Can I Lose My Nursing License in an Emergency Suspension?

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As a nurse, your license is your ticket to a career and livelihood. Unfortunately, nurses often come to me too late asking whether the Board of Nursing can take their nursing license. The answer to that question is “yes,” unfortunately. If you find yourself asking this question because you have done something unprofessional or illegal, you need to retain a competent licensing attorney immediately so that your license can be protected proactively. The Sanger Law Office has a long track record of successfully providing this sort of defense to Kansas and Missouri nurses.

You need legal representation because you have a constitutional property interest in your nursing license, and that property cannot be taken from you without “due process,” meaning some sort of opportunity to be told what the charges are against you, to challenge the evidence against you, and to argue your position. However, the amount of due process you are entitled to depends on the degree of the suspension you are subjected to, but you should seek legal representation any time you are being investigated or are facing suspension.

Emergency Suspension

If it is believed that you are a clear and immediate danger to the public, your license can be suspended with little or no due process. This is called an emergency or summary suspension, and because it is not permanent, the process is far less substantial than you might expect.  In this process, an administrative board will hear evidence that you are a danger. But unlike a court where strict rules dictate what can and cannot be considered, this sort of emergency hearing will consider hearsay and less substantial evidence than what one would expect in a civil or criminal trial. Social media posts, second-hand information, and unsubstantiated statement can all be considered.

What Steps Can I Take to Avoid an Emergency Suspension?

Nurses are under a tremendous amount of stress. Even under these stressful situations, they are expected to perform professionally and carefully document their duties.  Unfortunately, given the rise of the opioid epidemic in the United States, nurses are being scrutinized for their use, access, and destruction of pharmaceuticals that they use in a medical setting.  Allegations of use or distribution of drugs are a common basis for emergency suspensions.  Here are three steps you can take to avoid these sort of allegations being made against you:

  1. Be careful to follow all hospital or clinic policies precisely.  For example, always make sure you have someone observe the wasting of medications and that that that person actually witnesses the wasting and cosigns the appropriate documentation.
  2. Avoid all controlled substances – you may be prescribed controlled substances of a legitimate medical condition. If you need to take those controlled substances for a short period of time, do so.  However, take off from work while you are under their influence.  If something inappropriate happens while you are at work under the influence of these substances, even if they were legally prescribed, the administrative board will have no way of determining whether you are abusing them, whether you took them at work, or whether your work was influenced by their effects.
  3. Never borrow, share, or save controlled substances. Get a prescription for your medications and keep the prescription on hand until you no longer need the medication. Destroy medications once you no longer need them. Even if you think you may need the medications someday, do not keep them.  Using them later, without a prescription, may be seen as the illegal practice of medicine.

I hope that you never need this advice but also wanted to give you guidance so that you can proactively avoid license issues.  However, even professionals who do nothing wrong can be wrongly accused. Not having competent legal representation when you are being investigated can have tragic results for you, your carer and your family.

Call today if you are a nurse  from Kansas or Missouri, and you are being investigated or facing professional discipline.

Kansas Professional Licensing Attorney Danielle Sanger is ready, willing, and able to mount a vigorous defense for you. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for nurses facing occupational discipline or licensure issues.

Kansas and Missouri Licensing Defense Attorney Warns that Social Media and Medical Care Don’t Always Mix

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As social media use becomes ever-present and clients come to me with licensure issues based on their Facebook and Twitter posts, it seems prudent to go over how your status as a medical care provider can be affected by your social media use.

You likely see friends and family post and repost funny anecdotes about their life and work.  Teachers grumble about grading.  Plumbers complain about clogged pipes.  While you may have an impulse to join in and tell tales from your hospital, nursing home, or medical office, think twice before doing so. Several factors limit your ability to share stories from the workplace, and a failure to use good judgement and obey applicable laws may have significant employment or licensure consequences.

