Kansas Professional Licensing Attorney Discusses Recent Disciplinary Decisions

Kansas professional licensing attorney Danielle Sanger closely monitors disciplinary decisions issued by the Kansas State Board of Healing Arts (the “Board”). Understanding the decisions issued by the Board assists Attorney Sanger in advising her clients who are facing discipline. Attorney Sanger appreciates the commitment and sacrifice required to earn and maintain a professional license and employs that same commitment in fighting for clients.

The Board has issued several decisions to this point in March of 2016. Two decisions illustrate the vital importance of appearing before the Board when ordered to appear. Failure to appear permits the Board to enter a default against the licensee and enter appropriate orders without a contest from the licensee. In one case, a chiropractor’s license was canceled for failure to timely renew. The chiropractor subsequently applied for reinstatement. Disciplinary counsel for the Board alleged that the chiropractor failed to disclose pending criminal actions pending against him to the Board on his application. The chiropractor was given notice to appear before the Board. The chiropractor requested a continuance of the appearance based upon personal reasons. The Board sought further information about his proffered reasons. The chiropractor failed to supplement his request for continuance. Consequently, he attempted to withdraw his application for reinstatement. The chiropractor failed to appear at the scheduling conference and was defaulted. The Board found that the chiropractor committed fraud by misrepresenting his criminal history to the Board and finding that the fraud proves the chiropractor is unfit to practice in Kansas. Moreover, the Board found that the chiropractor should not be allowed to withdraw his application to avoid discipline.

The second default order of March 2016 resulted in revocation of a physical therapy assistant’s license. The therapist failed to appear at a scheduling conference despite being warned that a failure to appear would result in a default finding. The therapist failed to appear as ordered. Consequently, the therapist’s certificate was ordered revoked. The therapist forfeited any argument to keep her certificate to practice, which was active at the time of her default.

The Board took other disciplinary action in March 2016 as well. The final consent order entered against a physician’s assistant accused of incompetence, improper prescribing, inadequate record keeping, and assisting in the care of a patient without consent of that patient. The physician’s assistant substantially complied with the educational requirements imposed by the Board and complied with the prohibition from performing urological surgery. However, the Board imposed, and the physician’s assistant did not oppose, the condition that he have a prescription monitor for an additional year.
The Board approved a second consent order in March 2016. This order was issued against the certificate of a physical therapy assistant. The assistant was convicted of a second offense for driving while intoxicated after a motor vehicle accident. The assistant waived her rights to a hearing and voluntarily entered into a consent order. The terms of the consent order are for two years. Many of the terms of the order are redacted from public record as “confidential.”

The Board exercised its statutory authority to issue an ex parte emergency order against a doctor of osteopathy. The Board issued the emergency order after finding that the physician may harm the public if allowed to practice. The facts giving rise to the emergency order are redacted as “confidential.” The Board ordered the physician to immediately cease the practice of urgent or emergency care of patients.
The Board issued two further decisions. The Board summarily canceled the license of a radiological technician who failed to timely pay her reinstatement fee. Finally, a physician’s license to practice medicine and surgery was revoked by the Board for malpractice and failure to participate in the complaint process. The physician, after being duly subpoenaed, failed to appear for a deposition. The physician also failed to answer interrogatories and disclose witnesses. Thus the physician’s failure to participate precluded the physician an opportunity to be heard and fight to retain the privilege to practice medicine in Kansas.

Seek Immediate Assistance
If you have been given notice of a complaint pending against you, call Kansas Professional Licensing Attorney Danielle Sanger immediately. Attorney Sanger has dedicated her practice to representing licensees in Kansas and Missouri who are facing discipline. Call 785-979-4353 today to schedule your free consultation.

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