Doctor Surrenders License in Kansas After Medical Board Review

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Doctors understand the value of their medical licenses. Without a license, the doctor cannot practice their profession. Years of hard work have led to their profession, and in many cases, practicing medicine becomes a part of a person’s identity in addition to their livelihood. When a complaint is made against a doctor’s license, the situation can be stressful and, in some cases, devastating. It is important to take complaints seriously and to fight against any allegations. When it comes to a medical license, there is a great deal at stake.

Doctor in Kansas Surrenders License

A doctor in Kansas recently opted to surrender his professional license after he was investigated by the state’s medical board. The physician was operating an anti-aging clinic and a wellness spa. It is not clear why the doctor was being investigated, but the same physician had previously had his license suspended. Nearly twenty years ago, Kansas suspended the man’s license after he engaged in sexual relations with a nurse and two patients. In Missouri, the same physician had been investigated for failing to complete registration for a controlled substance. The substance in question was testosterone.

The board recently placed an emergency suspension on the doctor’s license after stating that the continued practice of medicine by the individual would lead to an imminent danger to his patients. The doctor eventually agreed to surrender his license to end the most recent investigation.

Why would a Doctor Lose Their License?

Doctor’s licenses may be challenged for a number of reasons, including poor quality of care to their patients, sexual abuse or misconduct, mental impairment, drug or alcohol abuse, or administrative misconduct. When it comes to the medical profession, these individuals are required to meet a high level of care and must abide by strict professional guidelines.

In many cases, the allegations may not be true, or the case is not clear cut. When the medical board receives a complaint about a doctor, there is a process that the board will go through in determining whether to take disciplinary actions against that physician.

The penalties a person will face will depend on the severity of the misconduct. Given the potential for a severe outcome, including the loss of a medical license, it is crucial that a doctor who receives notice of a complaint address the allegations aggressively.

Defending a medical license

If you are facing an investigation, you will have to provide a defense at a hearing. Hiring an attorney to handle the issue can help doctors understand how to best protect themselves and their livelihood. A lawyer who specializes in professional licensing issues will help you to understand what to do and can ease some of the stress brought on by the allegations.

Another step to take is to contact your malpractice insurance provider. Contact should be made as soon as you are aware of the investigation. In many cases, the insurance policy will require that you take this step promptly. Contacting your insurer will help protect you in the future.

You may also speak to your attorney about whether you need to hire an expert to defend you. You might know people in the medical field who would be helpful in providing a defense at your hearing. Tell your attorney and ask if this is necessary for your given situation.

The Kansas Professional Licensing Defense Lawyer at Sanger Law are ready to help protect your profession. Contact us today at (785) 979-4353  to discuss your case.

Opioid Case Leads to Pharmacist Losing License

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The opioid crisis in America has led to hundreds of thousands of deaths across the United States. In fact, new reports indicate that about 99,160 more people were killed in this epidemic than previous reports had determined. In total, about 450,000 people across the country have lost their lives in opioid overdoses.

The issue has become a complicated one because it brings up questions about professional responsibility for doctors, nurses, and pharmacists. The people becoming addicted to these powerful drugs often are not individuals who are seeking street drugs. Instead, many of these people are initially prescribed the pain killers by their doctors.

Pharmacist Loses License

A pharmacist recently made headlines when he was required to surrender his professional license after being accused of illegitimately selling painkillers to patients. The consequences for the filling of prescriptions that were deemed questionable included a $600,000 fine, and his business can no longer carry controlled substances.

A court found that the pharmacy ignored red flags and continued to fill prescriptions, especially for opioids to patients who other pharmacies had already cut off. One person at the pharmacy reportedly expressed concern, but the pharmacist stated that his policy was to fill prescriptions for anyone whose doctor had written one.

As the opioid epidemic has spread, similar stories are taking place throughout the country.

Medical Professionals Caught in A Difficult Place

For many in the medical field, the opioid crisis has presented challenges. On the one hand, the spread of addiction is a serious concern for the nation and one that needs to be properly addressed. At the same time, doctors prescribe opioids for a reason. These drugs are a form of medication that has a proven benefit for patients. Doctors are required to do what they can to adequately treat their patients but are also required to abide by strict regulations. Additionally, many doctors are having to base part of their decision on what their patients are reporting to them.

It is a dangerous and challenging place for doctors to be when treating their patients to the best of their ability could potentially place their career and more at risk. The same holds true for pharmacists who are filling those prescriptions. The limited amount of information available means that pharmacists may be making a decision that could harm their patients and put their career in jeopardy, or they could be simply providing a needed medication to a person with a valid reason for that drug. The line between the two may not always be clear.

Pharmacy License Defense

Pharmacists are required to obtain licenses to practice in Missouri and Kansas. When a complaint is made against a pharmacist, this can lead to disciplinary actions against that individual. In serious cases, the person could lose their ability to practice his or her profession.