Federal Privacy Laws Limit What You Can Say about Patients

Even if you are a newcomer to the health field, you are likely aware that the Health Insurance Portability and Accountability Act (HIPAA) protects patients’ privacy. HIPAA provides a legal framework for protecting your patients’ privacy. In short, you cannot reveal patients’ medical information to third parties without the patient’s consent.

Even if You Post Anonymous Information, It Could Lead to Problems

Removing a patient’s name or distinguishing information from a social media post may help you avoid running afoul of HIPAA, but it may not avoid violating the patient’s privacy. While you may think that removing the patient’s name takes away others’ ability to know who you are joking or griping about, it may make matters worse. If you assisted on six births over a weekend, but joke about one on Facebook, you may have given enough information to make all six patients believe you have violated their privacy.  Moreover, you may have made every recipient of your post question whether you will joke about their medical care sometime in the future. That erodes your credibility as a professional. This problem compounds when you joke or post about a highly specific medical condition on a certain day. That is a recipe for a patient figuring out that you are talking about them.

Use Good Judgment Even When Not Revealing Protected Patient Information

You do not have to violate HIPAA to run into trouble on social media. One thing to keep in mind is that you lose control of social media post once it is posted.  So a quip that you and your colleagues may see as humorous “shop talk” or “gallows humor” may be shocking to recipients to whom the post is eventually forwarded. Mocking or discussing patients or medical procedures performed on a certain day may suggest to your community that you are flippant about patient care or unprofessional. This has implications for your personally and for your employer as well. Serious cases of this may result in a claim of unprofessionalism or licensure issues.

Never Post Pictures of the Workplace

The United States Navy recently investigated two hospital corpsmen who posted inappropriate videos of newborn babies on Snapchat. These were cynical, unprofessional videos mocking the babies. While in the end the videos did not pose any real harm to the children, they gave rise to questions about the corpsmen’s professionalism. Posting pictures from the workplace of patients or procedures suggests  a degree of unprofessionalism that you cannot risk.

Call Attorney Sanger today at (785)-979-4353 to protect your professional license.

Contacting Missouri Licensing Defense Attorney Danielle Sanger can help you protect your licensure and career. While you have a constitutional right to free speech, your employer may illegally take employment action based on what you say on social media. Attorney Danielle Sanger is an experienced Kansas and Missouri licensing attorney and has the experience to both resolve your lingering licensure issues and walk you through your current licensing process. She has the experience to deal with licensing bodies, appear before administrative boards, and provide clients with the advice to best position themselves professionally.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: Dedicated Advocate for Social Workers Facing Professional Discipline 

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Social workers are professionals entrusted to take care of some society’s most vulnerable populations. Children, the disabled, the elderly, and people with drug and alcohol dependency are often social worker’s clients. While most of society appreciates and applauds social workers’ hard work to better society, many are quick to condemn a social worker if any suspicion or rumor of misconduct arises. Given social workers’ backbreaking caseloads and one on one contact with clients, these allegations can be difficult to disprove and potentially career ending. Don’t let an allegation of misconduct end your career and ruin your finances and future.

In Kansas and Missouri, social workers facing professional discipline can rely on Danielle Sanger, Esq. to defend their rights. Attorney Sanger has spent her career defending licensees before administrative and licensing boards, protecting those accused of making mistakes and other misconduct from losing their professions, savings, and homes.

Let’s face it, social workers have an extremely difficult job. They are haunted by the specter of misconduct daily for more than one reason. First, they are often working with extremely vulnerable populations with little or no supervision. Drug addicts, at-risk youth, neglected or abused children—they all require the special training and services that only a social worker is trained to provide. On the other hand it is also extremely easy for one of these clients or their family member to concoct an allegation of misconduct against a social worker in hopes of getting some sort of financial windfall from a state or agency. As a result, licensing issues can and do arise at no fault of the social worker. Well meaning social workers often try to “work with” investigators to clear up these misconceptions. That seemingly well-intentioned act can lead to your words being twisted and used against you later and an eventual loss of your professional license.

