Tag Archive for: Kansas And Missouri Professional Licensing Attorney

A Winning Defense Starts with a Thorough Investigation

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Professionals facing discipline must contact counsel as soon as they learn about the allegations levied against them. Putting off speaking with experienced, knowledgeable, and successful professional disciplinary defense attorney will place you at a substantial disadvantage. The government tries to build strong cases against a licensee, and you should suffer severe consequences unless you have a powerful advocate fighting for you.

As a professional licensee in Kansas or Missouri, you have the absolute right to have counsel that you choose to represent you at every milestone of the disciplinary action, including the investigatory phase. Waiting until you receive a formal complaint to retain an attorney who is highly skilled and motivated to vigorously defend your best interest could have severe adverse consequences and potentially weaken your defense.

Kansas and Missouri professional licensing defense attorney Danielle Sanger dedicated her law practice to defending professional licensees who face potential discipline. The depth of Attorney Sanger’s experience will put you in the most advantageous position possible. Attorney Sanger can call upon her vast experience defending professional license holders to mount an aggressive defense. Additionally, Attorney Sanger can call upon her experience as a prosecutor with the Kansas Attorney General’s Office who litigated disciplinary actions before numerous state boards and administrative bodies to anticipate and then rebut the government’s arguments.

Having an attorney you can count on representing you during an investigatory stage will put you in the best posture possible so you can keep your license and continue practicing in your chosen profession. Contacting your professional licensing defense attorney immediately after you learn about possible allegations of wrongdoing will give your attorney a leg up on the government’s case. You might experience the temptation to contact the investigating authority and try to talk your way out of the situation. Remember, however, that your words can be used against you. Therefore, you should never contact the disciplinary board without speaking to a lawyer first.

Engaging your attorney in an exhaustive and frank discussion about the allegations is the first step in your defense. The attorney-client privilege protects this conversation. Therefore, you should feel free to open up to your attorney about what you think happened and why. The initial conversation is also an opportune time to name witnesses who could provide information that is beneficial to your defense. There are many instances when your attorney can talk to these witnesses and obtain their perspective about the allegations before the witnesses speak to the government’s investigators.

Talking with your attorney during the infancy of an investigation will help you develop a strategy to remain in practice. An experienced professional licensing defense attorney like Danielle Sanger will help you understand the potential penalties you face if the allegations are sustained after a hearing and how the potential disciplinary action might affect your business or your employment. The strategy you devise might include contacting the disciplinary board and offer a resolution without a hearing, even before a formal complaint is lodged. Accepting responsibility in certain circumstances might help you receive a reduced sanction that allows you to continue your practice with minimal intrusion, interruption, cost, and notoriety.

When you engage your attorney in the earliest stages of disciplinary action, you are providing your lawyer with the greatest opportunity to obtain physical evidence that is vital to your defense which you might otherwise lose if you wait too long to act. Additionally, getting your attorney involved immediately could put you in a favorable light with the disciplinary board. For example, if you are fighting addiction, then you could work with your attorney to get into a rehabilitation program before being ordered to do so by the disciplinary board. Taking responsibility and addressing shortfalls demonstrates your willingness to better yourself and preserve the safety of the public.

Experience Matters Mot

Kansas and Missouri Professional Licensing Attorney Danielle Sanger possesses the experience, knowledge, and skill you need fighting for you. Call Attorney Sanger today at 785-979-4353.

Kansas and Missouri Professional Licensing Attorney Discusses Due Process Rights in Medical Professional’s DEA Registration

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Medical professionals authorized by Kansas, Missouri, or another of state in the Union, to dispense narcotics must further register with the U.S. Drug Enforcement Administration or DEA. The DEA’s Diversion Control Division maintains registrant’s records, and according to the authority conferred to it by 21 United States Code (USC) Sections 823 and 824. Medical practitioners cannot prescribe medications unless their DEA registration is active. Therefore, maintaining an active registration with the DEA is vital to conducting a medical practice in Kansas or Missouri. In essence, therefore, the doctor is only as good as the medication he or she can prescribe.

Section 824 grants authority to the Attorney General, or his or her designees, to revoke DEA registrations of medical practitioners according to guidelines set forth in the statute. Furthermore, Article 21 of the Code of Federation Regulations explicate the authority an Attorney General’s designees can assert.

