Preparing for a Kansas Board of Healing Arts Hearing: Steps to Build a Strong Defense

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As a medical professional in Lawrence, Kansas, or any part of the state, facing allegations of substance abuse before the Kansas Board of Healing Arts (KSBHA) can be incredibly stressful. Your career, reputation, and ability to continue practicing medicine are all at risk. If you have received a notice from the KSBHA regarding such allegations, preparing a strong defense is crucial. Understanding how the KSBHA process works, what types of evidence may be used against you, and how to effectively defend yourself are essential steps to protecting your license. In this guide, we’ll walk through how to prepare for a KSBHA hearing, focusing on allegations related to substance abuse, and highlight why working with a Kansas Board defense attorney can make all the difference.

Starting the Process: How Substance Abuse Allegations Arise

Substance abuse allegations may come from a variety of sources, including patients, colleagues, or even mandatory reporting from healthcare facilities. These allegations can range from accusations of working under the influence, diverting controlled substances, or self-medication. Once the Kansas Board of Healing Arts receives such a complaint, they initiate an investigation to determine whether there is enough evidence to bring formal charges against the medical professional.

The process begins with the KSBHA sending a notice of investigation to the healthcare professional involved. This notice typically includes details about the allegations and the investigation process. It is crucial to respond promptly and strategically, as failure to do so may result in default judgments, potentially leading to license suspension or revocation. According to the Kansas Administrative Procedure Act (KAPA), K.S.A. 77-501 et seq., healthcare professionals have the right to defend themselves during disciplinary proceedings, but a well-prepared defense is essential to success.

In Lawrence and the surrounding Kansas areas, healthcare professionals rely on their medical licenses to earn a living. The consequences of losing your license due to a KSBHA hearing can be severe, so having a clear understanding of the process and your rights is crucial.

Kansas Medical License and Hearing Statutes

The KSBHA is empowered to take disciplinary action against medical professionals under Kansas Statute K.S.A. 65-2836, which outlines the grounds for suspension, revocation, or other penalties. Allegations of substance abuse fall under the broader category of unprofessional conduct, and the KSBHA has a duty to ensure that any healthcare professional practicing in Kansas adheres to the highest standards of care and ethics.

Once an investigation begins, the KSBHA will assign an investigator who will gather evidence, interview witnesses, and potentially consult with medical experts. If the investigator finds substantial evidence, formal charges may be filed, leading to a hearing before the KSBHA. At this hearing, both sides will present evidence, and the Board will ultimately decide whether to impose disciplinary action.

Kansas law requires that the Board follow the procedures set out by the Kansas Administrative Procedure Act, ensuring due process for all parties involved. Understanding these statutes and regulations is crucial for any healthcare professional preparing for a hearing. A Kansas Board defense attorney familiar with the intricacies of these laws can help navigate the process while advocating for your rights at every stage.

The Defense Process: Building a Strong Case

Preparing for a KSBHA hearing involves several critical steps that can greatly influence the outcome of your case. The first step is working closely with your defense attorney to develop a comprehensive strategy that addresses the specific allegations raised by the Board.

One of the most important aspects of building a defense is gathering evidence to counter the claims of substance abuse. This may include:

  • Medical and employment records: Demonstrating that you were not impaired during the alleged incidents.
  • Witness testimony: Statements from colleagues or patients who can attest to your professional behavior.
  • Expert testimony: Medical experts who can offer opinions regarding the standard of care or whether your conduct deviated from acceptable practices.
  • Documentation of treatment or rehabilitation: If you’ve sought help for substance abuse issues, documentation of voluntary treatment programs or rehabilitation efforts can serve as mitigating factors during the hearing.

Your defense attorney will guide you in collecting and presenting these types of evidence effectively. In Kansas, professional license defense attorneys play a crucial role in organizing a defense that not only addresses the allegations but also presents a holistic view of your character and professional history.

Consequences of Losing Your Case

The stakes in a KSBHA hearing are high. If the Board rules against you, the consequences can be far-reaching. The most severe penalty is license revocation, which would prevent you from practicing medicine in Kansas. Other potential penalties include suspension, probation, fines, or mandated rehabilitation programs.

Beyond the immediate impact on your medical license, losing a KSBHA case can also have long-term consequences for your career. A record of disciplinary action may be reported to national databases like the National Practitioner Data Bank (NPDB), which could limit your ability to obtain licensure in other states or work in certain healthcare facilities. This makes it critical to work with a skilled KSBHA Defense Lawyer who can protect your future.

The Role of Expert Testimony in Your Defense

Expert testimony is often a pivotal component of defending against substance abuse allegations before the KSBHA. Medical experts can provide objective insights into whether your conduct fell below the standard of care or whether the allegations against you are exaggerated or unfounded.

For example, if you are accused of working under the influence of a controlled substance, a medical expert can evaluate whether the medication prescribed to you would have affected your ability to perform your duties safely. Expert witnesses can also testify about the reliability of drug tests, helping to counter any false positives or irregularities that may have occurred during the testing process.

Having access to credible and experienced experts is essential to mounting an effective defense. Working with a Kansas Board defense attorney ensures that you’ll have the right experts on your side to support your case.

Types of Evidence the KSBHA Collects

The KSBHA will gather a wide range of evidence to support the allegations against you. This evidence may include medical records, witness statements, drug test results, and documentation of any prior disciplinary actions. Understanding the types of evidence the Board will use against you is critical to preparing a defense.

