Missouri Professional Licensing Attorney Summarizes Notable Disciplinary Actions For Missouri Social Workers

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In Missouri, the Committee for Social Workers (the Committee) regulates the social worker profession. The Committee is a state agency that falls under the authority of the Missouri Division of Professional Registration. The Committee is responsible for issuing licenses to practice social work. Additionally, the Committee is charged with the duty of investigation ethical violations allegedly committed by social workers, similar to other professional licensing boards in the state. Licensed social workers practicing in Missouri should be aware of the Committee’s authority and should be aware of the recent disciplinary decisions issued as a result of the Committee’s investigations.

To this point in 2016, the Committee resolved approximately thirteen investigatory matters by way of agreement or a full hearing and disciplinary ruling by the Committee.  In one case, the social worker provided counseling services for two minor children. The social worker commenced a romantic relationship with the children’s mother while the social worker provided counseling services. The social worker stipulated that his conduct violated Missouri’s ethical standards by violating the public trust, exploiting clients for personal gain, and engaging in behavior that rendered him impartial to his clients’ best interests. The social worker agreed to a five-year probationary period, submit to a psychiatric evaluation, and find a social worker to supervise his practice. The disciplinary action did not end with the stipulation of sanction. The Committee ruled that the social worker violated the terms of his probationary period by failing to obtain the services of a supervisory social worker. Consequently, the Committee suspended the social worker’s licensed for a term of three years or until such time as he could obtain an appropriate supervisor. Thereafter, the social worker’s license is subject to a five-year probationary period once adequate supervision is in place.

In another 2016 decision, the Committee ruled on an application to become a licensed master social worker in Missouri by a master social worker already licensed in Kansas. The applicant answered truthfully whether she was arrested. The candidate revealed that a Kansas court convicted her of theft in 2015. The Committee, instead of denying the application, ruled that she be admitted to practice in Missouri subject to a two-year probationary period. The master social worker can only practice in Missouri during that probationary period if she has adequate supervision by another master social worker admitted in Missouri.

The Committee and a licensee reached an agreement as to disciplinary action in an investigation in which the licensee failed to attend continuing education classes. Also, the licensee failed to retain records evidencing her attendance at the continuing education. The Committee took exception to the fact that the social worker misrepresented satisfying her educational requirements. The social worker and licensee agreed that she would be placed on probation for one year and provide evidence that she attended the educational courses.

Two additional agreed-upon resolutions yielded vastly different results. In one case, the Committee agreed to dismiss its complaint against the licensee, resulting in no disciplinary action against the licensee. In another instance, the licensee practiced social work without a valid license for four years. The parties agreed that the social worker should surrender her license and agree not to practice social work or apply for a license in Missouri, instead of facing additional discipline.  In another decision in 2016, the Committee did revoke the license of a social worker who defaulted at the disciplinary hearing.

Get Immediate Help If You Are A Social Worker Facing Disciplinary Action

If you are a social worker facing professional discipline in Kansas or Missouri, you need an experienced and dedicated professional licensing attorney to fight for you. Call Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger has vast experience fighting for professional licensees. Do not trust your future to anyone else.

 

Kansas Professional Licensing Attorney Reviews Recent Court Opinion Issued In Jernigan v. State of Kansas

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On September 9, 2016, the Court of Appeals for Kansas issued its ruling in the case of Jernigan v. State of Kansas. The decision is important to healthcare practitioners in Kansas because this case afforded the Court of Appeals an opportunity to review the 2015 amendments to K.S.A. 65-2839a(b)(1) and (3). These sections govern licensees’ rights to an administrative and judicial review of the Kansas Board of Healing Arts’ (the “Board”) subpoena power. The Jernigan court discussed whether the amendment was constitutional and whether the amendment had retroactive effect. The Court of Appeals then turned to the merits of the case. The panel also discussed the authority of the Board and its power to issue subpoenas for records.

