Kansas Professional Licensing Attorney Answers the Question: “Can I Appeal a State Agency’s Adverse Action Against Me to a Judge?”

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The state of Kansas uses a two-tiered approach to protecting employee’s rights when a state licensing board takes adverse action against a licensee. The first tier of protection for a professional licensee begins at the agency level with a hearing before the relevant licensing board. A licensing board cannot take adverse action against a professional or occupational licensee without first giving notice to the licensee that a charge or complaint has been sought against him or her for disciplinary action. Then, the licensee has the right to learn about the allegations and investigate the claims made against him or her. The professional or occupational licensee next has the right to a contested hearing on the merits of the case in a hearing before the state agency.

It is important to remember that the licensee always has the right to retain counsel at any stage of the proceedings. The right to counsel he or she chooses is a fundamental right of an accused in legal proceedings in which an employee is threatened by governmental action that could take away a property right, such as a professional license.

The procedure of the hearing conducted at the state agency level is governed by Kansas’ Administrative Procedure Act. At the agency level, the administrative agency has the burden to prove the charges against the professional or occupational licensee.  The licensee has the right to defend the case against him or her by cross-examining witnesses, calling witnesses to testify on his or her behalf, and introducing evidence favorable to him or her.

The licensee has the right to appeal an adverse decision to a judge sitting in a Kansas court. The Kansas Judicial Review Act or KJRA governs the procedure that the licensee must follow when appealing an agency decision to a judge. The licensee must resort to all of the remedies available to him or her under the Kansas Administrative Procedure Act before seeking judicial review of the agency’s adverse action. In other words, appeals to a judge could only be made after the licensing board issues a final decision or order. However, there are some instances when the petitioner must ask the licensing board to reconsider a decision before taking leave to appeal the case to a judge.

The KJRA gives the licensee an opportunity to appeal a decision to a judge before the agency issues a final decision on a limited basis. The petitioner must satisfy two conditions before a judge accepts a case for non-final judicial review. The licensee needs to demonstrate that he or she will likely qualify for judicial review when the final order issues and that postponing judicial review until the end of the case will create irreparable harm.

Judicial review starts when the aggrieved person files a complaint in the district court and must be filed within 30 days from when the agency issues its final order. The KJRA generally allows the judge to review only those issues ruled upon by the licensing board or state agency. Notwithstanding, the KJRA will allow the petitioner to argue issues not argued before the licensing board in limited circumstances. Therefore, the judge will review the record of the case as argued before the licensing board and make a decision whether the licensing board’s decision was not based in fact adduced during the licensing board hearing, misapplication of the law by the licensing board, or procedure used by the licensing board was unconstitutional.

Turn to Expert Help When You are Facing Professional Discipline

Kansas professional licensing defense attorney Danielle Sanger is dedicated to preserving a professional licensee’s ability to work in her or her chosen profession or occupation. Attorney Sanger has dedicated her career to making sure that each licensee gets its day in court. She is fully invested in each client because she understands how devastating losing a professional or occupational license is to the licensee and the licensee’s family. Call  Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353.

What Happens if you are a Professional Licensee Charged with a Crime in Kansas or Missouri?

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Professional and occupational license holders in Kansas and Missouri have a duty to hold themselves out as exemplary citizens in the community by virtue of their professional status. Professional and occupational licensees have a heightened responsibility, perhaps exceeding that of the average worker, because their chosen profession places them in a position in which people must rely upon their expertise, knowledge, and understanding in their profession or occupation. Additionally, the state issuing the professional or occupational license has a compelling interest to make sure that the public is safe. Therefore, most licensing boards have the statutory authority to issue professional discipline for violations of the criminal law. Accordingly, professional and occupational licensees must self-report to their respective licensing boards if they have been charged with a crime, irrespective of whether the charges arise within the jurisdiction in which they hold a license or in another state.

