Top Three Reasons Why Nurses Lose Their Professional Licenses in Kansas and Missouri

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Nurses have the same responsibilities and duties as all other healthcare providers in terms of caring for patients.  Nurses often have much closer contact with patients than physicians, especially in the hospital and nursing home setting.  Patients may form a closer bond with nurses than with their physicians.  From taking a patient’s vitals to bringing them food and medication, nurses serve a very important role in quality healthcare.  Just as is the case with any profession that requires licensure in Kansas and Missouri, nurses must comply with a set of rules set by the board of healing arts.

There are a multitude of reasons why nurses can lose their licenses, however, the three reasons described below are more common than others.  Nurses should ensure they are doing whatever they can to comply with all rules and procedures in order to avoid the risk of facing disciplinary action and possibly losing their licenses.

 (1) Falsifying Patient Medical Records

Nurses have a responsibility to ensure all notes they record for their patients are thorough and accurate.  Mistakes do happen, and some notes may be left out, mistyped, or misprinted.  However, there are situations where nurses intentionally leave notes out or alter notes in order to protect themselves or other healthcare professionals they are working with.  For example, if a nurse forgot to administer medication to a patient, but records on the patient notes that the medication was administered, this is considered falsifying records.  If the patient becomes ill or suffers an adverse reaction because of the missed dose of medication, the nurse could be facing serious consequences from their governing board of healing arts.

(2)  Unprofessional Conduct

Unprofessional conduct is a very broad category of potentially undesirable behavior.  This can range from talking back to a difficult patient with the use of profane language, it could be sexual harassment towards a patient or fellow employee, or it could be simply failing to follow policies and procedures.  The board of healing arts can use discretion to determine if certain conduct is unprofessional to the point where disciplinary action is necessary.  Because the category of unprofessional conduct is so broad, and because patients may interpret certain conduct to be rude, oppressive or offensive, it is highly important that nurses be as cordial as possible with patients, no matter how difficult the patients are.

(3)  Patient Abuse and Neglect

Abuse and neglect of patients can fall into the category of unprofessional conduct, however, abuse and neglect have been the subject of many medical malpractice lawsuits and therefore deserve discussion in a separate category.  Patient abuse and neglect are more prevalent in the nursing home setting than in other settings.  This is because patients in nursing homes require a significant amount of care and attention, and leaving a patient by him or herself for too long can cause serious problems.  For example, if a patient is unable to walk, and needs to go to the bathroom, if that patient is left alone for a long period of time, that patient may attempt to go to the bathroom by getting into a wheelchair without assistance.  This can then lead the patient to fall and be injured.  Further, if a nurse is becoming frustrated with a patient, he or she may use force to control the patient that is deemed abusive.

Nurses can be as responsive and caring as possible and still face situations where they are at risk for facing disciplinary action or possibly losing their professional license.  If a patient complains about anything, the board of healing arts will look into it, even if the complaint is unfounded.  It is important to seek the advice of an attorney to determine what your rights and duties are.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

If your nursing license is at risk, you need the advice and counsel of a highly experienced professional license defense attorney practicing law in both Kansas and Missouri.  Facing disciplinary action with the Kansas or Missouri Board of Healing Arts can leave you stressed out and unsure if you will lose your professional license.  Danielle Sanger of the Sanger Law Office is in a unique position to help you keep your nursing license.  Being a former prosecutor, Danielle Sanger can predict what you may be facing and will use this experience to provide you with the best representation possible.  To learn more, contact the Sanger Law Office today at 785-979-4353 to schedule your free initial consultation with Danielle Sanger.  You may also contact us or online and we will respond to your inquiry as soon as possible.

The Importance of Speaking With an Attorney If You Are Facing Disciplinary Action

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Most people understand the importance of waiting to speak with an attorney before communicating with police if they have been suspected of, or charged of committing a crime.  This rule of thumb also applies in the professional licensing context.  If you say something after being accused of misconduct, what you say could be used against you in disciplinary proceedings, and what you say could lead you to lose your professional license in Kansas or Missouri.

What Should I Do Once I Receive Notice That My Professional License is at Risk?

