Kansas And Missouri Professional Licensing Attorney Explains A Recent Decision Issued By The Kansas Board Of Healing Arts

Kansas and Missouri professional licensing attorney Danielle Sanger represents professional licensees facing discipline before their respective licensing authorities. She has appeared before the Kansas Board of Healing Arts (“the Board”) to defend clients facing potential suspension, revocation, or another form of supplemental discipline. As such, Attorney Sanger is a close observer of the decisions issued by the Board and believes that making her clients, other professionals licensed by the Board, and the public aware of the Board’s decisions helps them understand the disciplinary procedure. Furthermore, the decisions can be used as precedent for future disciplinary decisions.

In a March 2017 decision, the Board revoked the license of a Kansas physician’s assistant. The Board issued a default order against the physician’s assistant (“Respondent”) for failure to defend the case. A default order can enter if the Respondent fails to appear when summoned. In the case at issue, the Respondent refused to appear for a deposition after the prosecuting authority rescheduled the deposition at the Respondent’s request. Furthermore, the Respondent failed to appear at conferences as required by the Board during the pendency of the litigation. In an email exchange with the prosecutors, the Respondent acknowledged that he would not appear to be deposed and he understood that refusal to cooperate would likely result in revocation of his license.

Kansas’ Administrative Procedure Act permits a licensing authority to enter a default when, in the circumstances such as those described, a respondent fails to appear. Kansas’ Administrative Procedure Act permits the Board to make findings that by virtue of the Respondent’s default, the Respondent admits the factual allegations contained in the complaint and waives any defenses he might otherwise assert.

Notwithstanding the procedural posture of the present inquiry, the administrative law judge made findings of fact and rulings of law. There were three counts of alleged misconduct contained in the complaint. The first count alleged that the Respondent practiced as a Physician’s Assistant in violation of Kansas law. According to the findings by the administrative law judge, the Respondent treated four hundred, twenty-one patients without a supervising physician’s oversight. This conduct defrauded the public and endangered them as well. Accordingly, the judge found that this conduct by the Respondent was willful and intentional.

In count 2 of the complaint, the prosecuting authority alleged that the Respondent filed insurance claims for nineteen patients when he did not treat those patients. The administrative law judge ruled that this practice violated not only the physician’s assistants act, but also the pharmacy act, and the controlled substances act. Once again, the judge ruled that this conduct is fraudulent and endangers the public.

Count 3 alleged that the Respondent perpetrated a fraud by administering Botox that was not approved for use in the United States by the Food and Drug Administration (“FDA”). The Respondent received warnings not to administer this unapproved form of Botox to his patients. The Kansas Attorney General’s Office filed an ex parte request with a Court to enjoin the Respondent from treating his patients with the unapproved Botox. The Respondent willfully and intentionally ignored those warnings by continuing to treat patients with unapproved Botox. One hundred seventy-five patients received treatment by the Respondent with the unapproved drug.

In the end, the Board was left with no choice but to revoke the Respondent’s license to practice as a physician assistant in Kansas.

Contact Counsel Immediately If You Learn You Are Facing An Investigation

Do not try to tackle the government alone. You need experienced and effective representation from the beginning of any investigation into your conduct. Kansas and Missouri professional licensing attorney Danielle Sanger has the experience you need to protect your rights effectively. Call Attorney Danielle Sanger today at 785-979-4353 to schedule an appointment.

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