Three Tips for Successfully Navigating Professional Licensing Proceedings in Kansas

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If your health care-related professional license is in jeopardy, professional licensing attorneys with experience and expertise in handling litigation against regulatory or licensing entities can provide the most effective way to safeguard your future.  The byzantine matrix of professional disciplinary proceedings requires intimate knowledge of the agency/board’s composition, steps and procedures in the administrative process, policies and rules adopted by the disciplinary board, and a familiarity with agency staff.  Kansas Professional Licensing Lawyer Danielle Sanger negotiates and litigates disciplinary proceedings before the full range of health care licensing boards and agencies, including but not limited to the following:

  • Kansas Board of Healing Arts: Physicians, chiropractors, physician’s assistants
  • Kansas Behavioral Sciences Regulatory Board: Mental health professionals
  • Kansas Nursing Board: Nurses

Given her experience representing medical professionals, Ms. Sanger has provided three tips about successfully navigating Kansas disciplinary proceedings involving health care professionals:

Seek Legal Representation Early: Many health care professionals like nurses and physicians wait until they are facing a formal disciplinary hearing to retain legal counsel.  Although the presence of a professional licensing litigation attorney at formal hearings is vital to protect your legal rights, cross-examine adverse witnesses, and present exculpatory evidence, defense of your professional license should begin much earlier.  The best strategy for protecting your license is to retain counsel during the pre-charge investigation phase of your case.  If Ms. Sanger is retained as soon as you are notified of an investigation into your conduct or practice, she may have the opportunity to intervene to protect your right to a thorough and fair investigation.  Early intervention can mean that allegations are dismissed as unsubstantiated without the commencement of formal disciplinary proceedings.  This approach also provides the advantage of permitting you to be an active and cooperative participant in the investigation without the risk of making an ill-advised disclosure.  This approach generally also results in a more cost-effective resolution than litigation of marginal charges.

Do Not Assume the Regulatory Board Cares about Your Rights: The entity or prosecutor that pursues a case against you at the hearing stage is not interested in your rights or the truth of the allegations.  If the case is set to be litigated at a formal hearing, the regulatory body will submit witness testimony, legal arguments, and documents designed to prove the charges.  If you are not represented by counsel, you will not have anyone to advocate on your behalf to ensure that the arguments and evidence considered is appropriate or to expose weaknesses in the case against you.  Admittedly, an unbiased hearing officer or panel will evaluate the evidence, but the decision will be based solely on the evidence presented.  The regulatory body or licensing entity has no incentive to worry about your rights or to ensure the hearing officer/panel sees your perspective.  Ms. Sanger challenges the regulatory board’s evidence and presents a strong case on behalf of her clients.

Take Advantage of the Attorney-Client Privilege: A common mistake made by professionals involves failing to exercise candor with their attorney.  Although certain facts might be embarrassing or damaging, the attorney-client privilege protects you from having past mistakes or misconduct disclosed by your attorney without your consent subject to narrow exceptions.  If you are honest with your attorney, you put your attorney in a better position to mitigate the impact of damaging facts.

If you are a healthcare professional who has been informed that you are the subject of a disciplinary investigation or charges, Kansas Professional Licensing Defense Attorney Danielle Sanger represents physicians, psychiatrists, doctors, nurses and others in the medical field in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

 

 

Unforeseen Consequences of Professional Discipline: Denial of Disability Benefits

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If you are in danger of losing your professional license to practice law, medicine, nursing, accounting or another occupation, it is reasonable to assume that you are concerned about the financial impact on your future.  If you are a young professional, you might have tens of thousands or even hundreds of thousands of dollars in education-related loans hanging over your head.  Established professionals will find it virtually impossible to maintain their standard of living without their occupational license.

In this context, many professionals wonder if their loss of a professional license constitutes a basis for pursuing a disability claim to bridge the income gap.  In many cases, inability to engage in your profession will not justify long-term disability benefits with a private insurance carrier.  This blog post compares several scenarios in terms of the impact of disciplinary proceedings that result in revocation of a professional license on the ability to pursue a long-term disability claim.  Generally speaking, long-term disability coverage from a private insurer does not cover legal disability stemming from revocation of a professional license.  However, this blog addresses broad trends, so the law in a specific jurisdiction can differ significantly.  This discussion also does not address unique nuances that can impact your situation, so this blog should not be considered nor is it intended as legal advice.

