Nurses Must be Careful of Privacy Violations and Social Media

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Every healthcare professional is aware of the ramifications of disclosing patient information in a world where the Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes severe penalties for breaches of the confidentiality requirement. However, as social media becomes more integrated into the lives of professionals of all ages, nurses may begin to make mistakes.

In today’s world, over-sharing has become a fact of life. Invitations to people to be friends on Facebook or follow on Twitter may be extended to individuals who otherwise would have been professional acquaintances. This may lead nurses into a trap where the requirement to keep a patient’s private information confidential seems less rigid because the patient has shared the information with a circle of friends and followers in which the healthcare professional is included. Disclosures of information that still is confidential may lead to severe professional consequences, including the risk that a nurse’s license may be suspended or revoked.

When HIPAA first became the law in the mid ‘90s, it codified many of the confidentiality and nondisclosure laws that existed in various states, as well as healthcare facilities, addressing the privacy rights of patients. The impact was immediate and nurses faced a myriad of legal problems for violations of HIPAA, including civil lawsuits, employer sanctions, nursing board disciplinary actions, and potential criminal charges, depending on the severity of the disclosure and breach of privacy rights. Often, the negative consequences occurred when the nurse accessed or disclosed health information along with information that identified the patient. These issues were particularly problematic when the nurse was treating a celebrity patient or a co-worker where the issues of privacy were less clear.

Today, there are new pitfalls with social media. When a nurse accepts a “friend” invitation, the line between the professional relationship and the personal one becomes blurred. In addition, the use of online social networking sites may lead a nurse to share patient information in the process of developing professional ties with other nurses. However, the disclosure of the information, even without obvious patient identifiers, may lead to liability. It is important to remain aware of the nature of sharing information on the Internet, where it is widely disseminated rapidly and remains accessible indefinitely.

A nurse should be able to make use of the professional tools that are available through social media sites like Facebook and Twitter as there are many opportunities to share knowledge and exchange practice tips. Often, professional organizations will make use of these websites to create interactive forums. Therefore, a nurse does not have to abstain from the use of all social media, but should post information with a clear understanding of the dangers of misusing these tools. In addition, a nurse should be very careful about entering into a quasi-social relationship with a patient by accepting a friend request or other social media invitation.

If a nurse has shared information and faces accusations of privacy violations, it is critical to contact an experienced nursing license defense attorney as soon as possible in order to create an effective plan to negotiate an early resolution to the potential disciplinary action and criminal charges.

The Sanger Law Office Provides Effective Professional License Defense

Nurses provide invaluable services to many people every day. Frequently, the behavior that opens a nurse up to liability and potential disciplinary actions is not undertaken with any malice, but merely is the result of an overly casual view of the nurse/patient relationship. If you are a nurse who finds yourself facing an investigation into your actions with regard to disclosure of patient information or other potential violations, it is important to contact the experienced nursing license defense services of the Sanger Law Office. Danielle Sanger will work with you to minimize the consequences on your career. Your first meeting will be a free and confidential consultation so that you can explore all of your actions. To schedule an appointment, please call (785) 979-4353.

Changes in the Pharmaceutical Industry Lead to New Challenges for Pharmacists

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As the pharmaceutical industry changes, the laws and regulations that apply struggle to keep up with the new issues that continually arise.  One of the biggest transformations in the drug landscape is the growth of the compounding drug companies that operate across state lines and mix relatively small batches of drugs with very little regulation. This industry has played a prominent role in the mounting controversy surrounding lethal injections in death penalty cases.

An Oklahoma compounding company, sometimes referred to as a compounding pharmacy, was at the center of a recent lawsuit filed by attorneys for death row inmate Herbert L. Smulls that alleged the lethal injection drugs being stored by the Missouri Department of Corrections were expired and the Oklahoma pharmacy that provided the drugs did not possess a license to do business in Missouri.  The lawsuit requested that the Oklahoma State Board of Pharmacy recall the batch of pentobarbital that was sent to Missouri by an Oklahoma compounding company.  The lawsuit also alleged that the Missouri prison officials had not stored the drugs properly.

In opposition to the lawsuit, the Oklahoma pharmacy board argued that the compounding pharmacy had not violated any laws because it did not ship the drug to Missouri, but rather someone from Missouri had come to Oklahoma to pick up the drug.  Part of the counter-argument also included the assertion that it was impossible for every pharmacy obtain licensure in all fifty (50) states so common sense allowed for some latitude.  The Missouri Board of Pharmacy did not take any action on the complaint, finding that the Board did not have jurisdiction over entities that take possession of drugs from other states, only those people or entities that distribute or dispense prescriptions in Missouri.