The Board’s investigator may also seek testimony from patients or colleagues who reported concerns about your conduct. This evidence will be used to build a case against you, but it is not always conclusive. An experienced Kansas Board defense attorney will challenge the credibility of this evidence, especially if it is based on hearsay or subjective opinions.

Additionally, the Board may use expert testimony to argue that your behavior fell below the accepted standard of care due to substance abuse. However, these experts can be countered with testimony from your own experts, highlighting the importance of having a defense team that knows how to handle medical evidence and expert opinions.

The Benefits of Working with a Kansas Board Defense Attorney

The KSBHA process is complex, and trying to handle it on your own can lead to costly mistakes. Working with a Kansas Board defense attorney ensures that you have an advocate who understands the nuances of KSBHA hearings, Kansas statutes, and the administrative law process.

A defense attorney can help you:

  • Understand your rights and the process
  • Gather and present the right evidence
  • Cross-examine witnesses and experts
  • Present a persuasive defense to the Board

Your attorney’s role is to protect your license and your livelihood. The legal strategies they employ will be tailored to the specifics of your case, whether you are facing a first-time allegation or have a history of complaints.

Potential Legal Defenses in KSBHA Cases

There are several legal defenses that may apply in substance abuse cases before the KSBHA. These defenses might include:

  • Lack of evidence: Challenging the adequacy of the evidence presented by the Board.
  • Procedural errors: Arguing that the KSBHA did not follow proper procedures during the investigation or hearing process.
  • Medical explanation: Providing a medical justification for the alleged substance use, such as a prescribed medication that does not impair performance.
  • Witness credibility: Questioning the reliability of witnesses who may have reported false or exaggerated claims.

Each case is unique, so it is important to work with an attorney who can evaluate the specifics of your situation and develop a defense strategy that works for you.

Qualities to Look for in a Kansas Professional License Defense Attorney

When choosing a professional license defense attorney, look for the following qualities:

  • Experience with KSBHA cases and Kansas administrative law.
  • Strong negotiation and courtroom skills.
  • A proven track record of defending medical professionals.
  • Familiarity with medical and scientific evidence.
  • Compassion and understanding of the stress you are facing.

Your attorney should be someone who can provide both legal expertise and personal support during this challenging time.

Questions to Ask During a Free Consultation

When meeting with a potential Kansas Board defense attorney, consider asking these questions:

  • How many KSBHA cases have you handled?
  • What percentage of your practice is focused on professional license defense?
  • How do you approach cases involving substance abuse allegations?
  • What is your success rate in similar cases?
  • How will you keep me informed throughout the process?

Kansas Professional License Defense FAQs

This section will contain city-relevant FAQs that answer typical concerns about KSBHA cases and substance abuse allegations in Kansas, explaining rights, processes, and potential consequences.

Why You Need Sanger Law Office, LLC

Defending against substance abuse allegations before the KSBHA is not something to take lightly. Without experienced legal representation, you risk losing your license and your ability to practice medicine. Sanger Law Office, LLC has decades of experience defending healthcare professionals in Kansas and Missouri. Our legal team understands the intricacies of Kansas medical statutes and is dedicated to providing strong, effective representation.

Call to Action

If you are facing substance abuse allegations from the Kansas Board of Healing Arts, don’t wait to secure your defense. Contact Sanger Law Office, LLC for a free consultation today. Our decades of experience in Kansas professional license defense can help protect your career. Call (785) 979-4353 for Kansas or (816) 520-8040 for Missouri. We’re here to fight for your future.

Why You Should Never Face a KSBHA Complaint Without a Professional License Defense Attorney

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Introduction: Navigating a KSBHA Complaint in Lawrence, Kansas

Facing a complaint from the Kansas Board of Healing Arts (KSBHA) can be one of the most stressful experiences for any healthcare professional in Lawrence, Kansas, and across the state. A single complaint, whether it stems from a misunderstanding, a patient’s dissatisfaction, or allegations of misconduct, can threaten your career and reputation. Healthcare professionals who find themselves in this position often underestimate the complexity and severity of the process. Without experienced legal representation, the odds can quickly stack against you. This article highlights the critical reasons why you should never handle a KSBHA complaint without a professional license defense attorney and how doing so can impact the future of your medical practice.

The Complex Nature of KSBHA Complaints

KSBHA, the state agency responsible for regulating healthcare professionals in Kansas, has significant authority to investigate, discipline, and revoke the licenses of physicians, nurses, chiropractors, and other medical practitioners. When the board receives a complaint, it triggers a process that could result in an investigation, formal hearings, and potentially severe consequences if the allegations are substantiated.

The process begins when a patient, coworker, or another party files a complaint. Once the complaint is filed, the KSBHA will send you a notification, requiring a response. Kansas statutes such as K.S.A. 65-2836 (grounds for disciplinary actions) and the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.) govern the legal standards and procedures for addressing these complaints. Failing to fully understand or comply with these legal requirements can quickly turn a manageable situation into a professional crisis.

The complaint may allege malpractice, unethical conduct, violation of medical standards, or even substance abuse issues. Whatever the nature of the complaint, you must respond thoughtfully and strategically. This is where the guidance of a professional license defense attorney becomes essential. A KSBHA defense lawyer understands the law, knows how the board operates, and will ensure your rights are protected at every step of the process.

Investigating and Responding to a KSBHA Complaint

Once a complaint is lodged, the KSBHA initiates a detailed investigation. This may involve interviewing witnesses, reviewing medical records, and assessing your conduct. The investigation aims to gather sufficient evidence to determine whether the allegations hold merit. If the board finds cause to proceed, you could face a hearing where evidence is presented, and you must defend your professional actions.