David Jernigan, D.C. is the primary owner and healthcare provider at a chiropractic care center in Kansas. Dr. Jernigan fashioned his practice to include traditional methods of chiropractic care complimented with holistic methods as well. The Board received complaints from an individual claiming that Dr. Jernigan fraudulently provided therapeutic services from which his patients derived no clinical benefit.  Accordingly, the Board issued a subpoena to Dr. Jernigan compelling the production of five (5) patients’ records in furtherance of an investigation in Dr. Jernigan’s practice. Dr. Jernigan filed a motion to quash in the district court without first filing an objection with the Board or otherwise exhausting his administrative remedies.

The Court of Appeals reviewed the amendment to K.S.A 65-2839a(b)(3). The amended statute requires a person aggrieved by a subpoena to petition the district court for relief only after exhausting all administrative remedies. The amendment took effect while the case was pending in the courts. The Court of Appeals, noting that the amendment was procedural in nature and therefore would apply retroactively under Kansas law, stated that the new law required Dr. Jernigan to appeal to the Board first. Jernigan did not do that. However, because the person to whom the Board issued the subpoena has only five (5) days to file an objection or motion to quash with the Board, applying that time to Dr. Jernigan would deprive him of a valuable right.

The Court of Appeals took the opportunity to analyze whether the amendment survived constitutional scrutiny. The panel found that it did. The Court of Appeals held that the amendment provides an opportunity to seek redress for a wrongfully issued subpoena. The Court did, however, note that the five (5) day window of opportunity to file an appeal was very narrow, leaving open the possibility that a court may revisit the issue at another time.

The Court of Appeals undertook a determination of the case upon its merits. The Court of Appeals ultimately ruled that the case must be remanded to the district court for further findings. Before doing so, the Court of Appeals reviewed the Board’s authority.  The panel reiterated that the practice of medicine in Kansas (and elsewhere) is a privilege and not a right and the Board exists to protect the public from incompetent, unscrupulous, or unethical healthcare providers.  Accordingly, the Board enjoys the authority to take disciplinary action upon a medical license after an investigation if warranted by the inquiry. Consequently, the Board possesses the power to issue subpoenas it believes will advance their statutorily imposed obligation to investigate the unethical practice of medicine.  The Court of Appeals cautioned that the Board’s authority is not unfettered.  Subpoenas may lawfully issue when Board is making an inquiry it is authorized to make when the demand for production is not indefinite, and the information sought is relevant to the investigation at hand. The Court of Appeals sent the case back to the district court to make factual findings consistent with its opinion.

Do Not Delay Seeking Legal Assistance When Served With A Subpoena In Kansas

As discussed above, time is of the essence. If you were served with a subpoena to produce records, call Kansas and Missouri Professional Licensing Attorney Danielle Sanger. Rely on her vast experience and sterling reputation to protect your livelihood. Call 785-979-4353 to schedule a consultation with Attorney Sanger today.

Kansas and Missouri Professional Licensing Attorney Discusses How Medical Professionals Can Protect Themselves Against Allegations Of Misconduct

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Allegations of misconduct in the medical profession are never easy to refute. Even if you rebut the allegations thoroughly, the stigma of the claims remain, at least for a little while. Unless one completely disproves the allegations of misconduct, then there will always be a question. As a medical professional, you do not want your employers doubting you, your patients doubting you, or your co-workers questioning you. Take affirmative steps to reduce or even eliminate the chance that someone will accuse you of wrongdoing.

A medical professional has an obligation to act competently at all times. In other words, a nurse, for instance, is competent when the nurse’s conduct meets the standard of care for nurses. Failing to satisfy that level of care is malpractice. Protect yourself against claims of negligence. Obtain physicians’ signatures for every order they make, if feasible. That reduces the chance of miscommunication leading to administering incorrect dosages or subjecting patients to unintended procedures.  Also, be sure to explain the informed consent forms to your patients thoroughly. Failure to explain the informed consent form correctly, accurately and promptly, is malpractice. Getting the patient’s signature, if the patient is competent, ensures that the patient understands the procedure in question and knows the risks of the procedure.

Thorough and complete documentation will also protect against allegations of malpractice. Nurses and other medical personnel must closely and accurately document all of the medical procedures taken, vital signs, medications administered, and other modalities applied. Otherwise, questions could arise as to the treatments given to the patient. Nurses’ notes exist so that you create a history of your patient’s treatment. Also, your notes help you recall what action you took, at what time, and under what circumstances. Good nurses’ notes not only help you remember what you did but why.

