Employer Promises if I Resign, They Will Not Report to Licensing Board: How to Handle Employer Threats

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Healthcare professionals may have an employer with whom they do not get along well. In some instances, the situation can get extremely ugly, and the employer may wish to push the employee out of practice. In some instances, the employer may claim that the employee has done something unprofessional or violated their license. The employer then tells the professional, we do not need to bring these accusations to the board, but you have to resign.

Perhaps the issue is a “he said she said” scenario, or maybe there is some basis for the report but the employer is grossly exaggerating. Perhaps the professional simply feels helpless and does not believe it is possible to fight against the allegations.

In many cases, the employee takes the offer and leaves his or her position with an assurance that the employer will not report him or her to the licensing board. The professional may feel saddened by the loss of a job but consoled by the fact that his or her profession and license is still protected.

However, nothing is binding the employer to his or her word, and many people find that they end up facing disciplinary action anyway.

An Employer Cannot be Prevented from Reporting Misconduct

If the employer believed that a person was guilty of any type of misconduct, then that employer has the right to report the person to the licensing board. Reporting professional misconduct would be tricky if people could be coerced into silence. Therefore, the rights of a person to report a violation or suspected violation are protected. In a situation where the report was filed by someone vindictive and with mal intentions, it will be up to the board to make a determination.

While those who feel that they were wrongfully reported by a person who wished to do them harm might think this is worth bringing up to the board, it is important to remember that the board does not care why the complaint was filed. If there is evidence to support the complaint, then the board is obligated to investigate.

Making matters worse for the accused is the fact that the complaint might not come in until months or even years after the event. Memories from the time might be spotty, and evidence might not be available to defend against the allegations.

Fight the Charges, Not the Accuser

If a medical professional’s employer offers to withhold reporting in return for the employee’s resignation, this should not be considered a legitimate offer. When a professional believes that his or her license is in jeopardy because of an error or mistake, the employee needs to address the allegations. An employee who focuses on why an employer made such allegations will be doing him or herself a disservice. No licensing agency will care about bad blood and workplace politics. These agencies will cut to the facts of the allegations, and make their determination based on those facts.

If you believe that your employer or another individual is planning to report you to a professional board, contact a Kansas Professional Licensing Defense Attorney to discuss the allegations. Speaking to an attorney is not an admission that you did anything wrong. Rather, hiring an attorney will indicate that you understand the gravity of the charges and are willing to take the steps necessary to protect yourself and your career. Contact Sanger Law today at (785)-979-4353 to discuss your case.

 

Practicing Licensed Social Work Requires Dedication and Focus on Ethics

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Becoming a licensed social worker can be a challenge and a blessing. As a profession, licensed social workers are uniquely poised to do good in every situation. They embody the idea they will not harm, not only their clients but to the public at large and their profession.  

The idea of obtaining a license issued by a governmental body to practice social work, or any other profession, has encountered significant opposition in recent years. Some practitioners opine that licensure in every state in which a social worker wishes to practice is a bar to employment and a restriction upon their mobility as a human. They also observe that licensing requirements do little to benefit the profession of social workers and the clients they serve.

Conversely, some social workers maintain that licensing in every state of practice serves the greater good and, in turn, protects the practice of social work as a profession, and the practitioner as well.

Becoming a social worker is no small feat. Studies are rigorous and take a substantial amount of time to complete. Additionally, there are licensing exams that must be taken — and passed — before practicing.

Rarely does the social worker’s career path encounter resistance and adversity from time to time. Practicing social work is demanding, and the demands of the profession will change a social worker’s career trajectory from time to time. Fortunately, the Code of Ethics for Social Workers is in place to guide social workers who might become entangled in the stresses of social work and could make a critical error.

Of course, the Code of Ethics is not a suggestion about how a social worker should act. The Code of Ethics is a legal obligation. The Code of Ethics protects the public from unscrupulous or unqualified social workers. The Code of Ethics also helps maintain a minimum standard of practice so that clients feel safe and derive the intended benefits of working with a social worker.

Social workers should feel protected in their profession. Licensing helps in this regard. Licensing ensures that only qualified individuals perform the duties of a social worker. The profession receives protection from unqualified people passing themselves off as social workers who would have no accountability to a licensing authority and the profession as a whole. Holding a social worker license lends credibility to the practitioner and helps maintain the integrity of the practice as a whole across the state.