For professionals who are accused of a violation, it is incredibly important to address the allegations. Licensing laws permit anyone to file a complaint. This means disgruntled clients or hostile coworkers are able to file complaints that may not always be valid. The state allows professionals the opportunity to defend themselves.

One of the first steps to take when accused of committing a professional violation is to hire a professional license defense attorney. Professionals should never try to handle these situations on their own and should not discuss the allegations with anyone but their attorney.

The Kansas Professional License Defense Attorney at Sanger Law are ready to help you navigate the professional licensing system. We are ready to serve as your advocate and to protect your livelihood. Contact us today at (785) 979-4353 to discuss your case.

Driving Under the Influence and Nursing License Complications

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When a person gets convicted of driving under the influence, the consequences include risks to their driver’s license, fines, and in some cases, jail time. The process can be stressful, frightening, and confusing. To make matters worse, there are some situations in which the conviction may impact a person’s professional life.

Nurses work hard to complete their education, training, and to acquire their licenses to practice in the state of Missouri. If you are a nurse, or trying to become a nurse, and have been convicted of driving under the influence, or driving while intoxicated, it is important that you contact an attorney to learn how to protect your license and livelihood best.

Drunk Driving Impacts on Nursing License

For registered nurses, a conviction for a drunk driving-related offense will create certain mandatory notification requirements. The offense will have to be reported when the nurse applies to have her license renewed. The Missouri State Board of Nursing has the option of disciplining nurses in certain circumstances. When an offense is one that impacted the individual’s functioning, qualifications, or duties as a nurse, or if the illegal act is a crime involving moral turpitude, repercussions will follow.

While Missouri courts determined driving while intoxicated is not a crime involving moral turpitude, it is possible that some sets of facts may differentiate a case. If a nurse has been convicted multiple times, or other aggravating factors surround the conviction, then there is a greater chance of the Board choosing to take action against the professional’s license. A nurse may find that his or her license is at risk of being revoked because of the conviction.

New Professionals Seeking Licenses

If you are convicted or driving under the influence before applying for your nursing license, you are required to provide the board with a list of any convictions, no contest please, or guilty pleas that are on your record. If you have previous drunk driving convictions, other crimes, either felonies or misdemeanors, they must all be submitted to the Board for their review.

The Board will make a determination on the application after reviewing all of the information provided. If the conviction is old and the candidate has undergone rehabilitation, the Board will factor that in, along with how severe the offenses were and the types of crimes. Having a prior conviction is not necessarily going to prevent a nursing student from becoming licensed, but he or she may need to convince the board of his or her rehabilitation.

In these cases, the applicant will not be able to receive a temporary license until the review is completed.

Beyond Licensing Complications

Even in situations where a nurse is able to keep his or her professional license, the consequences of a drunk driving conviction could impact that individual’s career. Potential employers may see the conviction on the candidate’s records and therefore choose not to hire the person. Employers may make judgment calls about a candidate’s professionalism, reliability, or maturity based on these factors. Getting a conviction removed from a record can take many years.

It is important to remember that these convictions can have far-reaching consequences even after the technical issues are handled.

If you are concerned that a DWU or DUI on your record may impact your Missouri nursing license, it is important for you to contact a Kansas Professional Licensure Defense Attorney. Contact Sanger Law today at (785)-979-4353 to discuss your case.

Why Do Educators Lose Their Licenses in Missouri?

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For many teachers, their profession is not only their livelihood but also a part of their identity. The loss of a teaching license is devastating for these professionals. While teachers are fairly-well protected in their position, some do lose their ability to teach or have their licenses suspended. Educators who believe that their licenses are at risk should immediately contact an attorney to discuss the best way to protect themselves.

Causes for Suspension in Missouri   

In Missouri, it can be difficult to gauge why teachers in the state lost their licenses. While there are strict and in-depth background checks for teaching candidates who are seeking their licenses, the information about teachers who lost theirs is limited. The state recently received a “D” in a report carried out by USA Today on state’s procedures for looking into teacher’s backgrounds. When looking at Missouri’s database for teachers who were under disciplinary action, the reason for the discipline is not included.

The details are so slim that even one suspected rapist and murder’s license status only indicates that it expired, not that he is suspected of heinous crimes. When digging deeper into the issue, including looking at court documents and records recovered through the state’s Sunshine Act, reporters were able to discover the main reasons that teachers in the state faced suspension.

In analyzing records collected since the 1980s, investigators found 687 educators who had lost their licenses in Missouri, or who voluntarily gave up their licenses. The majority of the individuals were teachers. The leading cause of license suspension was sexual misconduct with a child, which accounted for 211 of the lost licenses. Another 108 also involved sexual misconduct. Fifty-five of the cases were misconduct of a non-sexual manner that involved a child.

Other reasons for suspensions included theft, breach of contract, assault, battery, and alcohol abuse. In twelve cases, teachers lost their licenses for murder or manslaughter.

What can an Educator do to Fight a Suspension?

