Tag Archive for: Kansas And Missouri Professional Licensing Attorney

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides an Overview of Licensing Boards

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Many people come to my office holding a notice from a state licensing board, and their first questions usually involve the powers and protocols of that board. As a result, I receive many questions regarding licensing boards, such as why they exist and what are the scope of their powers. I have written the following blog post to answer those questions.

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.

The Constitution Protects Your Property Interest in Your License

The U.S. Constitution’s Fifth Amendment prevents the state from taking your “life, liberty, or property” without due process of law. You have a property interest in your license; while it is not a piece of land or a house that you pay for, it is an object that you invested time and money into attaining.  Accordingly, the state cannot take or diminish that property—your license—without due process of law.

There are a tremendous number of settings where the state has to provide due process. If the state is going to take your life using the death penalty, there are extensive court requirements, including the right to a jury trial and appeals. Similarly, if the state is going to take your liberty by putting you in jail, you will have hearings and a trial first.  But if the state is going to suspend your professional license, a less onerous deprivation, it usually delegates the due process hearing to an administrative body.  That administrative body develops expertise in the areas it is charged with regulating and bears responsibility for disciplining members of a professional group.  The administrative body is the state licensing board.

Due process is often associated with courts and legal proceedings.  But the licensing board does not have to take you to court to suspend your license or to impose other discipline. For the licensing board to impose discipline, the due process requirements are relatively straightforward—the state must provide you with notice of the allegations against you and any penalties that may be imposed as a result; the state must provide you with an opportunity to review the information being used to support those allegations; and the state must provide you with a chance to state your argument in opposition to the allegations against you.

Accordingly, in both Kansas and Missouri we have licensing boards that govern all of each states’ licensed professionals.  They set standards for attaining licenses, establish criteria for maintaining a license and investigate and discipline license-holders who may have fallen short of licensing requirements.  If a license holder disagrees with the licensing board’s decision, those decisions may be appealed to the courts, all the way to the state supreme court, for further review.

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

You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your 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 Asks: Is Your Real Estate Assistant Putting Your License at Risk?

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Real estate agents are respected members of the Kansas and Missouri professional communities.  But like any other professionals, real estate agents have to maintain good standing with their licensing agency if they want to continue their career. In particular, I have seen cases recently where realtors either fail to supervise their assistants or allow their assistants to have too significant a role in transactions. Either type of activity can result in discipline for the supervising realtor.

If you are a real estate 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.

Failure to Supervise and Allowing Unlicensed Activity

One of the realities of being a real estate agent is that there is way more work than there are hours in the day to perform it all.  As a result, successful realtors frequently hire real estate assistants who perform more run of the mill aspects of the work so that the realtor can devote time to focusing on getting new business and closing the big deals.  While this sort of division of labor results in significant efficiency and economies of scale, it can also result in ethical violations that can cost the supervising realtor his or her license.

Realtors frequently find themselves in hot water when they do not supervise their employees’ creation of promotional materials, contact with clients, and other duties. Whether knowingly or not, employees become empowered, take on more complex tasks, and begin performing duties that only a licensed realtor is allowed to perform.  This results in two types of license problems, failure to supervise and allowing the unlicensed activity.

As a real estate professional, you know that there are certain activities that only someone holding a real estate license can engage in.  In a failure to supervise case, the state alleges that a realtor’s subordinates engaged in behaviors reserved for realtors and that the licensed realtor failed to prevent this behavior. Similarly, an unlicensed activity case alleges that a realtor allowed those working for him or her to engage in professional activities reserved for licensed realtors. Here is a list of activities that are generally prohibited for real estate assistants, and that are frequently the cause of licensing issues for their supervisors: showing properties, hosting open houses, explaining listings or contracts to buyers or sellers, negotiating, conducting or gathering business on behalf of a realtor.

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

You have worked too hard to attain your real estate license to lose it because you failed to attain professional legal advice in a timely fashion. Reviewing the allegations against you, getting your evidence in order, and deposing witnesses are just a few of the important tasks a licensing attorney will perform to best position you to avoid any sort of discipline.  I also have tremendous experience working with licensing agencies and can negotiate an agreeable penalty if no successful defense is available. Contacting an experienced licensing attorney can mean the difference between getting back to helping your real estate clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your real estate 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 Ethical Violations in the Psychology Profession

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Psychologists are highly respected members of their communities. In turn, they are expected to live up to a very high ethical standard. I frequently advise psychologists about their professional obligations and the best ways to avoid allegations of impropriety. Because psychologists are entrusted with confidential information, money, and private physical access to patients, there are many opportunities for a disgruntled former client or colleague to make an allegation of wrongdoing. As a result, it is essential to avoid situations where these sort of accusations could arise.