Under the statute, the DEA recognizes a medical practitioner as one who must be licensed under the state law to practice medicine and dispense medications. If the practitioner loses the authority to dispense drugs because of state action, then the medical practitioner’s registration to under the DEA is essentially automatically revoked.

The DEA will investigate to determine if the medical practitioner has current authority conferred by state law. The DEA ruled earlier in 2019 that it has the authority to revoke a doctor’s registration even though the state in which the doctor is admitted to practice revoked his authority to dispense medication by a summary procedure rather than after a full hearing.

The Attorney General reserved authority in itself to revoke a registration under Section 824(d) in an emergency situation. The Attorney General must find that the medical practitioner is an immediate danger to the safety or health of the public. The immediate threat of death, serious bodily harm, or abuse of any controlled substance. A suspension for an immediate danger can be reversed by the Attorney General or a court having jurisdiction over the case.

Under Section 824, the Attorney General has the obligation to give notice to the medical practitioner under suspicion of misconduct that a hearing will be held for the medical practitioner to show good cause why his or her registration should not be revoked or suspended.  The physician has the burden to present evidence to rebut the presumption that the DEA registration must be revoked.

The government must give actual notice to the doctor facing discipline by the DEA. Section 824 requires the Attorney General to include in the documents served upon the medical practitioner a statement of facts substantiating the Attorney General’s position that denial, revocation, or suspicion of the DEA registration is appropriate, along with a statement of applicable laws and regulations governing the hearing. The notice must also include a summons to appear before the Attorney General to attend a hearing on the merits of the Attorney General’s petition. The medical practitioner will be directed to appear before the Attorney General 30 days after receipt of the notice.

Section 824 grants the doctor the opportunity to submit a corrective action plan to the Attorney General before the hearing on the merits of the case. The Attorney General must review the corrective action plan and take it into consideration before rendering a decision on the case. The Attorney General can take appropriate action on the corrective action plan filed by the petitioner.

Medical Professionals Facing the Threat of Licensing Discipline Must Contact Attorney Sanger Immediately

Contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule an immediate consultation if you are a medical profession notified by the Drug Enforcement Administration that you are facing revocation of your registration.

Kansas and Missouri Professional Licensing Attorney Discusses the Benefit of Taking a Sabbatical

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Sabbaticals were once a perk of college professors who might take time to travel or to write. More companies are considering allowing their professionals to take sabbaticals, either paid or unpaid and have reported amazing results. It turns out that sabbaticals benefit the professional who gets extended time away from his or her employer or work environment and well as the organization itself. The organization has a chance to see how its succession plan will work after the more-senior person leaves the group by instilling initiative in less experienced or junior employees how to step up and make decisions. The people returning from sabbatical and those who filled in during the extended leave feel a sense of perspective and have renewed energy once the sabbatical is over. In short, sabbaticals are one method of handling mental health issues in the workplace.

The question that follows naturally is why do many professions not offer a sabbatical time when there are so many benefits to taking a sabbatical? Many professional licensees work in industries that customarily do not allow employees to take large chunks of time off. Convincing an employer to grant leave of one month or more, either with or without pay, and return to the same position is a tall task. The natural response from an employer to a request for sabbatical leave is immediate recoil; the topic is taboo and the idea controversial. On the other hand, an employee might have a hard time even asking for a sabbatical while employed an industry in which sabbaticals are not the norm. They rightly fear rejection of the idea out-of-hand but also the thought of being demoted or fired because they want to take such a long time off.

A sabbatical is entirely different than a vacation. Professional licensees take vacations as needed to get away from the demands of the job just for a break where you cram family time or housework into a week or two out of the office. Dedicated professional licensees might even continue to check emails and phone messages in anticipation of returning to the workplace after a short respite. In other words, you never put the job out of your head and forget about it for a while.

Those who take sabbaticals set out on their journey with an entirely different frame of mind than when simply heading on vacation.  The person taking a sabbatical is not merely taking time off to do other things. The person on sabbatical wants to immerse himself or herself in something not only as a distraction from ever-present stressors of daily life but out of a genuine interest in the subject matter. A true sabbatical is meant to do a “deep dive” into a hobby, to study, to write, to learn a new language, or pursue another passion project. Thus, the idea behind a true sabbatical, rather than a vacation, stems from a desire to renew one’s spirit, emotions, and mid, as well as refresh the body.