Not every individual charged with criminal behavior is a career criminal. Perhaps one of the charges with which professional and occupational licensees are charged is driving under the influence. Although driving under the influence of either alcohol or drugs is dangerous behavior and could call into question the judgment of the licensee because such a crime is inexcusable and utterly avoidable, police charge people from all walks of life with DUI, no matter the profession. Facing a DUI charge, for example, is embarrassing for the professional licensee, and could have a deleterious effect on the licensee’s ability to perform their job, due to license loss, the potential for incarceration, and the court-ordered rehabilitation, not to mention the damage to the reputation the licensee might experience. Notwithstanding, a professional or occupational licensee could recover professionally from a DUI charge if the licensee conducts himself or herself appropriately.

A person should conduct themselves appropriately with law enforcement officials at all times. Technological advances allow the police and by-standers to record interactions between police and the citizenry. Therefore, everyone, but especially professional and occupational licensees, must be respectful of the police, especially if the licensee does not agree with the officer’s decision to interact with him or her. The licensee should be aware that any recordings made of the interaction with police might be reviewed by a state licensing board and considered by the board when deciding whether the licensee must receive professional discipline.

Being polite and cooperative with the police does not mean the licensee must forfeit his or her rights as a person charged with a crime. On the contrary, professional and occupational licensees enjoy the same constitutional and statutory protections as every other person in Kansas or Missouri. Consequently, the licensee may wish his or her right to remain silent and not speak with police without counsel present or exercise a right to a phone call, for example. However, the licensee can be firm but polite when asserting his or her rights.

The licensee must be aware that speaking to the police without an attorney present is not advisable. Most people know that whatever he or she says to police could be admitted in evidence against him or her at a criminal trial. The admissibility of the statement in evidence at a criminal trial is subject to strict constitutional and statutory strictures. However, the body adjudicating professional disciplinary hearings might be able to consider those statements even though they were not admitted in a criminal trial. Therefore, the licensee should seek the advice of competent counsel before speaking to the police. Furthermore, licensees must contact an attorney as soon as possible after being charged with a crime to immediately start defending against the criminal allegations and allegations of professional misconduct.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: Protecting the Rights of Professional and Occupational Licensees

Missouri Professional Licensing Attorney Danielle Sanger works closely with criminal defense attorneys to protect you and your family from the fallout caused by one ill-advised decision. Contact Attorney Danielle Sanger today at 785-979-4353 to find out more.

 

What Procedural and Substantive Rights Does a Nurse Have Before the Kansas State Board of Nursing?

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The Kansas State Board of Nursing, or abbreviated as KSBN, is the sole licensing authority in the state of Kansas for all nurses. Thus, every person who wishes to practice nursing as a registered nurse, a licensed practicing nurse, and licensed mental health technicians. The stated mission of the KSBN is to protect the public. Accordingly, the KSBN admits nurses to practice in Kansas who meet strict educational, practical, and character requirements. Additionally, the KSBN oversees the entire nursing profession and possess the authority to issue professional discipline against a licensee.

The KSBN is a state agency and, as such, is an arm of the state government of Kansas. Accordingly, the KSBN cannot act arbitrarily when rendering professional discipline. Instead, the KSBN is bound to follow procedural rules as well as substantive laws that protect the licensee from governmental overreaching and violating the licensee’s due process rights. Inasmuch as the KSBN has the duty to protect the public from incompetent, unscrupulous, or unhealthy nurses, the KSBM has a similar obligation to follow the Kansas Administrative Procedure Act, along with statutory and constitutional laws that protect the licensee.

Principles of U.S. constitutional law dictate that a professional or occupational license is a property right. In that sense, a professional or occupational license is analogous to real property that the government can take by eminent domain but cannot do so unless the government adequately and fairly compensates the landowner. Just as the landowner who is subject to a land taking by the government, a nurse in Kansas must receive notice of a violation and an opportunity to be heard in opposition to the allegations advanced by the KSBN.