Although this is a unique situation, it does highlight the fact that pharmacists must remain aware of what is happening across the country with regard to compounding companies and other changing rules.  Compounding companies pose a particular problem because approximately 3,000 of them operate in the United States, while only fourteen (14) have signed up voluntarily to be regulated by the Food and Drug Administration (FDA) pursuant to the newly-enacted Drug Quality and Security Act.  The FDA has initiated a campaign recently to urge healthcare providers to demand compounding pharmacies sign up for regulation in order to improve the quality of drugs available to the public.

The Drug Quality and Security Act permits compounding pharmacies that mix sterile drugs and ship these drugs across state lines to register as with the FDA as outsourcing facilities rather than submitting to the regulation of state pharmacy boards.  Once a compounding pharmacy has registered with the FDA, it must submit to inspection of its facilities and agree to report any problems with the mixing of products.  While this does create a new burden for compounding pharmacies, it also will enhance long-term business by building a more reputable practice model.

As a pharmacist working in Missouri or Kansas, it is necessary to monitor these new regulations in order to remain in compliance with the terms of your license.  If you have learned of an investigation into your behavior that may lead to a disciplinary action, regardless of the origin of the complaint, it is critical to be proactive in protecting your license.  Skilled pharmacist license defense attorney Danielle Sanger can help you protect your livelihood.

The Sanger Law Office Offers License Defense Strategies for Pharmacists

Pharmacists face many scenarios every day that could lead to an investigation into their licenses simply because of the complex nature of filling prescriptions, including mixing drugs.  If something happens that may jeopardize your license, it is important to take immediate action to limit the consequences.  Danielle Sanger of the Sanger Law Office understands the trauma that a disciplinary action causes and she will work with you to devise a clear plan to defend your license.  To discuss your circumstances in a free and confidential initial consultation, please call the Sanger Law Office at (785) 979-4353.

Will Physicians Face Greater License Review in Kansas?

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Obtaining your license as a doctor took many years and required a lot of discipline.  However, the public spotlight has focused on physician’s behaviors and demanded that these professionals be held to a higher standard.  If you have discovered an investigation into your action that may impact your professional license, it is important to contact a skilled professional license defense attorney as soon as possible.

A recent editorial in The Capital-Journal discussed the surgery of an eleven year-old girl in Texas where the procedure to correct a spinal deformity was not performed correctly and a malpractice suit was filed.  The piece discusses the transparency of a physician’s background and the requirement for the Kansas State Board of Healing Arts (KSBHA) to change its protocols in responding to complaints relating to Kansas physicians.

It is a fact that there are many lawsuits filed against physicians based on alleged malpractice where the doctor ultimately is found to be blameless and the harm suffered by the patient was an unavoidable injury.  Therefore, it is important for critics to remember that physicians should not be held accountable for things that they could not control. Although there are changes to licensing requirements and obligations that may be necessary, basing these demands on the fact that malpractice cases are filed routinely without basis is not the answer.

The author of the editorial also raised the issue of a recent initiative in Kansas to require drug testing for the recipients of welfare, with the penalty of the temporary loss of benefits for those who show drug use or refuse the test.  There is a suggestion that this is something that might be appropriate for doctors.  This overly simplistic approach overlooks the careful system of rehabilitation in place for physicians who have a problem with drugs or alcohol.

When a complaint is filed, there is an investigation opened by the KSBHA. Information is gathered through a series of sources, including a review of the patient’s records, health care facility documents, personal interviews, and collection of evidence from law enforcement agencies.  However, pursuant to Kansas law, the information gathered is treated as confidential and there is a limited release of details, even to the person who filed the complaint.  Therefore, there might be a perception that the Board is not taking appropriate actions, even when it is conducting a thorough review of the facts underlying the complaint.

As a physician who has had a complaint filed against you, it is a very serious situation in which the investigation is conducted and then the matter is reviewed by a panel of peers, who will refer the matter to the KSBHA for further action if a violation is found to have occurred.  There is a comprehensive process in place that is not discussed in the editorial, but which ensures that physicians are held to the highest of standards.