When Loss of a Professional License Causes a Physical or Mental Disability

If an individual devotes a significant portion of his or her life to becoming a physician, lawyer, nurse, or other professional, the sudden inability to engage in that occupation can result in severe emotional and psychological symptoms.  However, courts generally do not find that long-term disability benefits are appropriate when a professional suffers depression or other diagnosable mental illnesses or disorders as a consequence of the stress and anxiety of losing a professional license.

Medical Disabilities Unconnected to Professional Discipline

When an individual suffers both a medical disability and a legal disability resulting from loss of a professional license, the order of events often has a significant impact on whether a court will require a private insurer to pay long-term disability benefits.  If the medical condition, injury, or illness that causes disability precedes suspension of the right to the engage in a profession, courts have typically upheld the right of a claimant to disability benefits.  Courts that have taken this position generally have not been influenced by whether the alleged misconduct occurred prior to suffering the disabling medical or psychiatric condition.  There is an exception to this general timing rule.  This general approach only applies if the disabling condition is not related to the cause of the legal disability.

Practicing Successfully with Disabling Condition Prior to Revocation of Occupational License

Many people who suffer from serious mental health issues or addictions manage to function successfully and develop an accomplished career despite their disability for a reasonably lengthy period.  Generally, courts have split in this situation.  Some courts consider the ability of the professional to engage in his or her profession as evidence that the mental disorder did not cause the loss of the license to engage in the occupation.  Under this reasoning, courts rule that the mental health condition is not disabling since the individual engaged in the profession effectively for years.  Other courts have taken a contrary view and found that the mental illness or addiction was disabling because it eventually derailed the career of the professional.

The relationship between revocation of a professional license and the right to claim disability benefits is just one example of the sometimes unforeseen consequences of professional discipline.  We understand the potentially devastating impact of losing your right to engage in your chosen occupation and work diligently to help our clients minimize the impact of disciplinary proceedings.  If you are facing potential discipline, Kansas Professional Responsibility Defense Attorney Danielle Sanger represents professionals facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Three Reasons Attorneys Should Never Be Self-Represented in Disciplinary Proceedings

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Any lawyer who has been practicing law for a reasonable number of years has advised clients not to face legal issues, including administrative hearings, without an experienced attorney.  Ironically, many knowledgeable and experienced lawyers make this very mistake when facing allegations of misconduct filed by a client or other state bar disciplinary proceedings.  If you have undertaken the sweat and tears of law school, the bar exam, and building a law practice, the value of your license to practice law in Kansas or Missouri is invaluable.

The decision to hire an attorney that focuses a substantial portion of her practice on professional disciplinary matters can mean the difference between keeping your career on track and disbarment. Professional licensing attorney Danielle R. Sanger represents clients throughout Kansas and Missouri in proceedings involving alleged ethical improprieties and other misconduct against professionals like attorneys, accountants, dentist, physicians, nurses, pharmacists, chiropractor, optometrist and many others.  The information below provides reasons that a lawyer facing charges brought by the office of the Missouri Chief Disciplinary Counsel should retain experienced legal counsel.

Low Evidentiary Burden:  Although the consequences of the Supreme Court of Missouri’s disciplinary system clearly have a punitive impact, the Office of Chief Disciplinary Counsel that pursues such cases is subject to a less than taxing burden of proof.  The prosecutor only needs to establish violations under the preponderance of the evidence standard.  This low evidentiary burden makes it essential to be represented by someone with experience dealing with the prosecutors and state bar disciplinary actions.

Ability to Avoid Formal Charges: Many attorneys who are the subject of a client complaint are able to avoid formal discipline or public discipline because of the effective negotiation efforts of their administrative law attorney.  Ms. Sanger evaluates the facts, charges, complaint, and evidence to assess the probability of avoiding formal discipline or obtaining diversion.  Diversion options might include admonitions, fee dispute resolutions, and/or substance abuse intervention.

Impact on Professional Reputation: Even if you do not receive a suspension during which you cannot practice law or a disbarment, any form of public discipline will impact your professional reputation.  Public discipline is readily available to potential clients, opposing counsel, employers, and judges, so aggressive representation might allow you to avoid significant negative impact to your career.  A public reprimand or suspension (with or without probation) is easily discovered, so a decision to take a chance without legal representation might turn out to be an extremely costly gamble.

