Frequently Asked Questions about Nursing Board Hearings in Kansas and Missouri

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The nursing profession is committed to assisting in the care and to easing the suffering of patients stricken with physical and emotional illnesses and injuries.  The road to service in this noble health care role involves a commitment to education, practical training, and experience that often entails significant individual and family sacrifices.  Given the obstacles and challenges that must be overcome on the road to obtaining a nursing license in Kansas or Missouri, nurses facing allegations that jeopardize their professional license and livelihood should never have to confront such charges alone.

Lawrence Kansas Nursing License Attorney Danielle Sanger draws upon her extensive experience in the Kansas Attorney General’s Office as an Assistant Attorney General. She handled many professional licensing and disciplinary issues on behalf of the Kansas State Board of Nursing.  Our Kansas and Missouri Professional License Defense Law Firm has provided answers to frequently asked questions (FAQs) from nurses facing investigations and proceedings related to professional discipline and licensing:

How do unfounded charges become leveled against nurses?

The Kansas State Board of Nursing and the Missouri Board of Nursing is focused on its primary objective of protecting the public.  Unfortunately, overzealousness in pursuing this function can result in the rights of individual nurses being trampled.  Consequently, you need an attorney with experience handling nursing board cases defending your license and rights in front of the nursing board.  Because Ms. Sanger has extensive experience prosecuting these case, she has the experience and expertise to diagnose and defend against unjustified charges and to prevent disproportionate penalties.

What penalties can be imposed for nursing board violations?

A nursing board has fairly wide discretion when imposing penalties, but punishments most typically imposed include:

  • Public reprimands
  • Monitoring
  • License revocation
  • Monitoring
  • Restrictions on nursing activities
  • Probation of a license suspension
  • Administrative fines

What are the most common grounds for discipline imposed by the nursing board?

Broadly, the Nursing Board investigates two types of cases: (1) behavioral cases; and (2) practice-related cases.  While there are a wide range of facts and circumstances that might result in disciplinary charges, some of the more common examples include:

  • Drug and alcohol dependency
  • Falsification or lying
  • Standard of care violations
  • Engaging in a criminal offense
  • Theft
  • Other Acts intended to or likely to defraud the public
  • Mental health or psychiatric disorders

How do investigations by the Kansas State Board of Nursing (KSBN) get initiated?

The majority of disciplinary complaints against nurses are initiated by employers pursuant to the Risk Management Act.  Hospitals and other employers are required to report nursing conduct that deviates from the appropriate standard of care.  The reported conduct must have a reasonable probability of resulting in harm to a patient.  Employers also are obligated to report any conduct that might constitute a basis for discipline.  However, there are many other sources that can spur complaints including news media reports, law enforcement, court proceedings, family members of patients, individual health care providers, other agencies, and neighbors.  However, these reports can be used as a means of pursuing a personal vendetta since the agency does not identify the sources of reports.

Who conducts the investigations?

Complaints investigated by the KSBN are actually investigated by licensed nurses.  Each case is assigned to one of several investigators.

How long does the disciplinary process take?

The general rule is that the process will be wrapped up within approximately 6-9 months, but the process can drag on longer depending on the specific facts and circumstances.  Factors that can slow the resolution process include uncooperative witnesses, slow responses to requests or subpoenas for records and documents, challenges in locating witnesses, and similar issues.

Kansas Professional Licensing Lawyer Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your nursing license.  If you are facing allegations of misconduct or substandard care by the nursing board, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas.  We invite you to call us today for a free consultation at 785-979-4353.

Understanding Your Rights and the Administrative Process in Kansas KSBN Discipline Proceedings

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If you have dedicated the time and effort to obtain a license as a Registered Nurse, Licensed Practical Nurse, or Licensed Mental Health Technician in Kansas, you understand the sacrifices involved in joining the nursing profession.  Unfortunately, the Kansas State Board of Nursing (KSBN) investigates 2,300 disciplinary cases per year.  Since there are about 70,000 individuals currently licensed by the KSBN, the agency investigates allegations and potential discipline against 3 percent of its licensees annually.  If you are facing the prospect of disciplinary action against your license, it is important to understand the process and your rights.  Because Danielle Sanger often represented the KSBN when she was an Assistant Attorney General, she understands the disciplinary process, potential resolutions of allegations, and the best strategy to oppose or mitigate licensing penalties.

