Frequently Asked Questions about Nursing Board Hearings in Kansas and Missouri

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The nursing profession is committed to assisting in the care and to easing the suffering of patients stricken with physical and emotional illnesses and injuries.  The road to service in this noble health care role involves a commitment to education, practical training, and experience that often entails significant individual and family sacrifices.  Given the obstacles and challenges that must be overcome on the road to obtaining a nursing license in Kansas or Missouri, nurses facing allegations that jeopardize their professional license and livelihood should never have to confront such charges alone.

Lawrence Kansas Nursing License Attorney Danielle Sanger draws upon her extensive experience in the Kansas Attorney General’s Office as an Assistant Attorney General. She handled many professional licensing and disciplinary issues on behalf of the Kansas State Board of Nursing.  Our Kansas and Missouri Professional License Defense Law Firm has provided answers to frequently asked questions (FAQs) from nurses facing investigations and proceedings related to professional discipline and licensing:

How do unfounded charges become leveled against nurses?

The Kansas State Board of Nursing and the Missouri Board of Nursing is focused on its primary objective of protecting the public.  Unfortunately, overzealousness in pursuing this function can result in the rights of individual nurses being trampled.  Consequently, you need an attorney with experience handling nursing board cases defending your license and rights in front of the nursing board.  Because Ms. Sanger has extensive experience prosecuting these case, she has the experience and expertise to diagnose and defend against unjustified charges and to prevent disproportionate penalties.

What penalties can be imposed for nursing board violations?

A nursing board has fairly wide discretion when imposing penalties, but punishments most typically imposed include:

  • Public reprimands
  • Monitoring
  • License revocation
  • Monitoring
  • Restrictions on nursing activities
  • Probation of a license suspension
  • Administrative fines

What are the most common grounds for discipline imposed by the nursing board?

Broadly, the Nursing Board investigates two types of cases: (1) behavioral cases; and (2) practice-related cases.  While there are a wide range of facts and circumstances that might result in disciplinary charges, some of the more common examples include:

  • Drug and alcohol dependency
  • Falsification or lying
  • Standard of care violations
  • Engaging in a criminal offense
  • Theft
  • Other Acts intended to or likely to defraud the public
  • Mental health or psychiatric disorders

How do investigations by the Kansas State Board of Nursing (KSBN) get initiated?

The majority of disciplinary complaints against nurses are initiated by employers pursuant to the Risk Management Act.  Hospitals and other employers are required to report nursing conduct that deviates from the appropriate standard of care.  The reported conduct must have a reasonable probability of resulting in harm to a patient.  Employers also are obligated to report any conduct that might constitute a basis for discipline.  However, there are many other sources that can spur complaints including news media reports, law enforcement, court proceedings, family members of patients, individual health care providers, other agencies, and neighbors.  However, these reports can be used as a means of pursuing a personal vendetta since the agency does not identify the sources of reports.

Who conducts the investigations?

Complaints investigated by the KSBN are actually investigated by licensed nurses.  Each case is assigned to one of several investigators.

How long does the disciplinary process take?

The general rule is that the process will be wrapped up within approximately 6-9 months, but the process can drag on longer depending on the specific facts and circumstances.  Factors that can slow the resolution process include uncooperative witnesses, slow responses to requests or subpoenas for records and documents, challenges in locating witnesses, and similar issues.

Kansas Professional Licensing Lawyer Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your nursing license.  If you are facing allegations of misconduct or substandard care by the nursing board, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas.  We invite you to call us today for a free consultation at 785-979-4353.

Understanding Your Rights and the Administrative Process in Kansas KSBN Discipline Proceedings

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If you have dedicated the time and effort to obtain a license as a Registered Nurse, Licensed Practical Nurse, or Licensed Mental Health Technician in Kansas, you understand the sacrifices involved in joining the nursing profession.  Unfortunately, the Kansas State Board of Nursing (KSBN) investigates 2,300 disciplinary cases per year.  Since there are about 70,000 individuals currently licensed by the KSBN, the agency investigates allegations and potential discipline against 3 percent of its licensees annually.  If you are facing the prospect of disciplinary action against your license, it is important to understand the process and your rights.  Because Danielle Sanger often represented the KSBN when she was an Assistant Attorney General, she understands the disciplinary process, potential resolutions of allegations, and the best strategy to oppose or mitigate licensing penalties.

The KSBN might receive a complaint or notification that indicates a licensee might have committed a violation of the Kansas Nurse Practice Act (KNPA), which defines the scope of nursing practice and delineates impermissible acts.  If the actions of a nurse are alleged to be inappropriate, the KSBN has the legal power to gather information and investigate the allegations.  When the KSBN receives a sworn complaint, investigation of the allegations is mandatory.  The agency will commence an administrative action against the licensee if the investigation yields evidence that the allegations have merit.  The board can impose a range of penalties depending on the facts and circumstances, which include denying, limiting, suspending, revoking, and/or publicly or privately censuring a licensee.

While the impact of adverse action against an individual’s license can have a devastating impact, the financial impact can be even more damaging because significant fines can be imposed. A nurse hit with a first offense can face a $1,000 fine.  This fine amount doubles for a second offense and rises to $3,000 for subsequent offenses.

