Kansas and Missouri Professional Licensing Attorney Danielle Sanger Advises Physicians: Steps to Take If You Detect Fraud

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The physicians I know are all respected members of their communities who volunteer their time, money, and skills to make their towns and cities better places. Unfortunately, we are all aware of physicians who use their medical license to bilk the public and commit fraud. While these are the minority in the medical profession, they cast a dark shadow over the rest of the field. Some of these physicians are just crooks while others turn to fraud due to drug or gambling habits. Regardless of the reason for their deception, they can bring down unsuspecting partners in their actions. But what should you do if you discover that your medical partner is engaging in fraudulent activities? Because I have helped several physicians protect their medical licenses as they reported fraud, I wrote the following blog post to describe the process.

If you are a physician in Kansas or Missouri that has detected fraudulent activities occurring within your practice, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Detecting, documenting, and self-reporting the fraud should only happen with the help of experienced licensing counsel.  Your career, reputation, and livelihood are at risk, and this is a  challenge you cannot work through alone.

Steps You Should Take if You Discover Fraud Occurring in Your Practice

Many kinds of fraud occur in medical practices. Overbilling, prescription of unnecessary procedures, and billing for procedures that were not performed are all common. If you become aware of this sort of conduct, what should you do?

First, you should contact an experienced licensing attorney immediately. You will need help documenting the fraud and navigating the self-disclosure process. It is vital that you have counsel help you through that process, as your statements to any other confidant or friend will be discoverable—public—during any subsequent investigation or litigation. You want to be able to ask hard questions and disclose uncomfortable facts without those statements coming back to haunt you later.  The only way to make those disclosures and ask those questions safely is to make them to an attorney with whom you share an attorney-client privilege.

Second, you must formally put an end to any fraudulent activity. While you may not be the provider engaged in these practices, your license is jeopardized by them. The steps you take to end the fraudulent activity should be carefully and thoroughly documented. Any overpayment should be returned.

Third, with the help of licensing counsel, you should commence a thorough investigation of any fraud and an audit of all practice accounts.

Fourth, you should carefully self-disclose your findings to either the Missouri or Kansas state offices that handle Medicare and Medicaid fraud.  Because so much of the money that comes into medical practices originates in one of these state-managed federal programs, the states have offices to deal with medical provider fraud. Once again, you must not make any self-disclosure without the help of experienced counsel by your side, or you run the risk of handing over the evidence needed to suspend or revoke your medical license.

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

Don’t let someone else’s poor judgment result in the loss of your medical license. You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice at the moment you needed it. You need to speak to a licensing attorney as soon as you become aware that those working within your practice are committing fraud.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

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

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Pain Medication Use Can Affect Nurses’ Professional Licenses

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Nurses face a “Catch-22” situation—they work in a bruising profession that can injure them physically but at the same time can be disciplined for using the pain medicines needed to alleviate those injuries. There is an opioid epidemic in Kansas and Missouri and part of the effort to end it has focused on the use and abuse of opioids in the medical profession.  As a result, there has been an increase in the scrutiny of doctors and nurses’ use of pain medications, even legal use, as that legitimate use is seen as a gateway to abuse and illicit drug distribution throughout the community as a whole.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct involving pain medications, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

If You Need to Use Pain Medications, Know How to Protect Yourself from Abuse Allegations

Pain medications—opioids, sedatives, and narcotics—are highly effective but highly addictive ways of treating chronic pain.  They are powerful and can impair judgment and motor skills, rendering users unable to make sound judgment and slowing motor skills.  As a society, those are not qualities that we seek in nurses.  But what steps should a nurse take when he or she legitimately needs pain medications, is taking them with a prescription and is not affected by them at work?  While there is a temptation to keep the legitimate use of pain medications a secret out of fear of employer discipline, this is not a course of conduct that I suggest to my clients.

If you are legitimately using pain medications with a valid prescription, you should disclose your use to your employer according to applicable workplace rules. You will usually also have to show a prescribing note from a pharmacist that indicates that the proper use of the medications will not have a deleterious effect on your ability to perform your job duties. That said, an employer may still choose to reassign the reporting nurse to a position that poses a lower risk to patients. While reassignment may feel punitive, it is almost always within the employer’s right.  Moreover, reassignment is far better than discipline or termination, which is what usually occurs when a nurse’s use of pain medications is discovered without prior disclosure. In this latter scenario, even a nurse that is taking these medications with a valid prescription will often be disciplined for failing to report that use preemptively.

Instead, if a nurse reports legitimate use and supplies a valid prescription that indicates that he or she is still able to practice, he or she will not be in the position of explaining why narcotics or opioids are showing up in his or her drug test results and will usually avoid discipline altogether. 

