How Do Disciplinary Actions Affect Multi-State Licensing

All State Boards of Nursing issue nursing licenses for their state and they handle the disciplinary actions against nursing home professionals who violate their license requirements. If a nurse moves to another state, they will need to possess that state’s nursing license to practice. It is essential to know how holding multiple licenses can impact them should they be involved in a disciplinary action.

Nurses are permitted to hold a variety of nursing licenses. Nurses are permitted to move across state lines and posses nursing licenses in several states. When a nurse changes their license, or leaves their state, or is licensed in a new state, their old nursing license does not go away. The state agency that grants the original nursing license continues to hold jurisdiction over that nurse, even if the license has lapsed or cannot practice in that state or capacity, the state’s Board of Nursing can still discipline that individual at any time. This is true even when the nurse dropped their license.

Nurses with licenses in another state are subject to that state’s laws and rules. Those rules and disciplinary actions follow the nurse from state to state. For example, should a nurse have their license suspended in one state, and move to a different states, the new state they reside in can penalize the nurser incidents in the previous jurisdiction.

Many states also consider the failure to notify a licensing agency concerning disciplinary actions in other jurisdiction as “unprofessional conduct.” Nurses are usually required to contact multiple agencies to report any previous or ongoing disciplinary actions even if the violation did not violate the new state’s rules.

Defending Against Disciplinary Actions

There are a several ways for nurses to lose their nursing licenses or face disciplinary actions. When the violations are professionally-related, such as a nurse failing to maintain charts or is has acted negligently in their treatment of patients. Sometimes these actions can also result in criminal charges. Moreover, nurses may receive disciplinary actions or lose their license after being convicted for a crime such as drug charges. Unfortunately, addiction is a significant issue with nurses. All states address these criminal charges or accusations based on the laws in that jurisdiction. Failing to address the criminal charges, or not defending against them, a nurse could complicate their future licensing in other jurisdictions.

If you are licensed in multiple states, or have prior licenses, and have faced disciplinary actions in any of those locations, you should speak to a licensing attorney. Contact the seasoned Kansas Professional Licensing Defense Attorney Sanger Law today at (785)-979-4353 to discuss your case.

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How to Know When to Negotiate a Favorable Disposition or Defend Against the Charges

Developing an effective defense strategy against allegations of professional licensing misconduct starts with a detailed examination of the circumstances. There cannot be a practical method to devise a winning defense strategy without a comprehensive review of the claims and the factual underpinnings.

Understanding the facts and circumstances of the charges is important and it is important to conduct a complete investigation to uncover the strengths and weaknesses of the government’s case. Sometimes a thorough investigation will reveal that the best strategy is to negotiate a favorable disposition of the action. In other circumstances, the better solution is to defend the Accused until the bitter end.

Our professional licensing attorney will have several considerations to analyze before notifying a client of the feasible outcome of the disciplinary action. Any licensing defense attorney who represents a client has the duty of advising the client about all of the possible avenues the litigation and all potential outcomes of each avenue. The license defense attorney will also advise the client about the benefits and pitfalls of each choice.

Inexperienced attorneys often fail to provide their clients with a complete analysis of their cases. Those attorneys often dump the decisions on the client. Of course, the client ultimately makes the decision in the end. However, an effective legal representative will talk through each scenario to flush out the best potential outcome.

Our seasoned professional licensing attorney will evaluate her client’s tolerance for risk prior to advising the client on a particular defense strategy. There are few clients who want to “roll the dice” and see what occurs at their full hearing. But most people are more cautious and want to reduce their exposure. 

The question is: how do you know which direction to go?

Naturally, the answer to this question is not always an absolute certainty. The professional licensing attorney has to advise their client entirely and answer all of the legal questions that the client has at the time. Moreover, no one is bound to a course of action after a decision is made on a defense strategy. There are times when a hybrid approach is the best option.

In some cases, clients will ask their attorney to negotiate the best disposition possible in their case. An experienced licensing attorney would negotiate with the prosecuting attorney to arrive at an arrangement that is in your best interest. If no agreement can be reached, then you and your attorney will need to evaluate the situation. In many cases, defending the case until the very end is the best option and produces the best results 

Discuss All of Your Options with A Trusted Professional Licensing Advocate

Missouri and Kansas Professional Licensing Attorney Danielle Sanger has a well-earned reputation as a trusted advocate for professional licensees. You could rely on her experience and expertise to guide you through a difficult and challenging juncture in your career. Call Attorney Sanger today at 785-979-4353 to find out more.