The investigation phase is critical. The board will collect medical records, interview patients, and sometimes consult with other healthcare professionals to analyze your conduct. The KSBHA will try to establish whether your actions fall below Kansas’ accepted medical standards. Kansas Statutes such as K.S.A. 65-2837 (the duty to report and consequences for failing to report) and K.S.A. 65-2838 (proceedings for suspension or revocation of a medical license) are key legal provisions in these cases. Without an attorney’s guidance, responding to these requests for information can be daunting and rife with risks.

Your attorney will play an integral role during this phase, ensuring that your response to the board is accurate, legally sound, and protects your interests. Any misstep in responding can be detrimental to your case. An experienced Kansas Board defense attorney, like those at Sanger Law Office, LLC, understands the intricacies of the legal standards and will help prepare the best possible defense from the start.

The Consequences of Losing Your Case Before the KSBHA

If the KSBHA determines that you have violated professional standards, the consequences can be career-ending. Potential penalties include:

  • Suspension of your medical license
  • Revocation of your license
  • Significant fines and penalties
  • Mandatory continuing education or rehabilitation programs
  • Public reprimand, which may be available to the public, patients, and future employers

These consequences can tarnish your professional reputation, limit your ability to practice medicine, and have long-lasting effects on your career. Losing your case before the KSBHA without proper legal representation can often result from a lack of understanding of the legal process and failure to present a robust defense.

Why You Need Sanger Law Office, LLC for Every Step of the Process

At Sanger Law Office, LLC, we understand the stakes in professional license defense cases. Every case we handle is carefully reviewed to identify weaknesses in the evidence against you and to build a strategy that positions you for the best possible outcome.

The defense process starts with a thorough case analysis. Our legal team will assess the allegations, review the facts, and gather evidence to support your case. The importance of having legal representation at this stage cannot be overstated. It is not just about responding to the board’s inquiries but about doing so in a manner that protects your license and career.

Once the investigation moves forward, we will prepare your defense, represent you in any hearings, and ensure that your side of the story is presented effectively. From preparing evidence to cross-examining witnesses, every aspect of your defense is crafted to challenge the board’s case against you.

The Role of Expert Testimony in KSBHA Defense Cases

In many KSBHA cases, expert testimony plays a crucial role in determining whether a healthcare professional acted within the standard of care. The board often relies on medical experts to provide opinions on whether your actions met the acceptable level of care required by Kansas law.

At Sanger Law Office, LLC, we work closely with reputable experts in the medical field who can testify on your behalf. These experts can provide an objective analysis of your conduct and help demonstrate that your actions were consistent with professional standards.

Expert testimony can challenge the board’s claims and offer alternative explanations for the allegations against you. For example, if the complaint alleges that you deviated from standard medical practices, a well-qualified expert can offer testimony showing that your actions were appropriate under the circumstances. This testimony can be critical in turning the tide in your favor during a hearing.

Evidence Gathered Against You in KSBHA Complaints

The KSBHA has broad authority to collect a range of evidence during its investigation. This evidence can include:

  • Medical records: The board will review your treatment records to determine whether your care was consistent with professional standards.
  • Patient complaints: Statements from the complainant, including patients or coworkers, may be used against you.
  • Expert opinions: The board may rely on its own medical experts to assess your conduct.
  • Witness testimony: Individuals involved in your practice or the case may be called upon to testify about your actions.

Every piece of evidence gathered is scrutinized to build a case against you. Therefore, it is critical to have an attorney who understands the types of evidence that will be collected and how to counter it effectively.

Legal Defenses in KSBHA Cases

The defense in a KSBHA case is multifaceted, and no two cases are alike. Some of the most common defenses include:

  • Challenging the credibility of the evidence: Questioning the accuracy or validity of the complainant’s statements or the medical records presented.
  • Standard of care: Arguing that your actions were consistent with accepted medical practices.
  • Lack of merit in the complaint: Demonstrating that the complaint is unfounded or motivated by personal grievances.
  • Procedural violations: Pointing out any failures by the board to follow proper procedures in their investigation or hearing process.

An experienced Kansas Board defense attorney will develop a defense strategy tailored to your specific case.

Qualities to Look for in a Kansas Professional License Defense Attorney

When selecting a defense attorney, it is important to choose someone with experience in KSBHA cases. Some qualities to look for include:

  • Experience in professional license defense: You want an attorney who understands the nuances of KSBHA cases.
  • Strong negotiation skills: An attorney who can effectively negotiate with the board and resolve issues favorably.
  • Knowledge of Kansas statutes: Familiarity with Kansas laws governing medical licenses and disciplinary actions is critical.

Questions to Ask During a Free Consultation

During your free consultation, consider asking the following questions:

  • How many KSBHA cases have you successfully defended?
  • What is your strategy for handling complaints before the Kansas Board of Healing Arts?
  • How do you communicate with clients throughout the process?

These questions can help you gauge the attorney’s experience and determine whether they are the right fit for your case.

Kansas Professional License Defense FAQs

(This section will cover city-specific FAQs related to Kansas law and the process healthcare professionals face when dealing with KSBHA complaints.)

Why You Should Choose Sanger Law Office, LLC

Handling a KSBHA complaint without a professional license defense attorney is a mistake that can have serious repercussions. At Sanger Law Office, LLC, we have the experience, knowledge, and resources to defend healthcare professionals against KSBHA complaints. With decades of experience, we are well-equipped to handle every aspect of your case, from investigation to hearings.