The KSBN might receive a complaint or notification that indicates a licensee might have committed a violation of the Kansas Nurse Practice Act (KNPA), which defines the scope of nursing practice and delineates impermissible acts.  If the actions of a nurse are alleged to be inappropriate, the KSBN has the legal power to gather information and investigate the allegations.  When the KSBN receives a sworn complaint, investigation of the allegations is mandatory.  The agency will commence an administrative action against the licensee if the investigation yields evidence that the allegations have merit.  The board can impose a range of penalties depending on the facts and circumstances, which include denying, limiting, suspending, revoking, and/or publicly or privately censuring a licensee.

While the impact of adverse action against an individual’s license can have a devastating impact, the financial impact can be even more damaging because significant fines can be imposed. A nurse hit with a first offense can face a $1,000 fine.  This fine amount doubles for a second offense and rises to $3,000 for subsequent offenses.

Because a nursing license is a “property right,” a licensee is entitled to certain constitutional protections.  Hearings and procedures involved in disciplinary proceedings against a licensee are governed by the Kansas Administrative Procedure Act (KAPA).  The KAPA is a group of statutes that articulate the procedures by which the KSBN should abide. The procedures specified are designed to ensure that an individual threatened with loss of a nursing license, which is a protected property right, receives due process.  Ms. Sanger tenaciously defends these rights, which include but are not limited to the following:

  • Right to a fair and impartial hearing
  • Right to cross-examine and subpoena witnesses
  • Right to offer and attack evidence
  • Right to legal representation
  • Right to reasonable notice

The formal disciplinary process can begin in one of two ways.  The first process involves the licensee receiving a “Summary Order” document.    This form will specify the alleged factual and legal basis for potential discipline against the licensee.  If you disagree with the allegations, you have the right to request a hearing to challenge the complaint.  Alternatively, you might receive a petition making legal and factual allegations and requesting that specific penalties be imposed.

Sometime after the request for a hearing or the Petition from the Attorney General’s office, the licensee will receive a notice of hearing. This notice of hearing is extremely important and must be dealt with promptly.  The document will indicate a date and time to appear to oppose the allegations made against the licensee.  Failure to appear, obtain a continuance, or contact the KSBN will result in the matter proceeding on a default basis, so penalties are imposed without you ever having your side of the dispute considered.  Discovery occurs in the administrative proceedings similar to litigation, so you have the right to request statements and documents that provide relevant information and evidence.

While the evidence that will be considered will depend on the specific case, the types of information that will be weighed if the allegations involve fitness to practice include but are not limited to the following:

  • Current moral fitness
  • Potential risk to public health and safety
  • Maturity, experience, and character
  • Efforts toward rehabilitation
  • Skill and competence
  • Type and severity of alleged misconduct
  • Consciousness of any wrongdoing and impact on the profession
  • Present conduct
  • Amount of time since alleged misconduct or a criminal conviction

Based on the evidence introduced, the entire board, a panel, or hearing officer will provide a written order that includes factual findings and conclusions of law to support any sanctions imposed, which will be served on both parties.  The notice will indicate an effective date and provide a timeline for submitting a notice of appeal.

If your nursing license is in jeopardy, Kansas Professional Licensing 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 complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.

 

Kansas Professional Licensing Defense Attorney Recent Examples of License Revocations by Missouri State Board of Nursing

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There are many reasons that nurses can have their license threatened, but the grounds usually involve standard of care issues, substance abuse, and/or criminal convictions.  We have discussed these types of scenarios in a hypothetical sense in past blog posts.  However, sometimes the best way to develop a genuine feel for scenarios that end up resulting in a license suspension or revocation is to look at actual adverse actions taken by a nursing board.  This blog provides an overview of actual recent administrative cases that resulted in the suspension or revocation of a nursing license.  Because there are so many cases involving the theft or misuse of narcotics with similar fact patterns, these cases are not discussed below.

Failing to Respond to a Complaint

A nurse’s license was revoked by the Florida nursing board when she ignored an administrative complaint.  The actions constituted conduct that would merit discipline in Missouri where she was currently practicing.  The nurse contended that she did not oppose or respond to the allegations because she had no plan to return or ever practice nursing again in Florida.  She also contended that she thought the Missouri Board of Nursing would reinvestigate the issues, relieving her of the need to respond to the Florida complaint.

