Missouri Denied my Professional License; What Can I do?

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Many professionals, including teaching, chiropractors, doctors, nurses, and psychologists, require a state-issued license. The licensing board has certain requirements when it comes to acquiring a license. Of course, these professionals undergo years of formal education before they even get to the point where they must apply for their license. If a professional has invested money and years of their lives working towards their professional goals, just to be denied a license, the results can be devastating.

It is important to remember that if your license is denied, this is not the end of the road. There are ways to challenge the decision and to potentially acquire the license despite the Board’s initial determination.

Why would my license be denied?

Of course, there are formal requirements when applying for a license. A person who fails to meet those requirements, for instance, someone who did not pass a particular exam, may not be eligible to obtain a license until they complete all of the necessary steps.

In other situations, a person’s past may cause them trouble, and their license may be denied because of something on their record. A criminal past can be a reason for the Board to deny a license, but the facts of each case will be important to the Board when they make that decision.

Some factors that will be considered include the severity of the crime. Obviously, a sex offender may be denied a teaching license, but there are other less obvious cases. A nurse, for instance, may be denied a license for having a DUI. A DUI may not be an indication of the nurse’s ability to carry out his or her professional duties, but the denial may come after the Board views that conviction as a sign of who that person is and whether he or she could do harm in that profession.

In a case where it is not entirely clear that the earlier conviction is relevant, there will be other factors for the Board to consider. Those include how recent the conviction was and whether the professional has participated in a rehabilitative program. If the conviction is brand new, this may cause the Board member’s concerns, whereas a ten-year-old conviction might not seem as relevant.

Do I have to Report Past Violations?

When it comes to trying to obtain a professional license, do not lie on any of the forms. Criminal histories may come up in later searches, and lying will cause the problems to become much worse. You might have to explain a past transgression, but trying to hide one will only hurt you in the long run.

Can I Challenge the Decision?

Yes. You can challenge the decision, but there are time constraints and a complicated system to navigate in order to do so. The good news is that the decisions are definitely not final, and you can challenge them to overcome the obstacle and acquire the license you have been working to acquire.

Hiring an Attorney

When it comes to a professional license, you should never take the situation lightly. You have worked too hard to have your efforts fail  just before you obtain the license and start your career.

Hiring a Missouri Professional Licensing Defense Attorney will not be taken as an admission that you have done something wrong, but as an indication that you take your career very seriously and are willing to work through the official channels to ensure that you gain your license.

If you have any questions about how to challenge a Missouri license denial, contact Sanger Law at (785) 979-4353 to learn how we can advocate for you.

Sealing Nursing License Complaints

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Anyone can file a complaint against a nurse. In some cases, families will blame medical professionals when something goes wrong with a loved one’s medical condition, or workplace disagreements can lead to bad blood between co-workers, and a nurse can learn that a complaint was filed regarding his or her conduct. When your profession is at risk, this can be a disheartening, stressful, and frightening occurrence. The complaint may also seem entirely unwarranted or unjust. Perhaps the nurse even knows who complained and the real reason that the individual is seeking to harm his or her profession.

Of course, every nurse who has a complaint filed against them should address these claims seriously and in a professional manner. It is important to hire an attorney to defend against the allegations, regardless of how ridiculous those claims may seem.

The board may see the complaint for what it is, and the nurse may be cleared from wrongdoing. However, in other cases, the complaint may remain on that person’s record. When it comes to professional reputations, complaints matter, potential employers may find the complaint, and without context, make a judgment call about the professional that is not warranted. The nurse who was complained about may find that they are immediately placed on the defensive, trying to explain away something when they were never in the wrong.

There are ways to Seal the Record

The Board has the power to seal the record, and therefore protect the professional from the unfair implications of the complaint. There are several reasons that the records may be sealed.

First, the Board may choose to seal a record because they have determined that the professional has not acted in violation of the Nursing Practices Act. If there was no violation, the Board might opt to seal the records as there is no reason to keep that information available.

In other cases, the board may not determine definitively that the nurse did not violate the Act but may find that there is not enough evidence to substantiate the claim made against the professional. In this instance, the accusations cannot be proven, and the Board can seal the records.

There are other cases that are more complicated, though. In these instances, the Board may make a disciplinary decision that the nurse believes is incorrect or unfair. The nurse has the right to appeal to the Missouri Court System, and the court can override the decision made by the Board. The judge is responsible for determining the outcome in these cases.

What Happens Once the Record is Sealed?

If the record becomes sealed in any of the above ways, then the nurse can effectively move forward without the complaint haunting his or her career. The effect of sealing will make it as though the complaint had never been filed in the first place. No public records containing the complaint will be maintained.

For these nurses, it is appropriate to answer “no” when they are questioned as to whether they have ever had a complaint filed against them. When a possible new job opportunity presents itself, the employer will not come across that troublesome complaint.

If you are facing disciplinary actions against your professional license, there are ways to fight the allegations and protect your profession, and your reputation. Your livelihood is important, and anything that threatens it should be addressed head-on.

Contact the Missouri Professional Licensing Defense Attorney at Sanger Law at (785) 979-4353 to find out how we can help.