Choosing to face the KSBHA without legal representation leaves you vulnerable to missteps, misunderstandings, and potentially severe penalties. At Sanger Law Office, LLC, we ensure that your rights are protected and your defense is robust.

If you are facing a complaint from the Kansas Board of Healing Arts, contact Sanger Law Office, LLC today for a free consultation. We have the experience and dedication to defend your professional future. Call us at (785) 979-4353 for Kansas or (816) 520-8040 for Missouri to schedule your consultation. Your career is worth protecting—trust Sanger Law Office, LLC to stand by your side.

Why You Should Never Face a KSBHA Complaint Without a Professional License Defense Attorney

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If you are a healthcare professional in Lawrence or any other part of Kansas, facing a complaint from the Kansas Board of Healing Arts (KSBHA) can be an intimidating experience. The stakes are high — your medical license, livelihood, and reputation are on the line. The KSBHA has the authority to impose severe disciplinary actions, ranging from fines to the suspension or revocation of your license. Many professionals believe that responding to a KSBHA complaint is something they can handle on their own, but this is a significant mistake.

Navigating the legal and procedural landscape of a KSBHA complaint is complex and fraught with potential pitfalls. You need an experienced KSBHA defense lawyer who understands the intricacies of Kansas statutes and administrative law. At Sanger Law Office, LLC, located in Lawrence, Kansas, we have decades of experience defending healthcare professionals facing these types of complaints. Here’s why legal representation is essential.

The Importance of Legal Representation in KSBHA Complaints

When the KSBHA receives a complaint, it initiates an investigative process governed by Kansas law. The Kansas Statutes Annotated (K.S.A.) 65-2836 outlines the grounds for disciplinary action, which include unprofessional conduct, gross negligence, and violation of medical standards. For any healthcare provider, understanding the legal framework governing these allegations is critical, but it’s not something that can be mastered overnight.

As a physician or other healthcare provider, your focus has been on your practice and patients, not on the legal procedures that the KSBHA follows. This is where an experienced Kansas Board defense attorney comes into play. A lawyer familiar with the KSBHA’s rules and processes can help you craft a defense that speaks directly to the allegations and protects your rights throughout the investigation and potential hearing.

In Lawrence, Kansas, healthcare professionals can face these complaints for a variety of reasons. Allegations of malpractice, unethical behavior, or substance abuse can arise from patient grievances or workplace conflicts. A defense attorney can help by providing expert guidance on how to respond, ensuring that every step you take is aligned with your legal rights and protections under Kansas law.

How KSBHA Complaints Begin and the Investigation Process

The complaint process typically begins with a formal complaint filed by a patient, colleague, or another third party. This complaint can range from accusations of negligence to more serious claims of fraud or substance abuse. Once the complaint is filed, the KSBHA reviews the allegations and determines whether they warrant further investigation. At this point, you will be notified and required to respond.

A crucial aspect of the process is understanding that the KSBHA is not merely conducting an inquiry; it is looking for violations that may result in sanctions against your medical license. Kansas law requires that you respond to the KSBHA within a specified timeframe, typically 15 to 30 days from receiving the complaint. This is a very limited window, and every word in your response counts.

During the investigation, the KSBHA will gather evidence, interview witnesses, and review patient records or billing information. The goal of the Board is to determine if the healthcare provider’s conduct falls below the accepted standard of care or violates any professional conduct rules. At this stage, it is essential to have a professional license defense attorney on your side to protect your rights and ensure that you are fairly represented.

Potential Consequences of Losing a KSBHA Case

If the KSBHA investigation leads to formal charges, a hearing may be held to determine whether disciplinary action is warranted. This hearing is a critical moment in the case, where evidence is presented, witnesses are examined, and arguments are made.

Under K.S.A. 65-2836, if you lose your case, the consequences can be severe. Possible penalties include:

  • License suspension or revocation
  • Monetary fines
  • Restrictions on your ability to practice
  • Mandatory continuing education or rehabilitation programs
  • Public censure, which can damage your professional reputation

The outcome of a KSBHA hearing can permanently impact your career. Without the guidance of an experienced KSBHA defense lawyer, you could unknowingly weaken your defense or fail to present critical evidence that could exonerate you.

The Types of Evidence in KSBHA Cases

In any KSBHA complaint, evidence plays a pivotal role in determining the outcome. The KSBHA will collect a range of materials to build its case against you, including:

  • Medical records: The Board will review patient charts, treatment plans, and prescriptions to identify potential errors or unethical practices.
  • Witness testimony: Patients, colleagues, or other healthcare workers may be called to provide their perspective on the allegations.
  • Expert opinions: The KSBHA often relies on expert testimony to evaluate whether the care provided met acceptable medical standards.
  • Financial documents: In cases involving allegations of fraud, the KSBHA may scrutinize billing records, insurance claims, and other financial transactions.

A professional license defense attorney in Kansas can help you gather your own evidence to counter the claims made against you. This may include presenting alternative expert opinions, securing witness statements in your favor, and highlighting inconsistencies in the complainant’s allegations.

The Defense Process in Kansas

Defending yourself against a KSBHA complaint requires a strategic approach tailored to the specific allegations. Each step of the process is critical, and missteps can result in irreversible damage to your case.

At Sanger Law Office, LLC, we provide comprehensive defense services, guiding you through each stage of the KSBHA process:

  • Initial Response: We help you craft a strong, fact-based response that addresses each allegation and sets the tone for your defense.
  • Investigation Support: We work to gather all necessary evidence, including medical records, witness statements, and expert testimony, to counter the complaint.
  • Hearing Representation: If your case progresses to a formal hearing, we represent you before the KSBHA, ensuring your rights are protected and your defense is effectively presented.

