LPNs and Disciplinary Actions

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Licensed practical nurses, LPNs for short, play a pivotal role in our healthcare system in Kansas and Missouri, and across the U.S. LPNs have similar, although not identical, responsibilities as a registered nurse. Notwithstanding, LPNs are highly-trained, skilled, and knowledgeable healthcare providers. LPNs are not a substitute for RNs because LPNs have their unique position in doctors’ offices, clinics, hospitals, and nursing homes. Given their role in our healthcare system, LPNs must follow all ethical rules which govern the profession. Consequently, LPNs are subject to professional discipline by their licensing authority for deviations from the ethical standards and the standard of care particular to the profession.

Know Your Rights As An LPN

You have valuable rights conferred to you when you receive your LPN license. In Kansas and Missouri, you have a right to the due process of law before the state government, through its state boards of nursing, can revoke your license or impose some other penalty upon you that deprives you of the privilege of working as an LPN. Your due process rights are derived from the 5th amendment to the United States Constitution as well as the Kansas and Missouri state constituions and the statutory law governing nursing practice in each state.

Due process is not some legal term lawyers through around idly. The most important due process right is the right to have an attorney represents you. You can, and should, consider hiring an experienced Kansas and Missouri professional licensing attorney to represent you. Your best interests will be served if you contact a professional licensing attorney as soon as you learn of an investigation involving your conduct as an LPN.

Due process protections guarantee that you receive official notice of the allegations a complaint made against you and to examine all of the evidence the government has to present against you, both good and bad. Furthermore, due process means you have a right to a hearing before a neutral and detached fact finder where you can present evidence and witnesses who will testify for you in addition to having the opportunity to confront the witnesses who testify against you through cross-examination. You also have the right to appeal any findings to a court of law from the administrative tribunals that make the factual findings and hand down punishment.

Potential Penalties You Face For A Licensing Infraction

The statutes in both Kansas and Missouri permit a range of punishments for violations of the ethical rules governing LPNs. Punishments for violations of the nursing statutes and rules include:

  • Reprimand,
  • Censure,
  • Probation, with conditions of practice placed upon a license,
  • Suspension, and
  • Revocation

The type of punishment and the duration of the punishment depend on several factors. Perhaps the most important factor is the severity of the allegations. Additionally, boards of nursing will consider your history of past infractions, if any, the length of time you have held a license, among other factors.

Even at the punishment stage, you continue to hold valuable due process rights. You continue to enjoy the right be have counsel represent you, to present evidence on your own behalf regarding the penalty imposed, and the right to appeal.

Do Not Delay In Contacting Experienced Counsel For Representation

If you learn that you are under investigation for a licensing violation, contact an attorney right away and do so before you contact the licensing board or investigating body. Doing so without first securing competent experienced and skilled representation could substantially prejudice you and reduce the likelihood of a favorable outcome for you.

For More Information

If you are the subject of a professional licensing investigation, contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today for a free consultation. Put Attorney Sanger’s vast experience, knowledge, and skill to work for you. Call 785-979-4353 today to schedule a meeting and take steps to protect the livelihood for which you have worked hard immediately.

CNAs and Disciplinary Actions

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CNAs, or certified nurses’ assistants, are some of the unsung heroes of the medical profession. Frequently, a CNA’s job is not glorious; it is generally challenging and often goes unrecognized. However, CNAs perform an invaluable service to the patients they serve. CNAs help patients maintain a sense of personal dignity and provide the type of care that helps the patients exist from day to day.

The CNA’s primary duties such as assisting a patient dress, eat, groom, or take vital signs and administer medications might not seem like the type of profession in which someone could run afoul of the professional rules of licensing. Nothing could be further from the truth. CNAs interact with people at the most basic levels. Therefore, a CNA must exercise the utmost discretion and professionalism. Behavior that might seem like a CNA exerting undue influence over a patient could be innocent interaction and genuine care. Notwithstanding, a suspicious family protecting their loved one might misconstrue your actions and file a complaint with the board of nursing to report your alleged unethical behavior.

What Should You Do If You Learn You Are Under Investigation?