The second you become aware that your professional license is at risk, you should immediately seek the advice of a professional license defense attorney.  You may think that because you are innocent and should not be subject to possibly losing your professional license, that there’s no need to retain legal counsel.  While you may believe there’s no chance you could face disciplinary action and lose your professional license, you need to be prepared for what your governing licensing board will say and do.  A professional license defense attorney will prepare you for everything you may be facing and what happens during a disciplinary proceeding.

As mentioned briefly above, it is imperative that you speak with an attorney BEFORE speaking with anyone else.  This includes absolutely any person, including family members, friends, patients, co-workers, and anyone else.  Even if you believe other people will keep your information confidential, there can be no guarantee of this.  An attorney has a duty to keep what you say confidential as attorney-client communication.  You can be rest assured that a qualified professional license defense attorney will not disclose your private information.

What Happens After I Speak With an Attorney?

What occurs after you seek legal counsel is different for every person, as each person’s situation carries with it unique facts.  Your attorney may determine that there is very little evidence that you committed any wrongdoing, and therefore your professional license is unlikely to be taken away from you.  However, if your attorney is concerned that there is some evidence that could lead a disciplinary board to consider taking your professional license away, your attorney will begin to prepare a defense on your behalf and advocate for you as to why you should not lose your professional license.

What About the Cost of Retaining an Attorney?

Retaining legal counsel often brings a cost as an attorney must be compensated to provide the best legal representation possible.  However, a skilled and ethical attorney will provide outstanding legal services at a reasonable cost.  Remember, it is more important to retain your professional license than to suffer the consequences of possibly never being able to work as a physician, attorney, veterinarian, physical therapist, or any other profession requiring a license in Kansas or Missouri.  The sooner you seek legal counsel, the better, and during this time of representation, worrying about the cost of representation should not be your biggest concern.

The Sanger Law Office Provides You With a Free Consultation to Discuss Your Case

If you are facing disciplinary action from your governing professional licensing board, and you believe your professional license may be at risk, you need to speak with experienced legal counsel as soon as possible.  At the Sanger Law Office, Danielle Sanger, with her experience as both a prosecutor and professional license defense attorney, will evaluate all facts of your case and provide you with an honest opinion as to how you should go forward.  This advice is offered during an initial free consultation.  It may turn out that the likelihood that you will face disciplinary action or lose your license is low, but you will not know this until you speak with an attorney.  To schedule your free consultation with Danielle Sanger at the Sanger Law Office, contact us today by calling 785-979-4353, or you may contact us online and we will call you right away.

Professional Responsibility for Attorneys in Kansas and Missouri – The Continuing Duty to Disclose

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Obtaining your law license is no easy task.  You have taken the time to acquire an undergraduate degree.  You have spent three more years of your life in law school.  And you have taken a grueling summer to prepare for the hardest examination of your life – the all familiar bar exam.  After earning a well-deserved law degree and license to practice law, one small mistake could wipe it all away.  Mistakes happen, small and large.  Many attorneys do not realize the importance of reporting and disclosure requirements – a continuing duty that lasts as long as you are an attorney.

In both Kansas and Missouri, the character and fitness process of disclosing prior conduct, whether such conduct resulted in a criminal charge or conviction, or whether past conduct resulted in a perceived character flaw, is essential to obtaining a law license.  The range of conduct and information that disciplinary boards want to know about is far reaching, and many people may consider some conduct to be so insignificant that it would not be worth sharing.  This slight mistake could cost you your law license.

For example, maybe you cheated on one law school examination and did not disclose this to the disciplinary board in your state.  If the board finds out about this conduct after you have obtained your license, you are at a significant risk for losing your law license and it may be difficult, if not impossible to get the license back.

While full disclosure is of utmost importance in the application stage of obtaining your law license in Kansas or Missouri, disclosure of conduct that occurs after you obtain your license is equally important.  Maybe you were accused of harassment or charged with driving under the influence of alcohol or drugs.  Even if you may be innocent of either accusation, you still must disclose that you are the subject of some investigation.  When in doubt, it is best to disclose to the disciplinary board of your state.  The board is more likely to look at your case more favorably should an investigation result in an affirmative charge or conviction.