Throughout this process, our focus is on minimizing the potential for disciplinary action and safeguarding your medical license.

Legal Defenses for KSBHA Complaints

There are several potential defenses that can be raised in response to a KSBHA complaint, depending on the specific allegations. Common legal defenses include:

  • Challenging the credibility of the complainant: If the complaint comes from a disgruntled patient or former employee, we may question the motive behind the complaint.
  • Demonstrating adherence to standard care: In cases involving accusations of malpractice, we can present evidence that your actions were consistent with the accepted medical standard of care in Kansas.
  • Proving procedural errors: The KSBHA must follow strict procedures when conducting investigations. If we identify any procedural errors, we may be able to challenge the validity of the investigation.
  • Statute of limitations: Kansas law imposes time limits on when complaints can be filed. If the complaint is outside this window, we may seek to have the case dismissed.

Qualities to Look for in a Kansas Professional License Defense Attorney

Choosing the right attorney to represent you in a KSBHA case is essential. Look for a lawyer with:

  • Extensive experience in professional license defense cases, particularly those involving the Kansas Board of Healing Arts.
  • Strong communication skills to effectively advocate for you in hearings and negotiations.
  • A deep understanding of Kansas law, including KSBHA regulations and medical malpractice statutes.
  • A proven track record of successfully defending healthcare professionals in similar cases.

Questions to Ask During a Free Consultation

Before hiring an attorney, ask the following questions during your consultation:

  • How many KSBHA cases have you handled?
  • What is your success rate with cases like mine?
  • How will you approach my defense?
  • What are the possible outcomes of my case, and how will you work to achieve the best one?
  • How will you keep me informed throughout the process?

Why You Need Sanger Law Office, LLC

Facing a complaint from the Kansas Board of Healing Arts is not something you should take lightly. A professional license defense attorney can provide you with the guidance, support, and legal expertise necessary to defend your license and career. Attempting to handle the case without experienced representation can lead to critical mistakes and potentially devastating outcomes.

Sanger Law Office, LLC, located in Lawrence, Kansas, has decades of experience defending healthcare professionals facing complaints before the KSBHA. We understand the challenges and complexities of these cases and are dedicated to achieving the best possible outcome for our clients.

If you’re facing a complaint from the Kansas Board of Healing Arts, don’t wait to secure legal representation. Contact Sanger Law Office, LLC today for a free consultation. With extensive experience in Kansas license defense, we are committed to protecting your professional future. Call (785) 979-4353 for Kansas or (816) 520-8040 for Missouri.

Doctors Must Fight to Keep Their Disciplinary Actions Private

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Making sure disciplinary actions are kept away from public view helps keep a physician’s practice in business even when the doctor is on probation. According to Consumer Reports, approximately 66% of people polled, favor a policy preventing physicians on probation from treating any patients until the their probation has been completed.  82% of people surveyed think state licensing boards should create new rules that mandate doctors, who are on probation, to report their probation to their patients. They would be required to explain why the physician is on probation, for how long, and for what was the infraction or infractions the licensing authority disciplined the doctor. Physicians who are facing disciplinary action must to maintain their privacy as they continue to practice medicine during their probationary term.

Missouri and Kansas professional licensing attorney Danielle Sanger knows the challenges doctors deal with when facing professional discipline. A physician who is being investigated for a violation of the professional standards needs to weigh their options when negotiating a resolution or contesting the charges. Attorney Sanger has dedicated her law practice to representing doctors, health care professionals, nurses, and other professional licensees. Attorney Sanger has a thorough understanding of administrative law in both Missouri and Kansas. A doctor who is facing a disciplinary hearing can rely on her knowledge and experience to develop a winning legal defense that protects your medical license so you can earn a living while you rectify the alleged problems that brought you before the medical licensing board.

Doctors are human who can encounter issues from time to time. These issues may be a complaint from an employee or patient concerning matters such as sexual harassment, incorrectly prescribing medication, substance abuse, or criminal offenses. These allegations may be minor, but a doctor should take all complaints very seriously.

Kansas and Missouri medical licensing boards know that the must strike a balance between public safety and opportunity for the physician to rehabilitate themself. Probationary periods, public reprimands, suspensions, and revocation of the doctor’s medical license are harsh punishments and are assessed by the licensing boards. These determinations are based on factors such as the severity of the infraction, the severity of the injury, the length of time in practice, the outcome of a criminal prosecution, and the egregiousness of the physician’s behavior.

Consult Kansas and Missouri Licensing Attorney Danielle Sanger as Soon as Possible

Attorney Danielle Sanger is available to consult with you about your disciplinary action proceeding. Call the Law Offices of Danielle Sanger today at 785-979-4352 to schedule your initial consultation.  Our Kansas Professional Licensing Attorney looks forward to making a difference for you.

How to Know When to Negotiate a Favorable Disposition or Defend Against the Charges

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Developing an effective defense strategy against allegations of professional licensing misconduct starts with a detailed examination of the circumstances. There cannot be a practical method to devise a winning defense strategy without a comprehensive review of the claims and the factual underpinnings.

Understanding the facts and circumstances of the charges is important and it is important to conduct a complete investigation to uncover the strengths and weaknesses of the government’s case. Sometimes a thorough investigation will reveal that the best strategy is to negotiate a favorable disposition of the action. In other circumstances, the better solution is to defend the Accused until the bitter end.

