A Winning Defense Starts with a Thorough Investigation

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Professionals facing discipline must contact counsel as soon as they learn about the allegations levied against them. Putting off speaking with experienced, knowledgeable, and successful professional disciplinary defense attorney will place you at a substantial disadvantage. The government tries to build strong cases against a licensee, and you should suffer severe consequences unless you have a powerful advocate fighting for you.

As a professional licensee in Kansas or Missouri, you have the absolute right to have counsel that you choose to represent you at every milestone of the disciplinary action, including the investigatory phase. Waiting until you receive a formal complaint to retain an attorney who is highly skilled and motivated to vigorously defend your best interest could have severe adverse consequences and potentially weaken your defense.

Kansas and Missouri professional licensing defense attorney Danielle Sanger dedicated her law practice to defending professional licensees who face potential discipline. The depth of Attorney Sanger’s experience will put you in the most advantageous position possible. Attorney Sanger can call upon her vast experience defending professional license holders to mount an aggressive defense. Additionally, Attorney Sanger can call upon her experience as a prosecutor with the Kansas Attorney General’s Office who litigated disciplinary actions before numerous state boards and administrative bodies to anticipate and then rebut the government’s arguments.

Having an attorney you can count on representing you during an investigatory stage will put you in the best posture possible so you can keep your license and continue practicing in your chosen profession. Contacting your professional licensing defense attorney immediately after you learn about possible allegations of wrongdoing will give your attorney a leg up on the government’s case. You might experience the temptation to contact the investigating authority and try to talk your way out of the situation. Remember, however, that your words can be used against you. Therefore, you should never contact the disciplinary board without speaking to a lawyer first.

Engaging your attorney in an exhaustive and frank discussion about the allegations is the first step in your defense. The attorney-client privilege protects this conversation. Therefore, you should feel free to open up to your attorney about what you think happened and why. The initial conversation is also an opportune time to name witnesses who could provide information that is beneficial to your defense. There are many instances when your attorney can talk to these witnesses and obtain their perspective about the allegations before the witnesses speak to the government’s investigators.

Talking with your attorney during the infancy of an investigation will help you develop a strategy to remain in practice. An experienced professional licensing defense attorney like Danielle Sanger will help you understand the potential penalties you face if the allegations are sustained after a hearing and how the potential disciplinary action might affect your business or your employment. The strategy you devise might include contacting the disciplinary board and offer a resolution without a hearing, even before a formal complaint is lodged. Accepting responsibility in certain circumstances might help you receive a reduced sanction that allows you to continue your practice with minimal intrusion, interruption, cost, and notoriety.

When you engage your attorney in the earliest stages of disciplinary action, you are providing your lawyer with the greatest opportunity to obtain physical evidence that is vital to your defense which you might otherwise lose if you wait too long to act. Additionally, getting your attorney involved immediately could put you in a favorable light with the disciplinary board. For example, if you are fighting addiction, then you could work with your attorney to get into a rehabilitation program before being ordered to do so by the disciplinary board. Taking responsibility and addressing shortfalls demonstrates your willingness to better yourself and preserve the safety of the public.

Experience Matters Mot

Kansas and Missouri Professional Licensing Attorney Danielle Sanger possesses the experience, knowledge, and skill you need fighting for you. Call Attorney Sanger today at 785-979-4353.

Disciplinary Hearings Before the Kansas Board of Technical Professions

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The Kansas Board of Technical Professions, or “the Board,” possesses the authority to take away a licensee’s livelihood by revoking, suspending, or placing a limitation of practice upon a technical professional’s license. Therefore, you should not only have competent counsel representing you and your interests but enlist the services of a Kansas professional discipline attorney who has the depth and breadth of experience to defeat the government’s attempts to take away your ability to make a living for you and your family.

In Kansas and in Missouri, professional licensing lawyer Danielle Sanger is the attorney in whom you and your family may place great confidence to protect you from the harsh decisions handed down by professional licensing disciplinary boards. Attorney Sanger understands the stakes involved when defending a professional licensee before any disciplinary board. Accordingly, Attorney Sanger relies heavily on her experience representing clients before boards of discipline as well as her experience prosecuting these matters on behalf of the government. Attorney Sanger will use her expertise and experience to guide you through any disciplinary action you are facing.

Section 74-7001, along with the accompanying statutes, is the originating statute for the governance of technical professions. The statute governing “technical professions” encompasses a wide range of occupations. According to the statute, technical professions include architects, landscape architects, construction administration, professional engineer, professional geologist, and professional surveyor.

