Kansas Certified Public Accountants: Tips for Avoiding Disciplinary Actions

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The Kansas Board of Accountancy is the state agency that licenses certified public accountants (CPAs). In addition to its powers to suspend or revoke a license, the Board can take other disciplinary actions, including but not limited to censure, ordering payment of fines and mandating completion of remedial or ethics-based classes. CPAs who do not adhere to the profession’s high ethical and professional standards, jeopardize not only their license but also their livelihood. Some of the most common sins that have led a licensee to disciplinary action include the following:

  1. Criminal Conviction: A licensee who receives a felony conviction is subject to discipline, regardless if the crime was related to his or her job duties. In Kansas, a third DUI conviction, if the second occurred within the previous 10 years, is considered a felony. The conviction of any crime which involves an element of dishonesty or fraud is grounds for disciplinary action as well.
  1. Failure to File Tax Returns: All licensees must file personal and business (firm) tax returns in a timely fashion, including payment of all taxes.
  1. Failure to Meet Licensing Renewal Requirements: Failing to meet licensing renewal requirements is a quick way to find oneself in hot water with the Board. Each year licensees are disciplined for failing to complete the mandatory continuing education classes and other basic requirements for license renewal. Allowing one’s license to lapse can also lead to disciplinary action for false advertising—since the licensee’s license has expired.
  1. Deceptive Advertising Practices: False or deceptive advertising in promoting or marketing a licensee’s professional services is considered an act that discredits the profession and, therefore, subject to disciplinary measures.
  1. Discipline from Government Agency: A licensee who is disciplined by a government agency, for example the SEC, is often subjected to additional disciplinary measures by their state licensing Board.
  1. Fraud in Obtaining a License: The use of fraud, dishonesty or deceit to obtain or renew a license can not only subject a licensee to disciplinary action by the Board, it can also lead to criminal charges.
  1. Failing to Cooperate with Board’s Investigation: Each year, across the country, licensees lose their license for failing to cooperate with a regulatory board’s investigation. In Kansas, ignoring requests for documents and other inquiries by the Board is grounds for discipline. This is why is it is critically important to have an experienced license defense attorney working for you.

If you have received notice from the Kansas Board of Accountancy that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. In order to protect your livelihood and reputation, you need an experienced professional license defense attorney by your side. Attorney Danielle Sanger and the seasoned professionals at the Sanger Law Office will make it their priority to bring your case to a prompt resolution.

Seven Ways Kansas Technical Professionals Can Endanger their Licenses

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The Kansas State Board of Technical Professions is the governing agency for engineering, architecture, landscape architecture, geology and surveying professionals.  Specifically, the Board has the power to suspend or revoke a technical professional’s license, or take other disciplinary actions.  However, some licensees are not aware of the mistakes that could place their licenses, and their jobs, in jeopardy. The following are seven of the most common errors that can land a technical professional in hot water with the Board:

  1. Non-Authorized Use of Signature or Seal: A licensee cannot affix his or her signature or seal to any documents, reports, records or other papers that were not personally prepared by the licensee or under the licensee’s direct control and supervision. A licensee who sells a signature or seal not only risks losing his or her license, but risks criminal charges as well.
  1. Felony conviction:  Many licensees are not aware that a felony conviction is considered unprofessional conduct and can lead to a loss of license. Regardless of whether the act that lead to the conviction was related to the licensee’s professional duties. Be aware that in Kansas, a third DUI conviction is a felony if the second conviction was in the 10 years prior to the third conviction.
  1. Incompetence: If the investigation of a project failure concludes that the cause of the failure was due to a licensee’s gross incompetence, the licensee could lose his or her license. In some instances, the Board may require that a licensee whose competence is at issue, pass an appropriate examination.
  1. Improper Advertising: A licensee cannot advertise services in a technical professional field unless he or she is qualified by education and experience and licensed in that particular field.
  1. Performing Services Without a License: Technical professionals are often licensed in more than one state. A licensee can jeopardize his or license if he or she performs services in a state in which he or she is not licensed. In some instances, the licensee is not only subject to discipline and possible criminal charges in that state but also in the state(s) in which he or she is licensed.
  1. Fraud in Obtaining a License: An applicant for a license must be truthful and forthright in his or her efforts to obtain a license. Misrepresentation or deceit in the application can lead to serious problems.
  1. Failure to Meet Licensing Renewal Requirements: One of the easiest ways for a licensee to remain in good standing with the Kansas State Board is to meet all licensing requirements, including timely payment of fees and completion of the requisite number of continuing education classes.