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How a Kansas Medical License Defense Lawyer Can Assist You During a Complaint

If you or a family member holds a medical license and there have been complaints brought against you or your family member, do not risk handling the situation alone. Whether you are a chiropractor, dentist, doctor, lawyer, pharmacist, nurse, massage therapist, or other type of medical professional, you have invested a lot of time, money, and energy into your career.  Attorney Sanger is a legal and medical license defense lawyer who has successfully help professionals defend and protect their medical licenses. If you or a loved one is being investigated or is facing a disciplinary hearing, do not delay in contacting the Sanger Law Office to learn about the process and how we can help you fight to protect your future.

As any experienced medical license defense attorney in Kansas already knows, there are two sides to every story. A lot of people lodge complaints to licensing boards out of irrational anger. For example, medical professionals, such as nurses and doctors, often receive complaints from patients claiming they were victims of neglect, however these complaints often stem from those individuals’ unfair and irrational demands. As an attorney, we understand that some attorneys receive bar complaints simply because their clients were disgruntled because the judge did not rule in their favor or the client doesn’t want to pay their legal bills.

Whatever the circumstances, you must have an attorney on your side who has the experience to fight for your livelihood.  At the Sanger Law Office, our legal professions take the time to analyze the the case that has been brought against you. We have represented medical professionals in all stages of licensing board proceedings, from the initial application to investigations to formal adjudicatory hearings before state administrative tribunals.

Do not take the chance of having your medical license revoked or suspended simply because you thought you did not need a lawyer to defend you. Complaints against your medical license and the licensing hearings that accompany those complaints are a serious legal matters.  Without an experienced medical license defense attorney to help you to understandyour legal options, and help you make informed decisions concerning your case, you are needlessly putting your livelihood at risk.

The Sanger Law Office is located in Lawrence, Kansas, and our firm represents medical and legal professionals before state licensing boards and in administrative hearings throughout Kansas and Missouri.  We can fully investigate the evidence and charges filed against you or your loved one to devise an effective strategy to protect your reputation, license, and professional livelihood.  If you are facing disciplinary proceedings or even if you are only subject to an initial investigation, contact Danielle Sanger now for a free and completely confidential consultation at 785-979-4353.  The Sanger Law Office looks forward to providing you with excellent legal representation.

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How Sanger Law Office Can Negotiate Your Medical License-Renewal

The strongest license defense strategy starts by hiring an attorney who focuses their practice on professional license defense. License defense will often involve protecting your business and your medical license. Defending a professional license might also help protect your other legal rights and privileges, such as your driver’s license. Moreover, you will have a better chance of defending your professional business license and healthcare license by hiring an experienced attorney from the Sanger Law Office.

Kansas and Missouri medical licensing is crucial in your ability to make a living. When doctors, nurses, dentists, and other medical professionals are seeking license renewal, they must seek expert guidance.

States in which our firm practices – Kansas and Missouri have licensing and regulatory boards that govern medical occupations. These regulatory boards have their own rules and operating standards. This is one of the primary reasons why it is crucial that you speak with a knowledgeable medical license renewal and defense attorney.

Licensing and regulatory boards are committed to safeguarding public health and safety, so these agencies handle their licensing mandates seriously. When complaints are investigated by insurance companies, law enforcement, and state and federal agencies, the professional medical must begin their defense as quickly as possible and defend against the complaints. A complaint will trigger an investigation, and you must discuss your case with an attorney to develop an effective defense plan to neutralize the complaint. Moreover, your attorney will help you respond to the complaint and take corrective actions.

To have your license reinstated, you must expect that the process will be challenging and full of obstacles. However, an experienced medical license defense lawyer can assist tremendously. Since every case is unique, the defense strategy must be developed in accordance with the case’s specific facts and circumstances.

Rely On Experience If You Face Allegations of Unprofessional Conduct In Kansas Or Missouri

If you have received a complaint or if you are being investigated by the state board in Kansas or Missouri, speak with Medical License Defense Attorney Danielle Sanger immediately. Attorney Sanger possesses vast experience in representing healthcare professionals.