Section 74-7001 defines the standard of care, according to which, each professional must conduct his or her business. Subsection (v) of 74-7001 defines the professional standard of care for Kansas technical professionals as the duty to act according to the degree of learning and skill ordinarily exhibited by a professional licensee in Kansas. The definition of a technical professional’s standard of care sounds like circular reasoning at first blush. However, in practicality, the duty of care a technical professional owes to his or her clients is defined by the traditions and prevailing best practices of the region in which the professional practices.

Section 74-7026 establishes professional conduct by which all technical professionals must abide. Failing to adhere to any of the standards of conduct established by 74-7026 is grounds for professional discipline. The Kansas State Board of Technical Professions, or “the Board,” enforces disciplinary rules and imposes discipline if a member of the Technical Professions commits a transgression.

Grounds for disciplinary action include committing fraud or deceit regarding statutory licensing requirements, gross negligence, misconduct, incompetence, or a reckless disregard for the rights of another person, a conviction for a felony in Kansas or any other jurisdiction of the United States, a violation of the rules and regulations set out by the Board, or using a professional seal on work not produced by, or under the direction of, the licensed technical professional.

The Board retains a great amount of discretion when meting out discipline. The can, in its discretion, place a limitation on the licensee’s ability to practice, suspend, or revoke the technical professional’s license. Additionally, the Board may publicly or private censure the licensee. In conjunction with the authority to discipline the individual licensee, the Board possesses the statutory authority to discipline any business entity engaged in a technical profession as though the entity was an individual. The Board may reissue a suspended or revoked technical license, provided that at least seven members of the Board vote for reinstatement.

Protecting Your Rights

If you are a technical professional facing licensing discipline in Kansas, the first step you must take prior to contacting the Board to respond to the allegations pending against you is to call Kansas Professional Licensing Attorney Danielle Sanger. Attorney Sanger will protect your rights to practice in your chosen profession so that you can make a living and support your family. Get Attorney Sanger on your side by calling 785-979-4353 today.

Missouri Professional Licensing Attorney Explains Optometrist Licensing Discipline in Missouri

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Optometrists practicing in Missouri play a significant role in healthcare. At first blush, the average person might not realize the significance of having a competent, ethical, and honest optometrist diagnose and treat eye conditions. The failure of an optometrist to diagnose and properly treat conditions of the eye will alter a patient’s life and possible rob that person of one of his or her senses. Accordingly, rigorous licensing requirements that ensure technical competence but also protect the public from sharp practices and guard against taking advantage of vulnerable clients.

Missouri professional licensing attorney Danielle Sanger — who is also admitted to the practice of law in Kansas — fully believes that every professional licensee facing discipline deserves the right to practice in his or her chosen profession and that a professional who makes a mistake should not be barred from practice. Every professional license should engage an attorney represent them as soon as the licensee learns about an investigation into his or her practice. However, not any attorney will suffice because professional disciplinary hearings are highly complex legal matters. Therefore, the professional licensee facing the threat of discipline should turn to a well-respected, experienced, and successful professional licensing attorney when contesting professional disciplinary proceedings.

Chapter 336 of the Revised Missouri Statutes governs the practice of optometry in the state. As such, Chapter 336 grants the Missouri State Board of Optometry (“the Board”) authority to establish and enforce licensing requirements to practice optometry in Missouri. Specifically, 336.110 describes in detail the grounds upon which the Board is justified in filing a complaint with the Missouri Administrative Hearing Commission against a practicing optometrist or deny licensure to an optometrist who applied to practice in Missouri.

Optometrists may be disciplined for numerous transgressions. Of course, the simple fact that the Board filed a complaint does not equate to guilt, but the occasion triggers certain rights and obligations of the licensee. An optometrist practicing in Missouri could face discipline for using controlled substances or alcohol to any degree such that imbibing interferes with the optometrist’s ability to use sound medical discretion.  Also, any criminal offense to which the licensee pleads guilty, nolo contendre, or is convicted that pertains to any of the functions of an optometrist is also a ground for discipline.

In addition, committing fraud, impersonating a licensee, assisting someone in an effort to violate the licensing law, fraudulently obtaining something of value, and incompetence are additional reasons the Board may be justified when filing a complaint about discipline against the optometrist. Additional grounds for disciplinary action include adverse disciplinary action taken by another jurisdiction, violating the public trust, false of misleading advertising, violation of the drug laws and regulations of Missouri or the United States, and failing to take precautions to prevent the spread of contagious disease.