Professional licensees returning to work after a sabbatical return refreshed, anxiety-fee, renewed and rejuvenated. They are able to resume their work with vigor and a renewed sense of ambition because the sabbatical allowed them to clear their heads. Alternatively, a sabbatical could convince the professional that his or her chosen profession is the wrong one and that it is time to leave to do smoothing else. A sabbatical can provide a sense of clarity that vacation simply cannot.

Declining Mental Health can Lead to Licensing Discipline

Call Kansas and Missouri Professional Discipline Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation if you are a professional licensee facing discipline stemming from mental fatigue, anxiety, or other mental health problems. You can rely on Attorney Sanger’s knowledge, experience, and most importantly, compassion to protect you, your profession, your family, and your way of life.

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Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Physician Disruptive Behavior

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There was a time when physicians were kings of the castle; almost all male, they dominated everyone else working in the health care system and could act any way they wished, especially towards female staff working with them. Those times are long gone. The entire health care system has changed dramatically, with more significant gender equity among physicians, nursing staff, and other medical professionals and a much lower tolerance for inappropriate and disruptive behavior. There are also far more independent contractors working in the medical environment who are not beholden to physicians.

“Physician disruptive behavior” is a term that license defense attorneys hear more and more lately. In a nutshell, it is behavior that is so inappropriate and extreme that it causes a performance breakdown in a medical team. I will get into the specifics of physician disruptive behavior below but want to underscore that it can lead to licensure issues, including suspensions and revocations in extreme cases.

If you are a physician in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

What is Physician Disruptive Behavior?

The medical environment, whether it is an operating room or a busy specialist’s office, is usually stressful. As a result, it is not unusual for people working in that environment to occasionally “blow up” under the stress of the moment, which is uncomfortable for all involved. In the best situations, this sort of event is followed by a sincere apology, and everyone moves on like the professionals they are.  That sort of occasional, situational disruption is not “physician disruptive behavior.”

Physician disruptive behavior is characterized by a pattern of extreme conduct that prevents other members from effectively performing their roles in the medical environment. This sort of behavior is not limited to stressful situations, and often is how the physician treats those working around him or her.  Examples of physician disruptive behavior include intimidating behavior, abusive language, using anger to communicate, and using threats of violence to compel action.  Another hallmark of this sort of behavior is that it is not limited to subordinates, but is often also directed at peers and patients.

Physician disruptive behavior is a problem because of the ill effects it has on the medical staff.  If a physician so terrorizes staff that they do not bring questions regarding patients’ care to his or her attention or avoid questioning the physician’s mistakes, then patient care is suffering. When a state medical board becomes aware that a physician’s behavior is resulting in a diminishment in patient care, licensure issues may ensue. While allegations can be triggered for several reasons—some legitimate, some not—they all must be taken seriously and addressed immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license to lose it because of allegations regarding physician disruptive behavior.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any claims against you, and can mean the difference between getting back to helping your patients and losing your career forever. As you know, medicine is a rewarding career—don’t let allegations of misconduct end it prematurely.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains: Is My Nursing Licensure Case Criminal or Civil?

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Nurses sometimes come to my office for a consultation regarding a licensing issue, and one of the first questions they ask is “can I go to jail for this?” The difference between jail-worthy offenses—criminal matters—and cases with “only” licensing consequences—civil matters—is not always clear, and depending on the conduct in question, the nurse’s case could end up being criminal, civil, or both. Because I so often get questions about the intricacies of these matters, I have written the following blog post to explain the difference.

If you are a nurse in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone. 

How Criminal Charges and Licensure Allegations Can Overlap

Criminal matters can result in the state putting you in jail, or taking your “liberty” in constitutional terms. In criminal cases, a district attorney files a criminal complaint against you in court, and you usually learn of the charges by being served by a police officer or by being arrested. A significant amount of “due process” is required in a criminal case.  Due process means an opportunity to know what the accusations are against you, a chance to review the evidence against you, and a hearing where you and your attorney can confront or attack those accusations and evidence with your evidence.  Similarly, the standard of proof—beyond a reasonable doubt—is high in a criminal case, a jury usually judges guilt or innocence, and the hearing or trial process is quite formal. Licensing cases typically are not criminal matters, although they can evolve into criminal cases later on, which I will discuss further.

In contrast, a civil matter is one where the state seeks to take some “property” from you, specifically, your property interest in your nursing license. Like in a criminal case, the state nursing board cannot take or suspend your professional license without “due process.” But in a  civil matter, the amount of process you receive is far less than in a criminal case.  A board usually makes licensing decisions after a much more informal hearing.

