Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Trends in Medical Board Licensing Cases—Opioid Issues

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People used to ask me what sort of trends I am seeing in medical license defense. I do not hear that question as much anymore, as you do not have to be involved in medical licensing issues to know that there is an opioid crisis in the United States. Physicians are perceived as the root of the problem and accusations of over-prescription of opioids and other “pain pills” are rampant. This perception tracks with what I am seeing in medical licensing cases, as both the Kansas and Missouri medical boards are taking a hard line on physicians accused of over-prescribing pain medications or failing to adequately supervise employees in clinics accused of becoming “pill mills.”

 

If you are licensed medical professional in Kansas or Missouri facing an investigation or medical board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

What Are the Trends in Opioid Licensure Enforcement?

In general, the public is the primary source of complaints about physicians.  These complaints range from the serious and valid to the frivolous and vindictive. Regardless of the complaint’s validity, the accused physician must take it seriously, as the majority of complaints result in some form of reprimand, often with a temporary or permanent loss of license. Again, regardless of an accusation’s validity, you must reach out for experienced counsel’s help immediately if you are accused.

Retaliatory complaints are common. These are patients that were denied opioid prescriptions because of abuse. Basically, the physician actually met the standard of care in these cases.  However, these former patients attempt to hold physicians hostage by threatening complaints to licensing boards once the physician ends their ability to get more pain killers. This is fairly common drug-seeking behavior by desperate people. As crazy and backwards as this situation sounds, an allegation’s baselessness does not mean that it cannot have serious repercussions.

Another form of complaint arises from negligent supervision of medical clinic staff. Even if a physician is responsible when he or she writes prescriptions, he or she also has a duty to adequately supervise staff working under his or her license.  These employees can be susceptible to drug seeking patients and illegally give access to opioids in an effort to make extra money, in exchange for sex, or due to their own negligence. Regardless of the source of the problem, employees working under a physician’s license can threaten that license with their own misconduct.

Obviously, sometimes physicians themselves are overprescribing opioids. This sort of misconduct can be driven by the same reasons as described above regarding staff. The good news is that there are many opportunities to derail efforts to suspend and revoke physicians’ licenses. An attorney’s vigorous defense, careful review of all evidence, and experience before the Kansas and Missouri medical boards can make the difference between revocation of a license and just probation.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by the state medical board or DEA should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and speaking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a suspension or revocation of your license.

If you are a medical professional in Kansas or Missouri and are worried about opioid related misconduct costing you your career, call attorney Sanger now.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Explains—Teaching License Defense

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The teachers I represent are extremely proud of being a member of this noble profession. That said, they also reiterate everything we all know about teaching. It can be thankless, challenging work for too little pay. In Missouri and Kansas, teachers sometimes run into another challenge—licensure issues. Too many teachers think that they can work through discipline and licensure issues by “being helpful” and providing information to the school district or state investigators; this is a horrible mistake that could cost you your career. If you are licensed teacher in Kansas or Missouri facing an investigation or disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

Common Misconduct Allegations in Kansas and Missouri

Unfortunately, teachers are particularly susceptible to misconduct allegations. They are often forced to make disciplinary decisions about students; in turn, false allegations arise in retaliation. Students and parent have a unique ability to raise these concerns, as teachers often work with students without any other adult witness present. Without that sort of credible witness testimony, disproving an allegation becomes challenging.

In my practice, I most frequently see the following allegations:

Sexual misconduct—any sexual contact between a teacher and a student is inappropriate. That said, otherwise innocuous pats on the back and friendly hugs can easily be construed as sexual misconduct later. Given with how justifiably serious this sort of behavior is taken, any allegation of sexual misconduct must be addressed immediately, as they frequently result in loss of a teaching license.

Physical abuse of students—for reasons similar to sexual abuse, physical abuse—hitting or corporal punishment—is taken very seriously and is quite difficult to disprove.

Drug and alcohol abuse—alcoholism, DUI, and being under the influence in the school environment are all allegations that can cost a teacher his or her license. As opposed to the prior two categories, however, they are easier to challenge with the help of an experienced licensure attorney.

Misuse of school property or privileges—I frequently represent teachers accused of taking school property for their own use. This can be innocuous activity, such as tutoring students on school property for pay, or more nefarious, such as theft of school supplies or vehicles.

Sharing or using students’ confidential information—allegations that you shared a student’s confidential information, or that you used it for your own gain, are serious.  There are federal laws protecting student educational records, most notably FERPA.

If any of these allegations are made against you, your license is in jeopardy. Your license is your property, and the U.S., Kansas, and Missouri Constitutions all provide you a right to “due process” before the government takes your property—your teaching license—from you.  Due process means that you have a right to review all evidence against you, to challenge that evidence, and a hearing to state your position. Having an attorney by your side to protect your due process interests is vital.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any Kansas or Missouri teacher contacted by the local or state board of education about misconduct should contact experienced counsel immediately. Your license is in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and speaking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your students suspension or revocation of your license.