Navigating the Disciplinary Hearing Process: If sufficient evidence exists that a serious violation has occurred, an information will be filed, which will set forth the charges brought by the Chief Disciplinary Counsel (or a Regional Disciplinary Committee).  The complainant (usually a disgruntled client) has thirty days to request an Advisory Committee review.  While no attorney wants to receive correspondence regarding allegations of a violation of professional responsibility rules, any correspondence must be opened promptly because default can be taken thirty days after notice is provided of the information.

The Disciplinary Hearing Panel is made up of two attorneys and a non-attorney.  The matter is handled through an evidentiary hearing where both the prosecutor and attorney facing charges can present documentary evidence and introduce witness testimony.  Typically, the complainant will be asked to testify under oath.  The panel will determine if a violation has occurred and take one of the following steps:

  • Dismiss the case based on lack of evidence to support the charges
  • Issue a written admonition which becomes part of an attorney’s public record
  • Reprimand
  • Suspension (with or without probation)
  • Disbarment

The administrative decision can be appealed by either party to the Supreme Court of Missouri.  This appeal will typically involve the submission of written briefs and oral argument.  Although attorneys subject to charges can agree on a disposition of the matter with the Office of the Disciplinary Counsel, this should never be viewed as a final disposition.  The Supreme Court of Missouri reviews any recommendation of the Disciplinary Hearing Panel before the orders become final.

The bottom line is that retaining an experienced attorney to represent you when you are facing allegations of ethical violations can prevent your career from being derailed.  If you are facing a complaint, Kansas Professional Responsibility Defense Attorney Danielle Sanger represents attorneys in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Ten Reasons for Nursing License Suspensions [Part I]

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The nursing profession generally is comprised of good people who are compassionate, caring and dedicated to their occupation.  However, state nursing boards suspend/revoke the license of dozens of nurses every month.  Because of the commitment involved in obtaining a nursing license, nurses who are facing disciplinary proceedings should be aware of the types of conduct and situations that can threaten their ability to engage in their chosen occupation.  Although there are virtually a limitless number of reasons that a nursing board might initiate disciplinary proceedings, this list include both common reasons and some that might not occur to most people.

Diverting Medications Away from Patients

The access that nurses have to narcotic medications can present significant temptations.  If you have an aging parent who is suffering intense pain or a spouse who is incapacitated with intense back pain, you might be tempted to slip a family member pain medications.  This urge is understandable when insurance snafus deprive a family member from getting a prescription filled in time to prevent intense suffering.  However, this temptation must be avoided because providing medication on the side can jeopardize your nursing license and expose you to criminal charges.

Altering or Distorting Patient Medical Records

Falsifying a patient’s record can cause you to be exposed to disciplinary charges and potentially place your patient at-risk.  When a nurse slips a little extra morphine to a patient but does not reflect this action in the medical records, distorting medical records can result in revocation of a nurse’s license.  Disciplinary proceedings might also be initiated if you fail to complete the patient’s record after working an exhausting twelve hour shift.

Violating Probation

If you have previously been the subject of disciplinary charges brought by the Kansas State Nursing Board, you might have been fortunate enough to have received probation.  Although no one is anxious to be the target of discipline by an occupational licensing board, probation essentially amounts to a warning to abstain from or engage in certain specified activities.  Probation permits a nurse to keep his or her nursing license and to avoid suspension or revocation of a nursing license if the terms and conditions of probation are satisfied.  When a nurse violates the terms of probation, such as the requirement to abstain from the use of drugs or alcohol, this can result in revocation of your nursing license.  If you are unsure about whether a certain activity would violate your probation, you should seek legal advice from an experienced Kansas Administrative Law Attorney.

Failure to Participate in Substance Abuse Program

The nursing industry has a high rate of worker’s compensation claims and on-the-job injuries because of the physical and mental rigors of the occupation.  Chronic back pain is common because of the frequent lifting involved in moving and re-positioning patients.  Stories of nurses sneaking a little pain medication to continue working, which leads to sneaking even more medication, are familiar to anyone who works as a nurse.  While a drug addiction constitutes a sufficient basis to suspend a nursing license, many nurse licensing boards will require an addicted nurse to attend a recovery program.  If the nurse fails to successfully complete the recovery program or returns to abusing drugs or alcohol, the nursing board will revoke the nurse’s license.

Hosting a Porn Site on the Internet

Although this may seem to be an extremely strange reason for suspending a nursing license, nurses have gotten their licenses revoked for hosting pornographic websites.  Despite the unconventional nature of this type of violation, the increased technology and exposure of the Internet permits making money on the side with explicit images on the side.  This money making practice can cost a nurse his or her nursing license.