An Example

Take as an example: a nurse who is providing her relatives opioids for their pain without a prescription. If the state nursing board is alerted to this practice, the nurse will likely receive a notice of accusations in the mail, initiating her due process rights. That letter is a civil matter. If she is found to have violated the pharmacy regulations by a preponderance of the evidence—by a likelihood of at least 51%—she will have a civil penalty such as a fine, suspension, or license revocation. However, distributing opioids without a prescription is also a crime.

If the nurse in the above example admits in her civil hearing before the nursing board that she has been distributing opioids, that information can be used against her criminally. A statement made in a civil hearing, like any statement, can be used against you, even if it is not made under oath. The Assistant Attorney General who prosecuted the nurse’s licensing issue can hand the transcript of her admission to an Assistant District Attorney who can then charge the pharmacist with felony drug distribution.

As I stated above, the burden of proof in a criminal case is “beyond a reasonable doubt,” which is much higher than the civil hearing’s “preponderance of the evidence” standard. But if the nurse has admitted to distributing the opioids, that unequivocal admission will likely meet either standard. As a result, a civil matter can quickly turn into a criminal one if the conduct alleged violates both the state regulations that govern your medical field as well as the criminal statutes.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your nursing license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the criminal implications of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with nursing licensing issues.

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How Telemedicine Can Jeopardize Your Veterinary License

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Like so many fields, technology has made it possible for veterinarians to serve clients remotely.  Using computers, telephones, and Skype-type video links, many veterinarians in Missouri and Kansas can help patients well even when they are not physically present with the animal in need. But while these technological advances allow for quick consultations over vast distances, they also allow for several potential licensing issues. At direct issue is whether a “veterinarian-client-patient-relationship” is established between the person contacting the veterinarian and the veterinarian. This is an emerging area of law, so I wrote the following blog post to provide an overview.

If you are a veterinarian in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

The Veterinarian-Client-Patient-Relationship

Veterinarians want to help animals and put their owners at ease.  Telemedicine has made this more accessible but relies on diagnosis of problems without actual physical exams. Because these diagnoses lack that critical foundation, veterinarians often ask whether an incorrect diagnosis could result in an allegation of misconduct or malpractice.

As I mentioned above, the key element when looking at issues involving veterinarian conduct and allegations of misconduct is the veterinarian-client-patient-relationship.  Generally speaking, a veterinarian establishes a veterinarian-client-patient-relationship when she has sufficient knowledge of the animal in question to make a preliminary diagnosis of its medical condition, and that knowledge is either based on a past physical exam or a personal acquaintance with the animal.  That means that a call-in diagnosis that lacks the foundation of an actual, hands-on exam will usually not trigger a veterinarian-client-patient-relationship, which, in turn, means that a licensing board can not bring misconduct allegations based on these telemedicine interactions.

While the Missouri or Kansas licensing boards may not be able to bring a licensing action against a veterinarian who allegedly makes a misdiagnosis or acts negligently during a telemedicine session, that does not mean that the animal’s owner could not bring a civil negligence suit. Such a case would likely allege either that the diagnosis was negligently given or that the doctor’s use of telemedicine was itself negligent, meaning that the technology was insufficient to adequately asses the animal’s condition.

Negligence means that a person had a duty to protect another person—here, an animal—and failed to make reasonable efforts to meet that duty.  In telemedicine, the veterinarian must be able to demonstrate that the exchange of medical information using electronic communication, including audio telephones, text messages, or email allowed the veterinarian to meet or exceed the minimum competent standard of practice.  Veterinarians must follow the same rules for telemedicine as for in-person visits, including meeting requirements for recordkeeping and confidentiality. Veterinarians must always base diagnoses on extensive give and take communications across emails, telephone, or video conferencing and should never rely on an intake questionnaire.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your veterinary license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you, and can mean the difference between getting back to treating animals and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with veterinary licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Licensure Issues for Anesthesiologists

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Anesthesiologists are particularly finding themselves scrutinized in the frenzy to punish anyone connected to the opioid crisis. There are also many other reasons for an allegation to arise, including patient boundary issues, alcohol and drug abuse, and misappropriation of patient money.  When anesthesiologists come to my office, they often ask what they should do if they receive an administrative allegation that they have committed some form of misconduct.  Because this is an increasingly common question, I have written the following blog post to provide an overview.

