Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Physicians Can Avoid Inappropriate Contact with Patients

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Physicians are placed in complicated positions every day.  They must touch patients’ bodies and interact with patients in full or partial undress.  They must touch patients’ genitals in the course of exams. They deal with distraught patients.  On top of all of this, they have to maintain a positive bedside manner without appearing affectionate or too jovial. This is a challenging tightrope walk, and misperceptions and missteps frequently give rise to allegations of inappropriate contact with patients.

If you are a physician in Kansas or Missouri facing an allegation of misconduct involving inappropriate conduct with a patient, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Tips for Avoiding Allegations of Misconduct for Physicians

Know when to step aside—if a patient expresses misgivings about you performing a procedure or examination because of your gender, you can tell them many things about your training and professionalism to make them feel better.  However, in that situation, it is probably a better idea to ask a physician to step in that the patient feels comfortable with.

Go out of your way to respect the patient’s privacy—make privacy one of the hallmarks of your practice.  Make sure that the patient can dress and undress in a private setting and only touch and expose the patient’s body to the degree necessary.  Before touching the patient, explain what you are doing and why and ask whether the patient consents. By making this your default manner of engaging with all patients all the time, you have developed defense if you are accused of touching a patient inappropriately.

Bring in a third party—if you are performing a particularly invasive examination, ask a medical assistant to join you in the examination room after getting the patient’s consent. Having a third party present is the best possible way to insulate yourself from subsequent allegations of inappropriate conduct.

Maintain your professionalism—Never joke about a procedure or a patient’s body.  Do not talk about other patients, even if you do not use their names.  While you may find your comments amusing, it is likely that they are unsettling to a patient, especially one that does not know you very well.

What Should You Do if an Allegation is Leveled Against You?

Do not downplay the seriousness of any employer or medical board inquiry into your conduct.  Similarly, I have seen many physicians try to “help” investigators by providing a statement early in the process—this is a massive mistake.  If allegations of misconduct arise against you, do not discuss them with anyone—not coworkers, not loved ones, and not on social media—and contact an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

As a physician, you are trained to touch patients in a consensual manner that is appropriate to the examination or treatment you are providing. Your professional conduct can be misconstrued, however, leading to allegations of misconduct. You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice when you needed it. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your medical license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Maintaining Your Nursing License While in Drug or Alcohol Treatment

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No profession is free of addiction issues. That said, with high stress, significant opportunity for injuries, and easy access to prescription medications, nursing is a profession ripe for drug and alcohol abuse. Nurses who seek treatment for their addiction should not lose their nursing licenses or suffer a suspension while they undergo treatment.  But what is the best way to both attain the treatment you need and protect your license? That is a question that requires assistance from an experienced licensing attorney, and I have written the following blog post to answer it.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Addiction is a Real Risk

While nurses know better than anyone about the risks of alcohol and drug dependence, stress, injuries, and easy access to drugs make addiction a risk that should not be underestimated. If a nurse is found to be working while suffering from addiction in Kansas or Missouri, a range of penalties could ensue, ranging from mandatory drug testing to license suspension to license revocation.  Seeking treatment for the addiction seems like a reasonable course of conduct, but it can trigger an investigation.

Keeping Your License While Attaining the Help You Need

Working with an experienced licensing attorney, you can notify your employer of a need to take leave, even just intermittent leave, to attain drug or alcohol treatment.  Your right to take this leave may be protected under the federal Family Medical Leave Act, but you will want to notify your employer in a manner that does not trigger suspicion that you have been practicing nursing while under the influence of drugs or alcohol. You will want your notification to your employer to be specific, but it must also avoid any language that could suggest that an investigation is warranted. In the end, the goal is that your employer will be on notice of your need to seek treatment, the timeframe that that treatment will require, yet will also be assured that you will be able to return to work once again as a responsible nursing professional.

As the following description indicates, you may have a challenge ahead of you. Your priority is to get sober, and it will be easier to do that knowing that your livelihood is not in jeopardy. Having an experienced licensing attorney help, you document your needs and expectations is the first step to getting your life back in order. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

If you are attaining drug or alcohol treatment, you are taking a step in the right direction and should not be penalized for dealing with your problems proactively. That said, too often nurses are punished when they admit they have a drug or alcohol problem.  You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when sought help. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your nursing license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

 

 

 

 

Kansas and Missouri Dental Licensing Attorney Danielle Sanger Discusses How Insufficiently Certified Dental Assistants Can Jeopardize Your License

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I have represented many dentists in Missouri and Kansas accused of misconduct.  Allegations against dentists frequently stem from their dental assistants’ conduct, not their own.  Specifically, dentists are alleged to have allowed dental assistants and hygienists to conduct procedures that are reserved for those holding a dental license. This is a challenging allegation for a dentist, as even if he or she was unaware of the hygienists’ conduct, that failure to adequately supervise might be yet another violation.  So the dentist is in a Catch-22—either admit to allowing the uncertified conduct or admit to failing to adequately supervise. The strategy I employ to defend against these allegations varies, but I am always at a disadvantage if the dentist has already spoken to the licensing board or its investigator or has ignored the charges. If you are a dentist and are facing an investigation, contact an experienced licensing attorney immediately.