If you received notice from the Kansas State Board of Technical Professions that a complaint has been filed against you, do not delay in seeking legal help.  Contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. The Sanger Law Office has the experience handling professional license defense matters that you need to protect your livelihood and reputation. Trust the Sanger Law Office to provide you with exceptional legal services.

Kansas Emergency Medical Attendants: 7 Deadly Sins

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Attendants are the first medical providers on the scene of any major accident or emergency. Whether you are a first responder or an emergency medical technician, you are a highly trusted member of the community; the public relies on emergency medical attendants to provide critical care services without the benefit of hospital resources. Unlike the patient’s family physician, attendants come into a patient’s life as strangers and often leave as heroes. Most attendants consequently experience a high level of job satisfaction.  In order to continue to be able to enjoy your career it is important to keep one’s license in good standing. With this in mind, it is important avoid problems with the Kansas Board of Emergency Medical Services.  As such, consider the following career threatening mistakes:

  1. Violating Patient Confidentiality:  It is normal to want to share the events of your work day with friends or loved ones.  However, an attendant needs to be extremely careful that in relaying these stories the attendant is not sharing too much information.  Patients in this line of work may be fleeting, but they are entitled to the same degree of confidentiality from an attendant, as the patient would receive from a nurse or a doctor in a hospital setting.  Failing to take necessary actions to safeguard patient information can land an attendant in hot water with the Board.
  1. Performing Activities Beyond Certification:  Attendants encounter patients in a variety of life threatening situations.  Although it may be tempting to try to do more than what the attendant is qualified to do, it is important for any attendant to know and understand professional limitations.
  1. Misleading or False Statements:  The simplest way to avoid problems with the Board is to make sure that the information provided to the Board is accurate. Lying or misrepresenting facts on an application or certification renewal form is clearly an invitation for trouble.
  1. Failure to Meet Renewal Requirements: Make sure that your renewal form is completed in a timely manner, including the payment of all fees and the completion of all continuing education credits.
  1. Drugs Addiction and Diversion:  Diverting drugs from a patient is not only cause for discipline or loss of one’s license, it is also a crime. Drug use can interfere with the attendant’s skills and judgment. Attendants who are suffering from drug addiction need to seek qualified help or risk losing their career.
  1. Patient Abuse: Patients deserve the highest standard of care from the medical community. Attendants who physically, emotionally or sexually abuse a patient are subject to disciplinary action by the Board.
  1. Conviction of a Felony: Trustworthiness is the cornerstone of any attendant. An attendant who is convicted of a felony will typically not be allowed to continue until after a Board’s investigation determines that the individual has been rehabilitated to a level that again warrants the public’s trust.

If you have received notice of disciplinary action by the Kansas Board of Emergency Medical Services, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. Do not trust your professional license to just any attorney. Trust the professional license defense attorneys at the Sanger Law Office to provide you with exception legal services.

Kansas Nursing Professionals: Tips for Recovering from Disciplinary Action

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Receiving notice from the Kansas Board of Nursing that you are being disciplined for violations of the Nursing Practices can be absolutely devastating. However, it is important to realize that many other nursing professionals have been disciplined and have gone on to have wonderful careers. Here are a few tips to ensure post-disciplinary success:

  • Complete conditions of disciplinary action: Before leaving your attorney’s office, make sure that you understand the terms of your discipline.  This includes any conditions that you are required to compete and the time frame for completing each task.  Do not put off completing these tasks!  The sooner you are able to complete the tasks, the better you will feel. The Board will not look favorably upon a licensee who does not complete conditions on time.
  • Keep quiet at work:  In some cases it may be tempting to want to share your experiences with a co-worker. However, in most instances it is better if you keep to yourself.  If you feel like you need to discuss the matter with a fellow nursing professional, speak with a supervisor or someone who does not work at the same facility.
  • Do not hold a grudge:  It is completely natural to have mixed feelings after the disciplinary proceedings. However, the key to recovering quickly is to not dwell on the past events. Harboring ill feelings towards the proceedings or the patient who made the complaint will not help you recover. It is important to forgive yourself. Continuing to beat yourself up about the cause of the discipline will not make you a better nurse. Rather, keeping such feeling may do just the opposite.
  • Recommit yourself to the profession:  Do not let the disciplinary process take away your passion for nursing. Make the decision to recommit yourself to the profession. Take the steps necessary to improve and build upon your skill set. A great leader takes experiences, both good and bad, as opportunities to learn and grow.
  • Regain your confidence:  When recovering from disciplinary action it is normal to feel cautious so as to avoid making mistakes. However, more mistakes are made when confidence is low than when it is high. It is important for nurses to trust his or her instincts and training. However, if a certain area has you feeling particularly anxious, it is a good idea to find a certified nursing education class on the subject.
  • Communication is key: Many disciplinary complaints are the result of poor communication. Make sure that your conversations with patients are professional and polite.

You worked hard to obtain and maintain your nursing license.  Do not let one error cost you your license. If you have received notice of a complaint by the Kansas Board of Nursing, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. You can trust the Sanger Law Office to provide with exceptional legal services.

Kansas Legal Professionals: The Rules of Advertising

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There often comes a time when an attorney or a law firm wants to attract a larger client base. Maybe an attorney wants to start his or her own firm and needs to let the community know about the services the new office will provides. Or maybe a firm is looking to expand its practice into new areas of law. Whatever the reason, attracting new clients is usually not an easy task. Most attorneys, especially more senior partners, believe that the only way to obtain quality clients is through old-fashioned word of mouth and referrals from other attorneys who have different practice areas. Although both methods are tried and true, it can often take years to build up a solid client base.

Attorneys that are looking to attract new clients quicker and faster are often looking for new methods not traditionally used in legal circles. One such method is through advertising. Although thought to be taboo by some attorneys, advertising, whether in print ads, internet or television is a valid and often very successful way to draw new clients. However, before you put an advertisement in the local paper or on television, you need to be aware of the applicable rules regarding attorney advertising. In Kansas, attorneys should become familiar with the advertising rules which are set forth in the Rules of Professional Conduct. Violating these rules is sure way to encounter a problem with the Office of Disciplinary Administration. Here are a few key areas where attorneys who are not familiar with the rules related to advertising can encounter problems:

  • Advertisements cannot contain false or misleading statements: Attorney advertisements cannot contain false or misleading statements about the lawyer’s services. This includes statements that are considered likely to create expectations about the results an attorney can achieve. For example, statements regarding the amount of damages the attorney won for a particular client or a result that the attorney was able to achieve in a particular type of case. An attorney may also not compare his or her services to that of another attorney’s services, unless that comparison can be factually substantiated.
  • Advertisements that refer to the attorney as a specialist: An attorney can advertise that he or she does or does not practice in certain areas of law. However, an attorney cannot advertise that he or she specializes or is a certified specialist in an area of law, unless the organization that has given the certification to the attorney has been authorized to do so by the state and the advertisement contains the name of that organization. An exception to this rule is that attorneys that have been admitted to patent practice may designate themselves as a “Patent Attorney”.
  • Failure to name an attorney: In Kansas, attorneys may advertise their legal services through recorded, written or electronic communication, including public media. However, each advertisement must contain the name of at least one attorney who is responsible for its content.

If you received notice from the Office of the Disciplinary Administrator of a pending investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. Do not delay. Before you communicate with anyone, you need to speak with an experience professional license defense attorney. Trust the Sanger Law Office to provide you with quality legal services.