If you are a psychologist in Kansas or Missouri facing an ethics investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Do not agree to speak with an investigator without an experienced attorney by your side. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot navigate alone.

Attain Informed Consent

At the outset of your professional relationship with a new client, you must attain his or her “informed consent,” meaning you must provide sufficient information regarding the parameters of confidentiality, record keeping practices, your expertise and training, services you do and do not offer, expected duration of therapy, the patient’s right to end treatment, and fees and billing practices. Failing to provide this information in writing often leads to miscommunication and complaints later.

Understand Appropriate Relationship Boundaries

You have been taught the rules regarding relationship boundaries.  However, we are all human, and relationships tend to evolve in complex and surprising ways.  Never have a romantic or physical relationship with a patient.  Similarly, you should never see a family member, business associate, or close friend as a patient.  While it may seem harmless at the time when this line is crossed, I tend to see complaints come later, when the romantic or business relationship dissolves and feelings are raw.

Stay Within Your Area of Expertise

While it may be tempting to help someone out with a problem outside your area of expertise, it is not a wise decision to do so.  If you practice outside your area of expertise, you are exposing yourself to possible complaints that you lacked competency to handle your client’s problems.

Follow the rules Regarding Confidentiality

Follow the APA Ethics Code regarding confidentiality.  Whether you live in a major city or small town, disclosing a client’s confidential treatment information to anyone is a significant breach of ethics.  Even if this information is formally requested from you, your ethical duty is only to disclose as little information as possible.

Practice Ethical and Transparent Billing Practices

Accurately bill your client and insurers.  Keep careful, accurate records of bills and supply duplicate copies upon request.  Do not provide services that you do not bill for, and do not let patients pay for services that their insurance companies do not cover.

Know How and When to Terminate the Therapeutic Relationship

As you know, it is your ethical duty to terminate treatment if the client has ceased benefiting from your treatment. Similarly, if your client is no longer benefiting from treatment, you must also end your professional relationship. In these situations, you must clearly explain why your ongoing treatment is no longer appropriate. If another provider can help the patient, make a referral.  While these are sensitive conversations that you will have face-to-face with your client to avoid any feelings of rejection, you should document them thoroughly in your notes and a follow-up letter to the patient so that there is no miscommunication.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

As a psychologist, you have worked extremely hard to attain your license and the respect of your community.  An inquiry from a licensing board regarding your professional actions and decisions means that your livelihood is in jeopardy. If an investigation ensues, you will need help in gathering and organizing evidence, hiring expert witnesses, cross-examining witnesses, among other tasks.  Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to serving your clients 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 licensing issues.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Why Pharmacists Under Investigation Need to Stay Off Social Media

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Are you a pharmacist that has either received either a notice of investigation from your employer, a notice of an investigation from your licensing board, or a notice of a pharmacy audit? Any one of these notices means that an allegation of misconduct may have been made against you and that your career is in jeopardy.  I have written many blog posts about my general advice to remain silent in this situation but wanted to focus an entire post on the need to entirely refrain from using social media while this review of your professional conduct occurs.

I wrote the following blog post to explain the social media steps you should take, and more importantly avoid if you receive a complaint from your state licensing board or employer. If you are a pharmacist 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.

Why Social Media is So Tricky for Pharmacists

Popular social media platforms such as Facebook, Twitter, and Instagram are all enjoyable ways to communicate with friends and family and to tell the world what is going on in your life, but they also serve as a permanent record of conversations that may be misconstrued by an investigator or disciplinary board. As a pharmacist, you are expected to display a professional and trusted persona.  As a result, social media platforms are a horrible place to complain about an investigation into your conduct at work. No matter how upset or angry an investigation makes you refrain from commenting about it on social media. In fact, I always go a step further and recommend that my pharmacist clients delete their social media profiles altogether while any allegations against them are pending.

Social media mistakes tend to fall into two categories.  First, it is easy to make a post or statement that will be taken out of context later; complaints about an investigation or your employer are particularly easy to misconstrue.  Second, we all post wacky pictures from our vacations and good times with our friends.  But while you are under investigation, photos you post, even after-hours behavior, can be used to support their allegation that you are drinking too much, abusing drugs, or otherwise acting unprofessionally.

When you express yourself on social media, you are “speaking” to the world, including the investigator or board reviewing your conduct. As you have seen numerous times on television crime dramas, “you have the right to remain silent,” and I advise you to exercise that right vigorously.  Simply put, do not make any statement to anyone without an attorney by your side, including on social media.