The Sanger Law Office Offers Critical License Defense Strategies for Physicians

As a doctor who has spent years in school and post-doctoral residency, internships, and fellowship, you have dedicated your life to developing the skills and knowledge to provide excellent care to your patients.  A complaint or other investigation into your license threatens everything that you have worked so hard to achieve.  It is important to have a skilled professional license defense attorney working on your behalf as soon as you learn about an investigation.  Danielle Sanger and the Sanger Law Office have the expertise and resources necessary to defend your license and your livelihood.  To schedule a free and confidential initial consultation, please call (785) 979-4353.  It is important to have the right legal support as early in the process as possible.

Ten Ways to Lose your Nursing License in Kansas & Missouri

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There are many different ways that your nursing license may be in jeopardy in Kansas or Missouri, some of which are fairly transparent and others that may take practitioners by surprise.  Although there are specific issues that arise under the Kansas State Board of Licensing or the Missouri State Board of Nursing, these are some behaviors that may lead to a disciplinary action:

  1. A nurse who is addicted to a prescription pain medication or other drug may be permitted to attend therapy and recovery programs while the licensing board suspends his or her license.  However, if the selected program does not have the proper accreditation, the Board may not reinstate the license, even after completion of treatment.
  2. Stealing drugs, regardless of the reason, will put your license in jeopardy and may lead to criminal charges.
  3. Assuming the identity of another licensed nurse.  Using someone else’s credentials to obtain a license will result in a permanent mark on your record.
  4. Conducting mail fraud of any type, regardless of whether it had to do with your nursing career, may provide the basis for the suspension of your license.
  5. Providing a fake license for any reason may lead to revocation of your license or the inability to ever obtain a license going forward.
  6. Demonstrating unprofessional conduct in the workplace.  This may range from using profane language in front of patients and colleagues to engaging in a sexual relationship with a supervisor in violation of the policies of the healthcare facility.  The severity of the transgression will determine whether the punishment is merely a warning up to the revocation of the license.
  7. Falsification of patients’ records.  A nurse’s license may be revoked if he or she alters or fails to record information in a patient’s record.  This type of behavior can lead to severe harm to the patient, which is the reason why the consequences are so dire.
  8. Neglecting or abusing a patient. Unfortunately, this behavior happens more than people would like to believe, harming the patient as well as his friends and family.  Therefore, it is severely punished.
  9. Violating probation from a previous offense and disciplinary action.  Failing to meet the terms of probation from a prior violation may result in the revocation of a nurse’s license.  This is done because probation is viewed as a second chance and the failure to take advantage of this opportunity may cause the relevant board to exercise its full authority in handing down punishment.
  10. Engaging in inappropriate behavior in a public or highly visible forum. Although this may be grouped with unprofessional conduct in some instances, any action on the part of a nurse that is seen to be in conflict with standards of behavior in the workplace may lead to disciplinary action.  This may include posing for naked photographs that are then published or participating in pornographic activities online.

There are many actions that may trigger a disciplinary action and have long-term consequences for a nurse’s license.  It is important to contact an experienced professional license defense attorney as soon as you learn about a possible investigation into your behavior.

The Sanger Law Office Offers a Free and Confidential Initial Consultation

Having worked so hard for your professional nursing license, it is imperative that you do everything possible to protect it if you are accused of a licensing violation or if you suspect that you may face a disciplinary action.  The experienced legal advice of Danielle Sanger at the Sanger Law Office can make the difference in your professional future.  With extensive experience as both a nursing license defense attorney as well as a prosecutor, Ms. Sanger has the skills to evaluate your case and arrive at the best possible legal solution for you.  To schedule a free and confidential initial consultation, please contact attorney Danielle Sanger now at (785) 979-4353.

The Importance of Avoiding Prescription Errors as a Pharmacist in Kansas

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Pharmacists are healthcare providers just like physicians and nurses.  You provide healthcare to your customers, who are also your patients, by dispensing prescription medications ordered by physicians.  While pharmacists don’t have the same one-on-one contact with their patients as physicians do, their role in ensuring patients receive the proper medication is vital to the overall health and well-being of the patient.  One small mistake, such as dispensing the wrong dosage, or dispensing the wrong medication entirely, can result in serious harm or death.  Therefore, pharmacists must scrutinize their work and that of their subordinates to a higher degree than many other professions.  One mistake could mean the loss of your pharmacist license in Kansas.