Call Attorney Sanger today at 785-979-4353 (Kansas) or 816-520-8040 (Missouri) for your free and confidential consultation and learn your rights and responsibilities if you are a facing professional licensing issues.

Sanger Law Office

5040 Bob Billings Parkway, Suite C-1
Lawrence, KS 66049
785-979-4353 (Kansas)
816-520-8040 (Missouri)

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CNA Nursing Board License Defense Attorney in Kansas and Missouri.

We Fight to Protect Your Nursing License in Kansas & Missouri.

As a certified nursing assistant, you help people in their time of need. When your career is on the line, you need an experienced defense attorney to protect your ability to work. If you are being investigated by a Missouri or Kansas State Board of Nursing, you need to speak to our CNA defense attorney at Sanger Law Office. We know that your nursing career is your livelihood. We represent CNAs throughout Kansas and Missouri who are under investigation for disciplinary matters.

Anyone is able to file a complaint against a CNA, including employers, patients, hospitals, co-workers, and even family members. These investigations examine a wide variety of matters, such as:

  • Falsities in the license application process,
  • Past conduct affecting your right to obtain a license,
  • Standard of care violations,
  • Medication errors,
  • Failure to comply with CE requirements,
  • Fraud, theft, or deception,
  • Abuse of patients, 
  • Unsafe medical methods,
  • Commission of criminal offenses, 
  • Inappropriate relationships with patients, 
  • Malpractice lawsuits and judgments,
  • Impairment affecting your ability to practice, such as drug or alcohol use,
  • Sexual misconduct, and
  • all other actionable offenses. 

In most cases, your first clue that an investigation has been with be the receipt of a letter informing you that an agency is considering taking adverse action against you. This agency might be the state Nursing Board, and the letter will inform you that you are the subject of an investigation or a complaint. The letter may also state the Board’s proposed course of action. Investigations will then begin an investigation, which can last several months.  

Always take notice of a complaint from the Board seriously as any adverse action lodged by the Nursing Board will seriously impact your ability to work as a CNA. The State Nursing Boards have the authority to revoke, deny, suspend, censure, or limit your license or ability to work as a CNA. There are hefty legal fines that may be levied against the defendant.

After receiving the investigation letter, the first step is to contact our Nursing Board license defense attorney at Sanger Law Office. It is important that you contact our office before you respond to requests for documents and before attending any interviews. All statements that you make during the investigatory process will likely negatively impact your case. Any evidence discovered during an investigation could turn an early dismissal of the complaint into a lengthy hearing process.

Depending on the facts of the case, you may be given the option of seeking informal resolution of the complaint. An informal resolution is an educational remedy. Along with your legal representative, you can pursue an agreement to resolve the charges. In an informal resolution, you could receive permission to remedy the issue by attending continuing education, entering into regular drug and alcohol testing, or being placed on probation. Your defense attorney will play an essential role in helping you present favorable evidence throughout the investigations. This can help persuade your acceptance into an informal resolution.

More severe charges will likely be subject to formal discipline. If a complaint is referred for an administrative hearing, you and your attorney must request a hearing to counter any action taken against you. An administrative hearing is similar to a trial. The hearing is recorded and includes submitting evidence by each party. You could face serious disciplinary action against your nursing license if a violation is found at the administrative hearing. Moreover, not having a hearing will almost guarantee severe actions will be taken against you. 

Defend Your Nursing Career!

If your CNA job is at risk, contact our Kansas and Missouri Nursing Defense Attorneys at Sanger Law Office. Our firm is led by Attorney Danielle R. Sanger. Ms. Sanger has devoted her law practice to protecting nurses and other professionals in administrative proceedings brought by state and federal regulatory agencies. With the assistance of the Sanger Law Office, you can rest assured that your nursing career and future are in the best of hands. We will fight to see that you obtain the best outcome possible given the facts of your case. Call the Sanger Law Office at 785-979-4353 (Kansas) or 816-520-8040 (Missouri) to schedule your free consultation and start protecting your nursing career today!

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How to Avoid or Defend Against Accusations of Fraud by a Fiduciary

Have you been accused of misusing a client’s money? 