Many good nurses make innocent mistakes or face unjustified disciplinary proceeding.  If you are facing a complaint, Kansas Professional Licensing Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

 

 

Ten Common Reasons for Nursing License Suspension [Part II]

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This is the second installment in our two-part blog post discussing reasons that nurses have had their licenses suspended by state nursing boards.  Although it is always unnerving to face disciplinary charges, the fact that an investigation has been initiated does not mean that you have done anything wrong.  If you have concerns because you are the target of a disciplinary investigation or you are formally involved in disciplinary proceedings, we invite you to speak with Danielle Sanger to learn about your rights and potential strategies to protect your nursing license.

Using a False Copy of a Nursing License

If you have had your license suspended, it may be tempting to present a hospital or other potential employer with a falsified license.  Some people assume that once the suspension has lapsed the fact the license was fake when initially presented will not matter.  To the contrary, the decision to use a false copy of your license could result in permanent revocation of your nursing license.

Impersonating another Health Care Practitioner

While this cause of a nursing license suspension might sound like it is confined to Hollywood movies, there are people who engage in identity theft successfully for years while working as a nurse.  The individual might have a criminal record that serves as a bar to obtaining a nursing license, or he or she might have participated in activity that resulted in revocation of his or her license.  Identity theft in this context is plausible if an individual can obtain the correct paperwork.

Engaging in Unprofessional Conduct

This charge is commonly brought against nurses because it is broad and can apply to a wide range of conduct.  Nurses have faced this type of charge for such diverse types of conduct as engaging in an affair with a supervisor or using explicit and inappropriate language when dealing with patients or colleagues.  Because of the importance of maintaining a high level of professionalism in the nursing profession, these types of charges are taken seriously.  While many individuals charged with this type of violation the first time receive only a reprimand or probation, failure to adapt one’s behavior can result in loss of your job and license.

Criminal Convictions

Depending on the offense, you will have notice requirements and can be disciplined for a criminal conviction or failing to provide notice of a conviction.  While minor traffic offenses might not need to be reported, you should seek legal advice prior to pleading guilty in any criminal proceeding to determine the potential impact on your occupational license.

 Abuse and Neglect in Providing Care to Patients

Allegations of neglect or abuse toward a patient constitute one of the most serious type of charges that can threaten your nursing license.  Although patient neglect may be the result of a simple mistake, an excessive number of patients, or working too many hours, this type of offense can easily jeopardize your ability to engage in the nursing profession.  Whether allegations of abuse or neglect arise because of intentional abuse or simple forgetfulness, the impact can affect the patient and his or her family.

Although any nurse can face a complaint, you have rights that experienced Kansas attorney Danielle Sanger can help protect.  Ms. Sanger can ensure that your legal rights are protected and investigate the evidence against you.  She analyzes any documents, physical evidence and/or witnesses, so she can work diligently to minimize the impact on your career.  If you are facing disciplinary proceedings, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Multistate Nursing Compact Comes Under Scrutiny Regarding Patient Safety Concerns

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While the 24 state nursing compact that issues special multi-state licenses has been lauded as a valuable tool to ease the chronic nursing shortage, the compact has recently come under criticism for allowing wayward nurses to continue working in other compact states.  Some public health safety advocates contend that the compact has permitted nurses who have serious records of misconduct to continue practicing in their home state or other compact states.

A recent article published by ProPublica found that the compact had enabled some nurses to retain a clean multistate license despite the nurse being banned in one of the compact states.  While any nurse can make a mistake and deserve a chance to obtain reinstatement of his or her nursing license, the examples cited by ProPublica were egregious.  The article references multiple instances of stealing patient pain medication, forgetting to administer critical tests, ignoring patient needs and failing to notice significant changes in a patient’s condition.

Critics of the multistate compact note that the individual states remain responsible for nurse licensing and discipline issues with no central licensing process or agency.  This diffusion of responsibility results in an exponential increase in the risk to patient safety according to advocates of this position.  While nurses must be licensed in the state where they provide patient care, compact states permit nurses to work despite not having conducted any review or background check for the nurse.

However, the chairman for the compact’s national board rejects these claims.  According to the spokesman, the compact has fostered more efficient and thorough communication between member states.  She also contends that the number of nurses who are subject to discipline for misconduct outside their home state is extremely small.  There is no way to quantify this claim, however, because no tracking system exists to monitor nurses who are sanctioned in their home state for violations in other compact states.