The KSBN has the authority to issue notice to a nurse suspected of violating the Kansas Nurse Practice Act in one of two ways. First, the KSBN may issue a “summary order.” A summary order provides the licensee with notice of the allegations and a sanction that the KSBN will impose. The licensee may accept the decision of the KBSN or request a hearing on the merits of the allegations. An assistant attorney general for Kansas will represent the state in the hearings process. Accordingly, the assistant attorney general may also bring charges against a licensee by serving the licensee with a petition that sets forth the pertinent factual allegations and a statement of the law upon which the KSBN will rely during the hearing.

The licensee has the absolute, inviolable right to hire counsel of her or his choice to represent her or him during the entire disciplinary process. The licensee’s attorney will review all of the legal pleadings and exchange discovery. Discovery is documentary evidence such as reports, photographs, and other documents, as well as statements made by the licensee during an investigation and statements from witnesses.

The nurse has the right to confront and cross-examine every person who testifies at the hearing. Each witness must testify in person, rather than by video conferencing or by submitting an affidavit. Otherwise, the nurse would not have a chance to cross-examine the witness in front of the hearings panel. The presiding authorities will review all of the evidence, make credibility determinations, and rulings of law in a written decision. Both parties may appeal from the panel’s decision to a judge.

The KSBN, in its decision, can announce a fine of up to $1,000.00 for a first offense, as well as censure, place conditions upon, suspend, or revoke a nursing license. Censure may be done publicly or privately. The KSBN and the nurse can enter an informal agree to resolve the professional disciplinary action without a formal hearing. Informal agreements center around raising awareness and educating the licensee rather than suspending the nurse from practice.

Experience is Key

If you are a nurse in Kansas under investigation or facing allegations of a violation of the Kansas Nurse Practice Act, you need the experience, expertise, and skill of Kansas Professional Discipline Attorney Danielle Sanger in your corner to protect your livelihood. Call Attorney Sanger today at 785-979-4353 today.

A Winning Defense Starts with a Thorough Investigation

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

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

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

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

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

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

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

Experience Matters Mot

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

Disciplinary Hearings Before the Kansas Board of Technical Professions

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

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

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

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

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

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

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

Protecting Your Rights

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

Missouri Professional Licensing Attorney Explains Optometrist Licensing Discipline in Missouri

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

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

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

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

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

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

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

Are You An Professional Licensee in Missouri Facing Discipline?

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

Kansas Professional Licensing Attorney Discusses Ophthalmic Discipline in Kansas

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

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

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

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

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

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

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

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

Protect Your License to Practice Optometry in Kansas

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

Kansas and Missouri Medical Licensing Attorney Discusses DEA Role in Curbing Drug Misuse Among Medical Practitioners

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The Drug Enforcement Administration, or DEA, is an arm of the U.S. Department of Justice that investigates drug crimes, as well as endeavors to prevent drug crimes and safeguard the community from the dangers of drug abuse. The DEA’s Diversion Control Division is dedicated to identifying people who are in trouble and assisting drug misusers find the help they need to combat the deadly disease of addiction.

The DEA also performs another important function as overseers of medical professionals licensed to dispense prescription medications.  By virtue of their oversight capacity, the DEA has the jurisdiction to investigate any medical professional for misuse of his or her prescribing authority as well as investigate behavior the DEA called “diversion.” According to the DEA, “diversion” is the unlawful appropriation of narcotics from a medical professional. However, the DEA is not solely interested in pursuing criminal charges. The DEA offers medical practitioners and their colleagues’ advice on how to identify who might be caught in the web of addiction and how colleagues can render aid to doctors, physicians’ assistants, nurses, nurse practitioners, medical assistants, in addition to all other medical professionals suffering from addiction.

Danielle Sanger, Esq. is a professional licensing attorney who exclusively practices administrative law in Kansas and Missouri. Attorney Sanger understands the challenges medical professionals face in today’s increasingly stressful workplace. Attorney Sanger knows that the demands of medical professionals’ time have never been greater. Furthermore, Attorney Sanger is well aware of how easy it is to slide down the slippery slope of addiction and wants to help you successfully enter and complete recovery so that you can return to your chosen profession.

