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

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

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

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

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

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

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

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

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

LPNs and Disciplinary Actions

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

Know Your Rights As An LPN

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

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

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

Potential Penalties You Face For A Licensing Infraction

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

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

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

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

Do Not Delay In Contacting Experienced Counsel For Representation

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

For More Information

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

CNAs and Disciplinary Actions

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

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

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

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

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

What Rights Do You Have As A CNA?

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

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

Types Of Discipline You Could Face

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

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

Contact Attorney Danielle Sanger Immediately Upon Learning You Could Face Discipline

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

 

APRNs and Disciplinary Actions

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

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

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

The Rights of an APRN Facing Professional Discipline

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

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

Potential Penalties

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

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

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

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

Do Not Take On The Government Alone

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

RNs and Disciplinary Actions

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

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

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

Experienced Professional Licensing Attorney With Proven Results

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

Know Your Rights

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

What To Do If You Learn That You Are Under Investigation

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

Potential Discipline

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

Call Today To Protect Your Rights

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

Missouri Professional Licensing Attorney Discusses Disciplinary Decision Regarding Marijuana Use

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States across the nation have slowly started to legalize recreational use of marijuana and medicinal use of marijuana. Ingesting the substance is no longer the anti-social behavior it once was. The stigma is all been removed from marijuana users. However, use of any substance, whether legal or not, that impairs one’s ability to perform their duties to the degree required by law is committing a violation of the rules and regulations promulgated by the Board of Pharmacy as well as state law. Missouri professional licensing attorney Danielle Sanger aggressively represents clients facing professional discipline and draws upon her vast experience to defend her clients and protect their livelihood.

In January of 2017, the Missouri Board of Pharmacy (“the Board”) issued a disciplinary order against a pharmacist for her marijuana use. The pharmacist previously faced disciplinary action in Colorado where she was once a licensed pharmacist. In Missouri, she tested positive for marijuana use. During her disciplinary hearing, the pharmacist testified that she had used marijuana since 2008. However, the pharmacist testified that she experienced migraine headaches which caused nausea and dizziness. According to the licensee, she took the marijuana to ease her symptoms.

The question before the Board was whether the pharmacist should be disciplined because of her medicinal marijuana use. The pharmacist argued that although the Board could discipline her license, the Board should decline to exercise their right to do so. In support of her argument, the pharmacist cited the fact that she only used marijuana eight or ten times and only after a prescription migraine medication failed to relieve her migraine symptoms. The licensee argued that the Board should treat marijuana differently than other Schedule I drugs because of marijuana’s medicinal properties that have been recognized in the medical community. Furthermore, the pharmacist argued that the Board should not discipline her license because she was trying to obtain employment in a hospital. She was working in retail pharmacy but wanted to change careers.

The Board countered the pharmacist’s argument by claiming that the pharmacist had other therapeutic options available to her. For example, the Board pointed out that the licensee could have sought relief from prescription medications. The Board further elicited evidence from the pharmacist that the state of her headaches did not change when she used marijuana. Finally, the pharmacist agreed that her license is subject to discipline and agreed to oversight even though she did not believe it was necessary.

The Board chose to impose discipline on the pharmacist’s license. The Board placed the pharmacist on probation for two years instead of suspension or revocation. During the probationary period, the pharmacist was prohibited from acting as a pharmacist in charge, teach, or act as a consultant. The pharmacist was also ordered to provide documents within three (3) days of the Board’s request. Also, the Board’s disciplinary order obligates the pharmacist to attend interviews when deemed necessary by the Board and otherwise cooperate with the Board’s demands, if any.

The Board issued orders to ensure that the pharmacist remained drug-free. The Board ordered her to submit to drug testing by urinalysis, or analysis of her blood, hair, skin, or saliva. Furthermore, the Board added a term that the pharmacist must give the disciplinary order to her employers.

For More Information

Missouri Professional Licensing Attorney Danielle Sanger has earned her reputation as a zealous advocate for professional licensees in Missouri. Attorney Sanger has dedicated her career to representing professionals who are facing licensing discipline. Her vast experience and dedication to her clients separates her from other attorneys. Call Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation and learn how Attorney Sanger can make the difference for you.