Nurses are mandatory reporters of abuse and neglect. Failure or refusal to report physical abuse, mental abuse, or sexual assault of a patient is not only an ethical violation, but it might also be a crime. Do not take unnecessary chances. If you believe your patient is suffering the abuse of any kind, you have an obligation to report it. There are dire consequences if you fail to report the abuse. While you may not desire to cast aspersions on others with whom you work or family members of your patient, you do not have the luxury of turning a blind eye. Make your report promptly and comprehensively.

Medical professional universally have the duty to maintain a patient’s medical information private. There are few exceptions. HIPAA prohibits the unauthorized disclosure of confidential information. Any questions you have related to HIPAA must be referred to your medical director or some other medical professional charged with enforcing HIPAA rules and regulations at your healthcare facility. Nurses usually have direct control over patient charts and records. Therefore, the nurses attending to patients must guard against disclosure of private and confidential information. Unlawful or unauthorized disclosure can lead to civil liability as well as professional discipline.

Nurses and other medical practitioners should use caution when administering medication.  The nurse should question doses if the order does not appear correct. You, as the nurse, are responsible for overdoses.  You must also make sure that you are giving the right medication to the intended patient with the proper timing as well.  Many mistakes and consequently patient injuries could be avoided if nurses took greater care when administering medications.

Be Diligent With Your Obligations

Kansas and Missouri professional licensing attorney Danielle Sanger understands the perils nurses and other medical professionals face every day. If you are the subject of an investigation into wrongdoing which could lead to professional discipline, call Kansas Professional Licensing Defense Attorney Sanger immediately. She has many years of experience vigorously defending the rights and livelihoods of her clients. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas Professional Licensing Attorney Advises Nurses How To Avoid Ethical Problems That Could Lead To Licensing Discipline

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Nurses play a critical role in delivering necessary medical care to all patients. We, as consumers of healthcare services, come to expect that our nurse will treat us with empathy, respect, and care. We also expect that our nurses maintain the highest degree of ethical behavior. We do not give it a second thought. However, nurses are human and can make mistakes. Nurses need to take a step back every once and a while and take inventory of who they are and how their nursing practice affects their patients, other healthcare providers, and themselves. Doing so may help you avoid licensing discipline in Kansas and Missouri.

The Kansas Nurses Association recommends that nurses should have a good foundation of nursing ethics to enjoy a long and fruitful career.  The Kansas Nurses Association enumerated five (5) points of emphasis nurses should employ to avoid ethics violations when behavior or possible decisions skirt the boundaries of ethical conduct.  Medical professionals in Kansas and Missouri can benefit from using these tips for maintaining ethical conduct.

One of the suggestions espoused by the Kansas Nurses Association is related to self-knowledge and awareness. They counsel the nurse to know who they are from a personal and professional sense. Reflecting upon their beliefs, standards, and ethics will guide the nurse when making professional ethical decisions.  Self-awareness builds confidence and empowers a nurse to speak out against unethical or questionable medical practices and have the courage to stand up for what the nurse believes.

The second suggestion made by the Nurses Association is related to the first. They recommend not only knowing your ethical beliefs but encourage nurses to live them.  The Kansas Nurses Association suggests that living your beliefs and speaking out for what is right complies with the nurse’s obligation to take care of themselves before they care for others.  Taking care of oneself allows the nurse to meet head-on the daily ethical quandaries they face. But if you do not put yourself in a position to have the skill and courage to know the difference between ethical and unethical behavior then you may not be able to correct unethical medical practices.

The Kansas Nurses Association suggests nurses “go with their gut.” In other words, your instinct will tell you when something is wrong. Intuition is strong; listen to it. Your instinct is usually right.   Acting according to your intuition is different than acting on a hunch. A hunch is a guess. Your instinct is an internal guide that can lead you to make the appropriate decision. However, you should not only rely on your gut. If you have any uncertainty as to the proper course of action, then ask someone. Talk the problem out with a respected colleague or mentor. You may easily arrive at the correct decision by simply talking the problem out.  Rely on your co-workers and superiors to make the best decision.