Our professional licensing attorney will have several considerations to analyze before notifying a client of the feasible outcome of the disciplinary action. Any licensing defense attorney who represents a client has the duty of advising the client about all of the possible avenues the litigation and all potential outcomes of each avenue. The license defense attorney will also advise the client about the benefits and pitfalls of each choice.

Inexperienced attorneys often fail to provide their clients with a complete analysis of their cases. Those attorneys often dump the decisions on the client. Of course, the client ultimately makes the decision in the end. However, an effective legal representative will talk through each scenario to flush out the best potential outcome.

Our seasoned professional licensing attorney will evaluate her client’s tolerance for risk prior to advising the client on a particular defense strategy. There are few clients who want to “roll the dice” and see what occurs at their full hearing. But most people are more cautious and want to reduce their exposure. 

The question is: how do you know which direction to go?

Naturally, the answer to this question is not always an absolute certainty. The professional licensing attorney has to advise their client entirely and answer all of the legal questions that the client has at the time. Moreover, no one is bound to a course of action after a decision is made on a defense strategy. There are times when a hybrid approach is the best option.

In some cases, clients will ask their attorney to negotiate the best disposition possible in their case. An experienced licensing attorney would negotiate with the prosecuting attorney to arrive at an arrangement that is in your best interest. If no agreement can be reached, then you and your attorney will need to evaluate the situation. In many cases, defending the case until the very end is the best option and produces the best results 

Discuss All of Your Options with A Trusted Professional Licensing Advocate

Missouri and Kansas Professional Licensing Attorney Danielle Sanger has a well-earned reputation as a trusted advocate for professional licensees. You could rely on her experience and expertise to guide you through a difficult and challenging juncture in your career. Call Attorney Sanger today at 785-979-4353 to find out more.

CNA Nursing Board License Defense Attorney in Kansas and Missouri.

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We Fight to Protect Your Nursing License in Kansas & Missouri.

As a certified nursing assistant, you help people in their time of need. When your career is on the line, you need an experienced defense attorney to protect your ability to work. If you are being investigated by a Missouri or Kansas State Board of Nursing, you need to speak to our CNA defense attorney at Sanger Law Office. We know that your nursing career is your livelihood. We represent CNAs throughout Kansas and Missouri who are under investigation for disciplinary matters.

Anyone is able to file a complaint against a CNA, including employers, patients, hospitals, co-workers, and even family members. These investigations examine a wide variety of matters, such as:

  • Falsities in the license application process,
  • Past conduct affecting your right to obtain a license,
  • Standard of care violations,
  • Medication errors,
  • Failure to comply with CE requirements,
  • Fraud, theft, or deception,
  • Abuse of patients, 
  • Unsafe medical methods,
  • Commission of criminal offenses, 
  • Inappropriate relationships with patients, 
  • Malpractice lawsuits and judgments,
  • Impairment affecting your ability to practice, such as drug or alcohol use,
  • Sexual misconduct, and
  • all other actionable offenses. 

In most cases, your first clue that an investigation has been with be the receipt of a letter informing you that an agency is considering taking adverse action against you. This agency might be the state Nursing Board, and the letter will inform you that you are the subject of an investigation or a complaint. The letter may also state the Board’s proposed course of action. Investigations will then begin an investigation, which can last several months.  

Always take notice of a complaint from the Board seriously as any adverse action lodged by the Nursing Board will seriously impact your ability to work as a CNA. The State Nursing Boards have the authority to revoke, deny, suspend, censure, or limit your license or ability to work as a CNA. There are hefty legal fines that may be levied against the defendant.

After receiving the investigation letter, the first step is to contact our Nursing Board license defense attorney at Sanger Law Office. It is important that you contact our office before you respond to requests for documents and before attending any interviews. All statements that you make during the investigatory process will likely negatively impact your case. Any evidence discovered during an investigation could turn an early dismissal of the complaint into a lengthy hearing process.

Depending on the facts of the case, you may be given the option of seeking informal resolution of the complaint. An informal resolution is an educational remedy. Along with your legal representative, you can pursue an agreement to resolve the charges. In an informal resolution, you could receive permission to remedy the issue by attending continuing education, entering into regular drug and alcohol testing, or being placed on probation. Your defense attorney will play an essential role in helping you present favorable evidence throughout the investigations. This can help persuade your acceptance into an informal resolution.

More severe charges will likely be subject to formal discipline. If a complaint is referred for an administrative hearing, you and your attorney must request a hearing to counter any action taken against you. An administrative hearing is similar to a trial. The hearing is recorded and includes submitting evidence by each party. You could face serious disciplinary action against your nursing license if a violation is found at the administrative hearing. Moreover, not having a hearing will almost guarantee severe actions will be taken against you. 

Defend Your Nursing Career!

If your CNA job is at risk, contact our Kansas and Missouri Nursing Defense Attorneys at Sanger Law Office. Our firm is led by Attorney Danielle R. Sanger. Ms. Sanger has devoted her law practice to protecting nurses and other professionals in administrative proceedings brought by state and federal regulatory agencies. With the assistance of the Sanger Law Office, you can rest assured that your nursing career and future are in the best of hands. We will fight to see that you obtain the best outcome possible given the facts of your case. Call the Sanger Law Office at 785-979-4353 (Kansas) or 816-520-8040 (Missouri) to schedule your free consultation and start protecting your nursing career today!