Social workers’ licensing requirements primarily serve as a method to protect vulnerable populations from undue influence and harm. Social workers are in a position to influence the decisions of their clients and can affect their clients’ lives negatively. For example, a social worker who is overwhelmed by the demands of the job could fall into the trap of substance misuse, which could lead to attendance problems and financial difficulties.  If that occurs, then the quality of care will suffer.

If you are a social worker who has encountered personal difficulties, then you should proactively address the issues before the licensing board initiates disciplinary action. Social workers should rely on their network of co-workers and tap into the valuable resources they have at their disposal to rectify any burgeoning difficulties before the licensing board takes corrective measures to prevent further public harm while preserving the faith and trust people instill in the social worker profession.

Social Worker Licensing Defense Attorney

Kansas Professional Licensing Attorney Danielle Sanger focuses her law practice on representing professional licensees who are under investigation or are facing licensing discipline in Kansas or Missouri. Call Attorney Sanger for an appointment today at 785-979-4353 to learn how she could help you today.

Self-Representation in Professional Disciplinary Proceedings is Dangerous

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Acting as one’s own attorney appears to be an effective manner to save money when facing professional licensing discipline. Many people reason that no one but themselves could represent their best interests. The license is theirs, and they will fight to the bitter end to prove that they are right. Frequently the self-represented person wants to argue general principles of fairness rather than the finer points of state or federal law. Fairness plays a considerable role in our system of justice, but ethereal notions of fairness might not overcome an allegation that the licensee violated a disciplinary rule.

The plan rarely goes as devised. To be sure, people act as their own lawyers every day in courts all across America. Even when faced with the prospect of spending a lifetime in prison, some individuals want to get their day in court and to have their voices heard. The right to do so is theirs, provided they are competent.

People represent themselves in other legal settings as well. Self-represented, or pro se, litigants defend themselves against allegations in family courts, civil courts, and administrative proceedings as well. Some litigants will file claims on their behalf, with the belief that they are saving money.

There’s a reason the adage that “you get what you pay for” exists. Courts do not bend the rules to accommodate self-represented litigants. At first blush, one could think that the pro se litigant is entitled to deference and relaxation of the rules. Doing that creates two justice systems. People often complain that the “rich” get one system of justice, and the “poor” experience something less. However, permitting the self-represented litigant to eschew the rules and procedures because they choose not to hire counsel creates the stratified legal system people loathe.

Pro se litigants have one advantage, slight though it might be. The rules of legal ethics prohibit a lawyer from taking advantage of an unrepresented litigant simply because the person lacks legal training. However, people also get themselves in deeper trouble by failing to see the forest for the trees. Self-represented litigants tend to focus on one finer point contained in the allegations while ignoring the reality that there are broader issues that must be countered.

Hiring a trained and experienced professional licensing attorney to represent you against allegations of wrongdoing or unprofessional conduct before a licensing authority is the only way to protect you and your family from the harmful effects of professional discipline. The notion holds true even if the allegation of professional misconduct is a relatively minor issue.

Professional licensing authorities consider past transgressions when meting discipline. Therefore, no issue before a licensing board is too small to hire a lawyer. Hiring an attorney will help you understand all of the permutations of the situation and also consider the larger picture. Lawyers are trained to contemplate and analyze the ramifications a particular disposition will have in the future.

For example, a pro se defendant might think that private censure is a beneficial disposition for an allegation of professional misconduct. It could very well be, but what happens if there are additional allegations in the future? Then the disciplinary board will look less favorably on the licensee, and the penalty for the second case could be more severe because of the disciplinary action taken in the first instance. However, hiring an attorney to represent you in the first instance could have given you a chance to evaluate other options, including advocating for a dismissal, which the licensing authority could not use against you in later proceedings.

Talk with a Professional Licensing Attorney about Your Options

Professional disciplinary defense attorney Danielle Sanger represents professional licensees in Kansas and Missouri. Attorney Sanger has dedicated her practice to defending the rights of hardworking people who deserve a second chance.  Call Missouri Professional Licensing Attorney Danielle Sanger at 785-979-4353 to learn more about how she could protect your livelihood.

Missouri Professional Licensing Attorney Discusses Considerations Regarding Disciplinary Action: How to Know When to Fight the Charges or Negotiate a Favorable Disposition

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Developing effective strategies for defending against allegations of professional licensing misconduct begins with a thorough analysis of the facts and circumstances. Without a comprehensive understanding of the claims and the factual underpinnings for them, then there is no practical method of devising a winning defense strategy.