Keeping in mind the core practice of nursing and the primary tenant of nursing will aid you in the decision-making process. At bottom, nurses’ primary responsibility is to respect life and treat others with dignity. Nurses must respect their patients, co-workers, physicians, and other healthcare professionals. This mandate extends to the nurse and the nurse’s family as well. The Kansas Nurses Association posits that nurses must not disrespect anyone and call out others who may be disrespectful to correct the problem immediately. In the end, ethical nursing starts with respect for life.

Seek Immediate Assistance For Ethical Questions

Kansas and Missouri professional licensing attorney Danielle Sanger counsels nurses who are facing ethical questions to seek competent advice for your ethical issues. Failure to do so could lead to professional discipline. If you find yourself under investigation for unethical behavior or need advice on ethical questions, make an appointment to meet with Attorney Sanger by calling 785-979-4353 today.

Kansas and Missouri Professional Licensing Attorney Discusses Ethics Involving Life-Sustaining Treatment

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Occasionally, physicians are called upon to make a difficult decision whether to administer life-sustaining treatment to a patient.  Physicians have an obligation to preserve life, to respect life, and to do everything in their power to protect the fragility of the human condition. Equally compelling is the patient’s right to make decisions regarding their healthcare. The patient has an absolute right to autonomy in the decisions that affect their health, even if it results in death. The doctor has the duty, however, to render an accurate medical opinion so that the patient can make an informed decision. If the patient’s choice is made because of a misdiagnosis or prognosis, then the doctor makes could face claims of malpractice. Similarly, if the patient’s family and physicians disagree about life-sustaining treatment, the dispute can lead to allegations of misconduct. The doctor may face charges of incompetence before a state board of medical arts as a result of the opinion. Kansas and Missouri professional licensing attorney Danielle Sanger understands the difficulty of the situation and will fight to protect you and your livelihood from adverse licensing consequences.

In the situation wherein the physician and patient disagree about treatment, the physician must defer to the patient or the patient’s healthcare decision maker such as a health care proxy or guardian.  The physician must comply with a court order if one exists. Accordingly, if the patient wishes to receive artificial ventilation, a feeding tube, or forced hydration, then the doctor may do so with the patient’s or the patient’s proxy consent.

The patient’s decision is valid to the extent that the physician’s opinion is correct or accurate. Physicians must give proper medical advice to their patients. The doctor must base an opinion of the current standard of care in the medical community. Additionally, the physician must properly advise the patient of his or her treatment options. Failing that, the doctor has rendered incompetent medical advice and may face discipline before the board of healing arts.

Additional concerns arise when the patient is unable to make a decision regarding the patient’s health care. The family of the patient may wish to see the patient slip away without the obtrusive life-sustaining equipment. The physician, however, sits in a different posture. The physician cannot accede to the family’s wishes. The physician has an obligation to keep the patient alive by all means necessary unless and until a court intervenes and orders a contrary course of action. In that case, the physician may ethically act because the court is making a decision as though the patient was making a choice. Furthermore, the physician can face contempt of court charges for refusing to obey the court’s order and face licensing discipline because being found in contempt may indicate a lack of fitness to practice medicine.

The American Medical Association (AMA) counsels doctors to respect the dignity of the patient’s life, the patient’s right to privacy and their right to autonomy.  The AMA recommends that physicians counsel their patients to execute legally enforceable documents such as advanced directives, health care proxies, and living wills to guide the physician and the patient’s family. Knowing the patient’s preference before the decision must be made will ease the burden on a grieving family who may be too distraught to make an informed decision and the physician who can act in accordance with his or her patient’s wishes.  Treating patients in this manner can avoid needless legal battles after the loved one has passed away.

Physicians Should Seek Legal Advice If They Are Under Investigation For Misconduct

If you receive notice that you are facing discipline before the Kansas Board of Healing Arts or the Missouri Board of Healing Arts resulting from a decision relating to life-sustaining treatment, or any other allegation of unethical conduct, call Kansas and Missouri Professional Licensing Attorney Danielle Sanger immediately. Attorney Sanger has vast experience defending physicians against licensing discipline. Call Attorney Sanger today at 785-979-4353 to discuss your options.