Further, the conduct at issue may not be intentional.  Perhaps you accidentally commingled client funds with your own funds.  The first thing you should do is remedy the situation by informing your client and your state’s disciplinary board.  You will be given the opportunity to explain yourself.  Mistakes happen, but you must be honest and eager to fix them.

Accidental conduct that is not reported could be deemed to be intentional conduct if your state’s disciplinary board were to receive a complaint from a client.  At that point in time, you may have a much more difficult time convincing the board that you made a simple mistake.  Be on the safe side and report any conduct that may, even with a slight chance, result in disciplinary action.  Don’t lose your law license for a minor mishap.

If you believe your law license is at risk, or you are unsure of whether you need to report conduct to your state’s disciplinary board, contact an experienced professional license defense attorney as soon as possible.  At the Sanger Law Office, Danielle Sanger and her team will provide you with the representation you need to protect your law license.  Even if a complaint has not been filed against you, it is best to get the advice of a qualified professional license defense attorney who will ensure you take the proper steps to preserve your hard-earned license as an attorney.  Contact the Sanger Law Office today for a free consultation to discuss your situation.  We can be reached by calling (785) 979-4353.  We look forward to helping you continue the practice of law for years to come.

Improper Prescribing Practices in Kansas – The #1 Reason for Being Subject to Disciplinary Action

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The pharmaceutical industry is booming.  Physicians are prescribing patients with a variety of medications today to treat an array of health issues, ranging from minor allergies to severe anxiety disorders to pain management.  Most Kansas citizens have at least one prescription medication and many have multiple prescriptions.  While there are patients who are in need of medication, many physicians are over-prescribing and allowing patients to take medications they may not really need.

The Kansas State Board of Healing Arts takes improper prescribing very seriously.  Physicians are often disciplined for their prescribing practices and are at risk for losing their licenses to practice medicine.  In fact, overprescribing is the number one reason physicians are disciplined in Kansas.  Physician prescribing practices are under a close microscope and physicians must be extremely careful in how they prescribe medication and to what patients.

Selling pharmaceuticals is a big business.  It is not surprising that many physicians feel the need and pressure to prescribe particular medications.  Pharmaceutical drug representatives encourage physicians to promote their company’s drugs.  The drive for generating revenue in the pharmaceutical industry has spilled over into the physician-patient relationship.  You want what’s best for your patient, and when there’s a medication for most ailments today, it is difficult to end a patient appointment without giving that patient a prescription for some medication.

There are many reasons to be wary of what you prescribe to patients and how often.  Addiction is a big problem that many patients suffer from and this typically involves the use of pain medications, but not always.  Any medication that may impair a patient’s ability to function that is potentially addictive can have severe consequences for both the patient and you, as the physician.

For example, if you believe a patient has an addiction to pain medication yet you continue to prescribe the medication, and the patient ends up harming a third-party in a car accident or other altercation, the patient may place the blame on you for giving the patient a medication that you know the patient is addicted to.  Obviously, you did not directly harm the victim of the car accident.  However, the patient may look to blame anyone else but him or herself.  This may result in the patient filing a complaint with the Kansas State Board of Healing Arts, and before you know it, you are the subject of an investigation.

Further, pharmacies are now keeping track of controlled substances that are being prescribed.  This tracks not only the patient’s use of the drugs, but the physician who is prescribing the controlled substance.  This may alert the Kansas State Board of Healing Arts that you are a physician that prescribes particular medications on a regular basis to many different patients.

With the technology today, you, as a physician, should assume that every move you make is being tracked.  You should use your best judgment as a medical professional and prescribe medication when you believe your patient truly needs it and the medication is the best of any option for treatment.  But, if you find yourself prescribing medication for nearly every patient, and especially prescribing any medication that may alter or impair a patient’s behavior, be aware that you may be subject to disciplinary action and your medical license could be on the line.