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

You have worked too hard to attain your nursing license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your use of pain medications.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

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

 

 

Missouri Professional Licensing Attorney Danielle Sanger Discusses Social Media Pitfalls for Nurses

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It seems like almost everyone enjoys social media. Facebook, Instagram, and Twitter are all fun places to reconnect with friends, debate issues of the day, and blow off steam. But as every nurse knows, nurses must present themselves as professional to their community and to protect their patients’ privacy. While fun, social media is also a serious hazard when nurses portray themselves as unprofessional—pictures of one too many margaritas on vacation—or violate confidentiality—gripes about the third colostomy bag you had to change during your shift. Seemingly funny posts, sarcasm taken out of context, and “gallows humor” can all easily be misconstrued and lead to ethics complaints. If you find yourself facing allegations of unprofessional conduct because of social media posts, you need to contact an experienced licensing attorney immediately.

If you are a nurse in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

HIPAA Concerns and Patient Privacy

You hopefully already know that is a violation of HIPAA to share any patient information with anyone outside the medical environment, including on social media.  There have been stories in the news about medical professionals who record or photograph patients while they are sedated or asleep. Never engage in this unethical conduct.

Social media can make the line between ethical and unethical conduct less clear.  It is a smaller world than we often believe, and a comment made to your social media “friends” can easily be forwarded on to others, including patients you are treating or their family. A flippant comment on Facebook about changing a patient’s colostomy bag, even if you did not name the patient in your post, can come to that patient’s attention, raise ethical concerns, and complaints.

Unprofessional Behavior

You already know that nurses are held to a higher standard than other professions.  Pictures involving drinking, recreational drug use, or any other conduct that makes the nurse appear unprofessional and can lead to ethics complaints.  So while a simple post with a picture of your crazy night on vacation that you intended to be shared only with your friends may not seem like a serious issue, it can be taken out of context by a patient who believes you are doing that partying on the night before her surgery.

Workplace Complaints

Workplace complaints expressed on social media pose a complex problem.  You have a first amendment right to make certain statements, and federal, and state labor rights may protect your right to complain about workplace conditions on social media. Generally speaking, courts see social media as the “virtual watercooler” where employees are allowed to gather and gripe. But there are many variables at issue when it comes to workplace complaints, such as whether you are a public or private employee and whether the comment was about the workplace or patients.  Usually, public employees have more expansive rights than employees of a private employer, and while employees are generally allowed to complain about the workplace, they are typically prohibited from complaining about patients or customers.  Because this is a tricky area, I recommend keeping your privacy settings to private so that your posts are limited to those you know.

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

Don’t let a poorly considered social media post mean the end of your nursing career. You have worked too hard to attain your nursing license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

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

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides an Overview of Licensing Boards

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Many people come to my office holding a notice from a state licensing board, and their first questions usually involve the powers and protocols of that board. As a result, I receive many questions regarding licensing boards, such as why they exist and what are the scope of their powers. I have written the following blog post to answer those questions.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

The Constitution Protects Your Property Interest in Your License

The U.S. Constitution’s Fifth Amendment prevents the state from taking your “life, liberty, or property” without due process of law. You have a property interest in your license; while it is not a piece of land or a house that you pay for, it is an object that you invested time and money into attaining.  Accordingly, the state cannot take or diminish that property—your license—without due process of law.

There are a tremendous number of settings where the state has to provide due process. If the state is going to take your life using the death penalty, there are extensive court requirements, including the right to a jury trial and appeals. Similarly, if the state is going to take your liberty by putting you in jail, you will have hearings and a trial first.  But if the state is going to suspend your professional license, a less onerous deprivation, it usually delegates the due process hearing to an administrative body.  That administrative body develops expertise in the areas it is charged with regulating and bears responsibility for disciplining members of a professional group.  The administrative body is the state licensing board.

Due process is often associated with courts and legal proceedings.  But the licensing board does not have to take you to court to suspend your license or to impose other discipline. For the licensing board to impose discipline, the due process requirements are relatively straightforward—the state must provide you with notice of the allegations against you and any penalties that may be imposed as a result; the state must provide you with an opportunity to review the information being used to support those allegations; and the state must provide you with a chance to state your argument in opposition to the allegations against you.

Accordingly, in both Kansas and Missouri we have licensing boards that govern all of each states’ licensed professionals.  They set standards for attaining licenses, establish criteria for maintaining a license and investigate and discipline license-holders who may have fallen short of licensing requirements.  If a license holder disagrees with the licensing board’s decision, those decisions may be appealed to the courts, all the way to the state supreme court, for further review.