Some of the egregious examples cited involving nurses continuing to practice despite being banned or suspended in another compact state include:

Example 1: A nurse anesthetist surrendered his license in North Carolina in 2006 because of a substance abuse problem.  The substance abuse issues did not affect his multistate license in Texas prior to the time he passed out during surgery while bleeding from a vein in his arm.  After the incident, the Texas Board of Nursing ruled that he had abused the narcotic Fentanyl and suspended him in September 2008.

Example 2: Texas suspended a nurse in Texas after she administered undiluted vitamin K to a patient shortly before the patient’s death.  The following year the nurse was placed on probation in California, but her multistate license in Iowa remains unaffected.

Example 3: A nurse in North Carolina was fired from working at a hospital when a mom complained that the nurse fell asleep while attempting to insert an IV in her child.  The hospital discovered the nurse had signed out the painkiller Demerol on dozens of occasions without a physician’s order.  When the hospital asked the nurse to submit to a drug test, he refused and was fired.  While North Carolina banned the nurse from working in the state in April 2008, the nurse’s home state of Wisconsin did not revoke his multistate license until January 2009, which allowed the nurse to continue to work in compact states until that time.

Concerns about potential threats to patient safety from the multistate nursing compact focus on disparities between the states in terms of laws, standards and staffing levels at state agencies.  The differences make interstate communication and cooperation complicated.  While most states within the compact have authority to immediately suspend a nurse’s license, some states do not permit this even when the allegations are egregious.  Similarly, compact states do not all require a criminal background check as a requirement of issuing a nursing license.

While these concerns about licensing issues focus on fairly extreme cases, many good nurses make innocent mistakes or face unjustified disciplinary proceeding.  If you are facing disciplinary proceedings, Kansas Administrative Law Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Good Lawyers in a Bad Situation: 3 Things to Do in Response to a State Bar Complaint

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Although many attorneys in Kansas, Missouri and throughout the U.S. are disciplined by their state bar association or other professional disciplinary agency, most cases of discipline are not the result of intentional misconduct.  Although complaints against attorneys that make a splash with the newspapers and other media sources involve criminal offenses like theft, there are much easier ways to steal money than surviving the rigors of law school and the state bar exam.  According to one former state bar prosecutor, 80-85 percent of disciplinary actions taken against attorneys are linked to the attorney’s marginal business skills, lack of proper documentation of work performed, and failure to respond to a pending complaint.

The apprehension experienced by correspondence from the state bar regarding a potential complaint can cause paralyzing fear and stress.  However, the former state bar prosecutor referenced above indicates that the majority of complaints never make it past the intake stage.  The paralysis spurred by embarrassment, stress and fear that results in ignoring a state bar complaint probably is one of the most significant obstacles for most attorneys facing potential discipline.  This blog post suggests 3 tips Kansas and Missouri attorneys should take if they are contacted by the state bar about a complaint.

Tip 1 Relax: State bar associations recognize that many client complaints are not legitimate.  A letter from the state bar merely indicates that a complaint has been filed, but this does not mean that you are facing actual discipline.  The key is to relax and understand that you will need to respond with your side of the story.  However, you might want to contact an experienced Kansas Administrative Lawyer like Danielle Sanger with experience handling disciplinary proceedings against professionals.  She can advise you regarding your rights and help you in crafting your initial response to the state bar association.

Tip 2 Respond to the Complaint: At some point, you will need to respond to the complaint, so the worst thing you can do is ignore the state bar correspondence.  While you might want a license defense attorney to assist you in crafting your written response to the complaint, you should not default by not responding.  Failure to respond to a state bar complaint will result in a default by the attorney.  It is estimated that in California, for example, approximately forty percent of all cases that end in discipline involve default by the attorney.  Given the cost and work required to obtain a law license, there is no good reason to permit discipline to be imposed without asserting legitimate defenses.  Failing to respond will also result in harsher disciplinary sanctions.

Tip 3 Retain an Attorney: All attorneys are familiar with the saying, “A person representing himself has a fool for a client,” but this saying applies equally to attorneys.  When you are facing discipline stemming from a state bar complaint, you need an attorney who is objective and emotionally removed from the situation.  If you select an attorney who handles disciplinary proceeding on a regular basis, the attorney will be familiar with the best defenses and potential resolutions that mitigate the impact on your career.

