Kansas and Missouri Professional Licensing Attorney Discuses Addiction Counselor Ethics

Kansas and Missouri Professional Licensing Attorney Discuses Addiction Counselor Ethics

With the high number of people addicted to some form substance in this country, people need a place to turn for help. Addiction counselors can provide the help a person needs to kick their habit. The Kansas Behavioral Sciences Regulatory Board (the Board) issues licenses to addiction counselors. The Board possesses authority to discipline a licensee who violates Kansas law or the Board’s regulations. Consequently, licensees must be vigilant in maintaining an ethical practice. Addiction counselors serve a very vulnerable population who are in a compromised situation because of their addiction. Kansas professional licensing attorney Danielle Sanger zealously defends addiction counselors facing discipline before the Board.

Kansas’ state statute authorizes the Board to discipline an addiction counselor’s license for any number of reasons. The statute authorizes the Board to deny licensure or license renewal for the same reasons. The statute grants the Board discretion to revoke a license, suspend a license, deny an application for a license, refuse to re-issue a license, limit a license, or place conditions of practice upon a license if the licensee runs afoul of the statute.

A general reading of the statute proves that the rules are designed to protect the public from unethical or unscrupulous practices by an addiction counselor.  The statute also endeavors to protect the consuming public from the negligence of an addiction counselor as well. The Board may discipline a licensee if the licensee becomes addicted to drugs or alcohol and the counselor’s substance abuse problem negatively affects the counselor’s ability to practice.  Additionally, the Board may discipline an addiction counselor for committing a fraud, deceit,  or misrepresentation of fact in obtaining an addiction counselor’s license.  Furthermore, the Board may take adverse action against a licensee if the counselor was convicted of a felony charge. In that instance, the Board must make an independent investigation to ascertain whether the licensee is rehabilitated to be worthy of the public’s trust. Notwithstanding, Kansas’ regulations permit the Board to take adverse action if any criminal conviction related to the practice of the addiction counseling.

The Board has authority to sanction an addiction counselor for other reasons. The Board may discipline an addiction counselor for committing fraud, deceit, or misrepresentation in the performance of their duties as an addiction counselor. Dishonesty in the profession is another ground for discipline. The statute does not closely define dishonesty. However, one can expect that the Board would discipline a licensee for dishonest act ranging from dishonest communications with a patient to dishonest billing practices.

The Board can discipline a licensee for incompetence as well. The Board has a vested interest in making certain all of its addiction counselors are competent to serve the public. Also, the Board must ensure that practitioners are mentally and physically competent to perform the tasks required by the profession.  The Board cannot take adverse action against a licensee in this instance unless the mental or physical frailties of the counselor negatively affect the person’s ability to competently perform their function as an addiction counselor.  Additionally, Kansas’ regulations require an addiction counselor to stop practicing or seek treatment if their stress, personal problems, or other difficulties interfere with their professional judgment or ability to act in the patient’s best interests. In addition, the counselor is forbidden from taking advantage of their patient or exercising undue influence over them. This prohibition includes engaging in any romantic or sexual relationship with their patients. Moreover, addiction counselors must maintain the strictest level of counselor-patient confidentiality.

Addiction Counselors Need Help Too

Kansas and Missouri Professional Licensing Attorney Danielle Sanger understands the personal sacrifice an addiction counselor must make to become licensed and maintain an ethical practice. Even the most scrupulous and careful make mistakes. Do not allow one mistake to derail your career. Call Kansas professional licensing attorney Danielle Sanger today at 785-979-4353 to schedule your free consultation.

Kansas Massage Therapists – Operating Outside Your Place of Business

Massage therapy is a career field that enables massage therapists to essentially operate and provide services to clients from anywhere.  Many massage therapists operate their businesses from their home, or even travel to clients’ homes to perform massage therapy services.  While massage therapists do have options regarding where to operate their business, the place of business is crucial when it comes to following the rules and regulations that govern your massage therapy license.  There is no state-wide Kansas massage therapy board, so rules and regulations may be different depending on what city and county you live in.

 Why Does it Matter Where I Perform Massage Therapy Services in Kansas?

The location of your massage therapy practice is very important when it comes to representations you make to clients as well as liability issues.  If you work for a larger employer (such as a salon offering multiple services), you likely do not need to worry about whether or not the salon is in compliance with massage therapy rules and regulations, as this responsibility may not be yours.  However, if you perform massage therapy services on the side, or have your own in-house business, you need to be particularly careful with how you inform clients of your qualifications, and that your business itself is in compliance with all rules and regulations.

One problem many massage therapists come across is unhappy clients who may wish to complain about your services in some way.  For example, if a client believes he or she was injured while you were performing massage therapy services on him or her, that person may complain to a disciplinary board, or even file a civil action against you.  If you are at your home, at your client’s home, or are anywhere else that is not your traditional place of business when you are performing massage therapy services, then you could be at risk for being found liable for any injuries the client may have suffered.  Many massage therapists do not realize that giving a massage to a friend as a favor could be troublesome if that friend is injured and the massage therapy services were not conducted in a legitimate place of business.