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

You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

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

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Asks: Is Your Real Estate Assistant Putting Your License at Risk?

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Real estate agents are respected members of the Kansas and Missouri professional communities.  But like any other professionals, real estate agents have to maintain good standing with their licensing agency if they want to continue their career. In particular, I have seen cases recently where realtors either fail to supervise their assistants or allow their assistants to have too significant a role in transactions. Either type of activity can result in discipline for the supervising realtor.

If you are a real estate professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Failure to Supervise and Allowing Unlicensed Activity

One of the realities of being a real estate agent is that there is way more work than there are hours in the day to perform it all.  As a result, successful realtors frequently hire real estate assistants who perform more run of the mill aspects of the work so that the realtor can devote time to focusing on getting new business and closing the big deals.  While this sort of division of labor results in significant efficiency and economies of scale, it can also result in ethical violations that can cost the supervising realtor his or her license.

Realtors frequently find themselves in hot water when they do not supervise their employees’ creation of promotional materials, contact with clients, and other duties. Whether knowingly or not, employees become empowered, take on more complex tasks, and begin performing duties that only a licensed realtor is allowed to perform.  This results in two types of license problems, failure to supervise and allowing the unlicensed activity.

As a real estate professional, you know that there are certain activities that only someone holding a real estate license can engage in.  In a failure to supervise case, the state alleges that a realtor’s subordinates engaged in behaviors reserved for realtors and that the licensed realtor failed to prevent this behavior. Similarly, an unlicensed activity case alleges that a realtor allowed those working for him or her to engage in professional activities reserved for licensed realtors. Here is a list of activities that are generally prohibited for real estate assistants, and that are frequently the cause of licensing issues for their supervisors: showing properties, hosting open houses, explaining listings or contracts to buyers or sellers, negotiating, conducting or gathering business on behalf of a realtor.

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

You have worked too hard to attain your real estate license to lose it because you failed to attain professional legal advice in a timely fashion. Reviewing the allegations against you, getting your evidence in order, and deposing witnesses are just a few of the important tasks a licensing attorney will perform to best position you to avoid any sort of discipline.  I also have tremendous experience working with licensing agencies and can negotiate an agreeable penalty if no successful defense is available. Contacting an experienced licensing attorney can mean the difference between getting back to helping your real estate clients and losing your career forever.

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

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How a DUI Can Affect Your Teaching License

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In our society, those who work with children are held to an extremely high standard. The standard is so high that a teacher will often get into licensing or employment trouble for behavior that would have little or no effect on a doctor, lawyer, or engineer. Whether this is fair or unfair is beside the point—it is a fact of life.  As a result, teachers often worry what the effect of a DUI will be on their careers.  If you are an educator here in Kansas or Missouri who has been charged with driving under the influence, call attorney Sanger today at 785-979-4353 to schedule a free consultation.

The Effects of a DUI Will Depend on Several Factors

DUI is the most common criminal offense committed by educators.  While it is a common offense, the effect of a DUI on your career varies widely and will depend on many factors—the circumstances surrounding the DUI, where you are in your teaching career, and whether you have had other DUI’s in the past.

Not all DUI cases are built the same. If you receive a DUI on the weekend and are just over the legal limit for driving, the arrest does not necessarily suggest that drinking is affecting your classroom performance.  On the other hand, if you receive a DUI charge while driving to or from work, it indicates that your drinking may be affecting your classroom performance.  In the latter scenario, expect employer and state scrutiny. Finally, a DUI that suggests that you have or would endanger children—such as a DUI while driving a summer camp van—is likely to be particularly problematic.

Your professional teaching status will affect how a DUI charge impacts your career. If you are an aspiring teacher, you may now have a DUI charge come up on every background check. If the circumstances of your DUI show poor judgement or severe disregard for public safety, it may become an issue with the state licensing agency and will likely be seen as a problem by employers. You will have to be prepared to address the issue with state investigators and prospective employers forthrightly.  You will need to have a strong body of evidence that suggests that this was a one-time occurrence to defuse notions that you are not fit to teach.

If you are already a teacher but are not tenured, a DUI may reflect poorly on you and may influence the tenure process in subtle or not-so-subtle ways, especially if the DUI had any overlap with your teaching duties.  Finally, if you are a tenured teacher, a DUI charge or conviction may have little effect on your employment provided that it did not otherwise reflect poor judgment or impact your work in the classroom.

Before any license or employment action can begin against you, the body seeking to discipline you must provide you with notice of any allegations and the evidence against you. It is a grave mistake to try to “be helpful” or to talk your way out of this situation. Only an experienced licensing attorney has the sort of experience you require to maintain your career and livelihood.