Attorney Sanger can identify with professional licensees who run into difficulties with professional discipline based on experiences some of her close family members once endured. Accordingly, Attorney Sanger focuses her law practice strictly on making sure that all of her clients receive due process guaranteed by the U.S. Constitution.

Identifying a colleague who may need help with a drug addiction can be difficult. Even the most intelligent, well-educated, and highly respected medical professionals can hide their problem for so long. Eventually, behavioral changes, work performance, and personal problems will emerge despite the addict’s best efforts to conceal his or her dark secret.

The DEA compiled an extensive list of behavioral changes that could signal the person is struggling with an addiction. These changes are not exclusive to drug misuse. Notwithstanding, any of these changes signify that the person is in distress because of substance abuse or some other reason. Therefore, action must be taken by fellow medical professionals to protect the safety of the public and the medical practitioner if any or a combination of these following behavioral changes occur:

  • Taking an abnormal number of sick days,
  • Poor attendance,
  • Unexplainable trips out of the work area and into the location where drugs are kept,
  • Poor productivity or a recent and precipitous decline in work performance,
  • Worsening handwriting and charting,
  • Confusion, uncharacteristic memory loss,
  • The abnormal drug “wastage,”
  • Over-prescribing medication,
  • Declining attitude,
  • Inability to maintain interpersonal relationships,
  • Inconsistent moods and mood swings,
  • Declining personal hygiene,
  • Arriving late for work, or

As a medical professional, you have an ethical and moral obligation to confront these issues and informing the individual in charge of your office, or hospital Human Resources department.

Medical Professionals Facing the Threat of Licensing Discipline Must Contact Attorney Sanger Immediately

Call Kansas and Missouri professional licensing attorney Danielle Sanger today at 785-979-4353 to schedule a consultation if you are a medical professional who could face professional discipline because of your addiction. Attorney Sanger will educate you about your rights and devise an effective defense strategy to protect you, your profession, your family, and your way of life.

Kansas and Missouri Professional Licensing Attorney Discusses Due Process Rights in Medical Professional’s DEA Registration

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Medical professionals authorized by Kansas, Missouri, or another of state in the Union, to dispense narcotics must further register with the U.S. Drug Enforcement Administration or DEA. The DEA’s Diversion Control Division maintains registrant’s records, and according to the authority conferred to it by 21 United States Code (USC) Sections 823 and 824. Medical practitioners cannot prescribe medications unless their DEA registration is active. Therefore, maintaining an active registration with the DEA is vital to conducting a medical practice in Kansas or Missouri. In essence, therefore, the doctor is only as good as the medication he or she can prescribe.

Section 824 grants authority to the Attorney General, or his or her designees, to revoke DEA registrations of medical practitioners according to guidelines set forth in the statute. Furthermore, Article 21 of the Code of Federation Regulations explicate the authority an Attorney General’s designees can assert.

Under the statute, the DEA recognizes a medical practitioner as one who must be licensed under the state law to practice medicine and dispense medications. If the practitioner loses the authority to dispense drugs because of state action, then the medical practitioner’s registration to under the DEA is essentially automatically revoked.

The DEA will investigate to determine if the medical practitioner has current authority conferred by state law. The DEA ruled earlier in 2019 that it has the authority to revoke a doctor’s registration even though the state in which the doctor is admitted to practice revoked his authority to dispense medication by a summary procedure rather than after a full hearing.

The Attorney General reserved authority in itself to revoke a registration under Section 824(d) in an emergency situation. The Attorney General must find that the medical practitioner is an immediate danger to the safety or health of the public. The immediate threat of death, serious bodily harm, or abuse of any controlled substance. A suspension for an immediate danger can be reversed by the Attorney General or a court having jurisdiction over the case.

Under Section 824, the Attorney General has the obligation to give notice to the medical practitioner under suspicion of misconduct that a hearing will be held for the medical practitioner to show good cause why his or her registration should not be revoked or suspended.  The physician has the burden to present evidence to rebut the presumption that the DEA registration must be revoked.