Understanding all of the facts after conducting a complete investigation will uncover the strengths and weaknesses of the government’s case, i.e., the licensing authority, as well as the viability of defending against the case at a full hearing on the merits. Sometimes a thorough investigation reveals that the best option is to negotiate a favorable disposition of the action. In other instances, the better option is to fight until the bitter end.

An experienced professional licensing attorney has numerous considerations to analyze before advising a client on the possible outcome of the disciplinary action. Any attorney representing a client has the duty imposed upon him or her by the ethics of the legal profession to advise his or her client about all of the possible avenues the litigation could take and the potential outcomes of each avenue. The attorney must further advise his or her client about the benefits and pitfalls of each choice.

An inexperienced attorney might stop there and allow the client to consider the pros and cons of each decision and remove himself or herself from the analysis. Dumping the decision all on the client is not advocating; it is scapegoating. The client must make the ultimate decision in the end. However, the effective advocate will talk through each scenario and the permutations to flush out the best potential outcome.

The seasoned professional licensing attorney will evaluate his or her client’s tolerance for risk before advising the client on a particular defense stratagem.  Some clients might want to “roll the dice” and see what happens after a full hearing. Other people are more cautious and need to reduce their exposure to harm. The more risk-averse clients might feel that negotiating a favorable disposition is more advantageous than risking it all after a hearing.

The “gambling” types do not always benefit from litigating the complaint on its merits. Similarly, the risk-averse might not achieve the best result from negotiating a resolution. The question that necessarily follows is: how do you know what to do?

Naturally, the answer is never an absolute certainty. The professional licensing lawyer must advise her or his client entirely and answer all of the questions that the client might have at the time. No one is necessarily bound to a course of action once a decision is made on a defense strategy. Sometimes a hybrid approach is the best option.

An experienced professional licensing attorney might seek your permission to negotiate the best disposition possible. Your licensing attorney could negotiate with the prosecuting attorney and arrive at an agreement that is in your best interest. If there is no agreement to be had, because, for example, the prosecuting authority wants you to admit to wrongdoing to achieve a favorable outcome and you do not believe you did anything wrong, then you would need to evaluate the situation. In that instance, defending the case until the end might be the best option. For others, they might consider licensing discipline to be a business decision and accept the best option that allows them to continue working in their chosen profession without significant penalties.

Discuss All of Your Options with A Trusted Professional Licensing Advocate

Kansas and Missouri 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.

When Allegations and the Court of Public Opinion Collide

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A recent report appearing in the Kansas City Star is troubling on many levels. The report details allegations filed in a lawsuit in which a medical assistant who worked at a medical facility suffered sexual harassment at the hands of a physician employed by the practice. The allegations contained in the complaint, if proven true, are disgusting and disturbing.

The online news article discussing the allegations continued in the lawsuit presumes that the doctor is guilty of the claims and questions why the relevant licensing authorities have not suspended the doctor from practicing medicine. The reporter for the Kansas City Star acknowledged that the doctor, who was the subject of the litigation, remained in good standing with both states in which he held licenses to practice as a medical doctor.

The reporter’s opinion on the matter brings to light a common misconception held by the public, and the reporter does little, if anything, to alter a prevailing opinion. Conversely, the reporter’s opinion is quite clear and feeds fuel on the firestorm created by the story. The reporter holds the opinion the doctor must be guilty because a woman made the allegations and, therefore, the doctor should be suspended from practice immediately irrespective of the whether the licensing authorities have initiated disciplinary proceedings.

The allegations paint a very vivid picture, and the picture is not pretty. The female medical assistant who filed the civil action alleges that the male doctor made sexual advances and touched her in a sexually suggestive way in the office and front of her colleagues. The suit alleges that the management of the medical practice did nothing to defend the woman.

The despicable behavior continued according to the allegations in the suit. The doctor made even more aggressive advances by holding her hips and pressing his body into her buttocks. Another employee saw what transpired, and that person contacted the organization’s Human Resources department and reported the offensive, even criminal behavior.

The physician is not employed by the company any longer. There was no information on whether the police were looking into criminal charges. The female medical assistant did not deserve to be treated that way; no one does. She did the right thing by suing the practice and the doctor.