When an educator finds his or her professional license is in jeopardy, it is important to address the accusations proactively. It is vital to speak to an attorney as soon as possible to avoid making any mistakes that will only make matters worse.

In many cases, the accusations are false or may be the result of a misunderstanding. The accused may feel that it will be easy to clear things up by speaking on his or her own behalf. However, no matter how certain you are that you are innocent, you must make sure that you protect yourself. In addition to finding an experienced advocate, keep all relevant documentation. Having any evidence that helps your case is important, so put all of it in a safe place so that you are able to provide it to your attorney.

Do not discuss the issues with your colleagues, friends, or anyone other than your attorney. Never speak to the investigators without having your attorney present, and do not turn anything over to investigators without consulting your lawyer. While you might feel that you have nothing to hide, misinterpretation can occur, and you might do further damage to your case.

Contacting an attorney is not an admission that you have something to hide. Hiring a professional to handle your case indicates that you take the situation and your career seriously.

If you feel that your professional license is in jeopardy, contact the seasoned Missouri Professional Licensing Defense Attorney at Sanger Law today at (785)-979-4353.

Multi-State Licensing Complications and Disciplinary Actions

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The Missouri State Board of Nursing issues licenses nurses in the state and will handle any disciplinary actions against a professional who violates their license. When a nurse moves over state lines, he or she will need a new license in order to practice his or her profession. It is important to understand how holding multiple licenses will impact a person in the event that a disciplinary action occurs.

Licenses Do Not Go Away

Nurses may hold a variety of licenses over the course of their careers. At different stages, they may have worked as a registered nurse, then a nurse practitioner, or held another type of license. Nurses may also move across state lines and hold licenses in more than one state. When a nurse changes her license, or leaves the state and is licensed in a new state, the old license does not just fade into non-existence. Even once a nurse has stopped applying to renew a license, the state agency that granted the license will continue to hold jurisdiction over that professional. While allowing a license to lapse will mean that the nurse is no longer able to practice in that location or capacity, the body that issued that license may still discipline that individual at any point in time. This remains true even decades after the nurse dropped the license.

Reciprocal License and Disciplinary Actions

Nurses who have or had licenses in another state are subject to the laws and rules defined by that state’s board. Violating one of those laws can cause a nurse to face disciplinary actions, and those actions will follow the nurse from state to state. If a nurse were to have his or her license suspended in one state and then move to a neighboring state, the new state could also penalize the nurse for the events that happened in the other jurisdiction.

To make matters even more complicated, many states consider the failure to notify a licensing agency about a disciplinary action in another jurisdiction is considered “unprofessional conduct.” Nurses may, therefore, be required to contact multiple agencies, including ones the individual has not been involved with for many years, to report a disciplinary action. This could remain true even if the violation was not against all of the agencies’ rules. Clearly, when nurses are registered in multiple jurisdictions, disciplinary actions may become incredibly complicated.

Addressing Accusations and Defending Against False Claims

There are a number of ways in which nurses lose their licenses or face disciplinary actions. In some instances, the violations are professionally-related, such as when a nurse may fail to maintain charts properly or is accused of negligence in his or her treatment of patients. In other cases, criminal charges that occurred outside of the nurse’s job may impact his or her license. This could include DUI charges or drug-related charges. Unfortunately, addiction is another major issue with nurses, and this can lead to professional complications. Drug diversion, in which nurses mishandle controlled substances, is another offense that is commonly brought up in disciplinary cases.

Each state will address these charges or accusations based on the laws in that jurisdiction. By failing to address the charges, or failing to defend against them, a nurse may complicate his or her future licensing in other jurisdictions. While it may sometimes seem less burdensome for a nurse to make a deal or agreement rather than fighting false allegations, the results of these actions may be extremely complicated.

If you are licensed in multiple states, or have prior licenses, and have faced disciplinary actions in any of those locations, you should speak to a licensing attorney. Contact the seasoned Kansas Professional Licensing Defense Attorney Sanger Law today at (785)-979-4353 to discuss your case.

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

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

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

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

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

An Employer Cannot be Prevented from Reporting Misconduct

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

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

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

Fight the Charges, Not the Accuser

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

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

 

Practicing Licensed Social Work Requires Dedication and Focus on Ethics

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

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

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

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

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

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

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

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

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

Social Worker Licensing Defense Attorney

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

Self-Representation in Professional Disciplinary Proceedings is Dangerous

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

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

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

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

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

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

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

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

Talk with a Professional Licensing Attorney about Your Options

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

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

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

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

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

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

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

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

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

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

Discuss All of Your Options with A Trusted Professional Licensing Advocate

Kansas and Missouri Professional Licensing Attorney Danielle Sanger has a well-earned reputation as a trusted advocate for professional licensees. You could rely on her experience and expertise to guide you through a difficult and challenging juncture in your career. Call Attorney Sanger today at 785-979-4353 to find out more.

When Allegations and the Court of Public Opinion Collide

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

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

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

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

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

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

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

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

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

Aggressive Defense for Professional Licensees

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