Privileged Communications in Missouri

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

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

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

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

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

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

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

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

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

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

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

Privileged Communications in Kansas

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

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

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

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

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

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

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

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

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

Understanding Privileges Helps Avoid Professional Discipline

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

 

The Suicide of Nurse Underscores Pressures of Nursing Profession

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

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

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

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

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

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

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

Help for Nurses Facing Professional Discipline

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

Unmanaged Stress Can Lead to Mistakes and Professional Discipline

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

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

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

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

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

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

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

When Life and Work Becomes Too Much

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

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

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

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

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

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

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

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

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

Complicated Rules Require Expert-Level Representation

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

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

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

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

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

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

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

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

Turn to Expert Help When You are Facing Professional Discipline

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

Experience is Key

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

A Winning Defense Starts with a Thorough Investigation

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

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

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

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

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

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

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

Experience Matters Mot

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

Disciplinary Hearings Before the Kansas Board of Technical Professions

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

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

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

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

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

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

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

Protecting Your Rights

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