Common Pharmacy Errors

There are varying degrees of errors that pharmacists and pharmacy technicians make on a regular basis.  Some mistakes are minor, such as dispensing 29 pills instead of 30 for a patient.  But most mistakes are much more serious, and can be grounds for discipline and potential loss of your license in Kansas.  Some of the serious pharmacy errors include, but are not limited to, the following:

  • Dispensing the wrong prescription medication to a patient;
  • Dispensing the wrong does of a prescription medication to a patient;
  • Failing to investigate potential drug interactions a particular patient may have;
  • Failing to ask the patient if he or she has any questions about the medication being dispensed; and
  • Failing to communicate serious warnings, such as black box warnings, that some medications have

Consequences of Serious Pharmacy Errors

All of the above-mentioned pharmacy errors may lead to a patient becoming seriously ill, or even dying.  The most common fatal pharmacy error is dispensing the wrong dose of a medication to a patient.  Patients assume that the medication they receive is the intended dose, so they trust that what the pharmacist has dispensed must be correct.  Dispensing the wrong medication could be equally fatal, however, patients are more likely to realize that they have been given the wrong prescription medication, because they will not recognize the medication as something they have taken before.

Further, errors regarding a failure to communicate with the patient and investigate the patient’s prescription drug history can have disastrous consequences.  These errors often result when a pharmacist or pharmacy technician simply dispenses a prescription drug without understanding how that drug may affect a particular patient.  For example, if a patient already takes the blood thinner Coumadin, and then is prescribed certain antibiotics, the pharmacist should be aware that the antibiotics may have an impact on the effectiveness of Coumadin, which is a closely monitored medication.

Another potentially dangerous situation arises when a patient takes a prescription medication that has been given a black box warning, and a pharmacist does not communicate this serious warning to patients.  For example, if a patient takes Reglan, which has a black box warning for being known to cause the neurological condition “tardive dyskinesia,” that patient needs to be told that such a serious side-effect exists, to allow the patients to make an informed decision on whether or not to take the medication.

How to Prevent Pharmacy Errors

It is nearly impossible to prevent all mistakes.  However, if you are a pharmacist and you simply take the extra few minutes to ensure that you are dispensing the correct medication at the correct dosage.  Further, if you take the time to communicate with your patient about drug interactions, and potentially dangerous warnings, you will be taking all of the steps you need to take to ensure you are doing your job under Kansas law and won’t be at risk for losing your license.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

We all make mistakes.  But when you have a professional license, each mistake carries with it enormous circumstances that could make or break your career in your profession.  If you are a pharmacist who is at risk of losing your license due to a prescription error, contact Danielle Sanger of the Sanger Law Office as soon as possible to discuss your situation.  With her prior experience as Assistant Attorney General of Kansas, she knows what it’s like to be on the side of the Board that is deciding your fate as a pharmacist.  This experience allows Danielle Sanger to better represent her clients who are facing the loss of their professional licenses.  Call the Sanger Law Office today to schedule your free consultation by calling 785-979-4353.

Kansas Chiropractors – What to Watch Out For

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You may be an upstanding citizen, treat your patients with the utmost care, ensure you are not practicing beyond the scope of your authority, and provide affordable services to your patients.  However, it takes just one complaint with the Kansas Board of Healing Arts to put your reputation and chiropractic license at risk.  Chiropractors are required to comply with the same rules as medical doctors and other healthcare professionals regarding billing practices, candor to patients, and other ethical matters.  But, there is one very important distinction that chiropractors must be aware of.  Chiropractors cannot represent themselves to their patients as “physicians” in the state of Kansas.

Many chiropractors may not describe themselves as physicians or even use the word “physician” when treating patients.  However, patients may believe that because their chiropractor provides general advice on diet, exercise and what may reduce high blood pressure, that their chiropractor must be their physician.  Chiropractors are aware that they cannot recommend that a patient take one medication or another, but chiropractors can suggest what types of food are known to reduce high blood pressure or what exercises may help with back pain.  Chiropractors may recommend certain herbal supplements that are known to help with certain ailments, but cannot tell patients to take those herbal supplements in place of prescription medication that has been prescribed by a physician.