If you are a dentist in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone

Do Not Allow Dental Assistants to Perform Tasks Above their Certification Level

Specific tasks, such as observing a dental patient under anesthesia, can only be performed by assistants with special certification.  Whether because of understaffing, poor office management, or laziness, dentists sometimes allow their assistants to handle procedures for which they are not qualified. Serious accidents and death can ensue, resulting in lawsuits against the doctor along with a potential loss of licensure.

Make it clear to your employees in writing that they are not to engage in any procedure for which they are not appropriately certified.  That sort of written policy will be a tremendous aid to your case if an employee later claims that you knew that he or she was inappropriately engaging in certain uncertified practices. Similarly, pay for your employees to attain all of the certifications you could need them to have in the course of their employment. This sort of problem cannot occur if they possess the necessary certifications.

What Should You Do if You Allegations Arise?

The worst thing you can do if allegations or an investigation arises against you is to respond.  You have probably heard the saying “everything you say can and will be used against you” on crime shows—the same thing applies here.  While you may feel that the best thing to do is to be honest and upfront when questioned by an investigator, this impulse will prove to be disastrous.  Instead, tell the investigator that “I would be happy to speak with you about any questions you may have, but will want to consult with an attorney first.”  Once you hire an attorney, do not discuss the incident or allegations with anyone other than your attorney, as those non-privileged conversations can be used in court against you as well.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

If you are a dentist in Missouri or Kansas and have received a notice of investigation, your livelihood and career are in jeopardy. You have worked too hard to attain your dental license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your dental license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Doctors Derail their Careers

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The vast majority of physicians I know enjoy long and successful careers and stand out as pillars of their communities.  But what about those that don’t?  Some physicians derail their careers with poor judgment, addiction, and deceit. I have written the following blog post to help members of the medical community how to avoid these sorts of threats to professional licensure.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Career-Ending Actions for Physicians

If you are alleged to have committed misconduct, it can mean a suspension or revocation of your license to practice medicine. You must attain experienced counsel immediately to help you through this process.  I have advised licensing boards, know how they work, and can often attain a dismissal or a significant reduction in whatever penalty you may receive. These are the most common behaviors that lead to discipline:

Self-Medication

Physicians have almost unfettered access to medications. Unfortunately, this is the most common reason for their license suspension or revocation. In recent years, the national opioid crisis has focused increased attention on physicians’ use of powerful pain medications.  If you find that you are self-prescribing these sorts of drugs and have become dependent, get help immediately.

Allowing Unlicensed Practice

Physicians are all aware of how tight margins can be in certain areas of patient care and how low repayment is from programs such as Medicaid and Medicare. Unfortunately, some physicians’ answer to this problem is to allow unlicensed professionals perform procedures that only a physician should perform. This is both fraudulent and unsafe, and physicians routinely get caught when a patient is injured, or an unlicensed employee becomes disgruntled and reports his or her former employer.

Boundary Issues

Physicians all know that they should not have sexual relationships with patients, even consensual ones. Further, everyone should know that touching someone sexually without his or her consent is sexual assault and is illegal. That said, physicians routinely find themselves in disciplinary situations because they enter into “harmless” sexual flings with clients or touch clients in ways that make them feel violated without first attaining a valid release.  Either of these issues can easily lead to a license suspension or revocation.

Failing to Disclose Past Transgressions During the Licensure Process

Doctors must be completely forthcoming when applying for licensure. In my experience, it is far better to disclose past criminal convictions, addiction issues, or other transgressions than to have this sort of conduct come to light later. As with any other field, responsibly disclosing past transgressions is difficult, but lying to cover up the transgression is usually seen as much more severe.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your conduct.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Advises Physicians: Steps to Take If You Detect Fraud

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The physicians I know are all respected members of their communities who volunteer their time, money, and skills to make their towns and cities better places. Unfortunately, we are all aware of physicians who use their medical license to bilk the public and commit fraud. While these are the minority in the medical profession, they cast a dark shadow over the rest of the field. Some of these physicians are just crooks while others turn to fraud due to drug or gambling habits. Regardless of the reason for their deception, they can bring down unsuspecting partners in their actions. But what should you do if you discover that your medical partner is engaging in fraudulent activities? Because I have helped several physicians protect their medical licenses as they reported fraud, I wrote the following blog post to describe the process.