The government must give actual notice to the doctor facing discipline by the DEA. Section 824 requires the Attorney General to include in the documents served upon the medical practitioner a statement of facts substantiating the Attorney General’s position that denial, revocation, or suspicion of the DEA registration is appropriate, along with a statement of applicable laws and regulations governing the hearing. The notice must also include a summons to appear before the Attorney General to attend a hearing on the merits of the Attorney General’s petition. The medical practitioner will be directed to appear before the Attorney General 30 days after receipt of the notice.

Section 824 grants the doctor the opportunity to submit a corrective action plan to the Attorney General before the hearing on the merits of the case. The Attorney General must review the corrective action plan and take it into consideration before rendering a decision on the case. The Attorney General can take appropriate action on the corrective action plan filed by the petitioner.

Medical Professionals Facing the Threat of Licensing Discipline Must Contact Attorney Sanger Immediately

Contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule an immediate consultation if you are a medical profession notified by the Drug Enforcement Administration that you are facing revocation of your registration.

Kansas and Missouri Professional Licensing Attorney Discusses the Benefit of Taking a Sabbatical

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Sabbaticals were once a perk of college professors who might take time to travel or to write. More companies are considering allowing their professionals to take sabbaticals, either paid or unpaid and have reported amazing results. It turns out that sabbaticals benefit the professional who gets extended time away from his or her employer or work environment and well as the organization itself. The organization has a chance to see how its succession plan will work after the more-senior person leaves the group by instilling initiative in less experienced or junior employees how to step up and make decisions. The people returning from sabbatical and those who filled in during the extended leave feel a sense of perspective and have renewed energy once the sabbatical is over. In short, sabbaticals are one method of handling mental health issues in the workplace.

The question that follows naturally is why do many professions not offer a sabbatical time when there are so many benefits to taking a sabbatical? Many professional licensees work in industries that customarily do not allow employees to take large chunks of time off. Convincing an employer to grant leave of one month or more, either with or without pay, and return to the same position is a tall task. The natural response from an employer to a request for sabbatical leave is immediate recoil; the topic is taboo and the idea controversial. On the other hand, an employee might have a hard time even asking for a sabbatical while employed an industry in which sabbaticals are not the norm. They rightly fear rejection of the idea out-of-hand but also the thought of being demoted or fired because they want to take such a long time off.

A sabbatical is entirely different than a vacation. Professional licensees take vacations as needed to get away from the demands of the job just for a break where you cram family time or housework into a week or two out of the office. Dedicated professional licensees might even continue to check emails and phone messages in anticipation of returning to the workplace after a short respite. In other words, you never put the job out of your head and forget about it for a while.

Those who take sabbaticals set out on their journey with an entirely different frame of mind than when simply heading on vacation.  The person taking a sabbatical is not merely taking time off to do other things. The person on sabbatical wants to immerse himself or herself in something not only as a distraction from ever-present stressors of daily life but out of a genuine interest in the subject matter. A true sabbatical is meant to do a “deep dive” into a hobby, to study, to write, to learn a new language, or pursue another passion project. Thus, the idea behind a true sabbatical, rather than a vacation, stems from a desire to renew one’s spirit, emotions, and mid, as well as refresh the body.

Professional licensees returning to work after a sabbatical return refreshed, anxiety-fee, renewed and rejuvenated. They are able to resume their work with vigor and a renewed sense of ambition because the sabbatical allowed them to clear their heads. Alternatively, a sabbatical could convince the professional that his or her chosen profession is the wrong one and that it is time to leave to do smoothing else. A sabbatical can provide a sense of clarity that vacation simply cannot.

Declining Mental Health can Lead to Licensing Discipline

Call Kansas and Missouri Professional Discipline Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation if you are a professional licensee facing discipline stemming from mental fatigue, anxiety, or other mental health problems. You can rely on Attorney Sanger’s knowledge, experience, and most importantly, compassion to protect you, your profession, your family, and your way of life.

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