Second, social workers are often underpaid and overworked.  Extreme caseloads, unrealistic expectations, and diminishing training budgets can combine to result in mistakes. Even innocuous mistakes, however, can result in extreme consequences such as loss of a license and permanent reputational harm. In these situations, heartfelt apologies and expressions of remorse will be “Exhibit A” in the administrative hearing against the social worker.

There is no time to waste if you are accused of misconduct. Too many social workers try to talk their way out of misconduct or represent themselves before licensing boards, thinking that they can understand the process and anticipate the challenges that lie ahead. You should not respond to the licensing agency until you have attained representation by a skilled licensing attorney.  Rest assured, the licensing administration opposing you will not be representing themselves, they will have an expert representing their interests. So should you.

You have rights if you are accused of misconduct.  Because the state is seeking to take your property—your license to practice social work—you are have a right to due process.  This is not the sort of due process you might see in a courtroom, but it is no less important. Having a zealous advocate by your side challenging the validity of the evidence against you and cross examining those who testify against you is not a luxury, it is a necessity.

If you are a social worker in Kansas or Missouri and are facing a threat to your license, call Danielle Sanger today.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for social workers facing occupational discipline.

 

Physical Therapists in Kansas or Missouri Facing Professional Discipline Should Turn to Professional Licensing Attorney Danielle Sanger for Impassioned Defense

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Facing professional discipline is a daunting time in a physical therapist’s career. A physical therapist should not feel like they are a bad person merely because the Board of Healing Arts levied a complaint against them. Mistakes do happen, but that does not mean that the physical therapist should never practice again. It could mean that the Board of Healing Arts in Kansas or Missouri will seek sanctions against their license. A physical therapist in that position must seek legal advice from a competent and experienced professional licensing attorney who practices in Kansas and Missouri such as Danielle Sanger, Esq.

Having a vigorous and aggressive professional licensing advocate on your side could mean the difference between continuing practicing in your chosen profession and searching for supplemental work because your license to practice is suspended or revoked. Not just any attorney will suffice. Professional disciplinary attorney Danielle Sanger has the experience, dedication, devotion, and competence you need.

Your inclination might be to fight the government on your own. Representing yourself is a path that could have severe consequences. Most people who represent themselves get caught up in the emotional aspect of the proceedings. It is hard to think clearly, to know your options, and execute a plan to protect your professional and personal well-being when you must counter allegations of misconduct, especially if they are untrue or exaggerated. Having a professional licensing attorney by your side from the inception of the investigation into your alleged misconduct will help you achieve the best result for you and your family.

Facing professional discipline is a dire situation that could have potentially drastic consequences for you and your family. Disciplinary boards have broad discretion on the penalty they can fashion for a physical therapist who runs afoul of the rules governing the profession. The Board of Healing Arts could impose sanctions ranging from a censure and a private reprimand to revocation. There are intermediate sanctions available to the Board of Healing Arts as well. The Board of Healing Arts has the authority to issue a public reprimand, probation for a length of time with conditions or limitations on the physical therapist’s ability to practice, suspension, or revocation.

Suspension and revocation are typically reserved for the worst cases. The Board of Healing Arts will impose such severe sanctions when a patient or patients of the physical therapist suffered an injury, be it physical, emotional, or monetary. Alternatively, the Board of Healing Arts will examine the physical therapist’s background for prior discipline and determine that previous sanctions have not corrected unlawful behavior and therefore the physical therapist must be ordered to stop practicing.

No matter the punishment, the goal for the Board of Healing Arts is to protect the public. The physical therapist has the opportunity to demonstrate that any sanction should be limited in scope, limited in duration, and not be too onerous. A savvy and experienced professional licensing attorney will have the ability to argue in your favor persuasively.

The physical therapist who is facing professional discipline has other rights beyond the right to choose counsel. Any professional against whom discipline is sought has the right to a hearing before a neutral and detached magistrate, to confront and cross-examine witnesses who testify against them, and to know the evidence the government has that supports its claim. Also, the physical therapist has the right to call witnesses on their own behalf and testify on their own behalf. Additionally, the physical therapist has the right to appeal all adverse rulings to a court of law after all administrative remedies have been exhausted.