The writer of the article assumes that the facts alleged are real, and therein lies the problem. What if those allegations are false or exaggerated?  The facts continued in the report appear to be convincing and even compelling. After all, who would go through the hassle of fabricating such vile behavior?

Therein lies the problem strictly from a licensing point of view. The doctor is entitled to defend against these allegations before the licensing authority and in civil court. The licensing authority must find credible evidence before rendering discipline against the doctor. The licensing authorities in issue should not, and cannot, rely solely upon the uncorroborated factual allegations contained in a complaint about money damages as grounds to discipline the doctor.

There are two overarching reasons why licensing authorities cannot rely on the facts contained in a civil action to summarily discipline any professional licensee. First, there is no standard of proof to allegations in a civil complaint. Therefore, the complainant can state whatever she wants without retribution. Also, the doctor has no opportunity to conduct discovery or cross-examine the witnesses bringing the complaint. Second, the doctor has constitutional protections that guarantee a fair hearing. The court of public opinion might disagree. However, professional licensees have a right to have complaints adjudicated by a fair and neutral magistrate. Some might argue that it is putting form over function. Notwithstanding, due process guarantees fair hearings even though the licensee might not deserve it.

Aggressive Defense for Professional Licensees

Missouri Professional Licensing Defense Attorney Danielle Sanger provides a vigorous defense to all professional licensees facing discipline in Kansas and Missouri. Call 785-979-4353 to find out more.

 

Privileged Communications in Missouri

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The state of Missouri recognizes that a fiduciary duty exists on behalf of the physician or another medical professional, including psychologists, to maintain confidentiality of the patient’s records. However, as with all jurisdictions, Missouri recognizes a common law exception to the presumption that all communications are privileged when the privilege holder, that is the patient, presents a serious danger or threat of violence as judged by the standards of the profession. A breach of that fiduciary duty exposes a physician or another medical professional who is duty-bound under Missouri law to maintain a patient-treatment provider privilege exposes the professional to civil liability and professional licensing discipline as well.

There are of course times when a psychologist or other professional bound to maintain confidences must disclose the communication. A general alarm that a person might be a threat is insufficient. Instead, the psychologist, doctor, or mental health professional must believe that there is a potential victim who is readily identifiable and, in that case may warn the potential victim or law enforcement authorities to prevent the harm from occurring.

The recognized exception to presumption that communications are  privileged illustrates how important the rule is in Missouri. Even in circumstances in which a woman expressed a suicidal threat and sped on the wrong side of the highway, the psychologist was justified in not disclosing the patient’s wishes because there was no specific target without the written consent of the privilege holder.

Before treatment may begin, Missouri law requires treatment providers to obtain the informed consent of their patients to begin therapy. The informed consent of the patient must be recorded by the treatment provider. The informed consent of the patient sets the limits of treatment to be provided and delineates the boundaries of the patient-provider relationship. A discussion of those boundaries must include information about patient confidentiality and the legal limitations of patient confidentiality.

Patients must be informed that Missouri law resumes communications between therapists and patients are privileged. Moreover, the patient must understand that information may be disclosed if the provider receives the informed consent of the patient. The presumption has its limitations. The first limitation, as discussed above, pertains to an emergency situation in which the patient’s life or the life of an identifiable person is in imminent danger. In this circumstance, the psychologist “shall” disclose only necessary information to prevent harm.

Interpreters present a unique problem relative to privileged communications. The client or patient must give informed consent to use an interpreter and the provider must take all steps necessary to prevent disclosure of reports and diagnostic test results.

The treatment provider must also take special care to carefully explain the limitations of the privilege when treating a minor. The limitations on the privilege for a minor are the same for an adult in Missouri.

Couples therapy presents another significant problem regarding confidentiality. Missouri law instructs a treatment provider to discuss the limitations of confidentiality with all people participating in therapy.

Treatment providers must also inform their clients that they might discuss their patients’ cases with other professionals for the express purpose of providing the appropriate treatment to the patient. The psychologist cannot simply blurt out the information. Instead, Missouri law requires the psychologist to inform his or her colleagues that the information provided is confidential to ensure further that the collaborators maintain confidentiality.