If you are facing a potential disciplinary issue that has put your massage therapy license at risk, you will have a much better time of fighting to keep your license if you can prove you were working in a legitimate business setting.  As such, you should ensure that each and every location you are operating at is one that is considered legitimate and in conformance with the rules and regulations of the massage therapy licensing board in your city.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are facing disciplinary action and/or your massage therapy license is at risk, you need to act quickly to determine what steps you need to take to keep your license.  You have too much to lose by fighting a disciplinary action without the help of a skilled legal professional.  Regardless of whether or not you have done anything wrong that should result in the loss of your massage therapy license, it is important that you have an attorney standing by to represent your rights and interests.  At the Sanger Law Office, Kansas Professional License Defense Attorney Danielle Sanger helps a variety of Kansas professionals face the potential loss of their licenses on a regular basis.  As a former Assistant Attorney General of Kansas, Danielle Sanger has a perspective that many other attorneys do not possess.  With experience as both a prosecutor and as a defense attorney, Danielle Sanger has the broad knowledge and skill that is necessary in a quality attorney.  To speak with Danielle Sanger about your situation, contact the Sanger Law Office today by calling (785) 979-4353 to schedule your free consultation.

Return of Afghanistan and Iraq Veterans Reveals the Psychological Toll of War

The culture of the military advocates resilience, courage, sacrifice by the individual and strength; think about just a couple of slogans from our military groups—“Army Strong,” or “The Few, The Proud, The Marines.”  Perceived weaknesses are simply not welcomed as we perhaps believe those weaknesses to be contrary to our perception of an effective military. It is clear that our society expects the men and women of our military to keep a stiff upper lip, even in the face of psychological trauma.

Consider, however, the fact that from 2007 to 2009 our military troops saw a 40% increase in suicide among soldiers. It appears that our society can readily accept the physical wounds of war, yet we shy away from open discussions of psychological wounds. The stigma we have attached to the mental health of our soldiers can have tragic consequences in their feelings of self-worth. While our expectations that our soldiers must have a warrior mentality may not change any time soon, maybe our culture can begin to acknowledge the emotional consequences of war.

One Soldier’s Story

Sergeant Louis Loftus, 24, was home on a mid-tour leave when he began to realize something was very wrong. Loftus was showing photographs to family members of his time in Afghanistan. Out of the blue a photo which showed a place where a fellow soldier had been killed brought him to tears. The problems grew worse. By the time Lofus came from his second deployment he was suffering nightmares, anxiety, sleep disorders and began distancing himself from those he cared about – and who cared about him. Loftus still has a hard time discussing his eventual diagnosis of Post-Traumatic Stress Disorder, particularly because he admits to being “one of those guys that made fun of people with post-traumatic stress –in my mind.” Loftus spoke to Brian Williams in an interview which was seen on NBC’s Rock Center and sadly admitted that he now knows PTSD is a very real issue.

In fact, two and a half million American soldiers have been through the wars in Afghanistan and Iraq and the psychological toll continues to mount. The Veterans Administration treated over a hundred thousand veterans for the disorder however it is likely these numbers are considerably higher since many veterans do not seek treatment. Loftus was stationed in Southern Afghanistan in a true Taliban stronghold where he and the other members of his unit were under constant attack. IED’s were common and because the roads were extremely narrow patrols had to be undertaken on foot. In less than one year, Loftus’ unit found over 6,000 IED’s and in their searches for the dangerous devices, 200 soldiers were injured and 38 killed.

When asked about fellow soldiers who died in those minefields, Loftus became very emotional, stating he generally tried not to think about it because he felt a responsibility to set a good example for the others in his unit. NBC News followed Loftus for two years – from the danger of the frontlines to his everyday life at home. Five months after NBC met Loftus he was honorably discharged and sent home to Ohio. Those around him noticed almost immediately that the trauma of Afghanistan had followed him home. Depression set in and his drinking escalated.

A 2012 report from the American Journal of Public Health showed that 39% of returning veterans from Iraq and Afghanistan were considered positive for abuse of alcohol. A psychiatrist and director of the DOD Center for Psychological Health, Captain Paul Hammer, believes that many soldiers feel they are doing the most important thing in their life when they are fighting for our country. Once those soldiers have experienced the trauma of war returning home can feel anti-climactic and they may feel as though there is little purpose to their life.

While Loftus eventually sought help from the local Veteran’s hospital, beginning therapy and medication, his underlying rage began surfacing. Loftus’ life began spiraling out of control; his relationships disintegrated and eventually he suffered a serious anxiety attack that landed him in the hospital. Once out, Loftus was charged with a domestic violence felony after he engaged in an altercation with his girlfriend, then several days later he became intoxicated, beat up his father and fought with the police. A month following Loftus’ sentence of three years’ probation and time in a halfway house, Loftus and his girlfriend welcomed a son, Mason Loftus, into their lives. Although Loftus has learned to manage his PTSD – largely for the sake of his new son – he still considers it a daily struggle.

There are scores of veterans who have suffered in the same way Louis Loftus has yet many of them will never seek help due to the stereotypes of the tough soldier who can handle anything. It is clear that things must change and our veterans must get the help they desperately need – and deserve. Military leaders must be encouraged to speak openly about their own combat experiences and all veterans as well as those currently deployed must be able to talk about their experiences in a safe environment.