Kansas and Missouri Professional Discipline Attorney Fighting to Protect the Livelihoods of Physical Therapists

Call Kansas Professional Disciplinary Attorney Danielle Sanger today at 785-979-4353 to schedule a free consultation. Do not hesitate. Call immediately if you learn that you are being investigated. It is never too soon to begin preparing a winning defense.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: Aggressive Representation of Dentists Facing Professional Discipline

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More and more studies have shown that oral hygiene and good oral health are a vital component of our overall well-being. Therefore, dentists, dental assistants, and dental hygienists help keep us healthy in conjunction with our primary care physicians and other healthcare professionals upon whom we rely. All professionals within the dental field are educated and licensed professionals dedicated to their craft. However, dentists, dental hygienists, and dental assistants (collectively “dentists”) make mistakes just as fallible humans do, despite having their patient’s best interest in mind. That is why dentists who are facing professional discipline need an experienced, aggressive, and successful advocate for dental professionals in Kansas and Missouri like Danielle Sanger, Esq.

Attorney Danielle Sanger has dedicated her practice to representing professional licensees before professional boards and administrative agencies. Her passion for helping professional licensees differentiates Attorney Sanger from other attorneys. She has over a decade of experience defending clients facing license loss. Additionally, her experience as an Assistant Attorney General prosecuting professional license matters before the Kansas Board of Nursing gives her clients an added advantage. Attorney Sanger understands how the system works and how best to represent her clients within those strictures.

Those who work in the dental profession are well-regarded as intelligent individuals. Therefore, it would be tempting for them to try to take on the government and represent themselves before the Board of Dentistry. Self-representation is fraught with danger. People unsophisticated in the law are easily overwhelmed and can make mistakes despite how convinced they are of their innocence. Additionally, some dental professionals might believe that they can save money by representing themselves. Nothing could be further from the truth. Hiring an experienced, savvy, and zealous professional licensing attorney could save your practice and therefore your livelihood.

Dentistry professionals, like other professional licensees, face a myriad of disciplinary possibilities. These possibilities range from censure and public reprimand to suspension or revocation. Dental professionals may also suffer punishments such as public reprimand, a probationary period with conditions placed on their license to practice dentistry, suspension, and finally revocation. Enlisting a vigorous dental licensing attorney to fight on your behalf will give you the best chance of receiving the least severe punishment possible under the circumstances. Those conditions also include particulars about the dentist’s career and history of the previous discipline. The severity of the penalty meted out by the Board of Dentistry will come down to whether the dentist has a history of professional discipline, the severity of the incident in question, and the dentist’s reputation within the dental community. Also, the disciplinary board could consider other relevant factors such as whether there was a victim in the case and whether he or she suffered any injuries.

Dental professionals enjoy a plethora of rights before the government, presented by the licensing board, can impose a sanction on their ability to practice.  The rights professional licensees have are similar to those afforded to a criminal defendant. Chief among those rights is the right to a fair and impartial hearing before a neutral and detached magistrate or fact finder. It is important to note that there is no right to a trial by jury. But, the licensee has the right to see the government’s evidence, cross-examine or confront witnesses, and to call witnesses to testify on their behalf. Professional licensees have a right not to incriminate themselves, but an invocation of their right not to incriminate themselves may be used as negative evidence against them.

Consult an Experienced and Dedicated Dental Licensing Attorney before Speaking to Anyone about a Complaint or Investigation into your Conduct

You have the right to counsel of your choosing to represent you, even during the investigation phase of a claim made against you. Choose Kansas and Missouri professional licensing attorney Danielle Sanger to fight for you and your livelihood. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: Dedicated Advocate for Pharmacists Facing Professional Discipline

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Pharmacists are dedicated professionals who make significant contributions to our healthcare and our quality of life. Our pharmacists become trusted members of the team who watches over our well-being. We entrust pharmacists with tremendous responsibility, and most discharge their duties professionally and competently. The public confidence in pharmacists and the service they perform is significant. However, pharmacists, like all other licensed professionals, are human and can make mistakes. Consequently, pharmacists face the specter of professional discipline for failing to protect the safety of the public and the integrity of the profession.