What You Can Do to Protect Yourself as a Chiropractor in Kansas

While some chiropractors may truly believe they are a type of physician, as many people do, in the state of Kansas, referring to yourself as a physician may very well lead to you professional license being stripped away.  Thus, chiropractors must be very careful with how they communicate their role to patients.  Perhaps making it very clear in writing to patients that you are not a physician under Kansas law will get the message to patients.  But even then, some patients don’t always read what is put in front of them.  It may be necessary to put a sign up in big, bold letters that says you are a chiropractor and cannot be termed a physician in the state of Kansas.  Whatever the method may be, the message must be loud and clear to patients so that any complaint a patient may file with the Kansas Board of Healing Arts will be lacking in proof.

It is unfortunate that chiropractors have to watch every move they make and be worried that anything they say or do may be misinterpreted by a patient, but that is simply necessary to ensure chiropractors will not lose their license for one mishap that really isn’t misconduct.  If you have questions about what conduct may be questionable and how to better communicate with your patients in the best way to minimize the risk of facing complaints, you should speak with a professional malpractice defense attorney.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

Facing disciplinary action is certainly stressful, and the thought of losing your chiropractic license in Kansas over something that you did not even know was wrong is scary.  If a complaint has been filed against you for allegedly representing yourself to your patients as a physician, you need to speak with a professional license defense attorney as soon as possible.  Danielle Sanger of the Sanger Law Office has the experience and drive necessary to defend you in a disciplinary proceeding.  Having been the Assistant Attorney General of Kansas, Danielle Sanger has the capacity to apply her knowledge from a prosecutorial frame of mind, and this enables her to better assist her clients in their fight to retain their professional licenses.  To schedule your free consultation, call the Sanger Law Office today at 785-979-4353.

Kansas and Missouri Attorneys – Top Reasons for Losing Your Law License

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As with all professions that require a license, attorneys are held to a certain standard that must be adhered to in order to continue the practice of law year after year.  Many attorneys lose their law license for conduct that could have easily been prevented.  The conduct in question may not have been something you thought would put you at risk for disciplinary action, but when a client or another attorney files a complaint against you with the state bar association, you are at the discretion of a board that will scrutinize your behavior in great detail.  To better understand what you could be facing, you should do your best to avoid the mistakes described below.

  • Legal Malpractice – If a client is not satisfied with his or her legal representation, that client may file a complaint with your state bar association.  Oftentimes, clients do not always have valid allegations, but sometimes they do.  A common mistake attorneys make is to not properly calendar key events.  For example, if you are a plaintiff’s attorney and have a case where the statute of limitations is about to run, and you do not file the case on time, you are at risk for a malpractice complaint.  You have now prevented that client’s ability to bring a particular cause of action.  This mistake can be easily prevented by having a calendaring system that will alert you and your support staff to file a case on time.
  • Improper Billing Practices – Many attorneys do not properly keep client funds separate from other business accounts or their own personal accounts.  It is extremely important to document all client expenses and ensure client funds are in a proper escrow account.  If attorneys are short-staffed, they may not have an experienced bookkeeper to handle this very important aspect of a law firm.
  • Criminal Convictions – Not all criminal convictions will get you disbarred, however, depending on the severity of the conviction, you will at least be subject to some disciplinary action.  For example, violent crime may be grounds for losing your license, but a DUI or misdemeanor drug possession charge may not.  If you are convicted of a DUI or misdemeanor drug possession charge, the disciplinary board may require you to go through drug treatment or counseling.  However, if you have repeated offenses, you may very well lose your law license.
  • Not Properly Supervising Support Staff – As attorneys get busier and busier, they tend to forget that they are responsible for the conduct of their paralegals, law clerks and secretaries.  Improper supervision can subject you to disciplinary action.  For example, if you allow your paralegal to offer minimal advice to clients, this becomes the unauthorized practice of law, even if it’s something that seems so miniscule, such as advising a client as to whether he or she may have a good case.

These violations listed above are certainly not the only ways to lose your law license, but they do occur quite often among the legal community.  Good organizational skills will prevent all of the issues above except for criminal convictions.  Therefore, if you do your best to follow the law and ensure your law practice is organized, you will not be putting your law license at risk.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

If your law license is at risk, you need the help of a professional license defense attorney to ensure you are taking every step necessary to follow the rules of the Kansas or Missouri state bar.  Don’t let a seemingly trivial mistake ruin your career as an attorney.  At the Sanger Law Office, Danielle Sanger can assist you in fighting the state disciplinary boards to keep your law license.  With her prior experience as Assistant Attorney General in Kansas, Danielle Sanger has the knowledge from multiple perspectives, and uses this knowledge to find the best resolution that fits each client’s needs and wishes.  Don’t wait to act.  Call us today to schedule your free consultation.  We can be reached at 785-979-4353.