If you are a physician who has received a notice of potential disciplinary action due to improper prescribing practices, or if you want advice on what constitutes proper prescribing practices, contact an attorney experienced in the field of defending licensed professionals.  Danielle Sanger of the Sanger Law Office has the knowledge, drive and expertise to defend you and help protect your medical license in the state of Kansas.  The Sanger Law Office will provide you with a free consultation.  Contact our office today to schedule an appointment by calling (785) 979-4353.  Danielle Sanger will help you understand your responsibilities for practicing medicine in Kansas.

The Ethical Dilemma for Plaintiff’s Attorneys in Kansas and Missouri – Paying for Your Client’s Medical Care

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Most plaintiff law firms offer services on a contingency fee basis.  Therefore, if a client does not win his or her case, the law firm does not make any money from work performed on that particular case.  Today in the area of mass torts, where law firms acquire thousands of clients for one particular type of cause of action (often in the area of defective drugs or devices), clients are in need of medical care that is costly and not affordable.

Whether you practice law in Kansas or Missouri, you are subject to the same rules regarding payment for medical care your clients may need.  As a general rule of thumb, you cannot use firm funds to pay for a client’s medical care.  An exception arises where a client needs a consult with an expert and this consult is essential to establishing causation in a particular case.  Even then, the lines are blurred as to what is acceptable under the state rules of professional conduct.

A new dilemma is on the horizon where clients involved in mass tort litigation have procedures done that strengthen their causes of action against the manufacturer of particular drugs or devices.  In the case where a particular medication is alleged to cause heart-related injuries, it may be found that clients who must undergo heart surgery that stems from the use of the drug, are more likely to obtain greater compensation than those clients who do not need to undergo surgery.  The situation is the same for clients who may need surgery to address a defective hip or knee implant.

If you are a plaintiff’s attorney practicing law in the area of personal injury, medical malpractice, or mass torts, you know all too well that clients will call asking for assistance in paying for medical care.  You also know that you are not ethically authorized to assist in payment.  But what you may not know is that you could be at risk for discipline if you steer a client in a particular direction for obtaining needed financing to cover the cost of medical care.

There is an abundance of settlement and pre-settlement lending companies out there that are enticing clients to seek help by obtaining a loan.  As this industry expands, question marks will be raised as to whether or not it is ethical for attorneys to refer their clients to particular lending companies.  As of right now, it is unclear whether or not attorneys can direct clients to obtain pre-settlement or settlement loans to cover the cost of medical care that may help the client’s case.  An attorney may genuinely want to help his or her clients receive necessary medical care, however, if the medical care is found to increase the value of the client’s claim, there may be a legitimate argument that attorneys are encouraging their clients to receive medical care only to strengthen their legal claims.

If you are a plaintiff’s attorney and you are concerned about whether or not you may be subject to discipline for referring your clients to pre-settlement and settlement lending companies, you need the advice of a professional license defense attorney who can counsel you on your ethical responsibilities.  Contact the Sanger Law Office for a free consultation by calling (785) 979-4353.  Danielle Sanger will advise you on what conduct may lead you to lose your law license.  Don’t take the risk that you will be free from disciplinary action simply because the rules are unclear.  Contact our office today before you take action that may compromise your career as an attorney.

Supervision Requirements for Veterinary Technicians Performing Dental Procedures in Kansas

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Veterinary Technicians (VTs) are educated and experienced individuals who may be able to perform dental procedures on animals, such as teeth cleaning, with little or no assistance from anyone else.  As veterinarians become busy, they may leave many responsibilities in the hands of their trusted VTs.  While many VTs are competent to perform dental procedures without supervision, licensed veterinarians open the door to potential misconduct and liability for failing to adequately supervise VTs during dental, and other veterinary procedures.

In Kansas, as in all states, VTs are allowed to offer veterinary services and perform certain procedures but can only do so with supervision of a licensed veterinarian.  Veterinarians in Kansas must adhere to a strict set of standards in order to maintain their license to practice veterinary medicine.  A huge responsibility licensed veterinarians have is to properly supervise VTs and other veterinary staff.