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

You have worked too hard to attain your teaching license to lose it because you failed to attain professional legal advice promptly after being charged with DUI.   Contacting an experienced licensing attorney can mean the difference between getting back to the classroom and your students and losing your career forever.

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

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Ethical Violations in the Psychology Profession

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Psychologists are highly respected members of their communities. In turn, they are expected to live up to a very high ethical standard. I frequently advise psychologists about their professional obligations and the best ways to avoid allegations of impropriety. Because psychologists are entrusted with confidential information, money, and private physical access to patients, there are many opportunities for a disgruntled former client or colleague to make an allegation of wrongdoing. As a result, it is essential to avoid situations where these sort of accusations could arise.

If you are a psychologist in Kansas or Missouri facing an ethics investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Do not agree to speak with an investigator without an experienced attorney by your side. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot navigate alone.

Attain Informed Consent

At the outset of your professional relationship with a new client, you must attain his or her “informed consent,” meaning you must provide sufficient information regarding the parameters of confidentiality, record keeping practices, your expertise and training, services you do and do not offer, expected duration of therapy, the patient’s right to end treatment, and fees and billing practices. Failing to provide this information in writing often leads to miscommunication and complaints later.

Understand Appropriate Relationship Boundaries

You have been taught the rules regarding relationship boundaries.  However, we are all human, and relationships tend to evolve in complex and surprising ways.  Never have a romantic or physical relationship with a patient.  Similarly, you should never see a family member, business associate, or close friend as a patient.  While it may seem harmless at the time when this line is crossed, I tend to see complaints come later, when the romantic or business relationship dissolves and feelings are raw.

Stay Within Your Area of Expertise

While it may be tempting to help someone out with a problem outside your area of expertise, it is not a wise decision to do so.  If you practice outside your area of expertise, you are exposing yourself to possible complaints that you lacked competency to handle your client’s problems.

Follow the rules Regarding Confidentiality

Follow the APA Ethics Code regarding confidentiality.  Whether you live in a major city or small town, disclosing a client’s confidential treatment information to anyone is a significant breach of ethics.  Even if this information is formally requested from you, your ethical duty is only to disclose as little information as possible.

Practice Ethical and Transparent Billing Practices

Accurately bill your client and insurers.  Keep careful, accurate records of bills and supply duplicate copies upon request.  Do not provide services that you do not bill for, and do not let patients pay for services that their insurance companies do not cover.

Know How and When to Terminate the Therapeutic Relationship

As you know, it is your ethical duty to terminate treatment if the client has ceased benefiting from your treatment. Similarly, if your client is no longer benefiting from treatment, you must also end your professional relationship. In these situations, you must clearly explain why your ongoing treatment is no longer appropriate. If another provider can help the patient, make a referral.  While these are sensitive conversations that you will have face-to-face with your client to avoid any feelings of rejection, you should document them thoroughly in your notes and a follow-up letter to the patient so that there is no miscommunication.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

As a psychologist, you have worked extremely hard to attain your license and the respect of your community.  An inquiry from a licensing board regarding your professional actions and decisions means that your livelihood is in jeopardy. If an investigation ensues, you will need help in gathering and organizing evidence, hiring expert witnesses, cross-examining witnesses, among other tasks.  Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to serving your clients and losing your career forever.

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

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Why Pharmacists Under Investigation Need to Stay Off Social Media

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Are you a pharmacist that has either received either a notice of investigation from your employer, a notice of an investigation from your licensing board, or a notice of a pharmacy audit? Any one of these notices means that an allegation of misconduct may have been made against you and that your career is in jeopardy.  I have written many blog posts about my general advice to remain silent in this situation but wanted to focus an entire post on the need to entirely refrain from using social media while this review of your professional conduct occurs.

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

Why Social Media is So Tricky for Pharmacists

Popular social media platforms such as Facebook, Twitter, and Instagram are all enjoyable ways to communicate with friends and family and to tell the world what is going on in your life, but they also serve as a permanent record of conversations that may be misconstrued by an investigator or disciplinary board. As a pharmacist, you are expected to display a professional and trusted persona.  As a result, social media platforms are a horrible place to complain about an investigation into your conduct at work. No matter how upset or angry an investigation makes you refrain from commenting about it on social media. In fact, I always go a step further and recommend that my pharmacist clients delete their social media profiles altogether while any allegations against them are pending.

