Kansas And Missouri Professional Licensing Attorney Reminds Radiologists Of Their Ethical Obligations When Testifying

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Professionals from all walks of life can lend their expertise to the judicial system as an expert witness. In Kansas and Missouri, as well as in other courts across the country, courts allow experts to give evidence about matters of which they have superior knowledge that the average person, i.e. juror. The expert must be qualified to give an opinion based upon their academic study and practical training. In fact, anyone can be an expert witness and the expert witness responsibility is to educate the jury or judge about a topic.  To prove that point “Mona Lisa Vito” from the comedy My Cousin Vinny comes immediately to mind. Ms. Vito, however, was not bound by ethical rules as are professional licensees. The failure to adhere to the ethical standards of a profession when testifying is cause for professional discipline. Great care must be given, therefore, to the rules when testifying. If you must contact a professional licensing attorney if you are facing professional discipline based on testimony, you have given in court.

The American College of Radiologists (ACR) is a professional organization to which licensed radiologists belong. The ACR published the ethical rules a radiologist must follow when performing her duties. The ACR also promulgated ethical considerations for radiologists when testifying as an expert witness. The radiologist expert witness must review these rules before testifying. It is advisable that the radiologist digests these rules soon after they have been retained to testify. Learning the rules early in the process will avoid ethical questions during the discovery phase of the case, such as a deposition or during the trial itself.

Testifying requires bearing in mind several considerations the ACR believes is necessary to uphold the ethical standards of the profession. Even though the expert witness is retained by one of the parties to a case, the ACR requires the radiologist to remain fair and impartial at all times. The ACR stated its desire to have unbiased witnesses testify. Impartial witnesses lend instant credibility to the expert’s opinion. Additionally, the radiologist must be familiar with the standard of care in the community, if the case involves medical liability, such as in a malpractice case.  Additionally, the expert must review all of the necessary materials to be well educated on the subject matter which is the topic of the testimony. The radiologist should review all original copies of images to be certain that the image is the highest quality available. If not, the radiologist must review clean and clear copies of the original.

One of the duties of an expert witness is to provide an opinion and be fully prepared to defend their position.  Consequently, the ACR demands that the expert must make certain the opinion is scientifically valid. Additionally, the opinion must be one that is capable of peer review and has been tested. Most importantly, the radiologist must correctly apply the scientific theory correctly to the facts of the case.  The expert has an obligation to testify about his or her limitations on their personal knowledge as well as the general acceptance in the medical community of her opinion.

Compensation of the expert is always a live issue. Compensation must be reasonable and reflect the time and effort put into the case. Testifying on a contingent basis, i.e. getting paid only if the party who retained the expert is successful is unequivocally unethical.  ACR members must also be aware that peers may review their testimony from the ACR.

A Professional Licensing Attorney Understands The Role Of An Expert Witness

Kansas and Missouri Professional Licensing Attorney Danielle Sanger is dedicated to defending you if you face professional discipline. You should contact Attorney Sanger immediately if you received notice that you face professional discipline. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas And Missouri Professional Licensing Attorney Discuss The Opioid Crisis In Dentistry

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The American Dental Association (ADA) takes an active role in bringing awareness to its members about treating dental pain with prescription painkillers. The ADA recently discussed dentists’ responsibility to uncover drug-seeking behavior as well as emerging trends on how to handle patients with a sensitivity to or a history of opioid addiction.  The failure to adequately address the potential for opioid addiction has the potential to create an ethical dilemma for the practitioner.  If you are a dentist encountering professional discipline in Kansas or Missouri for prescribing narcotics to patients, then you need to contact a seasoned professional licensing attorney to fight for you.

The ADA concisely set forth the role of the dental professional relative to pain management and the potential for addiction. Access to leftover causes a significant portion of the opioid epidemic or unused prescriptions are falling into the wrong hands. The ADA warns its members to avoid prescribing painkillers for a period longer than necessary. For instance, the ADA indicated that dentists should prescribe painkillers for 2 to 3 days after implant surgery. If possible, the precise dosage should be given. Studies have proved that some flexibility is required with the prescription dosages because some patients genuinely need the medicine, twenty-four percent (24%) of patients reported that they continued to take the painkillers for more than ten days after the surgery.

