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.

 

Mandated Reporting: One Kansas Teacher’s Tragic Misstep

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Teachers arguably have one of the most important jobs in the country—they educate our nation’s children. Although teaching can be rewarding, it can also be quite challenging. We rely on teachers to serve as mentors to and carefully watch over and guide students. However, Kansas teachers are more than just educators, they are also “mandated reporters”.  As such, teachers are required by Kansas law to report any suspected abuse of a child. Failing to do so could result in the loss of a teaching license. Recently, one Kansas teacher learned this lesson the hard way—by losing her teaching license and her career, despite the fact that she was a 17 year teaching veteran. This event should serve as a reminder to all teachers that vigilance is necessary to protect a teaching license.

In April 2012, a Wichita elementary school teacher surrendered her teaching license to the Kansas State Board of Education. The teacher was accused of not promptly reporting an incident of suspected child abuse. By a 6-2 vote, the Kansas Board accepted the teacher’s surrender and revoked her teaching license. However, there was quite a bit of public controversy surrounding the Board’s decision.

A local newspaper wrote that the teacher did in fact report her suspicions of abuse to the principal and a social worker at her school, but made the report more than a week later due to a technical problem with her computer. One Board member who voted against revoking the teacher’s license commented that he thought that the Board’s decision was “an absolute atrocity”.  He was not the only one to speak out against the Board’s decision. Several former teachers indicated that the decision to make a report is never clear-cut. Specifically, they pointed out that teachers are often afraid to make a report, fearing that if they are incorrect, things will become worse for the child.

Accordingly, Kansas law provides that if a mandated reporter has a reason to suspect that a child has been or is currently being harmed as the result of physical, mental, emotional or sexual abuse, he or she must “promptly” make a report to the Kansas Department of Social and Rehabilitation Services.

Although all teachers in the state of Kansas are deemed mandated reporters, each school district may have their own unique policies with regard to reporting.  For instance, in Wichita, the school district’s policy provides that teachers are required to report suspicions of abuse to state officials on the same day the suspicion first arises.

In light of the above, teachers as well as other mandated reporters not only risk their professional license if they do not comply with the aforesaid reporting duties, but could also face criminal penalties. In Kansas, a mandated reporter’s willful and knowing failure to report suspected child abuse is a Class B misdemeanor and could result in fines up to $1,000 or up to 6 months in jail.

If you are a teacher facing an investigation by the Kansas Education Board you need an experienced attorney on your side. I invite you to contact the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. Trust the seasoned professionals at the Sanger Law Office to protect your teaching license and your livelihood.

Safeguard your Kansas Dental License: Avoid these Six Misdeeds

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In April 2013, an Oklahoma dentist made headlines when it was reported that more than 60 people who had visited his practice over the years had tested positive for HIV or hepatitis. The dentist now faces a formal hearing before the Oklahoma Dentistry Board for using rusted equipment that was not properly sterilized and also, reusing syringes. The dentist has surrendered his license but may also face criminal charges. This case is a clear-cut example of behavior that warrants loss of license, but there are other cases that aren’t quite as black and white. To safeguard your dental license, here are a number of misdeeds that you should avoid:

  1. HIPAA Violations: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects patient’s private health information from being improperly shared. In order to protect your license, make certain that your staff members are well trained and understand their responsibilities with respect to HIPAA and other relevant laws.
  1. Drug and Alcohol Abuse:  Drinking and driving is not only a dangerous combination but it can also jeopardize your dental license. The Kansas Dental Practices Act prohibits any behavior that it deems to be detrimental to the general public’s health, safety and welfare. The Act further allows the Board to discipline any licensee that habitually uses intoxicants or drugs that render the licensee unfit to practice. This also, of course, includes performing dental work while under the influence of drugs and/or alcohol.
  1. Conviction of Certain Crimes: Pursuant to the Dental Practices Act, a licensee that is convicted of a felony or misdemeanor involving “moral turpitude” is subject to discipline if the licensee has not shown that he or she has since been rehabilitated as to warrant the public’s trust. Crimes of moral turpitude include fraud, blackmail, extortion, forgery and any violent crime.
  1. Failure to Maintain Current Information with the Board: To avoid any problems, confirm that your information is up to date with the Board. This includes making sure that licensing fees are paid and that you have met the continuing education requirements, which includes obtaining a current CPR certificate.
  1. Patient Mistreatment or Abuse: Patients, regardless of their race, ethnicity and religious beliefs, must be treated with the highest professional care. Discrimination against any patient on one of these grounds is cause for discipline.
  1. Employment of Unlicensed Professionals: A licensee needs to be responsible for his or her own behavior but also must be watchful in who they employ. Allowing an unlicensed or clearly unqualified person to engage in the practice of dentistry or dental hygiene can subject the licensee to a multitude of disciplinary measures.  Before hiring anyone, confirm that their license is in good standing and that they are qualified to practice. 