Missouri Professional Licensing Attorney Discusses Ethical Complaints Against Nurses

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Missouri’s legislature enacted the Nurse Practice Act (“the Act”) designed to govern the practice of nursing in Missouri. The Act entrusts licensing and discipline of nurses to the Missouri State Board of Nursing (“the Board”).  The Missouri Legislature gave the Board rule-making authority, which authorizes the Board to pass regulations for the profession. Consequently, the Board issued regulations establishing the ethical responsibilities and minimum practice requirements for nurses. Additionally, the regulations establish the complaint procedure for alleged ethical violations. The regulations also establish the minimum educational, character, and ethical obligations for both registered nurses and licensed practical nurses. Missouri professional licensing attorney Danielle Sangerng understands that nurses are vital components of our health care system and a responsible for delivering a high standard of care to their patients.

The regulations issued by the Board prescribe the proper procedure for filing a complaint against a nurse for an ethical violation.  The regulations permit only complaints against nurses to be filed if there is evidence to investigate misconduct. Individuals who learn of or witness unethical behavior committed by a nurse are encouraged to notify the nurse and the administration of the medical facility as soon as possible to allow the facility to rectify the situation and immediately correct the nurse’s behavior.  Reporting unethical behavior to the facility also serves as an alternate dispute resolution process which has the potential to informally discipline the nurse while serving to correct the offending behaviors.

The Board received complaints filed against a nurse. The regulations establish a clear and concise procedure to investigate the allegations.  The Board has a gatekeeping obligation to screen out complaints which fail to allege a violation of the Act and also provide sufficient information to commence an investigation.  Anyone may file a complaint with the Board alleging misconduct.  The complaint must be in writing and may be on a form prescribed by the Board. The complaint and any information gathered as a result of the investigation is not a public record. The Board must notify the complainant in writing of receipt of the complaint, and the Board must also notify the complainant if the Board dismisses the complaint or, if not dismissed, the disposition of the complaint.  If the Board finds sufficient information to warrant a disciplinary action, then the Board will file a formal complaint with the Missouri Administrative Hearings Commission.

The regulations impose a duty upon certain health care organizations to report unethical behavior to the Board.  Hospitals, surgical centers, and nurse staffing agencies are mandatory reporters to the Board. Those agencies must report any disciplinary action taken by these agencies against a nurse. The agencies must also report any voluntary resignation by the nurse in the face of discipline or any reports of misconduct pending before the health care facility.  In this context, disciplinary action is any final action taken by the board of the listed agencies to discipline, reprimand, or restrict the practice of the nurse in a meaningful way.  However, disciplinary actions will be considered by the Board only if the actions complained of are also violations of the ethical rules and would warrant disciplinary action by the Board. The complaint in filed by a mandatory reporting agency must be filed within 15 days of the date of the disciplinary action.  Also, the complaint must be in writing and include specific facts which set forth the allegations.   Notwithstanding, if the nurse submits to an employee assistance program in an effort to treat a drug or alcohol addiction, then the agency should not report the nurse. However, the agency must report the nurse if the nurse violates the employee assistance program.

Nurses Need Help Too

Missouri Professional Licensing Attorney Danielle Sanger prides herself on zealously representing nurses, and other professional licensees, who face professional discipline.  Call Attorney Sanger today at 785-979-4353 to schedule your free consultation.

Kansas And Missouri Professional Licensing Attorney Discusses Ethical Teletherapy Practice

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Use of emerging technologies is increasing in many aspects of healthcare. Teletherapy has grown significantly in health care professions such as psychology and other disciplines such as speech therapy.  Teletherapy as a recognized tool for treating patients has become a widely accepted practice. Teletherapy helps deliver treatment to people who have difficulty ambulating, or have to commute long distances like people who reside in rural areas, with greater ease and frequency. Accordingly, ethical obligations such as protecting patient-therapist confidentiality and informed consent are of paramount concern to practitioners utilizing the latest technological advances.  Kansas and Missouri professional licensing attorney Danielle Sanger cautions healthcare professionals who use teletherapy as a component of their practice to maintain the highest levels of data security as well as obtaining the informed consent of the patient to preserve patient-therapist confidentiality and trust.