Overprescription is a problem as well. Some patients, as stated above, experience excessive pain and require a longer course of pain medication. Notwithstanding, prolonged pain is indicative of an underlying medical problem such as an infection. Infections can be treated with antibiotics and once alleviated; the pain should subside. Consequently, the patient no longer needs the painkiller. The ADA considers good dental practice to be one in which the dentist prescribes a short course of painkillers and carefully examines the patient and evaluates the need to prolong the course once the prescription has ended.

The ADA considers dentists to be in a unique position in their patients’ lives to assess drug abuse. Dentists should evaluate their patients’ behavior and determine whether the patient is actively seeking drugs. The dentist can educate their patient and help that person obtain necessary services to combat any addiction problem.  To that end, the ADA encourages its members to engage in a discourse designed to discuss the patient’s substance abuse history.  The ADA is advocating for dentists to receive remuneration for this service. Currently, dentists cannot bill for these interludes because they are not part of the dental hygiene regimen.  A recent survey showed that twenty-three percent of patients reported a history of substance abuse when screened during a visit. Practitioners then had the chance to refer their patients to other health care providers. The study proves that early intervention can prevent continued opioid dependence.

The ADA takes an unequivocal stance on drug seeking behavior. The ADA has opined that a dentist violates the dental code of conduct by prescribing opioid-based medication to an addicted patient. Additionally, the dentist has an ethical obligation to discuss the dentist’s suspicion of drug abuse and offer referrals for treatment. The ADA suggests that the dentist should be delicate when addressing this issue with their patient. Also, the ADA encourages its members to elicit help from their staff in identifying drug addicted patients. The ADA recognized that patients sometimes open up to staff more readily that to the dentist. Accordingly, the staff is in a unique position to inform the dentist of what they learned and determine the appropriate course of action.

Beware of the signs of addiction

If you or a member of your staff are facing professional discipline in Kansas or Missouri from prescribing painkillers, you need an experienced and dedicated professional licensing attorney to fight for you. Call Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger has dedicated her professional life to protecting yours.

Kansas Professional Licensing Attorney Explains The Use Of An Emergency Order Of Suspension

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On November 4, 2016, the Board of Healing Arts of the State of Kansas (the “Board”) took an extraordinary measure when filing a complaint against a Doctor of Osteopathy licensed in Kansas seeking suspension of the physician’s license to practice medicine. In addition to filing the complaint, the Board filed an ex parte motion to suspend the medical practitioner’s license without a hearing immediately. The Board infrequently exercises this emergency power but did so in this case successfully. The officer presiding over the issue for the Board ordered the doctor’s license immediately suspended and ordered the doctor to stop practicing medicine forthwith pending a final determination on the merits of the case. You must contact an experienced Kansas professional licensing attorney if you are the subject of any complaint before the Board of Healing Arts as soon as possible to commence the defense of your livelihood.

In the practice of law, ex parte refers to only one party presenting its case to a judicial officer without notice to the opposition and an opportunity to be heard by the judicial officer. Ex parte motions are not the norm. Rather, they are used in rare circumstances and only in emergency situations. The rulings made by the judicial officer pursuant to an ex parte order are temporary and preserve the status quo or put an end to a potentially hazardous situation until such time as the parties can schedule an evidentiary hearing on the issue to be litigated.

The subject of the ex parte order must be served with the order, which is effective immediately upon issuance. In addition to the order, the licensee must receive a notice of rights. The notice of rights informs the subject of the decree to the statutory right of appeal to a district court judge. Time is limited. The aggrieved party has 30 days in which to file a petition for review of an ex parte order.

In the November 4, 2016, decision by the judicial officer from the Board, the decision on ex parte order was redacted. Therefore, every factual allegation cannot be disclosed at this time. Notwithstanding, the decision does inform the reader that the physician was the subject of a consent order from a previous petition for discipline heard by the Board. The licensee, ostensibly, failed to adhere to the terms of the consent decree. At the time the second petition for discipline was filed, the physician continued to practice medicine actively.