If you are facing an inquiry by the Kansas Dental Board Call the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. Your dental license is not just a piece of paper, it is your career and livelihood. Nobody understands the importance of your professional license than the Sanger Law Office. Trust our team of experienced professionals to defend your license and protect your reputation.

Defending Your Kansas Professional License: Frequently Asked Questions

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A professional license shares a lot of important characteristics with a marriage. Both require substantial effort and are expected to last forever. Learning that a complaint has been filed against your professional license however, can be just as unwelcome as an interloper’s presence in your marriage. Receiving notice from a licensing board that a licensee is being investigated for misconduct can feel like a devastating blow. Much like a spouse receiving divorce papers, most licensees do not have a plan in place to react to these issues and thus, are not prepared to handle an investigation. If you have received notice that you are being investigated, you are bound to have many questions. The most common questions licensees ask regarding the investigation process are as follows:

  • Do I need to hire an attorney?  The simple answer to this question is “no”– an attorney is not required. But then again, do you “need” your license? An experienced professional license defense attorney will not only provide you with valuable insight and assistance throughout the process, he or she will also bring to the table an unbiased opinion. An investigation can be a nerve-wracking experience for a licensee. A review board is not looking out for you and your best interests. This is where an attorney can add the most value. Specifically, the experience of an attorney in handling similar cases will not only give you peace of mind but also help you obtain the best possible outcome. An attorney will also ensure that you are making the best decision for you and your professional future and not based on current emotions.
  • What can I expect to happen? The investigation is usually the first step that a board takes when determining whether the licensee committed any wrongdoing. Depending on the board, this process can be quite lengthy and typically a licensee is not privy to any discovery that is conducted in his or her case. After the initial investigation, a board can decide that there is not enough information to proceed and close the case. A board can also choose to bring more formal charges, sometimes referred to as a “petition”. In other instances, the board may issue a fine or reprimand or even require the licensee to take rehabilitative type classes before they can resume their practice.
  • Do I need participate in the investigation? Oftentimes, licensees find themselves in a position where he or she wants to “help” the investigation. Most licensees do not realize that they do not have to participate in the process, and that many times it is in the best interests of a licensee not to participate. The investigation will proceed whether or not the licensee participates or not. Whether the licensee participates is a decision best made after a thorough discussion of the facts with the licensee’s attorney. 
  • Can I continue to practice? In many cases, a licensee can continue to practice their profession while the investigation is pending. This is usually welcome news since an investigation can take several months, or even years, to complete.

If you are being investigated by a licensing board, you have the right to be represented by counsel. Before speaking with an investigator, call the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. You can rely on the team of experienced professionals at Sanger Law Office to defend your license and protect your livelihood.

 

Kansas Medical Professionals: A DUI Could Threaten Your Career

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Alcohol abuse is a serious problem that can affect anyone, including medical professionals (including doctors, nurses, chiropractors, massage therapist, etc.). However, unlike members of the general community, medical professionals have even more at stake: they risk losing their license. It only takes one incidence for the Kansas Board of Healing Arts to open an investigation. The risks associated with driving under the influence need to be of particular concern and you need to be aware of how a DUI could impact your professional license.