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Describes How Nurses Can Enhance their Practice and Avoid Discipline

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The news is full of reports of hair-raising medical malpractice cases. But any nurse can tell you that these incidents are really quite rare. That is not to say that patients are not injured due to mistakes; on the contrary, patients are injured, but these injuries more commonly arise from minor mistakes that compound over time, not from massive, single incidents. For nurses, these mistakes commonly arise during observations, when the nurse is checking in on the patient’s health, condition, and progress.  Because documentation is so necessary in nursing, these lapses and mistakes are often easy to catch and result in discipline.

I wrote the following blog post to explain how better observations can improve your chances of avoiding discipline. If you are a nurse in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

How Careful Patient Observations Help You Avoid Discipline

As a nurse, you must properly observe, assess and monitor your patients’ care. Injury and death may result from a lapse in this duty, resulting in discipline against you and even legal claims.  As I said above, it is fairly rare that a single, dramatic lapse causes this sort of unfortunate result; usually, it is caused by the slow accumulation of sloppy practices and shortcuts.

It may sound strange, but you have an opportunity to create the evidence that will be used against you in a licensing case.  What I mean is that your written patient observation notes are the best evidence of your innocence or your guilt. Your failure to keep records of your observations and actions is the best possible evidence against you—don’t give the licensing board an easy case! Instead, always be diligent about documenting that you monitored vitals, provided medications, noted changes in the patient’s condition, and any other care you provide. While time-consuming, making these behaviors a habitual practice will pay dividends in the long-run.

Stay Current on Your Required Professional Education

As a professional, you should want to be up to date regarding changes in your field. As you are well aware, technology and treatment protocols change rapidly. Stay up to date with these changes by maintaining your professional education requirements; failure to do so is often used as evidence when an error occurs. Importantly, if you fail to integrate these new practices into your patient care, this glaring omission will stand out to a board imposing discipline. Do not give the state licensing board their case against you—stay up to date on your training.

Hire an Experienced Licensing Attorney if Allegations Arise

While taking the above steps will help you avoid allegations, hospital politics, disappointed patients, and other factors outside your control can still lead to accusations. Too many nurses believe that they can talk their way through the discipline process. You can’t. If any allegation arises against you, contact an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your nursing license to lose it because you failed to attain the sort of professional legal advice you needed when an allegation was made against you. Taking the above steps to improve your observations is just one piece of helpful information; speak with an experienced licensing defense attorney to arm yourself with the other essential parts of advice you need—it can mean the difference between getting back to helping your patients and losing your career forever.

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

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains What You Should Do if You Receive a Notice of Investigation

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Medical professionals often come to my office for a consultation after they have received a notice of investigation from either their employer or their licensing board.  Sometimes they are still in a good position, and there is a lot I can do to either minimize the damage or have it dismissed altogether.  However, there are other times when there is very little I can do because the medical professional involved has tried to “go it alone” or tried “to be helpful,” thinking that these may be successful strategies. They aren’t.

I wrote the following blog post to explain the steps you should take, and more importantly avoid if you receive a complaint from your state licensing board or employer. If you are a professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Remain Silent

I have seen so many medical professionals ruin their cases by trying to be “helpful,” thinking that their compliance will make the investigation go away. As you have seen numerous times on crime dramas, “you have the right to remain silent,” and you should exercise that right.  Simply put, do not make any statement to anyone without an attorney by your side. It is a massive mistake to think you can handle an investigative meeting alone or that you can play along with the investigation to make things go away. You are just digging yourself into a deeper hole and playing into the investigating agency’s hands when you attempt that sort of foolish strategy.

Do Not Ignore the Allegations Against You

While you should not speak with investigators or give any statement, you also should not ignore the allegations against you. Failing to respond to any complaints against you will only bolster the argument that you are not performing your work professionally.

Do Not Speak About the Matter with Friends, Family, and Coworkers

Only speak to your attorney about the claims against you. Your statements to your attorney fall within the attorney-client privilege and do not have to be disclosed. Anyone else can be questioned and must disclose your comments.  Your coworkers are likely to be asked about your conduct and statements, so especially avoid making statements to them about anything related to your case.

Stay Off Social Media

Social media such as Facebook, Twitter, and Instagram can all be fun ways to blow off steam, but not about your case.  I recommend that clients delete all of their social media profiles while the allegations against them are pending. It is just too easy to make a statement that will be taken out of context or to post a picture of behavior that investigators can use to support their allegation that you are unprofessional.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your professional license. Allegations based on miscommunications, inter-office conflict, and vengeful patients can cost you that license, even if they are not true. But you can hobble your defense by trying to handle parts of it yourself. Contacting an experienced licensing attorney to help you through the misconduct hearing process and can mean the difference between getting back to helping your patients and losing your career forever.

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 professional licensing issues.

 

Missouri Professional Licensing Attorney Danielle Sanger: Who is Subject to Missouri Behavioral Analyst Licensing Requirements?

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Behavior analysts are professionals entrusted to provide helpful environmental adjustments for autistic children and other people with behavioral disorders. In 2010 the Missouri legislature created a licensure requirement for anyone engaged in “behavior analysis.”  Their goal was to regulate and provide oversight over people who worked with these populations. Prior to 2010, Missouri simply accepted the national certification for behavioral analysts, which is administered through the Behavior Analyst Certification Board.

If you find yourself under scrutiny by the Missouri Behavior Analyst Advisory Board for your licensed practice of behavioral analysis, call an experienced Missouri licensing attorney immediately.

The Definition of “Applied Behavior Analysis”

Are you subject to licensure requirements for behavior analysis?  In Missouri, being subject to licensure is outlined by RSMo. § 337.300, which defines “applied behavior analysis” as the following practice:

(1) “Applied behavior analysis”, the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationships between environment and behavior. Applied behavior analysis does not include cognitive therapies or psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, family therapy, and long-term counseling as treatment modalities.