 

Doctor Surrenders License in Kansas After Medical Board Review

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Doctors understand the value of their medical licenses. Without a license, the doctor cannot practice their profession. Years of hard work have led to their profession, and in many cases, practicing medicine becomes a part of a person’s identity in addition to their livelihood. When a complaint is made against a doctor’s license, the situation can be stressful and, in some cases, devastating. It is important to take complaints seriously and to fight against any allegations. When it comes to a medical license, there is a great deal at stake.

Doctor in Kansas Surrenders License

A doctor in Kansas recently opted to surrender his professional license after he was investigated by the state’s medical board. The physician was operating an anti-aging clinic and a wellness spa. It is not clear why the doctor was being investigated, but the same physician had previously had his license suspended. Nearly twenty years ago, Kansas suspended the man’s license after he engaged in sexual relations with a nurse and two patients. In Missouri, the same physician had been investigated for failing to complete registration for a controlled substance. The substance in question was testosterone.

The board recently placed an emergency suspension on the doctor’s license after stating that the continued practice of medicine by the individual would lead to an imminent danger to his patients. The doctor eventually agreed to surrender his license to end the most recent investigation.

Why would a Doctor Lose Their License?

Doctor’s licenses may be challenged for a number of reasons, including poor quality of care to their patients, sexual abuse or misconduct, mental impairment, drug or alcohol abuse, or administrative misconduct. When it comes to the medical profession, these individuals are required to meet a high level of care and must abide by strict professional guidelines.

In many cases, the allegations may not be true, or the case is not clear cut. When the medical board receives a complaint about a doctor, there is a process that the board will go through in determining whether to take disciplinary actions against that physician.

The penalties a person will face will depend on the severity of the misconduct. Given the potential for a severe outcome, including the loss of a medical license, it is crucial that a doctor who receives notice of a complaint address the allegations aggressively.

Defending a medical license

If you are facing an investigation, you will have to provide a defense at a hearing. Hiring an attorney to handle the issue can help doctors understand how to best protect themselves and their livelihood. A lawyer who specializes in professional licensing issues will help you to understand what to do and can ease some of the stress brought on by the allegations.

Another step to take is to contact your malpractice insurance provider. Contact should be made as soon as you are aware of the investigation. In many cases, the insurance policy will require that you take this step promptly. Contacting your insurer will help protect you in the future.

You may also speak to your attorney about whether you need to hire an expert to defend you. You might know people in the medical field who would be helpful in providing a defense at your hearing. Tell your attorney and ask if this is necessary for your given situation.

The Kansas Professional Licensing Defense Lawyer at Sanger Law are ready to help protect your profession. Contact us today at (785) 979-4353  to discuss your case.

Opioid Case Leads to Pharmacist Losing License

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The opioid crisis in America has led to hundreds of thousands of deaths across the United States. In fact, new reports indicate that about 99,160 more people were killed in this epidemic than previous reports had determined. In total, about 450,000 people across the country have lost their lives in opioid overdoses.

The issue has become a complicated one because it brings up questions about professional responsibility for doctors, nurses, and pharmacists. The people becoming addicted to these powerful drugs often are not individuals who are seeking street drugs. Instead, many of these people are initially prescribed the pain killers by their doctors.

Pharmacist Loses License

A pharmacist recently made headlines when he was required to surrender his professional license after being accused of illegitimately selling painkillers to patients. The consequences for the filling of prescriptions that were deemed questionable included a $600,000 fine, and his business can no longer carry controlled substances.

A court found that the pharmacy ignored red flags and continued to fill prescriptions, especially for opioids to patients who other pharmacies had already cut off. One person at the pharmacy reportedly expressed concern, but the pharmacist stated that his policy was to fill prescriptions for anyone whose doctor had written one.

As the opioid epidemic has spread, similar stories are taking place throughout the country.

Medical Professionals Caught in A Difficult Place

For many in the medical field, the opioid crisis has presented challenges. On the one hand, the spread of addiction is a serious concern for the nation and one that needs to be properly addressed. At the same time, doctors prescribe opioids for a reason. These drugs are a form of medication that has a proven benefit for patients. Doctors are required to do what they can to adequately treat their patients but are also required to abide by strict regulations. Additionally, many doctors are having to base part of their decision on what their patients are reporting to them.

It is a dangerous and challenging place for doctors to be when treating their patients to the best of their ability could potentially place their career and more at risk. The same holds true for pharmacists who are filling those prescriptions. The limited amount of information available means that pharmacists may be making a decision that could harm their patients and put their career in jeopardy, or they could be simply providing a needed medication to a person with a valid reason for that drug. The line between the two may not always be clear.

Pharmacy License Defense

Pharmacists are required to obtain licenses to practice in Missouri and Kansas. When a complaint is made against a pharmacist, this can lead to disciplinary actions against that individual. In serious cases, the person could lose their ability to practice his or her profession.

For professionals who are accused of a violation, it is incredibly important to address the allegations. Licensing laws permit anyone to file a complaint. This means disgruntled clients or hostile coworkers are able to file complaints that may not always be valid. The state allows professionals the opportunity to defend themselves.

One of the first steps to take when accused of committing a professional violation is to hire a professional license defense attorney. Professionals should never try to handle these situations on their own and should not discuss the allegations with anyone but their attorney.

The Kansas Professional License Defense Attorney at Sanger Law are ready to help you navigate the professional licensing system. We are ready to serve as your advocate and to protect your livelihood. Contact us today at (785) 979-4353 to discuss your case.