In Kansas and Missouri, pharmacists who are facing professional discipline have an ardent advocate in Danielle Sanger, Esq. Attorney Sanger has dedicated her career to defending professional licensees from disciplinary actions. Attorney Sanger’s substantial experience representing clients before disciplinary boards and administrative agencies gives her clients the advantage they need to protect their livelihood and their family from financial ruin.

Pharmacists are under a significant amount of stress and pressure these days. Pharmacists dispense and guard, for that matter, substances that are of great value on the streets. Drugs like Oxycontin and other opiate derivatives are in high demand as a consequence of the opioid epidemic facing our country today. Pharmacists and pharmacy staff, over which the head pharmacists has supervisory responsibility, could be tempted by significant financial incentives to misappropriate painkillers. Pharmacists must exercise caution and adhere to all of the regulations pertaining to opioid medications.

A pharmacist must contact a highly experienced and knowledgeable professional licensing attorney immediately upon learning they are under investigation. Pharmacists might be tempted to attempt to talk their way out of a complaint if they cooperate with their licensing authority’s investigation into their wrongdoing. A pharmacist, and all other holders of occupational licenses, should not contact their investigatory agency until speaking with competent professional licensing counsel. The investigating agency might not inform the pharmacist that he or she has the right to counsel before they speak. Just like in criminal court, anything you say can, and will, be used against you in a court of law. Unlike a criminal defendant facing interrogation, there is no requirement that the pharmacist receives the equivalent of the Miranda warnings. Thus, no statement is “off the record.”

Contacting a professional licensing attorney in the initial stages of an investigation will help you mount a defense immediately. Time is of the essence. The pharmacist has a chance to negotiate a resolution to the matter before a complaint issues through your attorney. If, however, that is not possible, then getting an experienced occupational licensing attorney involved in the preliminary stages of an investigation will benefit the pharmacist greatly. The attorney will have time to investigate the facts, examine potential defenses, find witnesses, and review the government’s evidence. There is also ample time to create a compelling narrative as part of the pharmacist’s case that demonstrates the lack of culpability on the pharmacist’s part. Likewise, the attorney has the chance to mitigate any wrongdoing by gathering evidence that will help make a case for a reduced penalty.

A professional disciplinary action is no joke. Although the hearing does not occur in a traditional courtroom, the pharmacist has rights similar to that of a criminal defendant, except that there is no right to a trial by jury. However, the pharmacist has the due process right to confront and cross-examine witnesses appearing in support of the complaint and to present a case in the pharmacist’s defense. The pharmacist also has the right to a fair hearing before a neutral and impartial magistrate.

Call today if you are a pharmacist from Kansas or Missouri, and you are facing professional discipline.

Kansas and Missouri Professional Licensing Defense Attorney Danielle Sanger is ready, willing, and able to mount a vigorous defense for you. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for pharmacists facing occupational discipline.

LPNs and Disciplinary Actions

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Licensed practical nurses, LPNs for short, play a pivotal role in our healthcare system in Kansas and Missouri, and across the U.S. LPNs have similar, although not identical, responsibilities as a registered nurse. Notwithstanding, LPNs are highly-trained, skilled, and knowledgeable healthcare providers. LPNs are not a substitute for RNs because LPNs have their unique position in doctors’ offices, clinics, hospitals, and nursing homes. Given their role in our healthcare system, LPNs must follow all ethical rules which govern the profession. Consequently, LPNs are subject to professional discipline by their licensing authority for deviations from the ethical standards and the standard of care particular to the profession.