If you are a teacher in Kansas or Missouri and are worried about misconduct costing you your career, call attorney Sanger now.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Licensing Issues for Optometrists

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Being an optometrist means having a respected career, a good livelihood, and your community’s respect. But because optometry is a licensed profession in Missouri and Kansas, all of that can be derailed by a disciplinary issue resulting in a suspension or revocation of that license.

Complaints about an optometrist usually arise from the public. They can be frivolous and lack merit, or they can be serious and based on significant evidence. It does not matter which category your complaint falls into, both frivolous and serious complaints can result in significant disciplinary action unless they are defended vigorously by experienced licensing attorney.

If you are licensed medical professional in Kansas or Missouri facing an investigation or medical board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

Common Licensure Complaints

Sexual misconduct—any sexual contact between an optometrist and a patient is inappropriate. That said, otherwise innocuous pats on the back and friendly hugs can easily be construed as sexual misconduct later, especially when a patient has an axe to grind regarding a bill they do not want to pay or when a patient’s own advances are rebuked. This sort of conduct is always serious and is never just brushed aside.

Criminal convictions—even if there is no connection to the optometrist’s practice, criminal convictions for DUI, theft, violent crimes, domestic violence, child abuse, or any other crime of moral turpitude can trigger a licensing investigation. If criminal charges are pending, an optometrist faces the challenge of defending his or her license while not saying anything in the context of the licensing matter that could impact his or her criminal case. This is a delicate situation that will require the assistance of expert counsel.

Drug and alcohol abuse—allegations of alcoholism, DUI, or drug use can all result in licensure issues for an optometrist, especially if those allegations arise in any relation to their work.  For example, a DUI may have no inherent connection to an optometrist’s work, but if the arrest occurred a half hour prior to the optometrist seeing a patient, it may have implications on her practice.

Misuse prescription privileges—issuing unnecessary prescriptions or issuing them negligently has serious, even criminal, consequences. These allegations are skyrocketing as a result of the nation’s opioid epidemic. Allegations of this nature require immediate, expert legal defense.

Sharing patients’ confidential information—allegations that you shared a patient’s confidential information or that you used it for your own gain, are serious.  There are federal laws protecting patients’ medical records, most notably HIPAA, the Health Insurance Portability and Privacy Act of 1996.

Negligent supervision—your employees’ conduct implicates your license. If your clients engage in any of the misconduct listed above and that misconduct implicates a lack of supervision or negligent supervision, it may result in an investigation into your practice and licensure.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any optometrists in Kansas or Missouri contacted by an investigator should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and speaking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a suspension or revocation of your license.

If you are an optometrist in Kansas or Missouri and are worried about misconduct costing you your career, call attorney Sanger now.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses the Standard of Care in Nursing Cases

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After years of work, attaining a license to practice nursing is a tremendous achievement. That achievement means having a good livelihood and your community’s respect. All of that can be derailed by a disciplinary issue resulting in a suspension or revocation. I frequently see “standard of care” cases result in that sort of derailment. Many of these allegations can be resolved without any punishment if a nurse hires expert licensing counsel, but whether out of shame or ignorance, may nurses fail to attain representation and needlessly deal with serious consequences.

If you are licensed medical professional in Kansas or Missouri facing an investigation or nursing board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

The Standard of Care

As a nurse, you must meet the “standard of care” in your patients’ treatment.  That standard is very vague, and is usually defined what a reasonable and prudent nurse would do when caring for the same or similar patient in the same or similar circumstances. The rationale for having such a vague standard is that it allows for constant advancement in the profession. Unfortunately, it also allows for an ever-changing and ever-increasing standard for nurses to meet.

The “standard of care” is a subjective standard, meaning it does not have absolute, objective criteria. Rather, it is judged based on what an observer feels is reasonable given certain circumstances. A nurse treating a dozen wounded soldiers on a battlefield will be held to a lower standard than one working on a single patient in a well-funded hospital.

In my practice, standard of care allegations come to light after a negative outcome or sentinel event. They often include questions regarding record keeping, medication administration, or competency in various procedures. Whether the nurse is a talented veteran or rookie, their conduct will be scrutinized if it may have had a negative effect on patient care.

Again, remember that the duty of care is a highly subjective standard. You will need to describe your actions in a light most beneficial to you.  Were you provided sufficient training?  Were you practicing as you were instructed to do? Did you meet the approved standard in place in your workplace at the time? Were there supervening events beyond your control?  You will need experienced counsel to make these arguments meaningfully on your behalf. Because this is all I do, I have a good understanding of how the nursing board will react to these arguments in your case. I also have access to expert witnesses that can help establish exactly what is the standard of care in your nursing field.

You should not speak to an investigator from either your employer or the Missouri or Kansas nursing board without a skilled licensing attorney by your side, protecting your interests. If you receive an official accusation, you must file a defense in your response; counsel can help you do that. Failing to file a defense may lead to a default judgment against you, which may lead to an automatic suspension or termination of your license. As a licensing attorney, I have prepared hundreds of statements of defense and can tailor a winning strategy to protect your interests.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any nurse in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your license to practice nursing is in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and speaking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a suspension or revocation of your license.

If you are a nurse in Kansas or Missouri and are worried about allegations of misconduct costing you your career, call Missouri Professional Licensing Attorney Danielle Sanger now.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.