A DUI is a costly mistake. A DUI can costs thousands of dollars in attorney’s fees to defend. Professionally, a DUI comes with severe penalties than can interfere with a medical licensee’s ability to practice. In Kansas, the penalties for DUI are as follows:

1st DUI Conviction—Class B Misdemeanor

  • Jail time: 48 hours to 6 months
  • Fines: $750 to $1,000
  • Mandatory Alcohol Evaluation and Counseling
  • Driver’s license suspension: 30 day to 1 year followed by ignition interlock

2nd DUI Conviction—Class A Misdemeanor

  • Jail time: 90 days to 1 year
  • Fines: $1,250 to $1,750
  • Mandatory Alcohol Evaluation and Counseling
  • Driver’s license suspension: 1 year followed by ignition interlock

Some medical professionals are not aware that in Kansas, a second DUI is considered a Class A misdemeanor. Pursuant to the rules and regulations of the Kansas Board of Healing Arts, conviction of a crime of this severity is grounds for discipline and possibly the revocation of a medical license. The Board’s authority also allows it to impose fines on its own, in addition to those fines ordered by the court.  Even a first DUI can be deemed “unprofessional conduct” by some licensing boards, depending upon the surrounding circumstances. Conduct that is considered unprofessional can lead to disciplinary action, including suspension or loss of license.

If you are charged with a DUI, you need to seek the counsel of a professional license defense attorney right away.  Even a seasoned criminal defense attorney may recommend a course of action that can unknowingly jeopardize a medical professional’s license.

Remember a DUI is completely avoidable. If you have been drinking, always air on the side of caution and take a cab or public transportation. Or if you are planning on socializing with alcohol, consider having a designated driver who can ensure you make it home safely. If you are struggling with alcohol addiction, you need to get help. Addiction is a serious ailment that if not treated, can lead to other problems at the workplace and may ultimately interfere with patient care.

If you are a medical professional who has been charged with driving under the influence or is struggling with alcohol and/or drug addiction, don’t put your career at risk.  Contact the Sanger Law Offices at 785-979-4353 for a free and completely confidential consultation. The Sanger Law Office has experience defending medical professionals from the investigation to the hearing before the Kansas Board of Healing Arts. Do not risk your license further by failing to seek knowledgeable counsel. Trust the Sanger Law Office to aggressively defend you and fight for your medical license.

Five Ways to Jeopardize your Kansas Nursing License

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Everybody makes mistakes. However, some mistakes can have dire consequences. Today, nurses are under greater scrutiny than ever before. One serious misstep may not only lead to disciplinary action; it could also jeopardize a nurse’s license. The following are some of the more serious violations that could cost a nurse his or her license:

  1. Failure to Keep Accurate Patient Records: An important task for all nurses is to update and maintain patient records. An accurate patient chart is essential in order for a patient to receive proper care. A nurse that fails to record an extra dose of pain medication is not only putting her license at risk, but is also endangering the patient’s safety and well-being.
  2. Negligent Patient Care: Nursing is a serious profession where a nurse’s action or inaction can directly impact a patient’s care. Having a chaotic night or being assigned too many patients is not an excuse for improper patient care. Forgetting to give a patient the required medication can not only land a nurse in hot water with a supervisor, but, could also seriously harm the health of a patient. Nursing boards are established in part to protect the general population.  In fact, boards take allegations of abuse and neglect very seriously.
  3. Failure to Maintain Patient Confidentiality: Nurses not only need to know and understand HIPAA, they also must understand its application in the workplace. More than a few nurses have landed themselves in trouble after using Facebook and other social media sites as a medium to vent about difficult patients.
  4. Drug Abuse: Many licensing boards require a nurse who has a substance abuse problem to seek treatment. Failure to successfully complete a substance abuse program, could result in disciplinary action and ultimately the loss of license. Most states have programs especially designed for nurses with substance abuse problems. If you have a problem, get help.
  5. Diverting Drugs from Patients: A nurse who diverts drugs from patients is not only jeopardizing his or her license, but may also face criminal charges. This dangerous mistake can start off as innocuously as a nurse who pockets a few pain pills to treat her own aching back. From there it may progress to providing medications to family members or selling pills to a friend who is without medical insurance. Taking drugs from patients is a very serious offense. Tell friends and family members to look elsewhere.  Do not put your license at risk.

If you are facing an administrative board due to an allegation of improper conduct, you need an effective nursing license defense attorney to represent you. Contact the Sanger Law Offices at 785-979-4353 for a free and completely confidential consultation. You can count on our team of professionals to aggressively defend you before the Kansas Board of Nursing.