Avoid Disciplinary Action by Seeking Advice from an Experienced Missouri Professional Licensing Attorney

Missouri law treats violations of patient confidentiality seriously. Disclosure of patient confidences is unethical conduct, which is subject to disciplinary action pursuant to the Missouri Ethical Rules of Conduct. Anyone with a concern about the boundaries of the privilege or whether you are authorized to disclose confidences, you need to consult with Missouri Professional Licensing Attorney Danielle Sanger. Attorney Sanger will provide you with the legal advice you need to avoid allegations of unprofessional conduct. Contact Attorney Sanger today at 785-989-4353 today to learn more.

Privileged Communications in Kansas

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Patients expect that their conversations with psychologists, psychiatrists, and doctors would be privileged, and not merely confidential. A privileged communication in Kansas is one in which the psychologist cannot disclose except in very limited circumstances under Kansas law. Disclosure of privileged communication is grounds for disciplinary action. Therefore, the psychologist must understand the nature of the privilege and when communications may be .

Kansas statute 74-5323 indicates that the communications and relationship between a psychologist and a patient are privileged in the same manner in which the attorney-client relationship is privileged. Therefore, a psychologist cannot testify in court about anything a patient told him or her and cannot disclose statements to police or another person unless there is an imminent threat of harm to oneself or another, or in another circumstance which Kansas law requires disclosure as provided in Kansas statutes 60-426.

Notwithstanding the prohibition against disclosure of communications from a patient to a psychologist, 74-5323 allows the psychologist to testify about several matters wherein privileged communications might be disclosed. Subsection b of 74-5323 allows the psychologist to testify in matters concerning adult abuse, neglect, adoption, matters concerning the welfare of children, or when the psychologist seeks advice from professional colleagues or superiors when acting on behalf of the patient.

Other professions such as professional counselors, social workers, marital therapists, addiction workers, and other professions in which members of the public disclose private thoughts, feelings, and ideas as part of mental or emotional therapy are bound by rules of confidentiality. The doctor-patient privilege in Kansas receives slightly different treatment.

Kansas statutes 60-427 is the rule of evidence that delineates when a physician or another practitioner of the healing arts in Kansas to testify in court about communications and other information gained from the doctor’s patient during medical treatment. Under Kansas law, communications between a patient and a physician are more aptly described as confidential rather than truly privileged.

Under 60-427, communications between patient and doctor are presumed confidential when made in confidence by the patient with the expectation that the communications are confidential. In other words, the doctor must hold the communications private unless an exception to the presumption applies.

In a court action, a person can claim a privilege and prevent a physician from testifying in certain circumstances. Thus, a person who is not a party to an action can object to a witness testifying about confidential communication in court if the judge rules that the communication was confidential between the patient and doctor, the communication was necessary for diagnosis or treatment, the witness holds the privilege, or that the person holding information obtained it through an intentional breach of confidence. If the judge rules that these conditions do not exist, then the person may disclose the communications and is protected by law for disclosing them.

Physicians may disclose confidential patient communications is other circumstances as well. The physician may testify about communications when the legal proceedings involve the commitment of the patient, guardianship, or conservatorship of the patient. Additionally, there is no privilege when the doctor testifies about diagnosis and treatment related to a claim that is part of the legal proceeding. The most common example of this exception is a medical malpractice lawsuit or a personal injury lawsuit.

There is no privilege for blood draws made pursuant to a warrant or by the request of a law enforcement officer or when the patient makes a disclosure to commit an unlawful act.

Understanding Privileges Helps Avoid Professional Discipline

Professional licensing defense attorney Danielle Sanger is available to consult with professional licensees regarding their legal obligations so they can avoid pitfalls that could lead to professional discipline. Call Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation.

 

The Suicide of Nurse Underscores Pressures of Nursing Profession

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News that a 35-year-old nurse working in the United Kingdom (U.K.) died by her own hand after working twelve-hour shifts following a promotion shocked and dismayed her coworkers. Sadly, the state of muring in the U.S. is very similar. Nurses work extraordinarily hard and are taking on more and more stress as medical resources are stretched thin.  Long, grueling shifts leave little time for socialization, stress management, and self-care. As time wears on mistakes are made due to the stress. Additionally, stressed-out medical personnel, especially nurses can turn to excessive alcohol consumption or abusing drugs as a means to relieve the insurmountable strain taking long shifts without the opportunity to take time off can have an on individual.

Kansas and Missouri professional licensing attorney Danielle Sanger has represented numerous medical professionals, including registered nurses, licensed practical nurses, nurse assistants, and nurse practitioners who encountered the destructive effects stress causes to a person’s life. Mismanaged or unmanaged stress leads to errors of judgment and could lead to a failure to live up to the character expected of a nurse. Attorney Sanger works with nurses of all types who are facing professional discipline brought about by the damaging effects of stress. Attorney Sanger works closely with her clients to get them back on their career path and resolve professional disciplinary issues favorably for her client.