Kansas Professional Licensing Defense Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your law license.  If you are facing a state bar complaint, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

KS Nurses – Five Reasons Why Nurses Lose Their Licenses

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There are wonderful nurses out there who have either had their nursing licenses suspended or revoked for a variety of reasons.  Some reasons may or may not be intentional.  For example, a nurse may believe he or she has the authority to initial or sign a physician’s name if that particular physician either asked the nurse to do so, or consented to this.  Regardless of a physician’s instructions, that nurse cannot lawfully write a physician’s name as if it is the physician him or herself signing the document.  This is just one reason why some nurses lose their licenses.  Additional reasons why Kansas nurses may lose their licenses include, but are not limited to, those described below.

Reason # 1 – Taking Samples of Prescription Medication

A Kansas nurse may believe it is harmless to take a drug sample without a doctor’s prescription.  In fact, some physicians may even be aware of this.  Even if a nurse is aware that he or she is unable to obtain prescriptions unlawfully, he or she may not believe it is unlawful if it is a sample and/or if a physician is giving it the okay.

Reason # 2 – Failing to Adhere to an Alcohol or Drug Treatment Program

If you have sought, and/or are currently seeking treatment as part of an alcohol or drug program, you likely have to fulfill certain requirements in order to keep your Kansas nursing license.  If you do not comply with the program, your Kansas nursing license could be at risk, and it may be difficult to get your license back in the future.

Reason # 3 – Altering Medical Records

Patient medical records are highly confidential and protected by HIPAA laws.  Altering medical records can significantly harm any medical professional’s license.  There are times when medical professionals may alter a medical record, but do so with the intention of correcting something grammatical or miniscule.  Even though this conduct seems relatively innocent, it still may be considered an alteration, which could put your Kansas nursing license at risk.

Reason # 4 – Criminal Conduct

If you are convicted of a crime, your license will undoubtedly be brought into question.  Depending on what the crime is, you may receive minimal punishment, such as a private or public reprimand, or your license may be suspended or revoked.

Reason # 5 – Medical Malpractice

Just like physicians, nurses may face allegations of medical malpractice.  If a patient alleges that he or she has been harmed due to something you did or did not do, your license may be at risk if a patient is ultimately successful.  Although lawsuits do not necessarily reach a fair result, mere accusations of negligence can shed you in a negative light, and the licensing board may review the situation to determine if you should be able to keep your Kansas nursing license.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

As a Kansas nurse, you have worked hard to earn the license that you have today.  Losing your Kansas nursing license can be a devastating experience, making you feel as though your world has come crashing down.  If you are facing the potential loss of your Kansas nursing license, it is imperative that you consult with a skilled legal professional as soon as you learn that your license may be at risk.  With the help of an attorney, you will have a better understanding of what you are facing and what the potential consequences are.  Kansas Professional License Defense Attorney Danielle Sanger of the Sanger Law Office has the experience and dedication necessary to provide you with the legal representation that you need and deserve.  As a former Assistant Attorney General of Kansas, Ms. Sanger provides a unique perspective to her clients that is not shared by many other attorneys.  If you would like to speak with Ms. Sanger about your situation, contact the Sanger Law Office today by calling (785) 979-4353 to schedule your free consultation.

How Online Veterinary Advice Could Put Your License at Risk

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The internet provides a wealth of information for people seeking veterinary advice before going to a veterinarian in person.  Online forums and Q&As can be extremely helpful for answering those questions that many pet owners have.  However, online advice has opened the door to potential misconduct according to Kansas state law.  In Kansas, a veterinary-patient relationship requires that a veterinarian has personally seen and examined an animal.  Such a personal examination allows the veterinarian to make informed medical judgments specific to a particular animal.  This makes it risky for veterinarians to provide any kind of advice online, no matter how simple the advice may be.

What’s at Risk?

Online veterinary advice has been extremely helpful for many pet owners.  But, if a particular pet owner is not happy with a veterinarian’s online advice, or if the pet owner relied on that veterinarian’s advice completely, the veterinarian is at risk for being accused of negligence.  For example, if a pet’s condition worsens or the pet passes away after a pet owner adheres to the veterinarian’s online advice, that pet owner may blame the veterinarian for harm caused to the pet.  This is not something many veterinarians consider when posting information online.  Some veterinarians do have disclaimers that attempt to absolve them of any liability, but it is still a slippery slope that should be avoided.