Know Your Rights As An LPN

You have valuable rights conferred to you when you receive your LPN license. In Kansas and Missouri, you have a right to the due process of law before the state government, through its state boards of nursing, can revoke your license or impose some other penalty upon you that deprives you of the privilege of working as an LPN. Your due process rights are derived from the 5th amendment to the United States Constitution as well as the Kansas and Missouri state constituions and the statutory law governing nursing practice in each state.

Due process is not some legal term lawyers through around idly. The most important due process right is the right to have an attorney represents you. You can, and should, consider hiring an experienced Kansas and Missouri professional licensing attorney to represent you. Your best interests will be served if you contact a professional licensing attorney as soon as you learn of an investigation involving your conduct as an LPN.

Due process protections guarantee that you receive official notice of the allegations a complaint made against you and to examine all of the evidence the government has to present against you, both good and bad. Furthermore, due process means you have a right to a hearing before a neutral and detached fact finder where you can present evidence and witnesses who will testify for you in addition to having the opportunity to confront the witnesses who testify against you through cross-examination. You also have the right to appeal any findings to a court of law from the administrative tribunals that make the factual findings and hand down punishment.

Potential Penalties You Face For A Licensing Infraction

The statutes in both Kansas and Missouri permit a range of punishments for violations of the ethical rules governing LPNs. Punishments for violations of the nursing statutes and rules include:

  • Reprimand,
  • Censure,
  • Probation, with conditions of practice placed upon a license,
  • Suspension, and
  • Revocation

The type of punishment and the duration of the punishment depend on several factors. Perhaps the most important factor is the severity of the allegations. Additionally, boards of nursing will consider your history of past infractions, if any, the length of time you have held a license, among other factors.

Even at the punishment stage, you continue to hold valuable due process rights. You continue to enjoy the right be have counsel represent you, to present evidence on your own behalf regarding the penalty imposed, and the right to appeal.

Do Not Delay In Contacting Experienced Counsel For Representation

If you learn that you are under investigation for a licensing violation, contact an attorney right away and do so before you contact the licensing board or investigating body. Doing so without first securing competent experienced and skilled representation could substantially prejudice you and reduce the likelihood of a favorable outcome for you.

For More Information

If you are the subject of a professional licensing investigation, contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today for a free consultation. Put Attorney Sanger’s vast experience, knowledge, and skill to work for you. Call 785-979-4353 today to schedule a meeting and take steps to protect the livelihood for which you have worked hard immediately.

CNAs and Disciplinary Actions

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CNAs, or certified nurses’ assistants, are some of the unsung heroes of the medical profession. Frequently, a CNA’s job is not glorious; it is generally challenging and often goes unrecognized. However, CNAs perform an invaluable service to the patients they serve. CNAs help patients maintain a sense of personal dignity and provide the type of care that helps the patients exist from day to day.

The CNA’s primary duties such as assisting a patient dress, eat, groom, or take vital signs and administer medications might not seem like the type of profession in which someone could run afoul of the professional rules of licensing. Nothing could be further from the truth. CNAs interact with people at the most basic levels. Therefore, a CNA must exercise the utmost discretion and professionalism. Behavior that might seem like a CNA exerting undue influence over a patient could be innocent interaction and genuine care. Notwithstanding, a suspicious family protecting their loved one might misconstrue your actions and file a complaint with the board of nursing to report your alleged unethical behavior.

What Should You Do If You Learn You Are Under Investigation?

You have the right to representation by the counsel of your choosing if you are under investigation for a licensing or ethical violation. The board of nursing or another investigating body has no obligation to appoint an attorney to represent you. That does not mean that these proceedings are insignificant or that you could talk your way out of it. Quite the contrary. You should seek the assistance of an established, knowledgeable, skilled, and experienced professional licensing attorney to defend you against these allegations. If you are a CNA in Kansas or Missouri, professional licensing attorney Danielle Sanger enjoys the reputation as a zealous advocate for CNAs and all professional licensees facing discipline.