Legal Professionals: What to Do If You Receive Notice of a Complaint from the Kansas Board of Discipline of Attorneys

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One day you are at the office just about to return a client’s phone call when your office assistant drops the mail on your desk. Neatly placed on top of other attorney correspondences you see a letter from Kansas Board for Discipline of Attorneys, informing you that a complaint has been filed against you. You are not alone. At some point in your career, either a former client or a non-client may become upset with you or your client and file a complaint against you. This does not mean that you should disregard the complaint or not take the complaint seriously. In fact, all complaints whether meritorious or not should be taken very seriously. If you receive notice of a complaint from the Board, here are some basic steps you should follow:

1)      Inform your firm: Whether you are an associate attorney or a partner, you will dread telling people that you received a complaint. However, the firm’s management needs to be made aware of the action as soon as possible so that the firm can take appropriate action. For example, a partner will need to inform the firm’s malpractice insurance carrier and develop a plan in case the complaining party contacts the office.

2)      Do not send a hastily drafted response: Upon receipt of a complaint, you may be overcome with emotions. On the one hand, you may be angry and want to draft a response denying any wrongdoing and pointing out the errors of the complaining party’s unskillfully drafted grievance. Or, on the other hand, you may find yourself admitting wrongdoing and asking for understanding. Neither choice is a good one. A response needs to be carefully drafted so that it does not inadvertently admit any wrongdoing or create cause for a different violation. For example, an attorney’s response needs to be mindful of the attorney-client privilege.

3)      Hire an experienced attorney: Do not consider representing yourself. As the familiar saying goes, an attorney who represents himself has an idiot for a client. Do not trust your law license to an attorney who does not have experience before the Board and cannot provide you with an objective perspective and strategy for the case, in other words “YOU”.

4)      Do not communicate with the complaining party: Although it may be tempting to contact the complaining party, especially if it is a former client, resist the temptation. The conversation may be construed by the complaining party as an attempt to dissuade the party from bringing a complaint or as attempt to buy the complaining party’s silence.

If you have received notice of disciplinary action by the Kansas Board of Discipline of Attorneys, contact the Sanger Law Office at 785-979-4353 to schedule a free and completely confidential consultation. You can trust the team of seasoned professionals at the Sanger Law Office to thoroughly investigate the pending allegations being brought against you and to prepare an effective strategy that meets your individual and professional needs.

Pharmacists: Five Ways to Jeopardize Your License in Kansas

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The main purpose of any state’s pharmacy board or other licensing organization is to protect the public’s health, welfare and safety by making sure that all individuals and entities meet that state’s rules and regulations through the process of registering and licensing. Simply stated, any state pharmacy board is looking to protect the general public, not individual pharmacists and their licenses. Therefore, it is important that pharmacists be aware of the potential risks that can lead to a complaint and potential investigation so that the licensee is able to avoid such mistakes. Here are five of the most common pharmacist errors that can trigger a complaint or an investigation by the Kansas Board of Pharmacy:

1)      Failure to Meet Licensing Requirement: The simplest way to avoid problems with your pharmacy board is to make sure that you are current with any and all licensing requirements for your state. All too often, pharmacists risk their licenses by failing to complete mandatory continuing education classes offered through an approved provider or to submit the necessary renewal fee.

2)      Conviction of a Crime: In most states, a pharmacist must disclose whether the pharmacist has been convicted, fined or otherwise disciplined for violating any drug or pharmacy laws. In Kansas, pharmacists must also report whether they have been charged with or convicted of any felony. Failure to do so can result in disciplinary action or loss of license.

3)      Misappropriation of prescription medications: Illegal or unlawful conversion of a drug for a pharmacist’s own personal use or for the use of another is not only a serious crime but can also lead to the revocation of a pharmacists’ professional license. It does not matter whether the pharmacist benefited monetarily from the drug misappropriation.

4)      Substance Abuse and/or Addiction: Whether your abuse or addiction started innocently enough when you injured your back and became dependent on pain pills or if the addiction started because you had the access to the drugs, it does not matter. Pharmacists who have a problem with chemical dependency need help. Pharmacists in Kansas can reach out to CIPP (Committee on Impaired Provider Practice) by contacting their help line. Each call is kept confidential and is not known to the Kansas Board of Pharmacy. 

