Kansas Professional Licensing Attorney Explains The Kansas Board Of Healing Arts Sanction Guidelines-Four Of Four

The Kansas Board of Healing Arts (“the Board”) issued sanction guidelines for misconduct in 2008.  The guidelines delineate ten categories of ethical violations. The Board discussed the ethical violations and provided insight into sanction rationale. A grid accompanies the guidelines. The grid is a sliding scale. The grid computes an appropriate sanction based on the severity of the misconduct, the prior history of the licensee, along with any mitigating or aggravating factors. The Board specifically reserves its discretion to punish to the extent allowed by Kansas law and therefore depart from the sanction grid. Notwithstanding, the guidelines establish uniformity of sanctions for ethical violations. Kansas professional licensing attorney Danielle Sanger will fight to protect your rights if you face sanctions for an alleged ethical violation.

Determining the appropriate sanction rests upon several factors.  According to the guidelines, the Board will consider the goals for sanction. Those goals may be designed to protect the public from harm. Public harm can be physical harm and economic harm as well. Physical harm may befalls a patient due to delayed treatment or suffering a worsened outcome. The Board will consider both the mitigating and aggravating conduct of the licensee.  The Board will then decide upon discipline on a “graduated scale” on the sanction grid. The Board must evaluate discipline based upon consideration of whether the licensee committed multiple violations and repeated violations.

The guidelines provide instruction for using the grid to establish a sanction. The starting point is the “presumed sanction” section. Next, the Board will examine whether the licensee committed multiple offenses of the same conduct or whether the misconduct constitutes separate offenses. The Board aggregates the sanctions for multiple instances of misconduct falling into different categories of misconduct.  If the alleged misconduct appears to be multiple instances of the same offense, then the Board utilizes the grid referencing the presumptive sanctioning for misconduct of multiple offenses. The Board issues the most severe sanction under the guidelines if misconduct falls into different categories.  Once the Board identifies the presumed sanction, then the Board will apply any mitigating or aggravating factors to determine the appropriate sanction.  The Board must identify any mitigating and aggravating factors in its decision.

Mitigating and aggravating factors depend on the facts of the given case. Aggravating factors may lead to a more severe punishment. Mitigating factors may have the opposite effect. The Board examines the following factors in determining the existence of mitigation or aggravation:

  1. Nature and seriousness of the allegations;
  2. Patient characteristics such as age and level of vulnerability;
  3. Frequency of the act constituting misconduct;
  4. Injuries suffered by the patient, if any;
  5. Potential injury;
  6. Abuse of trust;
  7. Consent of patient, if relevant to circumstances;
  8. Intent of the offender;
  9. Motive to commit the act;
  10. Disciplinary record of the licensee;
  11. Health of licensee, if relevant;
  12. Level of cooperation with the investigation;
  13. Remorse;
  14. Impact upon public perception;
  15. Whether the misconduct violated the criminal law;
  16. Dishonesty;
  17. Licensee’s level of competence;
  18. Potential for rehabilitation;
  19. Degree of negligence; and
  20. History of previous violations.

The Board may consider other mitigating and aggravating factors in addition to those listed. The Board then computes the appropriate sanction after close consideration of all of the factors involved. Only then will it issue a sanction that it deems fair and just in the circumstances.

Committed Advocate Ready To Help

Kansas Professional Licensing Attorney Danielle Sanger is committed to defending your professional license from discipline. Every person can reform their ways and correct their actions. Attorney Sanger is dedicated to helping you keep your license so you can maintain your livelihood. Call Attorney Sanger today at 785-979-4353 to discuss your options during your free consultation.