Fraud or Misrepresentations of Licensing

Example 1: During 2011, the facility that employed a nurse discovered that her license had lapsed during a routine license check of employees.  The check, which was performed in 2011, revealed that the nurse’s license on file expired in January 2009.  The nurse submitted a “copy” of a purported “license” that was allegedly issued by the Missouri State Board of Nursing with an expiration date of May 31, 2012.  However, the document was determined to be falsified because the board stopped including dates on licenses on January 1, 2010.  Further, the person named as the Director of the Division of Professional Registration, who signed the document, actually left the agency prior to the date the license was allegedly executed.

Example 2: The licensee voluntarily surrendered her vocational nursing license in Texas.  When re-applying for a practical nursing license in Missouri, the licensee indicated she held a license in Louisiana with no disciplinary actions against the license but failed to disclose the Texas license and discipline.

Failing to Call NTS or Provide Samples for Drug Testing

There are many license suspensions and revocations based on the failure to call into the NTS in a timely manner and failing to provide a urine sample for screening when designated to provide such an exemplar.  The failure to comply with probation terms after an initial disciplinary matter constitutes the largest number of actual cases of license revocation in Missouri.

Criminal Convictions

Example 1: The Licensed Practical Nurse pled guilty to a misdemeanor for passing a bad check and was convicted based on the entry of two separate guilty pleas on separate occasions within a seven month period.  The criminal convictions came to light when the nurse failed to comply with a hospital policy requiring two nurses to sign off on the delivery of narcotics.  The nurse also charted the administration of hydrocodone on multiple occasions before the prescribed period of time had elapsed without a 2nd nurse’s signature.

Example 2: When her original application for a license was submitted, the nurse failed to disclose that her license had previously been revoked for a criminal conviction. After her license lapsed which necessitated an application for renewal.  The renewal was granted based on misrepresentations and fraud.  Her license was eventually revoked after NURSYS submitted a complaint because of her previous out-of-state convictions for possession of a controlled substance and carrying a concealed weapon.

Example 3: The respondent was accused of using the social security number and identification information of three patients.  One of the patients reported that the nurse used the information of a deceased relative to open a cell phone account.  The nurse’s license was revoked after the nurse was convicted of the Identity Theft, which constitutes a Class C Felony.

These are just a handful of examples of license revocations recently issued in Missouri.  If you have questions about your specific situation, we invite you to contact us for a confidential initial consultation.  If your nursing license is in jeopardy, Professional Licensing Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your nursing license.  If you are facing a complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.

 

 

Lessons Legal Malpractice Trends Provide Regarding Future Professional Discipline Allegations

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State bar complaints in Missouri or Kansas can be based on conduct that violates ethical rules even if the acts or omissions do not rise to the level of a criminal offense or a legal malpractice claim.  However, legal malpractice or a criminal offense that constitutes an offense moral turpitude comprises common paths to becoming embroiled in state bar disciplinary proceedings.  Because a high volume of bar complaints arise out of allegations of legal malpractice, a recent report discussing legal malpractice claim trends provides guidance on future patterns in disciplinary charges.

The recent report published in the Insurance Journal acknowledges that law firms are confronted by more extensive liability risks as they adapt to the realities of the present business environment.  The recent study by a major legal malpractice carrier reports a steady flow of legal malpractice claims, including claims in excess of $50 million.  The notion that professional discipline tends to involve solo practitioners and small law firms is refuted by this report.  The study focused on claims handled by ten of the largest legal malpractice insurers, representing three-fourths of AM Law 100 law firms.  Some of the findings that can guide attorneys looking to avoid malpractice complaints and professional discipline include:

Areas of Practice Most Frequently Subject to Malpractice Claims: When it comes to conduct that constitutes ethical violations or malpractice, all areas of law are not created equal.  Two in three malpractice insurers reported that probate and estate planning matters constituted the most common legal matters involved in claims.  This represents a change because real estate law has fallen to fourth after amounting to the leading cause of malpractice lawsuits during the prior four years.  Corporate and securities law constitutes the second highest practice area subject to malpractice claims while business transactions is the third leading cause of claims.  The drop in real estate claims is assumed to reflect the changed market and the resolution of many allegations made against law firms in the wake of the real estate market meltdown.