Why You Should have a Lawyer if you are Facing Professional Discipline

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Kansas and Missouri professional licensing attorney Danielle Sanger is a dedicated and zealous advocate for professional licensees.  Attorney Sanger recommends, based on her vast experience representing hundreds of clients before various disciplinary Boards in both Kansas and Missouri, that you hire experienced, competent, and skilled representation if you learn that you might be the subject of a disciplinary investigation. There is too much on the line for you, your professional life, and your family to risk confronting disciplinary boards on your own. This advice is not intended as an insult to your intelligence. Quite the contrary, your status as a professional licensee demonstrates your level of intelligence and dedication to the study of your particular discipline. However, representing yourself in a legal matter is very difficult. Even lawyers hire lawyers to represent themselves when they encounter legal trouble. Therefore, it is in your best interest to seek representation to help you protect your livelihood.

What Can Happen If You Do Not Hire An Attorney?

Licensing boards have an interest in making sure that their licensees comply with the law as well as the regulations of the profession. Licensing boards exist for one reason: to protect the public. Licensing authorities in both Kansas and Missouri take their responsibilities seriously and will issue orders that are in the interest of public safety.

The outcome of your investigation will depend upon numerous factors. The primary factor relates to the nature of the infraction and the seriousness thereof. Disciplinary boards enjoy wide discretion when imposing professional discipline. The licensee’s history of ethical violations will have an impact on the severity of the sanction. Multiple offenses will not be taken lightly by any licensing authority. Consequently, the severity of the penalty can increase with every violation.

The more severe rules violations may cause the licensing authority to impose the most severe sanction available to it: revocation of the professional license. You could be the beneficiary the lesser sanctions depending on the nature of the allegations and your history of prior discipline. A licensing authority enjoys the discretion to suspend a license, place a licensee on probation for a period of time, subject to the satisfactory completion of conditions.  Alternatively, licensing boards may issue public censures, private reprimands, and may order the licensee to pay fines.

What Can Happen If You Have Legal Representation?

The same sanctions can be imposed. The potential consequences do not change merely because you sought representation. However, having counsel provides you with an advantage over those who choose to represent themselves. A lawyer can negotiate a less severe sanction for you that allow you to keep your license so you can continue to work and support yourself and your family.

Additionally, a competent professional licensing attorney understands the range of possible sanctions after researching previous disciplinary decisions the board has made.  Your lawyer can advise you on the board’s decisions and argue that previous precedent should apply or not. Sometimes the better argument is to distinguish your situation from all others.

Your professional licensing attorney can help you contest the accusations. You have a right to a fair and impartial hearing, the right to confront witnesses, and the right to produce witnesses to testify for you. Your attorney can prepare a case that could exonerate you, if not at the hearing level, then in court after an appeal for review.

Attorney Danielle Sanger: Aggressive Advocate For Professional Licensees

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger has earned the reputation for vigorously defending professional licensees. She understands the impact a mistake can make in your professional life. Attorney Sanger will defend you and fight for you and your family. Call Attorney Sanger today at 785-979-4353 to schedule a meeting with a professional licensing attorney.

 

Kansas Professional Licensing Attorney Addresses Disciplinary Actions In 2017 By The Kansas Board Of Pharmacy

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To this point in 2017, the Kansas Board of Pharmacy (“the Board”) has issued six disciplinary decisions against pharmacists. One decision related to the admission as a pharmacist in Kansas and the other five were issued against practicing pharmacists. These decisions must be carefully reviewed by pharmacists who are under investigation or currently facing disciplinary action so they can analogize or distinguish the facts of their situation with theirs. Understanding the Board’s disciplinary rationale assists Kansas professional licensing attorney Danielle Sanger when informing her clients about the range of potential discipline. Additionally, reviewing disciplinary decisions can assist Attorney Sanger with learning the tenor of the Board which, in turn, will guide her to give the proper advice to her clients.

In one disciplinary decision, the respondent licensee faced allegations of failing to fill a prescription correctly. The complaint issued by the Board alleged that they received a complaint from a healthcare provider that the pharmacist in question failed to verify the quantity of narcotics dispensed. The problem stemmed from a change in the patient’s prescription for Percocet. The quantity improperly dispensed was the amount for an old prescription and not the latest order. The licensee failed to verify the proper quantity after a technician filled the order.After finding a violation, the Board fined the pharmacist $500. The Board also ordered the licensee to complete three continuing education requirements and submit a corrective action plan.