If a pet owner complains to the Kansas Board of Veterinary Examiners, the situation will be evaluated and you could be facing some form of disciplinary action, including the potential loss of your license.  While Kansas veterinarians should be aware that they need to see a pet in person before making a medical diagnosis and providing advice, it is understandable that some veterinarians believe basic online advice is acceptable.  Technology has simply moved too fast, and it is difficult to keep up with the changing laws, rules and regulations governing your profession.

Why You Should Speak with an Attorney Right Away

No matter what your profession is in Kansas, facing the loss of a license or certificate could mean one’s career is over.  This is a substantial road block that may lead a Kansas professional to start over.  While there are situations where the loss of one’s license is unavoidable, there are numerous instances where a Kansas professional should be able to keep his or her license or certificate.  Even if your Kansas veterinary is not at risk, speaking with an attorney to simply get questions answered could prevent you from losing your license in the future.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas veterinary professional and you are facing the loss of your Kansas veterinary license, you undoubtedly have many questions and concerns about what your future holds.  You may have feelings of uncertainty and a significant amount of stress looming over your head.  Facing the loss of your Kansas veterinary license alone can be tricky as you may not be aware of what rights you have.  As such, when facing potential disciplinary action that could result in the loss of your license, you should consider speaking with a Kansas Professional License Defense Attorney as soon as possible.  As a former Assistant Attorney General of Kansas, Danielle Sanger of the Sanger Law Office provides excellent and well-rounded legal representation to Kansas professionals.  You need a true advocate standing by your side to demonstrate why you should be able to keep your Kansas veterinary license.  If you would like to speak with Danielle Sanger, contact the Sanger Law Office today by calling (785) 979-4353 to schedule your free consultation.

KS EMTs – How That Nagging Cold Could Affect Your Certification

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EMTs get sick just like any other person.  There may be a time when an EMT needs to take medication in order to get through a cold or flu.  It isn’t always possible to take off work if you are an EMT.  Obviously, if an EMT is extremely ill and unable to work, that EMT would be staying home.  However, if an EMT has a cold or mild flu and is still able to function both mentally and physically, he or she may have to fight the cold with the help of medication, whether it be prescription or over-the-counter.  What many Kansas EMTs don’t know is that taking medication to treat a cold or flu could be considered a form of drug use that impairs your ability to work.

While there are a multitude of medications that do in fact cause mental and/or physical impairment, there are many medications that do not result in such side effects.  For example, taking Tylenol or Advil to treat a headache does not typically have impairing effects.  Likewise, daytime cold medication such as DayQuil is not known to cause impairing side effects in most people.  However, even though particular medications are not known to have impairing effects, your EMT certification board may believe such medication limits your ability to perform your job effectively.

What Are My Options?

We all get colds once and awhile, and many of us are able to work through such colds.  EMTs are in a unique situation where they are expected to be 100% at all times.  Fighting a cold or flu without medication can be extremely difficult, but many EMTs now feel it is not worth the risk of taking even Tylenol for a headache.  While most certification boards are likely to understand that a small amount of a known medication is not going to result in impairment, the mere risk is enough to scare EMTs away from treating the common cold or flu.

The best thing you can do to determine what you are allowed and not allowed to take as an EMT, you should consult with your certification board, whether statewide or national.  It is not worth the risk of losing your license simply because you wanted to treat a cold that any of us could experience on any given day.  Colds and flus can certainly bring your energy down, but for those that can still function at full capacity, although while not feeling well, working with the cold is not an impossible task.  In addition to seeking the advice of your EMT certification board, consulting with a legal professional can offer you the guidance you need.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas EMT and your certificate is at risk for one reason or another, you should seek the advice of an attorney as soon as possible.  Many EMTs face allegations that are defensible, and are able to keep their certificates.  However, facing the loss of your EMT certificate alone leaves you at risk for reaching a result that will be harmful to your certificate, whether it is suspended, revoked, or otherwise.  As a former Assistant Attorney General of Kansas, Danielle Sanger of the Sanger Law Office is a Kansas Professional License Defense Attorney who devotes her legal career to helping Kansas professionals keep their licenses and certificates. Allegations are simply allegations, but it is understandable that such allegations create an unnecessary amount of stress.  With the help of Ms. Sanger, you will be able to demonstrate why you should not lose your EMT certification.  If you would like to discuss your situation with Ms. Sanger, contact the Sanger Law Office today by calling (785) 979-4353 to schedule your free consultation.