You have the right to representation by the counsel of your choosing if you are under investigation for a licensing or ethical violation. The board of nursing or another investigating body has no obligation to appoint an attorney to represent you. That does not mean that these proceedings are insignificant or that you could talk your way out of it. Quite the contrary. You should seek the assistance of an established, knowledgeable, skilled, and experienced professional licensing attorney to defend you against these allegations. If you are a CNA in Kansas or Missouri, professional licensing attorney Danielle Sanger enjoys the reputation as a zealous advocate for CNAs and all professional licensees facing discipline.

Investigations into reports of wrongdoing frequently lead to complaints issuing seeking professional discipline. Sometimes the claims are resolved in the licensee’s favor because the allegations are baseless but not always. The investigating body does not need to uncover a significant amount of evidence to issue a complaint. Consequently, you have rights to ensure that you receive a fair hearing before the government takes away your CNA license.

What Rights Do You Have As A CNA?

Every professional licensee has the right to a fair hearing before the government imposes sanctions upon you CNA license. Those rights are guaranteed by the Due Process Clause of the United States Constitution as well as state constitutions and laws. In addition to the right to have an attorney represent you, as described above, the right to a fair hearing included many important rights. Those rights include:

  • The right to a fair hearing before a neutral and impartial fact-finder,
  • The right to present witnesses and evidence on your behalf,
  • The right to confront and cross-examine witness who testify against you,
  • The right to notice of the allegations made against you and to see the government’s evidence, and
  • The right to appeal any decisions made by the licensing board to a court of law for judicial review.

Types Of Discipline You Could Face

Having a skilled administrative law attorney on your side during every phase of the professional disciplinary process, including the penalty phase, is vital to your future as a CNA. If the complaint against you is sustained, you could face the following sanctions on your CNA license:

  • Censure,
  • Reprimand,
  • Probation with conditions of practice on your license,
  • Suspension, and
  • Revocation.

Contact Attorney Danielle Sanger Immediately Upon Learning You Could Face Discipline

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation. Attorney Sanger possesses the knowledge and experience to aggressively represent you against professional discipline.

 

APRNs and Disciplinary Actions

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Advanced practice registered nurses, APRNs for short, serve a whole host of functions in providing healthcare to patients. The APRN designation encompasses a relatively wide range of healthcare professionals. APRNs can be nurse practitioners, midwives, clinical specialists, and nurse anesthetists. Our healthcare system has turned to more of these specialized professions to assist physicians in the increasingly demanding obligation to deliver medical treatment.

The ethical rules of each profession and the individual states’ rules of the profession govern the professional conduct. Accordingly, all APRNs must be licensed according to the state’s law in which the APRN chooses to practice. The negligent, reckless, or willful failure to comply with the rules of the profession will subject the APRN to professional disciplinary action.

In both Kansas and Missouri, APRNs fall under the purview of each respective state’s Board of Nursing. Each state requires advanced training and education to maintain status as an APRN as compared to an RN or LPN. APRNs are responsible for maintaining the performance standards of the profession in addition to the ethical standards thereof. However, despite the higher standard of care to which APRNs must adhere, they are guaranteed the same rights as RNs and LPNs if they have been accused of a violation of the professional standards governing the profession.

The Rights of an APRN Facing Professional Discipline

Every person who holds a professional license, including APRNs, receives the protection of Due Process rights if the licensee faces disciplinary action. Their Due Process rights are guaranteed by the Fifth Amendment to the United States Constitution. Kansas and Missouri’s state constitutions offer similar protections, respectively. The APRN facing professional discipline enjoys the right to:

  • Representation of counsel of their choosing, even at the investigation stage;
  • A fair hearing presided over by a detached and neutral magistrate;
  • See the government’s evidence that purports to substantiate their claim of wrongdoing;
  • Confront and cross-examine witnesses;
  • Call witnesses who will testify on behalf of the APRN;
  • Present evidence in their own defense;
  • Negotiate a resolution of the offenses short of hearing, and
  • Judicial review after exhausting all administrative law review alternatives for relief.

Potential Penalties

The sanction an APRN receives depends upon an analysis of several factors. The disciplinary body will consider the APRN’s professional and personal history, their record of previous disciplinary action if any, and the severity of the allegations proved after hearing. The disciplinary body could also consider the effect the infraction had upon a patient as well. The disciplinary board can consider other factors such as the APRN’s initiative to get help on their own for a substance-abuse problem or attend additional educational programs to reduce the chance of recidivism.