If you are a physician in Kansas or Missouri that has detected fraudulent activities occurring within your practice, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Detecting, documenting, and self-reporting the fraud should only happen with the help of experienced licensing counsel.  Your career, reputation, and livelihood are at risk, and this is a  challenge you cannot work through alone.

Steps You Should Take if You Discover Fraud Occurring in Your Practice

Many kinds of fraud occur in medical practices. Overbilling, prescription of unnecessary procedures, and billing for procedures that were not performed are all common. If you become aware of this sort of conduct, what should you do?

First, you should contact an experienced licensing attorney immediately. You will need help documenting the fraud and navigating the self-disclosure process. It is vital that you have counsel help you through that process, as your statements to any other confidant or friend will be discoverable—public—during any subsequent investigation or litigation. You want to be able to ask hard questions and disclose uncomfortable facts without those statements coming back to haunt you later.  The only way to make those disclosures and ask those questions safely is to make them to an attorney with whom you share an attorney-client privilege.

Second, you must formally put an end to any fraudulent activity. While you may not be the provider engaged in these practices, your license is jeopardized by them. The steps you take to end the fraudulent activity should be carefully and thoroughly documented. Any overpayment should be returned.

Third, with the help of licensing counsel, you should commence a thorough investigation of any fraud and an audit of all practice accounts.

Fourth, you should carefully self-disclose your findings to either the Missouri or Kansas state offices that handle Medicare and Medicaid fraud.  Because so much of the money that comes into medical practices originates in one of these state-managed federal programs, the states have offices to deal with medical provider fraud. Once again, you must not make any self-disclosure without the help of experienced counsel by your side, or you run the risk of handing over the evidence needed to suspend or revoke your medical license.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need 

Don’t let someone else’s poor judgment result in the loss of your medical license. You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice at the moment you needed it. You need to speak to a licensing attorney as soon as you become aware that those working within your practice are committing fraud.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your medical license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Pain Medication Use Can Affect Nurses’ Professional Licenses

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Nurses face a “Catch-22” situation—they work in a bruising profession that can injure them physically but at the same time can be disciplined for using the pain medicines needed to alleviate those injuries. There is an opioid epidemic in Kansas and Missouri and part of the effort to end it has focused on the use and abuse of opioids in the medical profession.  As a result, there has been an increase in the scrutiny of doctors and nurses’ use of pain medications, even legal use, as that legitimate use is seen as a gateway to abuse and illicit drug distribution throughout the community as a whole.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct involving pain medications, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

If You Need to Use Pain Medications, Know How to Protect Yourself from Abuse Allegations

Pain medications—opioids, sedatives, and narcotics—are highly effective but highly addictive ways of treating chronic pain.  They are powerful and can impair judgment and motor skills, rendering users unable to make sound judgment and slowing motor skills.  As a society, those are not qualities that we seek in nurses.  But what steps should a nurse take when he or she legitimately needs pain medications, is taking them with a prescription and is not affected by them at work?  While there is a temptation to keep the legitimate use of pain medications a secret out of fear of employer discipline, this is not a course of conduct that I suggest to my clients.

If you are legitimately using pain medications with a valid prescription, you should disclose your use to your employer according to applicable workplace rules. You will usually also have to show a prescribing note from a pharmacist that indicates that the proper use of the medications will not have a deleterious effect on your ability to perform your job duties. That said, an employer may still choose to reassign the reporting nurse to a position that poses a lower risk to patients. While reassignment may feel punitive, it is almost always within the employer’s right.  Moreover, reassignment is far better than discipline or termination, which is what usually occurs when a nurse’s use of pain medications is discovered without prior disclosure. In this latter scenario, even a nurse that is taking these medications with a valid prescription will often be disciplined for failing to report that use preemptively.

