Kansas Professional Licensing Attorney Explains The Use Of An Emergency Order Of Suspension

On November 4, 2016, the Board of Healing Arts of the State of Kansas (the “Board”) took an extraordinary measure when filing a complaint against a Doctor of Osteopathy licensed in Kansas seeking suspension of the physician’s license to practice medicine. In addition to filing the complaint, the Board filed an ex parte motion to suspend the medical practitioner’s license without a hearing immediately. The Board infrequently exercises this emergency power but did so in this case successfully. The officer presiding over the issue for the Board ordered the doctor’s license immediately suspended and ordered the doctor to stop practicing medicine forthwith pending a final determination on the merits of the case. You must contact an experienced Kansas professional licensing attorney if you are the subject of any complaint before the Board of Healing Arts as soon as possible to commence the defense of your livelihood.

In the practice of law, ex parte refers to only one party presenting its case to a judicial officer without notice to the opposition and an opportunity to be heard by the judicial officer. Ex parte motions are not the norm. Rather, they are used in rare circumstances and only in emergency situations. The rulings made by the judicial officer pursuant to an ex parte order are temporary and preserve the status quo or put an end to a potentially hazardous situation until such time as the parties can schedule an evidentiary hearing on the issue to be litigated.

The subject of the ex parte order must be served with the order, which is effective immediately upon issuance. In addition to the order, the licensee must receive a notice of rights. The notice of rights informs the subject of the decree to the statutory right of appeal to a district court judge. Time is limited. The aggrieved party has 30 days in which to file a petition for review of an ex parte order.

In the November 4, 2016, decision by the judicial officer from the Board, the decision on ex parte order was redacted. Therefore, every factual allegation cannot be disclosed at this time. Notwithstanding, the decision does inform the reader that the physician was the subject of a consent order from a previous petition for discipline heard by the Board. The licensee, ostensibly, failed to adhere to the terms of the consent decree. At the time the second petition for discipline was filed, the physician continued to practice medicine actively.

The decision references statutory and regulatory authority for making its order. The judicial officer acknowledged the authority of the licensing authority to file its ex parte motion under a state statute and regulation. Kansas law permits the licensing authority to petition the Board to take temporary disciplinary action for unprofessional behavior that has endangered or is likely to endanger the lives and safety of others as defined in the state regulations. The Board may issue temporary relief if the Board finds cause to believe that grounds exist for disciplinary action and the “continued practice will cause an imminent danger to public health and safety.”

The presiding officer of the Board hearing the ex parte motion ruled in the Board’s favor. The presiding officer found that continued practice of osteopathic medicine by the doctor endangers the public safety and therefore suspended the license.

Do Not Delay If You Are Served With Temporary Orders

If you face professional discipline in Kansas,  and the Board filed an ex parte orders against you, do not delay. You must respond immediately. You need an experienced and dedicated professional licensing attorney to fight for you. Call Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353 and inform Attorney Sanger about your emergent need because your license was suspended.

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