Defending Your Kansas Professional License: Frequently Asked Questions

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.

 

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