In addition, the statute defines the “practice of applied behavior analysis” as:

. . . the application of the principles, methods, and procedures of the experimental analysis of behavior and applied behavior analysis (including principles of operant and respondent learning) to assess and improve socially important human behaviors. It includes, but is not limited to, applications of those principles, methods, and procedures to:

(a) The design, implementation, evaluation, and modification of treatment programs to change behavior of individuals;

(b) The design, implementation, evaluation, and modification of treatment programs to change behavior of groups; and

(c) Consultation to individual and organizations.

Accordingly, if you are working with individuals’ environments and environmental stimuli to improve their behavior, you are likely subject to RSMo. § 337.300 and must attain  one of several available licenses, which are ranked based on the degree of education attained by the holder. The licensure process and legal practice of behavioral analysis is governed by the Missouri Behavior Analyst Advisory Board.

What Licenses are Available for Behavioral Analysts?

LBA:               Licensed Behavior Analyst;

LaBA:             Licensed Assistant Behavior Analyst;

PLBA:             Provisionally Licensed Behavior Analyst;

PLABA:          Provisionally Licensed Assistant Behavior Analyst;

TLBA:             Temporary Licensed Behavior Analyst;

TLaBA:           Temporary Licensed Assistant Behavior Analyst.

The appropriate licensure depends on a practitioner’s level of education, training, and meeting requirements outlined by statute. The different licensure requirements also mandate certain amounts of supervision by a behavior analyst or analysts with superior certification.

Failing to meet these requirements can have significant consequences. It is important to note that in Missouri it is a crime under RSMo. 337.335, a class A misdemeanor, to either practice behavior analysis without a license or to practice beyond the scope of one’s license. It is clear that practicing without a license is inappropriate, but analysts also need to be aware of the bounds of their specific licensure.

Before you increase your degree of professional responsibility or take on significant types of new work, make sure it is within your license.  Attain written confirmation regarding the appropriateness of your work from your supervisor. While not a perfect defense, this sort of documentation may indicate in a subsequent review of your actions that you acted in good faith and were not trying to evade certification.

If you are a behavioral analyst in Missouri and are facing a threat to your license or an investigation by the Missouri Behavior Analyst Advisory Board, call Danielle Sanger today.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for behavior analysts facing an investigation or occupational discipline.

Danielle Sanger, Esq.: Kansas and Missouri Professional Licensing Attorney Providing Vigorous Defense of Counselors Facing Professional Discipline

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Counselors provide a tremendous service to the community. The significant contribution counselors make to our well-being cannot be measured. Counselors must strictly adhere to the rules governing their profession but, as any psychologist, licensed social worker, addiction counselor, or addiction specialist will tell you, they are human and make mistakes. A mistake should not ruin your career, your livelihood, and your family if you face professional disciple as a consequence of your error. Resist the temptation to represent yourself. You need an attorney who stakes her reputation on zealously advocating for professional licensees facing professional discipline.

Why You Need an Attorney to Represent You

There is an adage in the law that says the lawyer who represents himself or herself has a fool for a client. There is plenty of truth in that statement. Although lawyers are educated and experienced in the substantive and procedural law of a jurisdiction, they should not represent themselves when they face legal trouble. So too, a professional licensee should not represent them or go “pro se.” The reason is simple: you cannot think objectively when your legal interests are at stake. You need someone to advocate for you, to look at and analyze the evidence, and then explain the consequences, your rights, and defenses available to you.

So often highly educated and intelligent people believe that they can talk their way out of trouble or they believe help is unnecessary because they are smart and can comprehend the allegations which they face. When emotions run high and fear sets in, a person’s judgment can quickly become clouded despite the level of intelligence, educational attainment, or formal training. Having an advocate whose sole responsibility is your to look out for your best interest will give you the best opportunity to defend against the allegations you face.

What Rights Does A Person In The Counseling Professions Have When Facing Professional Discipline?

You are guaranteed several rights when facing professional discipline. Several sources of law grant those rights. They are substantial rights. An attorney well versed in the procedure involved in professional licensing hearings and administrative hearings will give you an advantage over a lawyer who has less experience.

At the outset, you have the right to a hearing before the state punishes you. At the hearing, you are guaranteed the right to confront and cross-examine witnesses appearing against you. Also, you have the right to have the case heard by a neutral and detached magistrate or hearings officer. Furthermore, you have the opportunity to examine all of the evidence the state has against you. You have the absolute right to call witnesses and testify on your own behalf. You also have the right to appeal adverse rulings against you to a judge after you have exhausted all of your administrative rights.

Possible Sanctions for Professional Misconduct

The nature of the punishment depends on the severity of the conduct and your record of previous discipline. At bottom, the penalty meted out by the licensing authority should not be arbitrary or capricious. Instead, the sanction must be consonant with the protection of the public. You could face censure or public reprimand for less serious offenses. For more egregious offenses or repeat offenses, you could receive probation with restrictions on your practice, suspension, or revocation of your license.

Your professional licensing attorney will fight to have the least restrictive sanction imposed upon you if you are found responsible for misconduct or admit to fault.

Do Not Hesitate Seeking Legal Help from a Dedicated Professional Licensing Attorney

Kansas and Missouri professional licensing attorney Danielle Sanger, Esq. has vast experience vigorously defending the rights and livelihoods of professional licensees facing disciplinary charges. Call Attorney Sanger at 785-979-4353 to schedule an appointment for a free consultation today.