Social media mistakes tend to fall into two categories.  First, it is easy to make a post or statement that will be taken out of context later; complaints about an investigation or your employer are particularly easy to misconstrue.  Second, we all post wacky pictures from our vacations and good times with our friends.  But while you are under investigation, photos you post, even after-hours behavior, can be used to support their allegation that you are drinking too much, abusing drugs, or otherwise acting unprofessionally.

When you express yourself on social media, you are “speaking” to the world, including the investigator or board reviewing your conduct. As you have seen numerous times on television crime dramas, “you have the right to remain silent,” and I advise you to exercise that right vigorously.  Simply put, do not make any statement to anyone without an attorney by your side, including on social media.

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

You have worked too hard to attain your pharmacist’s license to lose it because you failed to attain professional legal advice. Staying off of social media while an investigation is pending is just one piece of advice that you need to observe; speak with a licensing defense attorney to arm yourself with the other essential pieces of advice you need.  Contacting an experienced licensing attorney can mean the difference between getting back to helping your clients and losing your career forever.

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

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses the Most Common Reasons Physical Therapists Lose Their Licenses

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Physical therapists are particularly vulnerable to allegations of misconduct, as they have close contact with clients, have access to client’s confidential information, and are often working with clients one-on-one. Physical therapists often ask me if there are particular behaviors they should avoid or best practices they should adopt. Because I am so frequently asked about this topic, I have written the following blog post to outline the most high-risk behaviors.

If you are a physical therapist in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Top Threats to Physical Therapists’ Licenses

In my years defending physical therapists’ professional licenses, the following are the most common examples of conduct that results in allegations of unprofessional or unethical conduct:

Sexual Misconduct.  You should never have any sexual or romantic relationship with a patient, as this is one of the surest ways to lose your license. Similarly, you should not treat someone with whom you have previously had a sexual or romantic relationship. While either of these scenarios may not seem problematic when they are occurring, once the relationship ends and one party is spurned, allegations quickly arise.

Drug and Alcohol Abuse. If your drug or alcohol use is impairing your ability to do work with your clients, you are extremely likely to face some discipline. Even if you are not impaired at work, if your drug or alcohol use is close to your work hours, you are likely to be perceived as unprofessional—don’t take the risk.  Finally, the use of illegal drugs or using prescription drugs without a prescription, even if the use is unrelated to your employment, is likely to jeopardize your ability to work in any medical setting.

Fraud and Misrepresentation. Never promise or perform treatments that you are untrained or unlicensed to perform. Never bill for a procedure you did not perform or for unnecessary treatment. Not only is this sort of behavior dishonest and wrong, but it is also very likely to result in being caught, as insurance companies have advanced methods of noticing and proving fraud.

Patient Abuse. It does not need much explanation, never touch your client without his or her consent. Never touch your client sexually or in a manner that could be perceived as sexual in nature.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your physical therapy license. Allegations based on miscommunications, inter-office conflict, and vengeful patients can cost you that license, even if they are not true. Physical therapists often come to my office for a consultation after they have received a notice of investigation from either their employer or licensing board.  Sometimes they are still in a good position, and there is a lot I can do to either minimize the damage or have it dismissed altogether.  However, there are other times when there is very little I can do because the medical professional involved has tried to “go it alone” or tried “to be helpful,” thinking that these may be successful strategies. They aren’t. Contact an experienced licensing attorney now to protect your interests.

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

 

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

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Nurses often come to my office for a consultation after they have received a notice of investigation from either their employer, a medical center, or the state licensing board. They are worried that allegations against them will result in a loss of their nursing license.  In some cases, these nurses have already made a full statement to a member of the human resources staff investigating the allegations or to an investigator from the state nursing board. Unfortunately, in these situations, the damage to their license is often already done. Investigators are trained to be friendly and disarming, so it is natural to think speaking with them may help a nurse’s case—it won’t.

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

Don’t Do the Investigator’s Work

The stakes are high.  The investigator looking into an allegation against you may have little or no evidence, only an accusation. Your statement may be the only evidence to support a claim, and it is easy to misconstrue your comments made under pressure in a manner that makes you look guilty. To defend yourself, you may accidentally disclose some other misconduct.  For example, I have seen nurses accused of abusing opioids. In a misguided attempt to defend themselves, they denied using opioids but conceded that they do use marijuana after work to relax.  While they may have been right to deny the opioid use, they are now under investigation for using other illegal drugs.

Remain Silent

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

Do Not Ignore the Allegations Against You

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

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

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

Nurse Under Investigation? Contact a Kansas and Missouri Licensing Attorney Now

As a nurse, you have worked too hard to attain your nursing license to lose it because you spoke too freely to an investigator. Contacting an experienced professional license defense attorney to help you through the investigative process and can mean the difference between getting back to helping your patients and losing your career forever.

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