The decision references statutory and regulatory authority for making its order. The judicial officer acknowledged the authority of the licensing authority to file its ex parte motion under a state statute and regulation. Kansas law permits the licensing authority to petition the Board to take temporary disciplinary action for unprofessional behavior that has endangered or is likely to endanger the lives and safety of others as defined in the state regulations. The Board may issue temporary relief if the Board finds cause to believe that grounds exist for disciplinary action and the “continued practice will cause an imminent danger to public health and safety.”

The presiding officer of the Board hearing the ex parte motion ruled in the Board’s favor. The presiding officer found that continued practice of osteopathic medicine by the doctor endangers the public safety and therefore suspended the license.

Do Not Delay If You Are Served With Temporary Orders

If you face professional discipline in Kansas,  and the Board filed an ex parte orders against you, do not delay. You must respond immediately. You need an experienced and dedicated professional licensing attorney to fight for you. Call Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353 and inform Attorney Sanger about your emergent need because your license was suspended.

Missouri Professional Licensing Attorney Summarizes Notable Disciplinary Actions For Missouri Social Workers

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In Missouri, the Committee for Social Workers (the Committee) regulates the social worker profession. The Committee is a state agency that falls under the authority of the Missouri Division of Professional Registration. The Committee is responsible for issuing licenses to practice social work. Additionally, the Committee is charged with the duty of investigation ethical violations allegedly committed by social workers, similar to other professional licensing boards in the state. Licensed social workers practicing in Missouri should be aware of the Committee’s authority and should be aware of the recent disciplinary decisions issued as a result of the Committee’s investigations.

To this point in 2016, the Committee resolved approximately thirteen investigatory matters by way of agreement or a full hearing and disciplinary ruling by the Committee.  In one case, the social worker provided counseling services for two minor children. The social worker commenced a romantic relationship with the children’s mother while the social worker provided counseling services. The social worker stipulated that his conduct violated Missouri’s ethical standards by violating the public trust, exploiting clients for personal gain, and engaging in behavior that rendered him impartial to his clients’ best interests. The social worker agreed to a five-year probationary period, submit to a psychiatric evaluation, and find a social worker to supervise his practice. The disciplinary action did not end with the stipulation of sanction. The Committee ruled that the social worker violated the terms of his probationary period by failing to obtain the services of a supervisory social worker. Consequently, the Committee suspended the social worker’s licensed for a term of three years or until such time as he could obtain an appropriate supervisor. Thereafter, the social worker’s license is subject to a five-year probationary period once adequate supervision is in place.

In another 2016 decision, the Committee ruled on an application to become a licensed master social worker in Missouri by a master social worker already licensed in Kansas. The applicant answered truthfully whether she was arrested. The candidate revealed that a Kansas court convicted her of theft in 2015. The Committee, instead of denying the application, ruled that she be admitted to practice in Missouri subject to a two-year probationary period. The master social worker can only practice in Missouri during that probationary period if she has adequate supervision by another master social worker admitted in Missouri.

The Committee and a licensee reached an agreement as to disciplinary action in an investigation in which the licensee failed to attend continuing education classes. Also, the licensee failed to retain records evidencing her attendance at the continuing education. The Committee took exception to the fact that the social worker misrepresented satisfying her educational requirements. The social worker and licensee agreed that she would be placed on probation for one year and provide evidence that she attended the educational courses.

Two additional agreed-upon resolutions yielded vastly different results. In one case, the Committee agreed to dismiss its complaint against the licensee, resulting in no disciplinary action against the licensee. In another instance, the licensee practiced social work without a valid license for four years. The parties agreed that the social worker should surrender her license and agree not to practice social work or apply for a license in Missouri, instead of facing additional discipline.  In another decision in 2016, the Committee did revoke the license of a social worker who defaulted at the disciplinary hearing.

Get Immediate Help If You Are A Social Worker Facing Disciplinary Action

If you are a social worker facing professional discipline in Kansas or Missouri, you need an experienced and dedicated professional licensing attorney to fight for you. Call Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger has vast experience fighting for professional licensees. Do not trust your future to anyone else.