Investigations into reports of wrongdoing frequently lead to complaints issuing seeking professional discipline. Sometimes the claims are resolved in the licensee’s favor because the allegations are baseless but not always. The investigating body does not need to uncover a significant amount of evidence to issue a complaint. Consequently, you have rights to ensure that you receive a fair hearing before the government takes away your CNA license.

What Rights Do You Have As A CNA?

Every professional licensee has the right to a fair hearing before the government imposes sanctions upon you CNA license. Those rights are guaranteed by the Due Process Clause of the United States Constitution as well as state constitutions and laws. In addition to the right to have an attorney represent you, as described above, the right to a fair hearing included many important rights. Those rights include:

  • The right to a fair hearing before a neutral and impartial fact-finder,
  • The right to present witnesses and evidence on your behalf,
  • The right to confront and cross-examine witness who testify against you,
  • The right to notice of the allegations made against you and to see the government’s evidence, and
  • The right to appeal any decisions made by the licensing board to a court of law for judicial review.

Types Of Discipline You Could Face

Having a skilled administrative law attorney on your side during every phase of the professional disciplinary process, including the penalty phase, is vital to your future as a CNA. If the complaint against you is sustained, you could face the following sanctions on your CNA license:

  • Censure,
  • Reprimand,
  • Probation with conditions of practice on your license,
  • Suspension, and
  • Revocation.

Contact Attorney Danielle Sanger Immediately Upon Learning You Could Face Discipline

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation. Attorney Sanger possesses the knowledge and experience to aggressively represent you against professional discipline.

 

APRNs and Disciplinary Actions

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Advanced practice registered nurses, APRNs for short, serve a whole host of functions in providing healthcare to patients. The APRN designation encompasses a relatively wide range of healthcare professionals. APRNs can be nurse practitioners, midwives, clinical specialists, and nurse anesthetists. Our healthcare system has turned to more of these specialized professions to assist physicians in the increasingly demanding obligation to deliver medical treatment.

The ethical rules of each profession and the individual states’ rules of the profession govern the professional conduct. Accordingly, all APRNs must be licensed according to the state’s law in which the APRN chooses to practice. The negligent, reckless, or willful failure to comply with the rules of the profession will subject the APRN to professional disciplinary action.

In both Kansas and Missouri, APRNs fall under the purview of each respective state’s Board of Nursing. Each state requires advanced training and education to maintain status as an APRN as compared to an RN or LPN. APRNs are responsible for maintaining the performance standards of the profession in addition to the ethical standards thereof. However, despite the higher standard of care to which APRNs must adhere, they are guaranteed the same rights as RNs and LPNs if they have been accused of a violation of the professional standards governing the profession.

The Rights of an APRN Facing Professional Discipline

Every person who holds a professional license, including APRNs, receives the protection of Due Process rights if the licensee faces disciplinary action. Their Due Process rights are guaranteed by the Fifth Amendment to the United States Constitution. Kansas and Missouri’s state constitutions offer similar protections, respectively. The APRN facing professional discipline enjoys the right to:

  • Representation of counsel of their choosing, even at the investigation stage;
  • A fair hearing presided over by a detached and neutral magistrate;
  • See the government’s evidence that purports to substantiate their claim of wrongdoing;
  • Confront and cross-examine witnesses;
  • Call witnesses who will testify on behalf of the APRN;
  • Present evidence in their own defense;
  • Negotiate a resolution of the offenses short of hearing, and
  • Judicial review after exhausting all administrative law review alternatives for relief.

Potential Penalties

The sanction an APRN receives depends upon an analysis of several factors. The disciplinary body will consider the APRN’s professional and personal history, their record of previous disciplinary action if any, and the severity of the allegations proved after hearing. The disciplinary body could also consider the effect the infraction had upon a patient as well. The disciplinary board can consider other factors such as the APRN’s initiative to get help on their own for a substance-abuse problem or attend additional educational programs to reduce the chance of recidivism.