Like most doctors’ offices today for people, veterinary offices are extremely busy and often short-staffed in terms of the number of licensed veterinarians available to see patients and perform procedures.  It becomes all too easy to rely on qualified VTs to see patients and perform procedures in place of licensed veterinarians.  For example, on a very busy day, a VT may be performing a dental procedure while the only licensed veterinarians on hand are seeing patients.  If those veterinarians are busy seeing patients, who is supervising the VT during the dental procedure?

Licensed veterinarians in Kansas must be aware that at no time can a VT be left alone when performing a procedure.  This will require veterinarians to put some patients on hold so that a VT can be adequately supervised.  This may upset some patients for having to wait longer to see a veterinarian, but compliance with all rules and regulations promulgated in the state of Kansas take precedence over ensuring patients are not frustrated with a little extra wait time.

As a licensed veterinarian in the state of Kansas, you likely have been in the situation where there simply aren’t enough veterinarians in your office to supervise all VTs while procedures are being performed.  It is no easy task to properly comply with all rules and regulations.  But, the one time you may leave your VT alone during a dental procedure could be the time when error occurs that may have been prevented had there been proper supervision.  The chance of error may be so low that you feel the benefit of leaving the VT alone outweighs the cost of you making a patient wait an extra thirty minutes.  In any professional field that requires a license, no rule is minuscule, especially rules regarding supervision of lower level employees and professionals.

If you are a licensed veterinarian or a veterinary technician and you are the subject of a complaint, or if you simply want some guidance on the rules regarding supervision, contact the Sanger Law Office today.  Danielle Sanger is a professional license defense attorney with experience on both the side of prosecuting professionals for misconduct and defending professionals to help them keep their licenses.  Contact the Sanger Law Office for a free, confidential consultation, by calling (785) 979-4353.  Danielle Sanger will defend your veterinary license by investigating your case thoroughly and ensuring that your rights are protected.  If you simply are concerned that you may not be in compliance with the supervision rules of veterinary practice, Danielle Sanger can advise you on how to effectively supervise your veterinary technicians during dental, and other procedures in your office.  If you are unsure of whether or not you are following the rules, contact us today before a small mistake strips you of your veterinary license.

Kansas Real Estate Appraisers: The Powers the Board Has Over Your License

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In the State of Kansas, real estate appraisers are licensed by the Kansas Real Estate Appraisal Board. Not only does the Board manage the licensing and registration of real estate appraisers, it also functions to protect persons and entities that utilize real estate appraisers. As such, the Board has a broad range of actions it can take when a licensee engages in prohibited conduct. The following are the some of the disciplinary measures available to the Board:

  • Warning: Issuance of a warning or taking other correction action. This is the least severe sanction used by the Board.
  • Official reprimand: An official reprimand is more severe of an action than a warning, but does not involve any fines, corrective actions, nor does it place any restrictions on the licensee’s license.
  • Additional Education: If the Board feels that the licensee requires education or training, the Board has the power to order the licensee to complete the education within a given amount of time.
  • Fines: The Board can order that the licensee pay a monetary fine.
  • Probation: Probation places restriction(s) on the licensee’s licensee for a set period of time.
  • Downgrade: In the case of a downgrade, the licensee has a reduction in the allowed scope of his or her scope of practice, which occurs through a reclassification of the appraisal credential.
  • Suspension of License: When a licensee has his or her license suspended, the licensee loses all of the rights and privileges associated with the license for a specific period of time. A suspension can also be made contingent on the licensee completing some other disciplinary measures such as payment of a fine or completion of education classes.
  • Revocation of License: Unlike a suspension, a revocation of the licensee’s license is permanent and is the most severe form of discipline that the Board can issue.

Certain disciplinary measures are made known to the general public. The Board publishes a list of the licensees who have received any fines equal to or excess of $500, any limitations on a license, any conditions that require the licensee to comply, suspensions, and any revocations.  These are listed both on the Board’s website and in its newsletter. Disciplinary actions published on the Board’s website will remain on the site for a period of three years following the licensee’s successful completion of education or expiration of all fines, penalties and conditions. The names of licensees who have had a license revoked will remain on the website indefinitely. The Board does not publish the names of licensees who are censured or who received fines under $500.