The APRN has the right to representation by counsel during the sanction phase of the proceedings as well. A knowledgeable and skillful professional licensing attorney will zealously argue for reduced sanctions. The possible sanctions are:

  • Censure,
  • Reprimand,
  • Probation for a specified time with conditions or restrictions on the APRN’s license to practice,
  • Suspension, and
  • Revocation.

Revocation is obviously the most severe sanction. Disciplinary boards do not callously revoke a person’s license. However, they will if it is necessary to protect the public safety and maintain the integrity of the profession. Even if the licensing authority hands down such a severe punishment, the APRN may have the opportunity to apply for reinstatement after a specified time elapses.

Do Not Take On The Government Alone

You have the right to be represented by counsel at every stage of the proceedings. That includes the investigation phase. Before you contact your licensing authority after learning of a complaint lodged against you, you should contact professional licensing attorney Danielle Sanger. Attorney Sanger is an aggressive and zealous advocate for professional licensees in Kansas and Missouri. Call Kansas Professional Liability Defense Attorney Sanger today at 785-979-4353 to schedule your free consultation.

RNs and Disciplinary Actions

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As a society, we ask so much of our nurses. Nurses are a doctor’s second pair of eyes and ears to assist in the clinical setting, but they are so much more. Patients look to nurses for a kind word, a reassuring touch, compassion, and companionship. Nurses, in short, are the lynch pin of the medical profession.

Registered nurses or “RNs” work long and hard to obtain their professional licenses to become RNs. Your RN license is not merely a card with a registration number. It represents so much more. Your RN license is the culmination of years of exhausting work, study, and devotion to a profession. Being an RN is more than a job, it is a calling. So when a patient or employer claims you have violated the rules and regulations governing the nursing profession, you need to fight back and protect your livelihood and your way of life.

That is why if you are an RN who is facing professional discipline in Missouri or Kansas, you need someone to help protect your rights to your professional license. Attorney Danielle Sanger is the lawyer for you. Attorney Sanger prides herself on presenting clients zealously and to the best of her ability at all times.

Experienced Professional Licensing Attorney With Proven Results

Attorney Sanger’s has vast experience representing clients facing professional discipline. Before opening her law practice, Attorney Sanger worked for the Kansas Attorney General’s Office as an Assistant Attorney General assigned to represent the Kansas State Board of Nursing in disciplinary and licensing disputes. Attorney Sanger’s experience as an Assistant Attorney General afforded her the opportunity gain extensive knowledge about disciplinary investigative procedures, administrative law procedure, as well as evidentiary issues. The skills and experience Attorney Sanger gained representing the Kansas State Board of Nursing has greatly benefited her clients.

Know Your Rights

You have valuable rights to your professional license as an RN. The government cannot simply take your license away without giving you due process of law. Due process is not some idle legal theory. Rather, the notion of Due Process is guaranteed by the 5th Amendment to the United States Constitution. In accordance with your Due Process rights, you have the right to receive notice of the complaints lodged against you and to know of the evidence the prosecution has that supports their claim against you. Also, you have a right to a full and fair hearing, with the opportunity to cross-examine witnesses.  In addition, you have the right to present witnesses to testify on your own behalf. Lastly, you have the right of appeal to a court of law after you have exhausted all of your administrative remedies.

What To Do If You Learn That You Are Under Investigation

Contact a qualified and experienced occupational licensing attorney such as Attorney Sanger. You have the right to representation of your choosing. Do not wait to see if it all blows over. Aligning yourself with a zealous advocate early in the process could help you achieve a better result for you and your family. The worst thing you can do is waiting and see if it all passes, by then it could be too late.

Potential Discipline

The State Board of Nursing has several options if the complaint against you is proved. The particular sanction, or sanctions, can vary from a private reprimand to revocation of license. The licensing authority will consider your work history, past complaints if any, and perhaps most importantly, the severity of the allegations, among other factors to determine your punishment.

Call Today To Protect Your Rights

Call 785-979-4353 today to schedule an initial free consultation with Kansas Professional Licensing Attorney Danielle Sanger and learn how the combination of experience, skill, and superior knowledge will save your livelihood from ruin.