The American Psychological Association (“APA”) mandates that therapists strictly maintain patient-therapist confidentiality.  Therapists must take every reasonable precaution to guard against disclosure of confidential patient communications. Therapists are obligated not to disclose patient confidences and are further obligated to protect patient data, such as notes, reports, and the like, from disclosure as well. Additionally, the APA imposes an obligation on therapists to discuss the limits of confidentiality. In the context of teletherapy, the therapist must discuss the risks of loss of privacy and limits of confidentiality when using teletherapy as a means to deliver patient services.

Therapists must understand the technology before treating a patient remotely with teletherapy.  HIPPA rules also require therapists to protect confidential client information. The APA mandates that psychologists become knowledgeable about and competent in the technologies used in teletherapy. Treatment providers have to make certain that their patients know about the potential for data or security breach and the potential, if a breach occurs, for loss of confidentiality. Practitioners should consider using all of the security advances available to them such as encryption, use of firewalls, backup systems, password protection of computers and computer files, updated virus protection, as well as reputable third-party vendors who provide data security. Guarding against disclosure also means protecting the records when they are destroyed.  Practitioners must be aware of the proper means to destroy electronic data to prevent unwanted disclosure.

The threat of a data breach is real. Stories are legion about reputable firms, businesses, and government agencies getting hacked. In other words, internet security is illusory, and 100% internet safety cannot be guaranteed. The APA requires therapists to take reasonable steps to ensure confidentiality.  Reasonableness requires the licensee to become competent in the use of the technology and the means employed to secure it.  By way of example, a reasonable means to protect data is to update security software to the latest version and take other precautions that are currently in practice. Also, therapists must inform their patients about any potential data breaches.

Therapists in both Kansas and Missouri use teletherapy are a component of their practice. In theory, therapists can practice out of state because of internet technology. Practitioners must approach this prospect cautiously. Failure to adhere to each state’s out-of-state licensing requirements can result in the practitioner committing a misdemeanor.  Therefore, practitioners must be very careful when delivering services to clients who receive the services in another state.  The better practice for the psychologist and other therapists is to be licensed in the state in which they practice regularly and the state in which the patient receives their services.

For More Information

Kansas and Missouri Professional Licensing Attorney Danielle Sanger has vast experience representing psychologists and other therapeutic professionals facing licensing discipline. Attorney Sanger prides herself on zealously representing professional licensees against disciplinary action. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation.

Kansas And Missouri Professional Licensing Attorney Warns Healthcare Practitioners of Potential Disciplinary Pitfalls

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Many healthcare professionals have formed the opinion that childhood vaccinations are detrimental to children. The debate has raged for some time now. For one California pediatrician who not only ascribes to the belief that children should not be vaccinated but is a vocal advocate for eliminating the practice, the specter of disciplinary action is quite real. The L.A. Times recently reported that Dr. Robert Sears could face disciplinary action from the Medical Board of California for his decision to discontinue vaccinating a school-aged boy.  The Board filed the complaint against Dr. Sears on September 2, 2016.   The case has the potential to set a precedent for other medical licensing authorities across the United States.  Kansas and Missouri professional licensing attorney Danielle Sanger zealously advocates for healthcare providers who face disciplinary action.

According to the L.A. Times article, “Dr. Sears is one of the leading voice in the anti-vaccination world.”  Many parents who do not want their children to be immunized go to Dr. Sears for advice. Dr. Sears faces disciplinary action for writing a medical note on behalf of a two-year-old boy who was entering daycare. The note specifically stated that the boy should not have any additional vaccinations while he is of school age.  Dr. Sears now faces discipline for that decision.

Consequently, the Medical Board of California filed an accusation seeking professional discipline against Dr. Sears. In its accusation, the Medical Board of California alleges that Dr. Sears committed gross negligence, repeated negligent acts, unprofessional conduct, and insufficient record keeping when writing the note for the boy without previously examining the child. The Board alleges that the doctor wrote the note for the child after only receiving an oral history about prior vaccinations and anecdotal information from the child’s mother concerning the child’s reaction to his previous vaccinations.  Additionally, the child’s mother sought treatment for her child regarding head trauma and a cold. Dr. Sears merely indicated in his records that the child had a mark on his head and treated the child’s cold with garlic without further testing.