In another decision, the Board denied admission to an applicant. The applicant applied for a reciprocal transfer as a pharmacist into Kansas. On her application, the pharmacist admitted she was previously convicted of a crime as well as admitting to having a substance abuse problem. However, the applicant claimed she gave no positive urine test for illegal substances within the previous five years. The Board sought clarification of these issues before ruling on the application. The applicant failed to respond and, accordingly, the Board denied the application.

The Board disciplined another pharmacist for continued drug use. This pharmacist had previously been the subject of a Consent Order originating from a complaint alleging substance abuse wherein it was alleged that the pharmacist diverted narcotics to self-medicate without a prescription. The pharmacist was subject to additional disciplinary action after an allegation came to light of the licensee’s use of an over-the-counter drug the is listed on a prohibited list. Therefore, the licensee violated the previous Consent Order. The Board ruled that the licensee must continue to seek treatment through the Kansas Pharmacy Recovery Network for an additional five years.

In the most lenient disciplinary action in 2017 to date, the Board fined a pharmacist $5.00 per day for every day the pharmacist failed to file a registration change from pharmacist-in-charge. The total penalty was $70.00.

The Board punished another pharmacist who failed to sign a report. The pharmacist was on-duty when another pharmacist filled a prescription and transposed the dosage. The error was duly reported, and a report prepared. However, the licensee refused to sign the report. The Board fined the licensee $500.00 for refusing to sign a report that the licensee had an obligation to sign.

Finally, the Board fined a pharmacist-in-charge of a pharmacy when the pharmacist permitted a pharmacy technician to continue to work after her registration expired. The pharmacist knew of the problem and disregarded it.

Pharmacists Can Turn To Attorney Danielle Sanger For Guidance

While some of the disciplinary actions in 2017 were nominal fines, the Board possesses the authority to revoke a pharmacist’s license. Therefore, matters pending before the Board should not be taken lightly. Kansas Professional Licensing Attorney Danielle Sanger will fight to protect your rights and your livelihood if you are facing professional discipline. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Missouri Professional Licensing Attorney Discusses Registration With The Bureau Of Narcotics And Dangerous Drugs

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Any business or other entity who deals in or with controlled substances in Missouri must register with the Bureau of Narcotics and Dangerous Drugs (“the Bureau”). It is important for medical practitioners, pharmacists, nurses, and other health care providers and their employers to understand the importance of maintaining good standing with the Bureau and the consequences of violating the rules and regulations promulgated by the Bureau. If you are a medical practitioner, pharmacist, or another registrant of the Bureau and you face professional discipline, professional licensing attorney Danielle Sanger could help. Attorney Sanger possesses vast experience successfully representing professional licensees who are facing professional discipline.

Who Must Register With the Bureau?

In Missouri, a person, business, or other entity who wishes to deal with controlled substances must register with the Bureau. The rule is broad. It encompasses any individual or company that purchases, stocks, prescribes, or administers controlled substances. Additionally, any person, business, or entity that desires to conduct research with controlled substances must file a certificate of registration with the Bureau.

What Is The Bureau’s Authority And Jurisdiction?

The Bureau’s authority extends to controlled substances exclusively. Other drugs do not fall within the purview of the Bureau. Specifically, the Bureau is concerned with the safety, security, and record keeping required by Missouri law. Additionally, the Bureau does not have any authority to investigate practice related matters such as under-prescribing and over-prescribing of controlled substances by medical providers. The Bureau, if it receives complaints related to practice issues, will refer the complaints to the appropriate licensing authority governing the issue.

What Is The Bureau’s Authority To Inspect Records and Substances?

Prescriptions, orders, and records which Missouri law obligates a practitioner or dispenser to maintain may be examined. Stocks of the controlled substances are also subject to inspection. The records, orders, and prescriptions, as well as the stocks, may be investigated by federal, state, county, and municipal law enforcement officers provided that the inspecting law enforcement officer has the duty to enforce the narcotics laws of Missouri or the United States. The record holder will enjoy civil immunity if the record holder turns over documents pursuant to a lawful request. It is important to note that the inspecting officers have a duty to adhere to the rules governing confidentiality to which practitioners are subject.