Instead, if a nurse reports legitimate use and supplies a valid prescription that indicates that he or she is still able to practice, he or she will not be in the position of explaining why narcotics or opioids are showing up in his or her drug test results and will usually avoid discipline altogether. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your nursing license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your use of pain medications.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

Missouri Professional Licensing Attorney Danielle Sanger Discusses Social Media Pitfalls for Nurses

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It seems like almost everyone enjoys social media. Facebook, Instagram, and Twitter are all fun places to reconnect with friends, debate issues of the day, and blow off steam. But as every nurse knows, nurses must present themselves as professional to their community and to protect their patients’ privacy. While fun, social media is also a serious hazard when nurses portray themselves as unprofessional—pictures of one too many margaritas on vacation—or violate confidentiality—gripes about the third colostomy bag you had to change during your shift. Seemingly funny posts, sarcasm taken out of context, and “gallows humor” can all easily be misconstrued and lead to ethics complaints. If you find yourself facing allegations of unprofessional conduct because of social media posts, you need to contact an experienced licensing attorney immediately.

If you are a nurse in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

HIPAA Concerns and Patient Privacy

You hopefully already know that is a violation of HIPAA to share any patient information with anyone outside the medical environment, including on social media.  There have been stories in the news about medical professionals who record or photograph patients while they are sedated or asleep. Never engage in this unethical conduct.

Social media can make the line between ethical and unethical conduct less clear.  It is a smaller world than we often believe, and a comment made to your social media “friends” can easily be forwarded on to others, including patients you are treating or their family. A flippant comment on Facebook about changing a patient’s colostomy bag, even if you did not name the patient in your post, can come to that patient’s attention, raise ethical concerns, and complaints.

Unprofessional Behavior

You already know that nurses are held to a higher standard than other professions.  Pictures involving drinking, recreational drug use, or any other conduct that makes the nurse appear unprofessional and can lead to ethics complaints.  So while a simple post with a picture of your crazy night on vacation that you intended to be shared only with your friends may not seem like a serious issue, it can be taken out of context by a patient who believes you are doing that partying on the night before her surgery.

Workplace Complaints

Workplace complaints expressed on social media pose a complex problem.  You have a first amendment right to make certain statements, and federal, and state labor rights may protect your right to complain about workplace conditions on social media. Generally speaking, courts see social media as the “virtual watercooler” where employees are allowed to gather and gripe. But there are many variables at issue when it comes to workplace complaints, such as whether you are a public or private employee and whether the comment was about the workplace or patients.  Usually, public employees have more expansive rights than employees of a private employer, and while employees are generally allowed to complain about the workplace, they are typically prohibited from complaining about patients or customers.  Because this is a tricky area, I recommend keeping your privacy settings to private so that your posts are limited to those you know.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

Don’t let a poorly considered social media post mean the end of your nursing career. You have worked too hard to attain your nursing license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your nursing license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides an Overview of Licensing Boards

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Many people come to my office holding a notice from a state licensing board, and their first questions usually involve the powers and protocols of that board. As a result, I receive many questions regarding licensing boards, such as why they exist and what are the scope of their powers. I have written the following blog post to answer those questions.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

The Constitution Protects Your Property Interest in Your License

The U.S. Constitution’s Fifth Amendment prevents the state from taking your “life, liberty, or property” without due process of law. You have a property interest in your license; while it is not a piece of land or a house that you pay for, it is an object that you invested time and money into attaining.  Accordingly, the state cannot take or diminish that property—your license—without due process of law.

There are a tremendous number of settings where the state has to provide due process. If the state is going to take your life using the death penalty, there are extensive court requirements, including the right to a jury trial and appeals. Similarly, if the state is going to take your liberty by putting you in jail, you will have hearings and a trial first.  But if the state is going to suspend your professional license, a less onerous deprivation, it usually delegates the due process hearing to an administrative body.  That administrative body develops expertise in the areas it is charged with regulating and bears responsibility for disciplining members of a professional group.  The administrative body is the state licensing board.

Due process is often associated with courts and legal proceedings.  But the licensing board does not have to take you to court to suspend your license or to impose other discipline. For the licensing board to impose discipline, the due process requirements are relatively straightforward—the state must provide you with notice of the allegations against you and any penalties that may be imposed as a result; the state must provide you with an opportunity to review the information being used to support those allegations; and the state must provide you with a chance to state your argument in opposition to the allegations against you.

Accordingly, in both Kansas and Missouri we have licensing boards that govern all of each states’ licensed professionals.  They set standards for attaining licenses, establish criteria for maintaining a license and investigate and discipline license-holders who may have fallen short of licensing requirements.  If a license holder disagrees with the licensing board’s decision, those decisions may be appealed to the courts, all the way to the state supreme court, for further review.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Asks: Is Your Real Estate Assistant Putting Your License at Risk?