If the Board learns of a violation of 336.110, then it has the discretion to file legal action before the Administrative Hearing Commission. The Administrative Hearing Commission will conduct a hearing, and if the government has sustained the allegations, then the Board has the discretion, pursuant to 336.110(3), to mete out discipline.

The Board has several options at its disposal when punishing a license holder. The statute affords the Board wide latitude when announcing its disciplinary decision. Despite the latitude, the statute seems to favor to censure or  probation, that is, place restrictions on the optometrist’s freedom to practice for no more than five years. The statute grants the Board authority to place restrictions on the practitioner’s license as it deems fit. Additionally, the Board may suspend the optometrist’s license for up to three years. The Board may revoke the practitioner’s license as well.

Are You An Professional Licensee in Missouri Facing Discipline?

Missouri Professional Licensing Attorney Danielle Sanger will provide you with the experience, savvy, and track record of success you need to protect your livelihood. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas Professional Licensing Attorney Discusses Ophthalmic Discipline in Kansas

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The Kansas State Board of Examiners in Optometry (“State Board”) is the sole disciplinary authority of the ophthalmic profession in the state. As such, the State Board bears a tremendous burden to ensure that ophthalmologists in Kansas are competent, ethical, and scrupulous practitioners. The safety of the public demands that optometrists provide the highest level of care possible and the State Board strives to guarantee that no one will be a victim to an optometrist unwilling to live up to the professional standards the State Board established.

There are, however, at least two sides to every story. Experience dictates that the filing of a complaint against an optometrist for wrongdoing or unethical behavior is not the equivalent of a conclusive finding. Every professional in Kansas facing licensing discipline deserves to have the counsel of their choosing fight for their rights, to protect his or her livelihood, and to protect the optometrist’s way of life. Kansas and Missouri professional licensing attorney Danielle Sanger has the experience to represent you aggressively to deliver the best result for you and those closest to you.

The State Board derives its authority to discipline optometrists who have committed a violation of the professional licensing act. The act, found at Kansas Statutes 65-1517, affords the State Board discretion to impose discipline upon an optometrist when the State Board finds that the licensee’s conduct runs contrary to the standards elucidated in the 65-1517. The section does not set out the precise quantum of proof upon which the State Board must decide the case. Instead, the statute merely indicates that the “existence” of a listed “ground(s)” is sufficient to impose discipline.

The statute grants the State Board wide discretion when imposing discipline. The State Board may revoke, suspend, or limit the optometrist’s license. The State Board may also censure the licensee privately or publicly. None of the grounds for discipline require a mandatory penalty. Therefore, the State Board enjoys great flexibility when producing sentence and should consider the history of the licensee, and the severity of the infraction, among other factors, when deliberating upon punishment for the licensee.

Section 65-1517 lists 25 independent grounds, which, if proven, may serve as the basis for discipline. Committing fraud, malpractice, professional incompetence, felony convictions, violating drug statutes, violating orders issued by the State Board, violating the laws governing optometry in Kansas, not paying a renewal fee, not completing continuing educational requirements, practicing with a false name, or impersonation of another optometrist.

Other grounds include suspension or revocation of a license to practice optometry disciplined in another state, violating rules, regulations, or directives announced by the State Board, cheating to get a license, refusing to provide information to the State Board when requested, receiving discipline or adverse action from a peer review group, professional society, or agency, failing to keep liability insurance, fraudulent billing practices, and not providing a prescription for glasses.

The act also requires disciplinary action if an optometrist’s illness, infirmity, alcohol, or drug use inhibits his or her ability to practice optometry with reasonable skill and care. Section 65-1517(j) requires the licensee to undergo physical and mental examinations if requested by the State Board. This section indicates that every optometrist practicing in Kansas consents impliedly to the demands of the State Board under subsection (j).

Furthermore, 65-1517 allows the State Board to discipline an optometrist if the licensee settled or was found liability for committing malpractice. Additionally, failing to report an adverse ruling of malpractice is another ground for imposing discipline.

Protect Your License to Practice Optometry in Kansas

Kansas Professional Licensing Attorney Danielle Sanger has the expertise, track record of success, and vast experience you need when facing a disciplinary hearing before the Kansas State Board of Examiners in Optometry. Schedule a consultation with Attorney Danielle Sanger by calling 785-979-4353 today.