The Consumer Financial Protection Bureau (CFPB) reports that approximately 7% of elder financial exploitation (EFE) cases involve a fiduciary such as a lawyer, trustee, or financial professional who manage older adults’ financial accounts. In 2020, senior citizens lost about $6.3 billion in financial abuse cases referred to state and federal authorities. The cost is presumed to grow while people ages 65 and over are expected to double by 2060. The issue of elder financial exploitation is a real and growing issue.  

However, how does an attorney, trustee, or financial planner defend themself against accusations of elder financial exploitation? 

First, the vast majority of legal and financial professionals do not take money from their clients, and they work very hard for their client’s best interests. They are also an important line of defense against elder financial exploitation.

The Bank Secrecy Act commits financial institutions to report suspicious activity reports (SAR) with the Treasury Department’s Financial Crimes Enforcement Network when they identify suspicious activity in a customer’s account. The Consumer Financial Protection Bureau also requires institutions to report suspicious activity to local, state, or federal law enforcement authorities. Moreover, the Financial Industry Regulatory Authority (FINRA), a Congress authorized industry group, has regulations that detect elder financial exploitation. By way of example, FINRA rules oblige member institutions to identify a “trusted contact” for individuals opening new accounts. This helps the financial institutions spot if an account holder has cognitive skills or if suspicious activity is on the account. The financial institution will have “permission to contact the trusted contact.” 

How to Avoid Accusations of Fraud by a Fiduciary

The following are a few tips to help defend against future accusations of Fraud by a Fiduciary:

  1. Be proactive in explaining changes in your client’s accounts.
  2. Explain, in writing, all changes in your client’s accounts.
  3. Require your client to retain a third party audit the “books” or retain outside auditors. 
  4. Notify “approved” family members of changes and updates.
  5. Keep in touch with all service providers.
  6. Ensure fees and billing processes are clear and part of your client services agreement. 

How to Defend Against Accusations of Fraud by a Fiduciary

The best approach to defend against accusations and charges of Fraud by a Fiduciary is to speak to an experienced Professional License Defense Attorney as soon as possible. The investigative process is swift. That is why it is important that you understand the legal process, you have an advocate protect you from making damaging statements, and your attorney ensures that your legal rights are protected. 

If Your License is Denied or Challenged, You Need Help

A challenge to a professional license or the denial of a license is a stressful event. Those who face such scenarios need to take them seriously and should reach out to Sanger Law today at (785) 979-4353 to discuss your case.

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Can Unpaid School Loans Cost You Your Kansas Professional License?

School Loan debt in the United States has reached $1.6 trillion. The massive amount is a record high, and making student loan debt second only to mortgage debt when it comes to consumer loan debts. About 45 million people are facing varying amounts of debt from obtaining their degrees, and many are making large monthly payments to creditors. There have been debates as to what penalties should apply in these cases.

More than one out of every ten borrowers have a loan in default. In total, five and a half million borrowers have defaulted on school loans, meaning $119.8 billion in loans have defaulted. It is important to note that most people cannot discharge their student loan debt in bankruptcy. What this means is that the massive debt for their school loans will stay with them for life, or until they find some way to pay them back.

Since you are unlikely to get rid of your student loan debt, what will happen to your professional license in the event that you end up in the more than ten percent of borrowers who have defaulted on their loans? In some cases, one form of penalty is a loss of a professional license.

Of course, losing a professional license will make it impossible for a person to work in the career that they studied and worked hard to obtain. It will also make it more difficult for that person to pay off their debt.

License Suspension States

By 2010, close to half of all states had laws that could cause the loss of a license for professionals who default on school loans. Most states with such laws allowed for the suspension of any professional license based on the default of any kind of education loan. The boards were often able to make the final decision, though.

States Begin to Backtrack

While loan debt has created a crisis across the country, many states began to realize that these laws were not productive. Several states made moves to repeal the laws and prevent a failure to pay school loans from causing a loss of a professional license. In most states, the licensing boards lost the ability to suspend or revoke a license based on the individual’s loan repayment status.

Some States Still Allow Loan Debt to Impact Initial License Applications

Only a few states have stated that student loan debt cannot be considered when a person is applying for a new professional license. This means that loan debt can be a factor weighed by licensing boards in many states.

Of course, aside from your license, there are many consequences related to failing to pay your student loans. In Kansas, you could have your tax returns or wages garnished to cover the loan payment costs. Your credit score will suffer significantly for failure to pay. In severe cases, it is possible that you could end up facing a lawsuit.