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Real estate agents are respected members of the Kansas and Missouri professional communities.  But like any other professionals, real estate agents have to maintain good standing with their licensing agency if they want to continue their career. In particular, I have seen cases recently where realtors either fail to supervise their assistants or allow their assistants to have too significant a role in transactions. Either type of activity can result in discipline for the supervising realtor.

If you are a real estate professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Failure to Supervise and Allowing Unlicensed Activity

One of the realities of being a real estate agent is that there is way more work than there are hours in the day to perform it all.  As a result, successful realtors frequently hire real estate assistants who perform more run of the mill aspects of the work so that the realtor can devote time to focusing on getting new business and closing the big deals.  While this sort of division of labor results in significant efficiency and economies of scale, it can also result in ethical violations that can cost the supervising realtor his or her license.

Realtors frequently find themselves in hot water when they do not supervise their employees’ creation of promotional materials, contact with clients, and other duties. Whether knowingly or not, employees become empowered, take on more complex tasks, and begin performing duties that only a licensed realtor is allowed to perform.  This results in two types of license problems, failure to supervise and allowing the unlicensed activity.

As a real estate professional, you know that there are certain activities that only someone holding a real estate license can engage in.  In a failure to supervise case, the state alleges that a realtor’s subordinates engaged in behaviors reserved for realtors and that the licensed realtor failed to prevent this behavior. Similarly, an unlicensed activity case alleges that a realtor allowed those working for him or her to engage in professional activities reserved for licensed realtors. Here is a list of activities that are generally prohibited for real estate assistants, and that are frequently the cause of licensing issues for their supervisors: showing properties, hosting open houses, explaining listings or contracts to buyers or sellers, negotiating, conducting or gathering business on behalf of a realtor.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your real estate license to lose it because you failed to attain professional legal advice in a timely fashion. Reviewing the allegations against you, getting your evidence in order, and deposing witnesses are just a few of the important tasks a licensing attorney will perform to best position you to avoid any sort of discipline.  I also have tremendous experience working with licensing agencies and can negotiate an agreeable penalty if no successful defense is available. Contacting an experienced licensing attorney can mean the difference between getting back to helping your real estate clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your real estate license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How a DUI Can Affect Your Teaching License

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In our society, those who work with children are held to an extremely high standard. The standard is so high that a teacher will often get into licensing or employment trouble for behavior that would have little or no effect on a doctor, lawyer, or engineer. Whether this is fair or unfair is beside the point—it is a fact of life.  As a result, teachers often worry what the effect of a DUI will be on their careers.  If you are an educator here in Kansas or Missouri who has been charged with driving under the influence, call attorney Sanger today at 785-979-4353 to schedule a free consultation.

The Effects of a DUI Will Depend on Several Factors

DUI is the most common criminal offense committed by educators.  While it is a common offense, the effect of a DUI on your career varies widely and will depend on many factors—the circumstances surrounding the DUI, where you are in your teaching career, and whether you have had other DUI’s in the past.

Not all DUI cases are built the same. If you receive a DUI on the weekend and are just over the legal limit for driving, the arrest does not necessarily suggest that drinking is affecting your classroom performance.  On the other hand, if you receive a DUI charge while driving to or from work, it indicates that your drinking may be affecting your classroom performance.  In the latter scenario, expect employer and state scrutiny. Finally, a DUI that suggests that you have or would endanger children—such as a DUI while driving a summer camp van—is likely to be particularly problematic.

Your professional teaching status will affect how a DUI charge impacts your career. If you are an aspiring teacher, you may now have a DUI charge come up on every background check. If the circumstances of your DUI show poor judgement or severe disregard for public safety, it may become an issue with the state licensing agency and will likely be seen as a problem by employers. You will have to be prepared to address the issue with state investigators and prospective employers forthrightly.  You will need to have a strong body of evidence that suggests that this was a one-time occurrence to defuse notions that you are not fit to teach.

If you are already a teacher but are not tenured, a DUI may reflect poorly on you and may influence the tenure process in subtle or not-so-subtle ways, especially if the DUI had any overlap with your teaching duties.  Finally, if you are a tenured teacher, a DUI charge or conviction may have little effect on your employment provided that it did not otherwise reflect poor judgment or impact your work in the classroom.

Before any license or employment action can begin against you, the body seeking to discipline you must provide you with notice of any allegations and the evidence against you. It is a grave mistake to try to “be helpful” or to talk your way out of this situation. Only an experienced licensing attorney has the sort of experience you require to maintain your career and livelihood.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your teaching license to lose it because you failed to attain professional legal advice promptly after being charged with DUI.   Contacting an experienced licensing attorney can mean the difference between getting back to the classroom and your students and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your teaching license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.