The APRN has the right to representation by counsel during the sanction phase of the proceedings as well. A knowledgeable and skillful professional licensing attorney will zealously argue for reduced sanctions. The possible sanctions are:

  • Censure,
  • Reprimand,
  • Probation for a specified time with conditions or restrictions on the APRN’s license to practice,
  • Suspension, and
  • Revocation.

Revocation is obviously the most severe sanction. Disciplinary boards do not callously revoke a person’s license. However, they will if it is necessary to protect the public safety and maintain the integrity of the profession. Even if the licensing authority hands down such a severe punishment, the APRN may have the opportunity to apply for reinstatement after a specified time elapses.

Do Not Take On The Government Alone

You have the right to be represented by counsel at every stage of the proceedings. That includes the investigation phase. Before you contact your licensing authority after learning of a complaint lodged against you, you should contact professional licensing attorney Danielle Sanger. Attorney Sanger is an aggressive and zealous advocate for professional licensees in Kansas and Missouri. Call Kansas Professional Liability Defense Attorney Sanger today at 785-979-4353 to schedule your free consultation.

RNs and Disciplinary Actions

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As a society, we ask so much of our nurses. Nurses are a doctor’s second pair of eyes and ears to assist in the clinical setting, but they are so much more. Patients look to nurses for a kind word, a reassuring touch, compassion, and companionship. Nurses, in short, are the lynch pin of the medical profession.

Registered nurses or “RNs” work long and hard to obtain their professional licenses to become RNs. Your RN license is not merely a card with a registration number. It represents so much more. Your RN license is the culmination of years of exhausting work, study, and devotion to a profession. Being an RN is more than a job, it is a calling. So when a patient or employer claims you have violated the rules and regulations governing the nursing profession, you need to fight back and protect your livelihood and your way of life.

That is why if you are an RN who is facing professional discipline in Missouri or Kansas, you need someone to help protect your rights to your professional license. Attorney Danielle Sanger is the lawyer for you. Attorney Sanger prides herself on presenting clients zealously and to the best of her ability at all times.

Experienced Professional Licensing Attorney With Proven Results

Attorney Sanger’s has vast experience representing clients facing professional discipline. Before opening her law practice, Attorney Sanger worked for the Kansas Attorney General’s Office as an Assistant Attorney General assigned to represent the Kansas State Board of Nursing in disciplinary and licensing disputes. Attorney Sanger’s experience as an Assistant Attorney General afforded her the opportunity gain extensive knowledge about disciplinary investigative procedures, administrative law procedure, as well as evidentiary issues. The skills and experience Attorney Sanger gained representing the Kansas State Board of Nursing has greatly benefited her clients.

Know Your Rights

You have valuable rights to your professional license as an RN. The government cannot simply take your license away without giving you due process of law. Due process is not some idle legal theory. Rather, the notion of Due Process is guaranteed by the 5th Amendment to the United States Constitution. In accordance with your Due Process rights, you have the right to receive notice of the complaints lodged against you and to know of the evidence the prosecution has that supports their claim against you. Also, you have a right to a full and fair hearing, with the opportunity to cross-examine witnesses.  In addition, you have the right to present witnesses to testify on your own behalf. Lastly, you have the right of appeal to a court of law after you have exhausted all of your administrative remedies.

What To Do If You Learn That You Are Under Investigation

Contact a qualified and experienced occupational licensing attorney such as Attorney Sanger. You have the right to representation of your choosing. Do not wait to see if it all blows over. Aligning yourself with a zealous advocate early in the process could help you achieve a better result for you and your family. The worst thing you can do is waiting and see if it all passes, by then it could be too late.

Potential Discipline

The State Board of Nursing has several options if the complaint against you is proved. The particular sanction, or sanctions, can vary from a private reprimand to revocation of license. The licensing authority will consider your work history, past complaints if any, and perhaps most importantly, the severity of the allegations, among other factors to determine your punishment.

Call Today To Protect Your Rights

Call 785-979-4353 today to schedule an initial free consultation with Kansas Professional Licensing Attorney Danielle Sanger and learn how the combination of experience, skill, and superior knowledge will save your livelihood from ruin.