Any Denial of a License or Challenge to a Professional License Should be Taken Seriously

Kansas does not allow for professional license suspensions for individuals who failed to pay their student loans. Licensing boards may deny applications for other reasons, including something such as lying on the application. Additionally, a disciplinary action taken against a professional in another state could impact the ability of the professional to transfer his or her license to Kansas.

If Your License is Denied or Challenged, You Need Help

A challenge to a professional license or the denial of a license is a stressful event. Those who face such scenarios need to take them seriously and should reach out to a Kansas professional licensing attorney to discuss the claim made against them.

Contact the Missouri Professional Licensing Defense Attorney at Sanger Law today at (785) 979-4353 to discuss your case.

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Social Media and Nursing Licenses

More than two billion people across the globe are using Facebook. And that is only one of the many social media platforms being used by people to socialize, network, or just share their point of view. In some instances, social media can be useful for professionals. When it comes to those working in the nursing profession, these sites may help foster professional contacts, allow healthcare workers to share best practices or supporting information, or just allow for busy working professionals to stay in touch with friends and family.

When used properly, there can be many benefits to social media. Unfortunately, it is also easy for a single mistake or instance of bad judgment to have long-lasting effects on a person’s life and livelihood. It is possible for a nurse to post things online that will end up hurting them in the real world, potentially even creating a threat to their nursing license.

Judging What to Post

When determining if something is appropriate to post, it is a good idea to think about whether it would be an acceptable thought, comment, or photo to share in the workplace. There are some areas to be extra cautious about though.

Patient Privacy

One thing that will quickly lead to problems is posting personal information relating to patients. This could include photos that happen to have a patient in them. Posting this content would be viewed as a breach of privacy and can lead to an action against your license, as well as lawsuits, termination, and other unpleasant consequences. In some instances, the posts may have been well-intended as a way to get professional advice from a colleague. However, the results can be devastating for a nurse.

Do Not Complain About Work

Nurses can face trouble for posting about their employer or co-workers in a negative manner. This should apply to any job, as complaining online about your employer can obviously be problematic. It is not always clear who will see your post.

Personal Life Posts

While it might seem unfair, a person’s personal life can be considered in grounds for disciplinary action against that person in the nursing field. In one instance, a nurse’s license was placed on a three-year probation after his employer learned that he had received a DUI. While the DUI was not related to his professional duties, the court found that the Board of Nursing had the right to punish the professional.

Posting anything that suggests any violent or illegal conduct on the part of the nurse could be a problem, even if it was intended as a joke. Additionally, explicit sexual content and racially insensitive posts should be avoided.

Whenever using social media, the bottom line is to be cautious and always think twice before sharing a post. If you ever have a doubt about whether the post is appropriate, it is probably best not to take a chance.

Receiving notice that disciplinary actions have been initiated against you can be frightening. These charges, even if they seem unwarranted, should be taken very seriously. Hiring an attorney is a wise decision as the administrative process can be difficult and complex.

If you find yourself facing a challenge to your Missouri or Kansas nursing license or disciplinary action for something you posted on social media, Sanger Law can help you defend your case. Contact the Missouri and Kansas Nursing License Defense Attorney at Sanger Law today at (785) 979-4353.

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Emergencies and Medical Professional Licenses in Missouri

As COVID-19 runs through the United States, it is presenting a number of complicated issues for the government and the public. One of the biggest problems has been caused by a shortage of healthcare workers and essential professionals. Headlines are now coming out from states around the nation, explaining emergency laws being enacted in order to loosen the licensing guidelines for medical workers. For instance, traveling nurses will likely be able to start working in other states with fewer delays than they have ever seen in the past.*

Licensing procedures take time, but in an emergency such as the current one, there is not enough time to work through the normal channels. As a response, many states are loosening licensing laws to allow more professionals to be engaged in the battle against the virus.

State Reciprocity

One way that some states are working to fill the void of professional is by allowing medical professionals to work in states outside of where they are licensed. This means that nurse practitioners and nurses aids, among other workers, will be able to cross state lines to help in the hardest-hit locations. For instance, Washington, which was one of the first states to be struck by the virus, has activated emergency volunteer health practitioners and is allowing nurses from other states to volunteer without an in-state license. All these practitioners will require is proof of their own good standing in another state.

