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

The Kansas Board of Healing Arts (“the Board”) released a comprehensive set of rules announcing the possible range of penalties for conduct offensive to the ethical rules governing practitioners of the healing arts.  In 2008, the Board issued the “Guidelines for the Imposition of Disciplinary Sanctions” (“Guidelines”). The Guidelines provide practitioners with the rationale the Board employed when devising the potential sanctions and is more than a set of rules and penalties for violating those rules. Thoroughly understanding the potential penalties for rules violations permits the licensee a sense of predictability and uniformity in applying the penalties but also affords the opportunity to propose lesser sanctions in an attempt to promote growth in the Healing Arts. Kansas professional licensing attorney Danielle Sanger has successfully utilized the Guidelines to advocate successfully for her clients.

The Board does not seek to impose the maximum sanction for every alleged ethical violation. The Board espouses a sanctioning philosophy designed to protect the public and the medical professions. Accordingly, the Board will sanction practitioners who run afoul of the ethical rules “with the least restrictive discipline necessary to meet the proper sanctioning goals.” Notwithstanding, the Board comprehends its primary goal is to protect the public and therefore will order sanctions to protect against immediate or irreparable harm. However, the Board may fashion a sanction that will rehabilitate the offender in the appropriate circumstance.

The Board enjoys wide discretion in fashioning sanctions for alleged misconduct. In fact, the Board reserves the right to impose any sanction within its discretion. The possible sanctions vary from no punishment at all to revocation of license. Included in the sanction continuum are alternatives such as censure, fines, suspension, limitations placed on the license, and denial of application or revocation. The Board imposes upon itself a mandate that when fashioning a sanction, the Board must consider the goals for sanctions. The goals included remediating the situation, protect the public from immediate harm from, or to punish.

In addition to the possible sanctions cited above, the Board has the authority to enter into a letter of agreement with the practitioner. The agreement may state a plan for the practitioner to correct any mistakes and to avoid future violations. The Board may also send the practitioner a letter informing the practitioner of the Board’s concern about present conduct in special circumstances to avoid non-conforming behavior becoming a future ethical violation.

The Board frequently imposes a term of probation on a license. A period of probation is a remedial sanction. In contrast, the Board describes fine and censure as purely punitive. With probation, the Board can impose restrictions upon the practitioner’s license such as attending and completing continuing educational courses, strict supervision by another practitioner, periodic medical record review, treatment for physical, emotional, or psychological conditions. The Board may also limit the types of services the offending practitioner may provide or the setting in which the practitioner provides their services.

The Board imposes the most severe sanctions in the appropriate circumstance. Revocation, denial of an application, or suspension achieve the goals for punishment but are imposed in situations when the practitioner is adjudged by the Board to no longer be fit to enjoy the privilege of practicing the healing arts or is purely incompetent. The primary aim of these sanctions is to remove the practitioner from the public to prevent future harm.

Kansas Professional Licensing Attorney Danielle Sanger devoted her career to helping medical practitioners and other professional licensees avoid the disastrous consequences of disciplinary action. Attorney Sanger is a devoted advocate who is keenly aware of the sacrifice one makes to obtain and keep a professional license. Call Attorney Sanger today at 785-979-4353 to arrange for your no-obligation consultation.