If you are an anesthesiologist in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

When an Allegation Arises

Anesthesiologists in both Missouri and Kansas must possess a valid state medical licenses to practice medicine.  That license gives the states the ability to discipline physicians practicing in the state —such as demanding extra training or imposing license suspensions or terminations.  Misconduct allegations frequently arise from patients and their family members, co-workers, or through hospitals’ reports to a national data bank.  Some of these allegations are legitimate, while others arise from heartbroken patients and disgruntled colleagues.  Regardless of the allegation’s legitimacy, it must be dealt with aggressively.

The state cannot merely revoke an anesthesiologist’s license.  In severe cases, the license can be temporarily suspended if the physician is suspected of actively practicing in a manner that poses a risk to patient safety, such as practicing while under the influence of drugs or alcohol.  In all cases, an anesthesiologist must be provided due process before any disciplinary action can be taken against him or her.  Due process is a legal term stemming from the U.S. Constitution’s Fifth Amendment, which prevents the government from taking any “life, liberty, or property” from a person without due process.

In this context, due process means that a physician will have the opportunity to see all evidence supporting the allegations against him or her, have a chance to confront or challenge that evidence with witnesses and evidence, and will receive some form of a hearing or consideration from an administrative board.  The administrative board’s decision can then be appealed through the courts.

It is vital that you contact a licensing attorney if you receive any allegation of misconduct.  Like you are a specialist in anesthesia, you want an attorney that specializes in licensing cases.  Second, you should say nothing about your case, even if you think you are helping your case.  All of your statements can and will be used against you later, including comments you make on social media or to friends and family.  Only conversations with your attorney are “privileged,” meaning that they do not have to be produced at your administrative hearing later.  Finally, preserve all records related to the alleged misconduct, including computer files and emails. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever. Anesthesiology is a rewarding career—don’t let allegations of misconduct end it prematurely.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Physicians Can Avoid Inappropriate Contact with Patients

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Physicians are placed in complicated positions every day.  They must touch patients’ bodies and interact with patients in full or partial undress.  They must touch patients’ genitals in the course of exams. They deal with distraught patients.  On top of all of this, they have to maintain a positive bedside manner without appearing affectionate or too jovial. This is a challenging tightrope walk, and misperceptions and missteps frequently give rise to allegations of inappropriate contact with patients.

If you are a physician in Kansas or Missouri facing an allegation of misconduct involving inappropriate conduct with a patient, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Tips for Avoiding Allegations of Misconduct for Physicians

Know when to step aside—if a patient expresses misgivings about you performing a procedure or examination because of your gender, you can tell them many things about your training and professionalism to make them feel better.  However, in that situation, it is probably a better idea to ask a physician to step in that the patient feels comfortable with.

Go out of your way to respect the patient’s privacy—make privacy one of the hallmarks of your practice.  Make sure that the patient can dress and undress in a private setting and only touch and expose the patient’s body to the degree necessary.  Before touching the patient, explain what you are doing and why and ask whether the patient consents. By making this your default manner of engaging with all patients all the time, you have developed defense if you are accused of touching a patient inappropriately.

Bring in a third party—if you are performing a particularly invasive examination, ask a medical assistant to join you in the examination room after getting the patient’s consent. Having a third party present is the best possible way to insulate yourself from subsequent allegations of inappropriate conduct.

Maintain your professionalism—Never joke about a procedure or a patient’s body.  Do not talk about other patients, even if you do not use their names.  While you may find your comments amusing, it is likely that they are unsettling to a patient, especially one that does not know you very well.

What Should You Do if an Allegation is Leveled Against You?

Do not downplay the seriousness of any employer or medical board inquiry into your conduct.  Similarly, I have seen many physicians try to “help” investigators by providing a statement early in the process—this is a massive mistake.  If allegations of misconduct arise against you, do not discuss them with anyone—not coworkers, not loved ones, and not on social media—and contact an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

As a physician, you are trained to touch patients in a consensual manner that is appropriate to the examination or treatment you are providing. Your professional conduct can be misconstrued, however, leading to allegations of misconduct. You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice when you needed it. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your medical license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Maintaining Your Nursing License While in Drug or Alcohol Treatment