Nurse Practitioners Expanded Operations

Some states are making changes that will allow nurse practitioners to practice without a doctor present. Nurse practitioners who considered “advanced,” which means they have some graduate course experience and a minimum of 3,000 hours of experience working under a physician’s supervision, will be eligible to work under these looser guidelines.

Another approach to the crisis is the issuance of “emergency” licenses. These temporary and expedited licenses may apply even in states that are not a party to the eNLC. These states are trying to make it easier for these professionals to become active, at least for a limited time.

New York and Colorado are looking at ways to bring former healthcare workers back into the practice. In New York, the governor is asking these professionals to “reconnect” with their former employers to find ways in which they may participate in the response if current workers are too overwhelmed to handle the number of patients made sick by the virus. Similar please were made by the governor in Colorado.

As the virus begins to impact additional states, it is likely that more accommodations will be made to expedite licenses around the nation.

Missouri Response

Missouri legislators proposed a bill titled HB 2046, which would permit healthcare professionals who have out of state licenses to move to the state through a reciprocity program. The professionals would be required to have held a license for a minimum of one year, and be in good standing in order to qualify.

The national health crisis has highlighted the incredible importance of healthcare workers. States are now paving the way to get more professionals where they are needed.

Professional licensing practices can be complicated and challenging to navigate. Professionals also sometimes face challenges to their licenses that can put their careers and livelihoods in jeopardy.  If you are trying to navigate the process for obtaining or reinstating a professional license in Missouri, or if you are facing disciplinary action that threatens your license, the Missouri Professional Licensing Defense Attorney at Sanger Law can guide you and protect your rights. Contact Sanger Law today at (785) 979-4353.

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Social Media May Put Teacher’s Careers at Risk

Social media has become a common part of most people’s lives. In fact, about 74 percent of people above the age of eighteen are estimated to use websites for social networking. Some of these individuals work as teachers or in education.

While it is not a problem for a teacher to use social media, it is a problem if that individual is not wise regarding how they use their account. For instance, a teacher was fired in Colorado for posting Tweets that were deemed too “racy.” Another teacher was fired in Texas after putting a post on Facebook that was found to be racist. A teacher in Utah had to fight her school district to keep her job after parents complained about her fitness modeling photos on Instagram.

How to Avoid Social Media Drama

Look at Guidelines

The first place to start if you are a teacher concerned about your presence online is to look at any guidelines published by your school district or the county. The rules might already be established, and it is a good idea to understand what type of behaviors would be considered missteps. Once armed with this information, you can feel confident in your decision to post or not post on your social media accounts.

Pick the Right Photos

Of course, the photos you post can get you in trouble as well. If you are choosing a profile picture, make sure it does not show you drinking alcohol, doing drugs, or being involved in any questionable practices. While you might even think the photo is a joke, you cannot always control how that picture will be construed.

Do Not “Friend” Students

Another guideline to follow is to never engage with students on social media. Do not accept friend requests and make sure that you take steps to prevent your students from following you. Once they graduate, it could be appropriate to friend them and keep in touch, but not before that point.

Never Include Information About Your School

Be careful about including information that will affiliate your post with your school and employer. For instance, “geo-tagging” posts may lead your students to your account. Keep your profession general, and do not state the name of the school where you teach.

Naturally, one should never complain about work, students, or co-workers online. This rule should be followed by any professional, not just teachers, but it is important to remember that you may never be able to predict who will see your post.

While this should go without saying, do not post photos of your students on your account either. While some parents are completely on board with posting their children online, others strongly oppose doing so. Students have a right to privacy, and being seen as violating their rights will put you at risk of being disciplined.

Even if you think your account should not get you in trouble, remember that people have different values and that parents are often very particular about who is influencing their children. While the rules might not seem fair, it is a good idea to think about whether the post is worth potentially causing trouble for your professional life, leading to a threat to your livelihood.

If you are a teacher and you find yourself facing disciplinary actions for your social media accounts, you need to take those allegations seriously.

Sanger Law is here to represent you and help you navigate any challenges to your Kansas or Missouri professional license. Contact the Kansas Professional Licensing Defense Attorney at Sanger Law today at (785) 979-4353.

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