5)      Gross Negligence or Incompetence in Performing Duties: The basic rule is if you are not sure of your professional duties and/or obligations in any given situation, find out. Remember some of the most common errors occur when a pharmacist is acting carelessly and without a full investigation into his or her obligations.

If you are a pharmacist who has just received notice of a pending investigation by the Kansas or Missouri Board of Pharmacy, contact the Sanger Law Office. We invite you to call 785-979-4353 to schedule a free and completely confidential consultation. The team of seasoned professionals at the Sanger Law Office will investigate the pending allegations against you and prepare a strategy that meets your individual and professional needs.

 

Kansas Real Estate Agents: Seven Deadly Sins

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Each year thousands of real estate agents and brokers across the country find themselves in hot water with their state licensing boards. Do not let your real estate license become a victim of bad business practices or a careless mistake. Learn from the mistakes of others to ensure the longevity of your license and your professional future. The following are seven mistakes that can place a real estate agent’s license in peril:

1)      Involvement in Mortgage Fraud: Mortgage fraud typically occurs when a lender is duped into making a loan the lender would not otherwise made but for some type of fraud. This fraud can occur when the agent manipulates the apparent value of the property so that the bank makes a loan in excess of the real value of the property or to a buyer that is otherwise unqualified. Fraud of this nature cannot only cost an agent of his or her license but also land the agent in jail.

2)      Conviction of a Crime: Most state licensing boards have laws that restrict persons with felony and other criminal convictions from maintaining a real estate license. In Kansas, for instance, the Real Estate Commission can deny a license to any person that has been convicted of or pled guilty to a crime which reflects upon the individual’s honesty, integrity, trustworthiness or competence to conduct real estate transactions.

3)      Misrepresentation: Clients put trust in real estate agents to find the right property and then to guide them through the real estate buying process. Actions by an agent such as misrepresenting facts, omitting details, or flat out lying in order to induce a buyer to make a transaction is unethical and can result in discipline and/or loss of license.

4)      Mishandling a Client’s Funds: The fastest way to lose your license is to play with or mishandle a client’s money. Each year agents lose their licenses as the result of “borrowing” money from client and bad bookkeeping. The best way to avoid this problem completely is to place the client’s money in a trust account or in escrow with the title company. Also, do not take any commissions until the transaction has closed.

5)      Playing Attorney: Avoid the temptation to try to be and do everything for your client, especially if it is outside your realm of expertise. Real agents find themselves flirting with danger when they attempt to draft or amend contracts and other legal documents. Ignorance is no excuse when it comes to actions that constitute practicing law without a license.

6)      Not meeting licensing requirements: The easiest way to avoid putting your license in jeopardy is to make sure that you have met all of your state’s licensing requirements. Each year people lose their license for failing to pay the required fees and take the necessary continuing education classes. 

7)      Incompetence: If you are not sure about a particular area—get help, do not opt to just “wing it.” Losing your license over a mistake that could have been avoided by picking up the phone and contacting a colleague or professional organization is just careless.

If you are being investigated by the Kansas Real Estate Commission you need an experienced professional license defense attorney. I invite you to contact the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. My team of seasoned professionals a Sanger Law Office will fight for your professional license and protect your livelihood.

Kansas Certified Nurse Aides: Five Ways to Jeopardize Your Certification

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Certified Nurse Aides (CNAs) play an important role in hospitals, nursing homes, assisted-living facilities and in other health care delivery facilities. From administering vitals to updating patient records to helping a patient eat, a nurse aide is involved with multiple aspects of patient care. But no matter how busy a nurse aide may be, he or she should never take the certification for granted. Each year nurse aides are disciplined and/or have certifications revoked due to careless mistakes and or negligence. Here are five errors that can jeopardize a nurse aide’s certification:

1)      Certification Problems: In order to obtain your CNA certification in Kansas you must complete a 90-hour nurse aide training course and pass the state test. The quickest way to jeopardize your certification is by lying on any portion of the application. Each year applicants “fib” about their criminal history and credentials thinking that no one will find out. This is one gamble that is sure to result in a loss of certification.