According to the Medical Board of California, Dr. Sears actions require discipline.  The Medical Board of California seeks suspension or revocation of Dr. Sears’ license or, in the alternative, requests that Dr. Sears’ license be subject to probation. The Medical Board of California also requested that Dr. Sears no longer have authority to supervise subordinate healthcare providers. The Board alleges that Dr. Sears’ failure to fully examine the child before writing the note excusing the boy from further vaccination requirements was grossly negligent. The Board alleges that the standard of care in the profession obligates a physician to examine the child fully for possible adverse reactions to vaccinations. Additionally, the standard of care in the professional demands that a physician obtains a full medical history of the nature of the previous vaccinations as well as a detailed description of the physical reaction the child suffered.  More significantly, the failure to obtain a full medical history prevented Dr. Sears from having all of the critical information necessary to make an informed opinion regarding the decision to order no further vaccinations. The Board argued that the doctor’s failure to adhere to the standard of care in the profession potentially endangered the child and his mother from exposure to preventable communicable diseases.

While many applaud the California Medical Board’s decision to pursue disciplinary action against Dr. Sears, others fear that the pursuit could result in a “witch hunt” for other anti-vaccination doctors in the U.S.  Many criticize the decision as interfering with a physician’s ability to treat their patients properly.

Experienced Advocate For Healthcare Professionals

Missouri Professional Licensing Attorney Danielle Sanger vigorously defends healthcare professionals, as well as other professional licensees, against professional discipline.  Call Attorney Sanger today at 785-979-4353 for a free consultation and learn how Attorney Sanger’s experience will make the difference for you.

Missouri and Kansas Professional Licensing Attorney Discusses Substance Abuse Counselor Ethics In Missouri

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With opiate addiction rates rising across the country, licensed addiction counselors are in high demand.  In Missouri, addiction counselors must obtain their credentials to practice from Missouri’s Credentialing Board (“the Board”).  The Board promulgated a set of ethical rules and responsibilities by which an addiction counselor must abide to remain credentialed.  The Board possesses the authority to investigate and sanction a credentialed counselor. Consequently, addiction counselors must familiarize themselves with the ethical rules and understand that they bear the responsibility for doing so.  Missouri professional licensing attorney Danielle Sanger maintains her law practice by vigorously defending professional licensees facing professional discipline.

The rules by which addiction counselors must conduct themselves are substantially similar to the ethical rules governing other healthcare professions.  Addiction counselors owe a duty to their clients to inform them of the course of counseling as well as the consequences of refusing the course of treatment. Clients, of course, are free to refuse any course of treatment. However, aftercare is vital to the success of initial counseling. Therefore, addiction counselors are ethically obligated to warn of the consequences of refusing aftercare.  Furthermore, addiction counselors must inform their clients of the counselor’s obligation to maintain confidentiality and the boundaries of that duty.

Addiction counselors are responsible for maintaining appropriate professional relationships with their clients. Counselors must take pains to ensure that no harm befalls their clients.  Maintaining a strictly professional relationship with clients, while treating them with dignity and respect, permits counselors to adhere to the lofty standards required of addiction counselors.  Treating clients professionally also means referring clients to other professionals when the situation requires consistent with the needs of the client.  The counselor must avoid dual relationships as well.  The addiction counselor must refer the client to another professional if the possibility of a dual relationship arises. A dual relationship is one in which the counselor is asked to provide counseling to the client, but the client is a family member, friend, financial or other close relationship.  Similarly, the ethical rules prohibit addiction counselors from entering into an intimate relationship with a client within two years after the counselor-client relationship ends.

Addiction counselors must take every precaution against disclosing confidential client information.  A counselor not only must guard against disclosure but also be aware of foreseeable situations which could lead to the disclosure of private client information.  The counselor is vicariously responsible for their subordinates’ actions when protecting clients’ private information.  In conjunction with guarding clients’ privacy right, an addiction counselor must preserve the confidentiality of any records generated by counseling.  A counselor should only release records to competent clients with the caveat that the records should not contain any information detrimental or embarrassing to the client.

Addiction counselors have an affirmative duty to learn about the diversity of their clientele. The addiction counselor has an affirmative duty to learn about their clients’ cultural background as well as learning how the counselor’s cultural background may impact the manner in which the counselor delivers their services.

