansas Professional Licensing Attorney can help you keep your professional license and practice as a healthcare professional for years to come.  Attorney Danielle Sanger of the Sanger Law Office devotes her entire law practice to helping Kansas and Missouri professionals whose licenses are at risk.  As a former Assistant Attorney General of Kansas, Danielle Sanger knows what to expect from the Board of Healing Arts.  To schedule a free consultation with Danielle Sanger, call the Sanger Law Office today at (785) 979-4353.

 

Kansas Cosmetology Professionals – How Your License Can Be Revoked

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Whether you are a hair stylist, makeup artist, or a hair removal specialist, among other cosmetology professions, you understand that you must follow certain rules and procedures as a condition for having a Kansas cosmetology license.  While you are taught in school what the limits of your cosmetology license are, and what conduct may be grounds for revocation of your license, there are always things you may not be aware of that could lead to the loss of your cosmetology license.  If you gain a full understanding of what your license allows you to do, and what conduct is prohibited, you will be able to avoid the potential loss of your cosmetology license.

Kansas Board of Cosmetology – Grounds for Revocation of Your Cosmetology License

The Kansas Board of Cosmetology follows state rules and regulations to govern the conduct of all Kansas cosmetology professionals.  These rules and regulations are intended to protect the public welfare and ensure Kansas cosmetologists are operating in a sanitary, professional and safe environment.

Conduct that may lead to the loss of your cosmetology license under KSA § 65-1908 includes, but may not be limited to, the following:

  • Failure to comply with sanitation standards, such as having an unclean workspace or not properly sterilizing cosmetology equipment and/or devices;
  • Becoming a danger to the public because of alcohol or drug abuse;
  • Being convicted of a felony (unless the licensee demonstrates to the Board of Cosmetology that he or she is capable of working as a professional cosmetologist, that he or she has been rehabilitated, and that he or she is not a danger to the public);
  • Obtaining or attempting to obtain a cosmetology license by fraud or bribery;
  • Advertising in a false or deceptive way;
  • Gross negligence or unprofessional conduct, which can be very broad; or
  • Having a license revoked, suspended or limited, or having any other disciplinary action taken against you in another state or United States territory.

Most people are aware that many of the things listed above would certainly put your license at risk.  However, some of the above-listed issues may be questionable, and you may be accused of something you did not do.  In such cases, you should consult with a Kansas professional license defense attorney who can investigate your situation and fight for your ability to keep your cosmetology license. 

In particular, gross negligence, unprofessional conduct, and allegedly advertising yourself in a false or deceptive way are things that are subjective.  These are issues that must be fully investigated as it is not adequate to accuse a licensee without sufficient evidence.  If you have been accused of such conduct, you will need to prove to the Board of Cosmetology that you deserve to keep your Kansas cosmetology license, and this can be done with the help of a devoted and skilled professional license defense attorney.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If your Kansas cosmetology license is at risk, you should speak with a Kansas professional license defense attorney as soon as possible.  The rules and regulations governed by the Kansas Board of Cosmetology can be very confusing, but with the help of a qualified attorney, you will have a better understanding of what authority your cosmetology license gives you.  Professional Licensing Attorney Danielle Sanger of the Sanger Law Office advocates for her clients to the fullest extent possible, helping them retain their Kansas professional licenses.  Danielle Sanger is a former Assistant Attorney General of Kansas, with the skill and knowledge to help you reach the best resolution possible.  To schedule a free consultation to discuss your matter, contact the Sanger Law Office today by calling (785) 979-4353.

 

Kansas Pharmacy Professionals – What Are the Most Common Pharmacy Errors?

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Pharmacists rely on the assistance of pharmacy technicians to ensure prescriptions are filled accurately and timely for patients.  Pharmacy technicians have close contact with patients and they are often the only people that patients end up speaking with, unless a patient specifically asks to speak with a pharmacist.  All pharmacy technicians are supposed to ask patients if they have any questions for the pharmacist about the medication they have been prescribed.  This routine ensures that both pharmacists and pharmacy technicians are providing patients with an opportunity to find out more about the medication that is being taken. 

This is only one example of how pharmacy staff members work together to provide the best care possible for patients.  When certain standards or protocols are not followed, patients are at risk for suffering harm, as described below.

Common Errors Made By Pharmacists and Pharmacy Technicians

Pharmacy errors made by both pharmacists and pharmacy technicians include, but are not limited to, the following:

  • Dispensing the wrong medication to patients (i.e., by failing to confirm that the patient’s name is correct, that the patient’s date of birth is correct, and/or that the patient’s address and phone number are correct);
  • Dispensing the wrong dose of a particular medication;
  • Dispensing expired medication (i.e., failing to look at the medication’s expiration date);
  • Failing to consult with patients if there is a potential drug interaction, or drug side-effects that the patient needs to be aware of;
  • Failing to ask a patient if he or she has questions about the medication being prescribed; and
  • Failing to follow-up with the prescribing physician if information seems unclear about a particular patient’s medication.

Oftentimes, pharmacists and pharmacy technicians who make any of the errors above, do so without any negative consequence to a patient.  For example, if the wrong medication is dispensed, the patient will likely figure this out if his or her name is not actually on the prescription bottle.  However, even if the error is minor and is not likely to lead to any significant harm to patients, the potential for significant harm is enough to take every step possible to prevent any of the above errors from occurring.

It is important to understand that everyone will make a mistake at some point, and making a mistake does not in itself mean that you may be at risk for losing your Kansas professional license.  However, it is also important to have an understanding of what your rights and obligations are as a Kansas pharmacist or pharmacy technician.  With the assistance of an experienced Kansas professional license defense attorney, you will know how to address pharmacy errors and will know what action you need to take to avoid the potential loss of your professional license.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas pharmacist or pharmacy technician and your license is at risk or you are facing other disciplinary action, you should seek the advice of an experienced Kansas professional license defense attorney as soon as possible.  With your career at stake, you need an advocate by your side to help you keep your Kansas professional license.  As former Assistant Attorney General of Kansas, Danielle Sanger of the Sanger Law Office provides her clients with the best representation possible.  Danielle Sanger devotes the same amount of close attention and dedication to each and every client to ensure she is able to reach the best resolution possible that prevents the loss of a professional license.  To schedule your free consultation with Danielle Sanger, contact the Sanger Law Office today by calling (785) 979-4353.