Because a nursing license is a “property right,” a licensee is entitled to certain constitutional protections.  Hearings and procedures involved in disciplinary proceedings against a licensee are governed by the Kansas Administrative Procedure Act (KAPA).  The KAPA is a group of statutes that articulate the procedures by which the KSBN should abide. The procedures specified are designed to ensure that an individual threatened with loss of a nursing license, which is a protected property right, receives due process.  Ms. Sanger tenaciously defends these rights, which include but are not limited to the following:

  • Right to a fair and impartial hearing
  • Right to cross-examine and subpoena witnesses
  • Right to offer and attack evidence
  • Right to legal representation
  • Right to reasonable notice

The formal disciplinary process can begin in one of two ways.  The first process involves the licensee receiving a “Summary Order” document.    This form will specify the alleged factual and legal basis for potential discipline against the licensee.  If you disagree with the allegations, you have the right to request a hearing to challenge the complaint.  Alternatively, you might receive a petition making legal and factual allegations and requesting that specific penalties be imposed.

Sometime after the request for a hearing or the Petition from the Attorney General’s office, the licensee will receive a notice of hearing. This notice of hearing is extremely important and must be dealt with promptly.  The document will indicate a date and time to appear to oppose the allegations made against the licensee.  Failure to appear, obtain a continuance, or contact the KSBN will result in the matter proceeding on a default basis, so penalties are imposed without you ever having your side of the dispute considered.  Discovery occurs in the administrative proceedings similar to litigation, so you have the right to request statements and documents that provide relevant information and evidence.

While the evidence that will be considered will depend on the specific case, the types of information that will be weighed if the allegations involve fitness to practice include but are not limited to the following:

  • Current moral fitness
  • Potential risk to public health and safety
  • Maturity, experience, and character
  • Efforts toward rehabilitation
  • Skill and competence
  • Type and severity of alleged misconduct
  • Consciousness of any wrongdoing and impact on the profession
  • Present conduct
  • Amount of time since alleged misconduct or a criminal conviction

Based on the evidence introduced, the entire board, a panel, or hearing officer will provide a written order that includes factual findings and conclusions of law to support any sanctions imposed, which will be served on both parties.  The notice will indicate an effective date and provide a timeline for submitting a notice of appeal.

If your nursing license is in jeopardy, Kansas Professional Licensing Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your law license.  If you are facing a complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.

 

Kansas Professional Licensing Defense Attorney Recent Examples of License Revocations by Missouri State Board of Nursing

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There are many reasons that nurses can have their license threatened, but the grounds usually involve standard of care issues, substance abuse, and/or criminal convictions.  We have discussed these types of scenarios in a hypothetical sense in past blog posts.  However, sometimes the best way to develop a genuine feel for scenarios that end up resulting in a license suspension or revocation is to look at actual adverse actions taken by a nursing board.  This blog provides an overview of actual recent administrative cases that resulted in the suspension or revocation of a nursing license.  Because there are so many cases involving the theft or misuse of narcotics with similar fact patterns, these cases are not discussed below.

Failing to Respond to a Complaint

A nurse’s license was revoked by the Florida nursing board when she ignored an administrative complaint.  The actions constituted conduct that would merit discipline in Missouri where she was currently practicing.  The nurse contended that she did not oppose or respond to the allegations because she had no plan to return or ever practice nursing again in Florida.  She also contended that she thought the Missouri Board of Nursing would reinvestigate the issues, relieving her of the need to respond to the Florida complaint.

Fraud or Misrepresentations of Licensing

Example 1: During 2011, the facility that employed a nurse discovered that her license had lapsed during a routine license check of employees.  The check, which was performed in 2011, revealed that the nurse’s license on file expired in January 2009.  The nurse submitted a “copy” of a purported “license” that was allegedly issued by the Missouri State Board of Nursing with an expiration date of May 31, 2012.  However, the document was determined to be falsified because the board stopped including dates on licenses on January 1, 2010.  Further, the person named as the Director of the Division of Professional Registration, who signed the document, actually left the agency prior to the date the license was allegedly executed.

Example 2: The licensee voluntarily surrendered her vocational nursing license in Texas.  When re-applying for a practical nursing license in Missouri, the licensee indicated she held a license in Louisiana with no disciplinary actions against the license but failed to disclose the Texas license and discipline.

Failing to Call NTS or Provide Samples for Drug Testing

There are many license suspensions and revocations based on the failure to call into the NTS in a timely manner and failing to provide a urine sample for screening when designated to provide such an exemplar.  The failure to comply with probation terms after an initial disciplinary matter constitutes the largest number of actual cases of license revocation in Missouri.

Criminal Convictions

Example 1: The Licensed Practical Nurse pled guilty to a misdemeanor for passing a bad check and was convicted based on the entry of two separate guilty pleas on separate occasions within a seven month period.  The criminal convictions came to light when the nurse failed to comply with a hospital policy requiring two nurses to sign off on the delivery of narcotics.  The nurse also charted the administration of hydrocodone on multiple occasions before the prescribed period of time had elapsed without a 2nd nurse’s signature.

Example 2: When her original application for a license was submitted, the nurse failed to disclose that her license had previously been revoked for a criminal conviction. After her license lapsed which necessitated an application for renewal.  The renewal was granted based on misrepresentations and fraud.  Her license was eventually revoked after NURSYS submitted a complaint because of her previous out-of-state convictions for possession of a controlled substance and carrying a concealed weapon.

Example 3: The respondent was accused of using the social security number and identification information of three patients.  One of the patients reported that the nurse used the information of a deceased relative to open a cell phone account.  The nurse’s license was revoked after the nurse was convicted of the Identity Theft, which constitutes a Class C Felony.

These are just a handful of examples of license revocations recently issued in Missouri.  If you have questions about your specific situation, we invite you to contact us for a confidential initial consultation.  If your nursing license is in jeopardy, Professional Licensing Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your nursing license.  If you are facing a complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.