The 35-year-old nurse from the U.K. received a promotion to senior staff nurse a mere six months before she hanged herself in her family home. The nurse worked in a hospital located in Manchester, England according to the New York Post. The nurse who died reportedly left a two-page handwritten suicide note wherein she describes in vivid detail her collapse into self-hatred and negativity. She described her emotions as a “downward spiral.”

Friends of the nurse say that they could see the terrible toll the promotion took on the woman. According to the woman’s friends, the nurse had a difficult time juggling work and a social life. The promotion bestowed upon her new responsibilities with which she struggled. One of the nurse’s college friends told a court reviewing the matter that maintaining a social life after the promotion was hard for her friend.

The nurse’s mother added another level of complexity to the situation in which the nurse found herself. The nurse’s mother told the court that the highly demanding job rendered her romantic life nearly impossible to maintain, Her mother said that the twelve-hours shift work thrust upon her subsequent to the promotion left her depressed and incapable of keeping a significant other in her life. The nurse experienced significant difficulty keeping a stable, long-term relationship. The nurse’s mother told the judicial tribunal that the nurse ended her most recent dating relationship simply by sending a text message.

Law enforcement authorities opened a coroner’s inquest into the nurse’s death. After a court hearing to determine the evidence surrounding the woman’s death, the court concluded that the nurse had killed herself by hanging and that the stress of her new job played a substantial role in the nurse’s decision to take her own life.

The coroner succinctly, albeit sadly, summed up the results of the inquest. The attending coroner said that the nurse experienced a substantial amount of stress that lasted for a very long time. The coroner added that the woman suffered from incredibly low self-esteem and, as a result, could not see herself as her family and friends saw her.

Help for Nurses Facing Professional Discipline

Contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today if you are a nurse, doctor, dentist, or another medical professional facing discipline due to stress. Attorney Sanger is ready to help. Call Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation.

Unmanaged Stress Can Lead to Mistakes and Professional Discipline

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Stress is a normal reaction to certain situations. Stress actually benefits us as humans in the long run. Our fight or flight stress response helps keep us alive. Additionally, experiencing stress in certain circumstances like when taking an exam in school, planning a wedding, or focusing on a project at work helps us focus and motivates us to get the job done. Some people relish in the pressure and rise to the occasion, whatever that might be. Stress befalls us when we make a change in our lives like when we change jobs, move to a new city, get divorced or, experience the loss of a loved one. In that sense, stress is a part of life and it is unavoidable. Handling stress depends on the individual.

While we cannot avoid stress, we must also learn to manage stress. Otherwise, we run the risk of experiencing bouts of depression, gaining weight, not sleeping, have family problems, and run the risk of poor job performance. Poor job performance for professional licensees such as medical doctors, nurses, and other medical professionals in addition to any other profession or occupational licensees, can lead to problems at work, culminating with professional discipline.

Kansas and Missouri professional and occupational disciplinary defense attorney Danielle Sanger understand how stress can affect people’s lives. She knows that stressful situations can put undue pressure on people to perform. Constant pressure and stress can break even the strongest person. If you find yourself in a situation as a professional or occupational licensee in Kansas or Missouri facing a disciplinary charge because of stress-induced incident, contact Attorney Danielle Sanger. Attorney Sanger has tremendous experience fighting for people who have succumbed to stressors in their professional and personal lives who face professional discipline.

The National Institute of Mental Health reported on the long-term impacts chronic stress has on a person. Persistent, long-term stress, which is different acute stress, takes a massive toll on the body’s systems until the stress level returns to normal functioning. Chronic stress can cause serious digestive problems, cardiovascular problems, sleep disruption, and reproductive issues. The body’s immune system can also be disrupted by stress in some people. In other people who suffer under chronically high stress, symptoms arise such as persistent headaches, sleeplessness, irritability, as well as sadness and anger.

The chronically high levels of the stress hormone cortisol coursing through a person’s body can cause chronic diseases. The National Institute for Mental Health indicated that people experiencing chronically high-stress levels could develop heart problems like high blood pressure, heart disease, mental disorders like anxiety and depression. Stressed out people can also develop diabetes and other metabolic illnesses.