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No profession is free of addiction issues. That said, with high stress, significant opportunity for injuries, and easy access to prescription medications, nursing is a profession ripe for drug and alcohol abuse. Nurses who seek treatment for their addiction should not lose their nursing licenses or suffer a suspension while they undergo treatment.  But what is the best way to both attain the treatment you need and protect your license? That is a question that requires assistance from an experienced licensing attorney, and I have written the following blog post to answer it.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Addiction is a Real Risk

While nurses know better than anyone about the risks of alcohol and drug dependence, stress, injuries, and easy access to drugs make addiction a risk that should not be underestimated. If a nurse is found to be working while suffering from addiction in Kansas or Missouri, a range of penalties could ensue, ranging from mandatory drug testing to license suspension to license revocation.  Seeking treatment for the addiction seems like a reasonable course of conduct, but it can trigger an investigation.

Keeping Your License While Attaining the Help You Need

Working with an experienced licensing attorney, you can notify your employer of a need to take leave, even just intermittent leave, to attain drug or alcohol treatment.  Your right to take this leave may be protected under the federal Family Medical Leave Act, but you will want to notify your employer in a manner that does not trigger suspicion that you have been practicing nursing while under the influence of drugs or alcohol. You will want your notification to your employer to be specific, but it must also avoid any language that could suggest that an investigation is warranted. In the end, the goal is that your employer will be on notice of your need to seek treatment, the timeframe that that treatment will require, yet will also be assured that you will be able to return to work once again as a responsible nursing professional.

As the following description indicates, you may have a challenge ahead of you. Your priority is to get sober, and it will be easier to do that knowing that your livelihood is not in jeopardy. Having an experienced licensing attorney help, you document your needs and expectations is the first step to getting your life back in order. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

If you are attaining drug or alcohol treatment, you are taking a step in the right direction and should not be penalized for dealing with your problems proactively. That said, too often nurses are punished when they admit they have a drug or alcohol problem.  You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when sought help. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your nursing license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Describes How Nurses Can Enhance their Practice and Avoid Discipline

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The news is full of reports of hair-raising medical malpractice cases. But any nurse can tell you that these incidents are really quite rare. That is not to say that patients are not injured due to mistakes; on the contrary, patients are injured, but these injuries more commonly arise from minor mistakes that compound over time, not from massive, single incidents. For nurses, these mistakes commonly arise during observations, when the nurse is checking in on the patient’s health, condition, and progress.  Because documentation is so necessary in nursing, these lapses and mistakes are often easy to catch and result in discipline.

I wrote the following blog post to explain how better observations can improve your chances of avoiding discipline. If you are a nurse in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

How Careful Patient Observations Help You Avoid Discipline

As a nurse, you must properly observe, assess and monitor your patients’ care. Injury and death may result from a lapse in this duty, resulting in discipline against you and even legal claims.  As I said above, it is fairly rare that a single, dramatic lapse causes this sort of unfortunate result; usually, it is caused by the slow accumulation of sloppy practices and shortcuts.

It may sound strange, but you have an opportunity to create the evidence that will be used against you in a licensing case.  What I mean is that your written patient observation notes are the best evidence of your innocence or your guilt. Your failure to keep records of your observations and actions is the best possible evidence against you—don’t give the licensing board an easy case! Instead, always be diligent about documenting that you monitored vitals, provided medications, noted changes in the patient’s condition, and any other care you provide. While time-consuming, making these behaviors a habitual practice will pay dividends in the long-run.

Stay Current on Your Required Professional Education

As a professional, you should want to be up to date regarding changes in your field. As you are well aware, technology and treatment protocols change rapidly. Stay up to date with these changes by maintaining your professional education requirements; failure to do so is often used as evidence when an error occurs. Importantly, if you fail to integrate these new practices into your patient care, this glaring omission will stand out to a board imposing discipline. Do not give the state licensing board their case against you—stay up to date on your training.

Hire an Experienced Licensing Attorney if Allegations Arise

While taking the above steps will help you avoid allegations, hospital politics, disappointed patients, and other factors outside your control can still lead to accusations. Too many nurses believe that they can talk their way through the discipline process. You can’t. If any allegation arises against you, contact an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

You have worked too hard to attain your nursing license to lose it because you failed to attain the sort of professional legal advice you needed when an allegation was made against you. Taking the above steps to improve your observations is just one piece of helpful information; speak with an experienced licensing defense attorney to arm yourself with the other essential parts of advice you need—it can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your nursing license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.