What Are The Most Common Violations Registrants Commit?

Errors and omissions in record keeping are reportedly the most common violations committed by registrants of the Bureau. Records violations include the failure to conduct annual inventories properly, failing to retain records for the appropriate length of time, and failing to document dispensing logs. Major violations include falsifying records or destroying records.

The Bureau is also concerned with safety violations. Controlled substance safety violations endanger the public. Safety violations include failing to provide security for controlled substances, stealing drugs, self-administering drugs, having custody over controlled substances while impaired, and issuing prescriptions in bad faith.

What Are The Range Of Penalties For Violations?

Penalties for which the Bureau has the authority to issue range from non-public actions to public actions. The penalty is largely dependant upon the severity of the infraction and the registrant’s history of previous transgressions. Non-public actions include a written letter of reprimand or a letter of censure. Public actions include denial of an application to register, a probationary term with conditions, suspension, or revocation of registration.

Violations Of The Bureau’s Regulations Could Have Collateral Consequences

Missouri professional licensing attorney Danielle Sanger has dedicated her career to representing professional licensees. She understands that professional discipline could have an adverse affect on your career as well as your home life. Contact Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas And Missouri Professional Licensing Attorney Explains A Recent Decision Issued By The Kansas Board Of Healing Arts

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Kansas and Missouri professional licensing attorney Danielle Sanger represents professional licensees facing discipline before their respective licensing authorities. She has appeared before the Kansas Board of Healing Arts (“the Board”) to defend clients facing potential suspension, revocation, or another form of supplemental discipline. As such, Attorney Sanger is a close observer of the decisions issued by the Board and believes that making her clients, other professionals licensed by the Board, and the public aware of the Board’s decisions helps them understand the disciplinary procedure. Furthermore, the decisions can be used as precedent for future disciplinary decisions.

In a March 2017 decision, the Board revoked the license of a Kansas physician’s assistant. The Board issued a default order against the physician’s assistant (“Respondent”) for failure to defend the case. A default order can enter if the Respondent fails to appear when summoned. In the case at issue, the Respondent refused to appear for a deposition after the prosecuting authority rescheduled the deposition at the Respondent’s request. Furthermore, the Respondent failed to appear at conferences as required by the Board during the pendency of the litigation. In an email exchange with the prosecutors, the Respondent acknowledged that he would not appear to be deposed and he understood that refusal to cooperate would likely result in revocation of his license.

Kansas’ Administrative Procedure Act permits a licensing authority to enter a default when, in the circumstances such as those described, a respondent fails to appear. Kansas’ Administrative Procedure Act permits the Board to make findings that by virtue of the Respondent’s default, the Respondent admits the factual allegations contained in the complaint and waives any defenses he might otherwise assert.

Notwithstanding the procedural posture of the present inquiry, the administrative law judge made findings of fact and rulings of law. There were three counts of alleged misconduct contained in the complaint. The first count alleged that the Respondent practiced as a Physician’s Assistant in violation of Kansas law. According to the findings by the administrative law judge, the Respondent treated four hundred, twenty-one patients without a supervising physician’s oversight. This conduct defrauded the public and endangered them as well. Accordingly, the judge found that this conduct by the Respondent was willful and intentional.

In count 2 of the complaint, the prosecuting authority alleged that the Respondent filed insurance claims for nineteen patients when he did not treat those patients. The administrative law judge ruled that this practice violated not only the physician’s assistants act, but also the pharmacy act, and the controlled substances act. Once again, the judge ruled that this conduct is fraudulent and endangers the public.

Count 3 alleged that the Respondent perpetrated a fraud by administering Botox that was not approved for use in the United States by the Food and Drug Administration (“FDA”). The Respondent received warnings not to administer this unapproved form of Botox to his patients. The Kansas Attorney General’s Office filed an ex parte request with a Court to enjoin the Respondent from treating his patients with the unapproved Botox. The Respondent willfully and intentionally ignored those warnings by continuing to treat patients with unapproved Botox. One hundred seventy-five patients received treatment by the Respondent with the unapproved drug.

In the end, the Board was left with no choice but to revoke the Respondent’s license to practice as a physician assistant in Kansas.

Contact Counsel Immediately If You Learn You Are Facing An Investigation

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