2)      Conviction of a Crime: In most states the conviction of a felony or other crime can be grounds for automatic revocation of a nurse aide’s certification. If you are charged with a crime, make sure that you consult with professional license defense attorney in addition to a criminal attorney. In some cases, pleading guilty to a crime may lead to your certification being revoked.

3)      Patient Mistreatment: The majority of a nurse aide’s duties are with direct patient care. Mistreatment or abuse of a patient will not be tolerated and in most cases will result in a loss of certification. Sometimes due to a patient or resident’s mental infirmities, he or she may become aggressive or even violent. If you are having difficulties managing a patient, obtain assistance from the nurse on duty or another supervisor.

4)      Misappropriation of Property: As a nurse aide you are typically responsible for helping patients with every day duties, from getting dressed and undressed to bathing and toileting. Some patients may be so grateful for your services that they will present you with a gift. Most facilities, whether it be a hospital or a nursing home, typically prohibit staff, including nurse aides, from accepting gifts. Elderly patients with memory problems may also forget giving you a watch or other item of personal property and later report the item stolen. It goes without saying that stealing from a patient is not only a crime, but will also result in the loss of your certification.

5)      HIPAA Violations: Nurse aides, like other medical employees, must know and understand – their obligations under HIPAA”). Sharing a patient’s medical information with people not authorized to know that information can result in the revocation of your certification.

If you are a certified nurse aid who is being investigated due to a complaint, contact the Sanger Law Office today at 785-979-4353 to schedule a free consultation. You can trust our team of experienced professionals to provide you with the superior legal service you need to protect your career.

Kansas Medical Professionals: Cope with Stress or Risk Losing your License

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Stress, some would argue, is just part of the job for most medical professionals. Whether you are a doctor, nurse or therapist, you undoubtedly are under a considerable amount of stress not only at work, but also in your personal life. As such, medical professionals need to learn how to recognize and cope with stress—much like they have learned to deal with difficult patients and coworkers. Failing to deal effectively with stress can lead to a multitude of problems and ultimately put a professional’s license at risk by interfering with the quality of care that their patients deserve. This can ultimately lead to patient complaints and a litany of other problems.  With this in mind, there are a number of tips you should consider in managing your stress levels:

  • Identify the source: If you feel stressed out, try to take a minute to determine what is causing the stress. Is the tension you are feeling related to a work-related event, such as a trying patient, or do you just feel more stressed because of something going on in your personal life? Medical professionals are “real” people too and have personal problems that can sometimes inconspicuously spill over into work. Once you identify the source of stress, you can take appropriate actions to address the issue.
  • Take a break: Sometimes a small break from a stressful situation can make a big difference. Briefly removing yourself from the situation can often bring you clarity and allow you to regain your composure. Recognizing that you are stressed and allowing yourself to determine an appropriate response is key. Stress in the workplace may seem inevitable, but remember, you can take control of how you handle it so your patients do not suffer as a result.
  • Be on the lookout: Stress does not look the same on all people. In one person, stress may resemble anxiety while in another it may manifest itself as anger. Unmanaged stress can also lead to depression, job-related burn-out and abuse of alcohol and other drugs. Once you are aware of how you deal with stress, the better you can cope. 
  • Determine a way to cope with stress: The good news is that there are many ways to cope with stress. From exercise to meditation to engaging in an activity that you thoroughly enjoy, the key is to find something that works for you. If you are not finding relief from stress after trying a few different approaches, it may be a good idea to seek the advice of a professional. Therapists and counselors can help you gain insight into the source of your stress and how to successfully manage it.

If you are medical professional who is being reviewed by the Kansas Board of the Healing Arts or Board of Nursing, the Sanger Law Office can help. I invite you to call the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. As a medical professional your license is not just your career it is your livelihood. You can rely on Danielle Sanger and the Sanger Law Offices to investigate the charges being brought against you and defend your professional license and protect your reputation.