Addiction counselors have a duty to do no harm to their clients. Doing no harm means refusing to counsel clients when the counselor because of personal incapacity poses a risk of doing harm to clients or others. Addiction counselors need to be role models for their clients and their community. Consequently, addiction counselors have the responsibility to obey all criminal laws and follow all ethical rules.

Who To Call For Help

Kansas Professional Licensing Attorney Danielle Sanger zealously represents all professional -licensees including addiction counselors facing discipline. Count on the experience of Attorney Sanger to vigorously defend your livelihood. Call Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation today.

Kansas Professional Licensing Attorney Explains The Role Of A Presiding Officer At An Administrative Hearing In Kansas

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Kansas’ Office of Administrative Hearings (OAH) is the quasi-judicial body designated by the Kansas Legislature to preside over disputes involving state agencies’ professional licensing decisions. Efficient dispute resolution is the purpose of OAH, and a necessary step parties must take before seeking relief from the courts. The OAH functions similarly to a court. The presiding officer is called an “administrative law judge” and has a similar role as a judge in a “constitutional” court. Familiarity with the presiding officer, also known as an “ALJ,” officiating over your professional licensing appeal in Kansas may help you win your appeal. Kansas professional licensing attorney Danielle Sanger has many years of experience appearing before presiding officers at OAH.

OAH presiding officer’s main duty is to provide litigants with a fair and impartial hearing. A person’s rights to Due Process guaranteed by the United States Constitution must be protected. The presiding officer is trained to guard against procedural failures which could strip of a person of their guaranteed protections. Accordingly, the presiding officer has numerous responsibilities designed to protect the parties’ interests at stake. The primary responsibility of an ALJ is to remain a neutral and detached magistrate, or referee. Consequently, no party should contact the presiding officer personally. Neither a party nor their attorney if counsel represents them may telephone the presiding officer unless the other party or their counsel are present. If a party must contact the presiding officer, it must be in writing and mailed, with copies to the opposing party.  Using email is discouraged. Furthermore, OAH rules prohibit a presiding officer from dispensing legal advice. Presiding officers must presume that a person representing themselves at a hearing knows the substantive and procedural laws about an OAH hearing. Closely adhering to these rules prevents presiding officers from developing a personal bias for another party and avoids the appearance of impropriety.

The presiding officer does not possess the power to punish or hold a person in contempt as a means to preserve the integrity of the proceedings. Notwithstanding, the presiding officer has the authority to sanction a party for failure to obey the rules of administrative hearings. The presiding officer may enter an order of default and enter an adverse ruling against a party for failure to obey the administrative hearing rules. For instance, the presiding officer has the power to enter a default against a person arriving more than ten minutes late for a hearing.  Similarly, failure to respond, or responding late to a pleading or motion gives authority to the presiding officer to enter a default against the offending party. The presiding officer enjoys the authority to default a party whose conduct during the hearing violates decorum necessary to conduct a hearing. Parties must treat each other, witnesses, OAH staff, and the presiding officer with respect and dignity. Failure to do so has serious consequences. In addition to entering an order of default against the offending party, the presiding officer can suppress evidence, strike testimony, or enter other orders to compel respectful behavior.

The ALJ conducts the hearing as a trial in a court, with one notable exception: there is no right to a jury in an administrative hearing. Therefore the presiding officer will listen to the facts of the case, apply the law to the facts of the case, and render a prompt decision.  The ALJ requires the agency who’s decision the aggrieved party appealed to present its witnesses and evidence first. The aggrieved party presents its witnesses and evidence second.  The hearings are designed to last for two hours, with each party enjoying equal time to present its case. The ALJ may permit the hearing to run longer if necessary.

Having A Home Field Advantage Can Make the Difference For You

Kansas Professional Licensing Attorney Danielle Sanger has extensive experience appearing before many presiding officers of Kansas’ Office of Administrative Hearings. Attorney Sanger has the insider’s perspective of how administrative hearings work. You need that specialized knowledge and experience if you face professional licensing discipline.  Call Kansas and Missouri professional licensing attorney Danielle Sanger today at 785-979-4353 for a free consultation.