Kansas and Missouri Psychologists – How to Fight an Unsubstantiated Complaint

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As a psychologist, patients put their trust in you.  They share their feelings, secrets, concerns and their entire life stories, seeking help to deal with the problems they are facing in their lives.  You have a tough job.  You have to remain impartial but still assist your patients in learning how to get through tough times, and get on the right track in their lives.  However, it is not uncommon for a patient to become too close to his or her psychologist and misinterpret the scope of the relationship.

Patients may feel so close to their psychologists that they develop romantic feelings.  They may believe these feelings are being reciprocated by misunderstanding their psychologists’ kind and receptive behavior.  For example, a patient may start believing that his or her psychologist is the comforting companion he or she always wanted, instead of realizing that the patient needs to take what is learned in therapy sessions and apply it to their personal lives.

Psychologists face a slippery slope where they may need to take a step back when they realize their patients are getting too close.  If a psychologist does tell his or her patient that it would be best to cut ties with the psychologist-patient relationship, the patient may get upset and decide to file a complaint in retaliation.  This is an unfortunate risk of being a psychologist.

In order to defend yourself when your license is at risk for something you did not do, you need to be sure to document in great detail every conversation you have with your patient.  You also need to document certain behaviors you believe are inappropriate.  If you are able to record conversations of your therapy sessions with the consent of your patients, this will help to gather evidence in your favor.  If you keep a good record of everything, you will have the documentation you need to defend yourself against an invalid complaint.

How to Prevent Complaints in the First Place

It isn’t always possible to predict with certainty how a patient will behave, but there are a few steps you can take to help a patient understand your role as a psychologist and his or her role as a patient.  First, you should tell your patient at the first meeting that the relationship is strictly limited in scope to that of a psychologist-patient relationship.  Second, you should have your patient sign a consent/agreement form outlining that the patient consents to receive counseling within the parameters of the law and agrees to not cross the line and attempt to form a romantic relationship.  If the patient does cross the line, the patient agrees that the psychologist-patient relationship should be terminated.  Third, you should remind your patient periodically of the parameters of the relationship should the patient exhibit behaviors that are inappropriate.

You will have patients from all walks of life.  You will have patients that understand what to expect from counseling or therapy, and you will have patients that attempt to cross the line.  You may have patients that retaliate against you for your actions of rejecting a romantic relationship.  When a patient retaliates, you need the assistance of a professional license defense attorney.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

A complaint based on false allegations could tarnish your reputation as a psychologist.  If you are facing a complaint filed by a patient that is completely unfounded and not based on fact, you need to speak with our professional license defense attorney as soon as possible.  Danielle Sanger of the Sanger Law Office has assisted clients just like you who have faced allegations that are simply not true.  Don’t let a false complaint prevent you from practicing as a psychologist.  Contact the Sanger Law Office today for a free consultation to discuss your case.  You may contact us online or call us at 785-979-4353.

When Physicians are Practicing Under the Influence of Alcohol or Drugs

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Medical doctors have a duty to treat their patients with the utmost care and respect.  If a physician feels his or her patient has bad, unhealthy habits or addictions, that doctor should counsel the patient about the problem.  However, what happens when the tables turn and it is the physician who has an alcohol or drug problem?  This situation may not be as uncommon as some people think.

Why Do Some Physicians Have Problems with Alcohol or Drugs?

Most physicians feel rewarded by their profession, but they can also feel stressed out.  Being a doctor certainly is not easy and stress in any profession or in any situation for that matter, can lead people to turn to alcohol or drugs to alleviate that stress.  Typically, alcoholism is more of a problem than drug addiction.  However, many physicians have access to medications that are addictive in nature.  For example, emergency room and other hospital physicians have easy access to pain and anti-anxiety medication that often leads to addiction if used on a regular basis.  Therefore, it is reasonable to assume that some physicians may take medication for their own use with such easy access to it.

The reasons for addiction are numerous.  Each person has a very unique situation that may lead him or her to consume alcohol or drugs.  Physicians have a duty of care higher than the average person, thus, if a physician is under the influence while working, the consequences can be very severe, as discussed below.

How Does an Impaired Physician Affect the Welfare of Patients?