If you are a real estate appraiser who has received notice of a pending investigation, contact the Sanger Law Office today. Before you talk with an investigator or communicate with the Board, take the time to meet with an experienced professional license defense attorney. Danielle Sanger and the seasoned professionals at the Sanger Law Office will work diligently to protect your license. Call 785-979-4353 today, to schedule your free and completely confidential consultation.

Kansas Veterinarians: Are You Putting Your Professional License at Risk?

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The Kansas Board of Veterinary Examiners (Board) is the licensing agency for Kansas practitioners of veterinary medicine. The mission of the Board is not to protect its licensees, but rather, to protect the public’s health, safety and welfare as it relates to the practice of veterinary medicine. Licensees who fail to meet the professional conduct standards risk the Board taking disciplinary action. Disciplinary measures can range from a reprimand to a revocation of the practitioner’s license. The following are some of the most common acts that have put a veterinarian’s license at risk:

  1. Cruelty or inhumane treatment of animals: A licensee who is found to have provided any animal with cruel or inhumane treatment may not only face state criminal charges, but may also risk losing his or her license.
  2. Practicing without a license: A licensee can find oneself in hot water if he or she does not timely renew his or her license. A licensee who continues to practice veterinary medicine with an expired license is in fact practicing without a license. It is always a good idea to mark your calendar so you do not miss the deadline to renew your license.
  3. Controlled Substance Abuse: A licensee struggling with alcohol or drug addiction risks not only providing substandard care to his or her patients, but also increases the chances of having his or her license suspended or revoked.
  4. Any Felony Conviction: Even if the felony is not related to a licensee’s practice, a conviction can be cause for the Board to take disciplinary action against the licensee.
  5. Creating unreal or unjustified expectations: In the world of veterinary medicine, there is a fine line between being optimistic about a patient’s perceived success rate based on a certain course of drug therapy or after a surgical procedure and creating unjustified expectations for the client. Promising a cure or a specific result can lead to disappointed clients and subsequent complaints made to the Board.
  6. Extending the practice of veterinary medicine to humans: Recently a licensee in another state was charged with providing medical care to humans. Of course, a licensee is free to provide emergency care or first aid to persons, but a licensee’s practice must be limited to animals.
  7. Drug or substance abuse related convictions: Conviction of more than one misdemeanor or for any felony conviction that involves use or consumption of a controlled substance for a non-medically related purpose is considered to be “unprofessional conduct” and can subject a licensee to discipline.
  8. Providing animal with drugs for a non-medically sound reason: Causing an animal to receive a controlled substance for solely training, showing or racing purposes is a violation of the professional ethics.

If you have received notice from the Kansas Board of Veterinary Examiners that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353. The Sanger Law Office will work with you to make sure that you understand your rights and that everything necessary is done to protect your license. Call the Sanger Law Office today to schedule your free and completely confidential consultation.

Kansas Respiratory Therapists: Know What Actions Could Cost You Your License

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The Kansas Board of Healing Arts (“Board”) is the licensing authority for many different healthcare professionals in the state of Kansas, including respiratory therapists. In addition to licensing respiratory therapists, the Board also functions to protect the health, welfare and safety of the general public from wrongdoings by a respiratory therapist. Conduct by a licensee that endangers the public is likely to be deemed “unprofessional conduct”. Unprofessional conduct can refer to a multitude of actions that are unbecoming to the profession. Such actions can result in a respiratory therapist having his or her license revoked or suspended and receiving public or private censure. Additionally, the Board also has the power to fine a licensee for each violation, which can be up to $5,000 for a first violation and $15,000 for a third violation. The most common examples of actions that are deemed to be unprofessional conduct, include the following:

  • Conviction of a felony: A felony conviction can result in a licensee receiving discipline by the Board if the conduct which resulted in the felony is determined by the Board to directly impact whether the licensee can be entrusted to continue as a respiratory therapist.
  • Drug and/or alcohol addiction: Being addicted to alcohol and/or illegal or prescription drugs or any other substances, can not only interfere with a licensee’s ability to properly perform his or her job duties, it is also considered to be unprofessional conduct. If you are a licensee who is struggling with addiction, you need to seek assistance as soon as possible.
  • Making false or misleading statements to a patient: Examples of such statements include:
    • representing to a patient that an incurable disease or medical condition can be cured through treatment(s);
    • using advertising that is deceptive; and
    • misrepresentation of licensee’s skill level.
  • Charging improper fees: A licensee risks disciplinary action by the Board if a licensee is found to have charged a patient a fee that is excessive or if the licensee obtains a fee through fraudulent acts.
  • Physical or sexual abuse or mistreatment of a patient: Acts of sexual misconduct are not only criminal in nature but also are in violation of a licensee’s professional code of conduct. A licensee can also endanger his or her licensee if he or she provides respiratory therapy to a patient without that patient’s consent (or the patient’s legal guardian). In some jurisdictions, this type of action is also grounds for a criminal charge of assault.
  • Failure to keep proper patient documentation: It is imperative that all licensees maintain detailed records that justify the course of treatment for each and every patient. Failure to do so can be grounds for disciplinary action by the Board.

As a respiratory therapist you worked hard to obtain your license. If you are facing disciplinary action by the Kansas Board of Healing Arts, contact the Sanger Law Office today at today at 785-979-4353 to schedule your free and completely confidential consultation. We at the Sanger Law Office understand how it feels when your livelihood comes under attack. Trust the knowledgeable and professional team at the Sanger Law Office to provide you exceptional legal services.

Kansas Doctors of Optometry: 9 Ways to Endanger Your Professional License

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In Kansas, doctors of optometry or “optometrists” as they are commonly known, are licensed by the Kansas Board of Examiners in Optometry. The Board’s purpose is not only to license professionals but also to ensure that the general public is protected. Each year, optometrists are disciplined as the result of actions that violate the profession’s code of ethics. The following are some of the most common mistakes that in the discipline:

  1. Professional Incompetence: Although this is a broad area, licensees who fail to adhere to the standards of care required by the Board are considered to be negligent. Negligent conduct whether “ordinary” or “gross”, subjects a licensee to disciplinary action.
  2. Misconduct: Any misconduct, sexual or exploitive, in connection with the licensee’s practice of optometry is grounds for discipline.
  3. Failure to Obtain/Maintain Insurance: Pursuant to Kansas law, licensees must maintain professional liability insurance, which includes paying the monthly fee on a timely basis.
  4. Failure to Provide Patient with Prescription: In Kansas, it is against the law for a licensee to not provide a patient with his or her written prescription for eyeglass lenses after the completion of an eye exam.
  5. Controlled Substance Abuse: Each year medical professionals across the country are disciplined for prescribing, purchasing, selling or administering prescription drugs for illegal purposes. If you have a substance abuse problem, seek help immediately. Failing to obtain necessary treatment places your license and your livelihood in jeopardy.
  6. Fraud: A licensee who has used or permits fraudulent or false advertising is subject to discipline. Any conduct that is deemed to deceive, mislead or harm the public is prohibited.
  7. Unauthorized Practice: A quick way to find yourself in hot water with the Board is by allowing your professional license to lapse. Failure to timely renew your license may mean you are practicing optometry. This can lead to revocation or suspension of a licensee’s license and/or censure of the licensee.
  8. Felony Conviction: A licensee who is convicted of a felony is subject to discipline, including loss of license, regardless of whether the felony was related to the licensee’s professional practice or duties. It is important for all licensees to be aware that in Kansas, a third DUI conviction in many instances is a felony.
  9. Failure to Comply with the Board Requirements: Licensees often find themselves not knowing what to do when the receive notice of a pending investigation by the Board. However, failure to comply with certain Board demands or follow Board rules can be reason alone for discipline. This is why is it is important to seek the counsel of an experienced professional license defense attorney immediately.

If you have received notice from the Kansas Board of Examiners of Optometry that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353. The professionals at the Sanger Law Office understand that your professional license is more than just a piece of paper, it is your livelihood. Do not delay. Call the Sanger Law Office today to schedule your free and completely confidential consultation.