Volume of Claims Remained Reasonably Stable: The report notes that claims rose to an all-time high during 2011 and 2012 when law firms grew rapidly and merged in attempts to respond to an environment of intense competition.  The authors of the report indicate that law firms need to focus on the expanding and evolving risks associated with growth and expansion.  As the concentration of law firms had slowed, so have malpractice claims.  Half of the insurance carriers reported that claims against law firms in 2014 remained consistent with the volume from the previous year.  Two of the remaining firms saw greater claims activity while two others saw less claims activity.  The overall conclusion was that malpractice claims remained essentially constant from 2013 to 2014.

Legal Issues/Matters Causing Highest Number of Claims: Conflict of interests are consistently the leading cause of claims, especially as law firms seek to expand through mergers and acquisitions or lateral hires from other firms.  The conflicts created by such combinations are often not identified early enough, or they are disregarded.  While cyber exposures have not been as prevalent, three malpractice insurers identified cyber or network security events as the basis of malpractice claims.  Given the rising issue of cyber security and professional obligations regarding attorney-client privilege and confidentiality, this an area expected to see significant future growth in terms of malpractice claims.

Kansas Professional Licensing Lawyer 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.

Approaches to Defending Against Alleged Nursing Board Violations

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When Kansas Nurse Licensing Attorney Danielle Sanger represents clients in proceedings over alleged misconduct in Kansas and Missouri, our office may take several approaches.  The specific defense strategies will be influenced by the facts and evidence, past record of our client, and a range of other factors.  Every situation is unique, so we tailor our defense strategy to the facts and circumstance of a particular case.  However, the nature of the facts and evidence may influence our strategy in terms of the stage at which we attempt to resolve a nursing board violation case in Missouri or Kansas.

Weak Evidence Might Result in Immediate Resolution

Sometimes a nurse comes under investigation for a nursing board violation based on fairly weak facts and/or shaky evidence.  If we represent a nurse who has been instructed to self-report an alleged nursing board violation, we will conduct an investigation.  If we have access to evidence that will disprove the charge, Ms. Sanger might immediately schedule a meeting with the investigator to present our client’s perspective.  The benefit of this immediate intervention is to influence the report prepared by the investigator before it is submitted to the nursing board prosecutor.

Once the report has been forwarded to the prosecutor for the nursing board, Ms. Sanger can schedule a meeting to seek to have the matter closed.  This approach means that the prosecutor never files a formal petition against our client.  The basic gist of this strategy involves cooperating and providing information when the evidence supports facilitating an immediate termination of the matter.

Less Favorable Facts Might Merit a Full Hearing

When there is strong evidence proving facts against our client, this situation often merits a more cautious “wait and see” approach.  In this situation, we might elect to delay discussing the facts of the case to avoid potential disclosure of details that ultimately end up being damaging.  If a nurse has failed a drug test or failed to properly document medication, Ms. Sanger might be inclined to anticipate a full hearing and aggressively conduct discovery.  This “wait and see” approach can facilitate continued employment and prevent risking an unnecessary loss of our client’s nursing license.

Since no two nursing board violation cases are identical, our Kansas Nurse Licensing Defense Law Firm’s strategy must be customized to fit the facts and circumstances.  However, an initial assessment of the strength of the evidence and favorability of the facts can determine whether to cooperate to prevent a formal petition or to delay communication with the investigator and/or prosecutor.

Negotiating a Favorable Resolution

If evidence proving a serious violation exists, a nurse may benefit from a Nursing License Revocation Lawyer negotiating with the prosecutor for the nursing board prior to a formal hearing.  These discussions can result in less harsh discipline than revocation of an individual’s nursing license.  Ms. Sanger might offer an explanation for the alleged improper conduct or evidence to mitigate the penalty.  In the case of allegations regarding a positive drug test, evidence might be presented of subsequent enrollment and participation in a drug treatment program.  However, the best defense strategy must be prepared even if such negotiations occur because a favorable agreement might not be possible.

Many good nurses make isolated mistakes or face unjustified disciplinary proceeding.  If you are facing a complaint, 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.

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.