Patients put their trust in their doctors.  They trust that they are receiving the proper treatment for their particular ailments.  If a physician is under the influence, he or she may make a mistake and give a patient the wrong medication.  Further, if a surgeon is under the influence while performing a procedure, any small mistake could be fatal.  While addiction is highly problematic in any situation, it is especially problematic for physicians.  Physicians under the influence while working are at a significant risk for losing their medical license and facing disciplinary action from the Kansas Board of Healing Arts.

Physicians who become aware they may have a problem with alcohol or drugs should cease practicing medicine on a temporary basis until they can receive treatment.  Physicians take an oath to ensure they are not putting their patients in harm’s way and not breaching the standard of care.  However, physicians are human just like everyone else, so when they believe their condition could be putting their patients at risk, they need to take a step back and heal themselves.

Physicians who recognize they may have a problem do not deserve to lose their medical licenses.  They deserve to receive treatment and have the opportunity to return to work after making a mistake and coming to terms with that mistake.  In order to overcome challenges with possibly losing a medical license, physicians need the advice and counsel of a highly experienced professional malpractice defense attorney.

Call the Sanger Law Office Now to Schedule Your Free Consultation

If your medical license is at risk, you need a skilled professional license defense attorney on your side to protect your ability to continue working in your profession.  When you are facing a complaint from the Kansas Board of Healing Arts, it can be a stressful and fearful time of your career.  Danielle Sanger of the Sanger Law Office has experience both as a prosecutor and as a professional license defense attorney.  She will provide you with the best representation possible.  To schedule your free consultation with the Sanger Law Office, contact us today by calling 785-979-4353.  You may also contact us online.

How Criminal Convictions Can Affect Your Professional License

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Regardless of what your profession is, if your job requires you to have a license under Kansas or Missouri law, you could be at risk for disciplinary action which may lead to a loss of your license if you are convicted of a crime.  Of course, what the crime is, the severity of the crime, and the number of prior convictions all play a role into the potential loss of a professional license.  Further, how you communicate the criminal conviction to your professional licensing board also plays a role.  The more honest and forthright you are with the licensing board, the more lenient the licensing board may be on you.

Depending on what your profession is, a criminal conviction may have a greater or lesser impact than for other professions.  If the criminal conduct is directly linked to the profession, or may have a significant effect on the professional’s ability to carry out his or her job duties, then the penalties may be harsher.  For example, if a veterinarian is convicted of animal cruelty, this would likely alert the Kansas Board of Veterinary Examiners or the Missouri Board of Veterinary Medicine that the veterinarian should no longer be in practice.  On the other hand, if an athletic trainer was convicted of possession of a small amount of marijuana, and such conduct did not occur while on the job, then the Kansas Board of Healing Arts or Missouri Board of Healing Arts may not consider this criminal charge to be one that causes the professional to lose his or her athletic training license.

The Range of Penalties for Disciplinary Actions Against Licensed Professionals

Penalties for professional misconduct range from very minor to very severe. On the minor end, a professional may receive a private reprimand, or slap on the wrist, so to speak (i.e., as long as you don’t commit another crime, you can keep your professional license and continue to work).  The moderate range involves a public reprimand.  For example, a professional’s name may be listed in a publication to show that he or she was disciplined for being convicted of a crime that had, or may have had, some impact on his or her profession.  On the most severe end, a professional could lose his or her license outright without the possibility of getting it back.

Why You Need an Attorney By Your Side

A professional license defense attorney can explain to you all of the potential consequences of your criminal conviction that occurs during the time you have a professional license.  An attorney can also help you in disclosing your criminal conviction to the appropriate board if the board does not already know about it.  Further, an attorney can defend and advocate on your behalf to plead to the board why you deserve to keep your professional license.  While you certainly can fight the board on your own, it is always a good idea to have an expert by your side.

The Sanger Law Office Can Help Your With All Your Professional Licensing Needs

No matter what your situation may be, if your professional license is at risk, or if you simply have questions about how a criminal conviction may affect your professional license, you should speak with a professional license defense attorney as soon as possible.  With her prior experience as a prosecutor, Danielle Sanger of the Sanger Law Office knows what to expect from potential disciplinary proceedings in Kansas and Missouri.  She provides her clients with the devotion they deserve and advocates for them to retain their professional licenses.  To schedule your free consultation with the Sanger Law Office, contact our office today by calling 785-979-4353, or you may contact us online.