Anyone who is suffering from chronically high stress must get their stress levels under control before experiencing the negative and potentially life-altering side effects discussed above. The National Institute for Mental Health suggests that people need to become aware of the stress they are under. Signs of increased stress include trouble sleeping, increased alcohol use or drug misuse, as well as other psychological signs like anxiety, depression, low energy levels, and becoming angry easily.

Anyone suffering from stress-related health problems must talk to their doctor about the problems. Mental health treatment might be necessary for additional to receiving medical treatment for the person’s acute health problems. Also, exercising regularly can help lower the body’s stress response and help relieve some of the symptoms of stress. Remaining a social person and partaking in fun activities can also help lower stress.

When Life and Work Becomes Too Much

Learning that you are under investigation for professional discipline will ratchet up the stress. You can fix this with Kansas Professional Licensing Attorney Danielle Sanger’s help. Call her today at 785-979-4353 today to learn more.

Missouri Professional Licensing Defense Attorney Danielle Sanger Discusses How You Can Appeal an Adverse Licensing Decision to a Judge

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You have a right as a party aggrieved by a decision rendered by the Missouri Administrative Hearings Commission, or AHC, to a judge sitting in a Missouri Circuit Court. Appealing to a judge is not done automatically. You must preserve your right to appeal, and you will lose out entirely if you fail to take all necessary actions to protect your appellate rights. Appealing the decision from the AHC to a judge in the Circuit Court is a highly technical procedure replete with potential pitfalls. Consequently, it is vital to the success of your claim, practicing your chosen profession or occupation to protect your right of appeal, and the preservation of your way of life to align yourself with a highly motivated, well-respected, and knowledgeable Missouri professional licensing attorney or you could lose out on your only opportunity to have a judge rule on your professional licensing appeal.

Appeals to a judge from the AHC are governed by statute. Missouri Revisor of Statutes or RSMo for short, sections 536.100 to 536.160 delineate the procedural and substantive rights afforded to a person who wishes to appeal an adverse decision of the AHC to a judge sitting in the Circuit Court. The statute confers jurisdiction of all AHC appeals in the Circuit Courts of Missouri. The statute requires the person appealing the decision of the AHC to the Circuit Court to file a complaint in the court within 30 days from the mailing by the agency to the appellant of the final order. Missing that deadline will terminate the appellant’s ability to have his or her case decided by a judge.

As with any administrative ruling, the licensee must exhaust all of his or her opportunities to obtain the requested relief before the AHC. Failing to exhaust all available avenues of administrative review is grounds for a dismissal of the appeal to a judge. The licensee need not ask for a rehearing or reconsideration of the AHC’s final decision before appealing to a Circuit Court judge unless the specific circumstances of the case warrant such a motion.

The venue of the appeal is an important consideration for a licensee who wants to appeal the AHC’s decision to a judge. All appeals from an adverse decision rendered by the AHC must be heard in Circuit Court. The presumptive venue for AHC appeals is the Cole County Circuit Court. However, a licensee can file an appeal in any Circuit Court sitting in the county in which the licensee resides. The licensee has the option of opting to file in the Cole County Circuit Court or in the Circuit Court of the county in which the licensee resides.

Understanding what a judge has the authority to review and decide on appeal is helpful. The judge does not hear the entire case all over again. The judge receives a copy of the proceedings that transpired before the AHC, called the “record.” The judge next analyzes the record, bearing in mind the judge has limited scope for review. The judge will examine the record for any failures of the AHC’s decision and procedure employed during the hearing for abuse of discretion, arbitrary and capricious rulings, the findings are unsupported by the facts established by the record, unconstitutional action by the AHC, the AHC exceeded its statutory authority, or the entire process was unfair to the appellant.

Missouri law leaves a slight window open for a judge to hear the entire case again, which is called de novo review. The judge has the authority to hear an AHC appeal de novo only when the appeal centers around the AHC’s application of the law to the facts of the case. The judge does not have the authority to conduct additional fact-finding.

Any person aggrieved by a Circuit Court judge’s decision has the same appellate rights as any civil litigant in Missouri.

Complicated Rules Require Expert-Level Representation

Missouri Professional Licensing Defense Attorney Danielle Sanger is ready to protect your rights if you are facing professional discipline in Missouri. Call Attorney Sanger today at 785-979-4353 to rely upon for expert legal advice.