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

You have worked too hard to attain your pharmacist’s license to lose it because you failed to attain professional legal advice. Staying off of social media while an investigation is pending is just one piece of advice that you need to observe; speak with a licensing defense attorney to arm yourself with the other essential pieces of advice you need.  Contacting an experienced licensing attorney can mean the difference between getting back to helping your clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your pharmacist’s 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 the Most Common Reasons Physical Therapists Lose Their Licenses

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Physical therapists are particularly vulnerable to allegations of misconduct, as they have close contact with clients, have access to client’s confidential information, and are often working with clients one-on-one. Physical therapists often ask me if there are particular behaviors they should avoid or best practices they should adopt. Because I am so frequently asked about this topic, I have written the following blog post to outline the most high-risk behaviors.

If you are a physical therapist 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.

Top Threats to Physical Therapists’ Licenses

In my years defending physical therapists’ professional licenses, the following are the most common examples of conduct that results in allegations of unprofessional or unethical conduct:

Sexual Misconduct.  You should never have any sexual or romantic relationship with a patient, as this is one of the surest ways to lose your license. Similarly, you should not treat someone with whom you have previously had a sexual or romantic relationship. While either of these scenarios may not seem problematic when they are occurring, once the relationship ends and one party is spurned, allegations quickly arise.

Drug and Alcohol Abuse. If your drug or alcohol use is impairing your ability to do work with your clients, you are extremely likely to face some discipline. Even if you are not impaired at work, if your drug or alcohol use is close to your work hours, you are likely to be perceived as unprofessional—don’t take the risk.  Finally, the use of illegal drugs or using prescription drugs without a prescription, even if the use is unrelated to your employment, is likely to jeopardize your ability to work in any medical setting.

Fraud and Misrepresentation. Never promise or perform treatments that you are untrained or unlicensed to perform. Never bill for a procedure you did not perform or for unnecessary treatment. Not only is this sort of behavior dishonest and wrong, but it is also very likely to result in being caught, as insurance companies have advanced methods of noticing and proving fraud.

Patient Abuse. It does not need much explanation, never touch your client without his or her consent. Never touch your client sexually or in a manner that could be perceived as sexual in nature.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your physical therapy license. Allegations based on miscommunications, inter-office conflict, and vengeful patients can cost you that license, even if they are not true. Physical therapists often come to my office for a consultation after they have received a notice of investigation from either their employer or licensing board.  Sometimes they are still in a good position, and there is a lot I can do to either minimize the damage or have it dismissed altogether.  However, there are other times when there is very little I can do because the medical professional involved has tried to “go it alone” or tried “to be helpful,” thinking that these may be successful strategies. They aren’t. Contact an experienced licensing attorney now to protect your interests.

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 professional licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains What Nurses Should Do if They Receive a Notice of Investigation

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Nurses often come to my office for a consultation after they have received a notice of investigation from either their employer, a medical center, or the state licensing board. They are worried that allegations against them will result in a loss of their nursing license.  In some cases, these nurses have already made a full statement to a member of the human resources staff investigating the allegations or to an investigator from the state nursing board. Unfortunately, in these situations, the damage to their license is often already done. Investigators are trained to be friendly and disarming, so it is natural to think speaking with them may help a nurse’s case—it won’t.

But what should you do if you are a nurse contacted by an investigator regarding allegations of misconduct? I wrote the following blog post to explain the steps you should take, and more importantly avoid if you receive a complaint from your state licensing board or employer. 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.

Don’t Do the Investigator’s Work

The stakes are high.  The investigator looking into an allegation against you may have little or no evidence, only an accusation. Your statement may be the only evidence to support a claim, and it is easy to misconstrue your comments made under pressure in a manner that makes you look guilty. To defend yourself, you may accidentally disclose some other misconduct.  For example, I have seen nurses accused of abusing opioids. In a misguided attempt to defend themselves, they denied using opioids but conceded that they do use marijuana after work to relax.  While they may have been right to deny the opioid use, they are now under investigation for using other illegal drugs.

Remain Silent

Always remain silent until you have spoken to an attorney. As you have seen numerous times on crime dramas, “you have the right to remain silent,” and you should exercise that right.  Simply put, do not make any statement to anyone without an attorney by your side. It is a massive mistake to think you can handle an investigative meeting alone or that you can play along with the investigation to make things go away. You are just digging yourself into a deeper hole and playing into the investigating agency’s hands when you attempt that sort of foolish strategy.

Do Not Ignore the Allegations Against You

While you should not speak with investigators or give any statement, you also should not ignore the allegations against you. Failing to respond to any complaints against you will only bolster the argument that you are not performing your work professionally.

Do Not Speak About the Matter with Friends, Family, and Coworkers

Only speak to your attorney about the claims against you. Your statements to your attorney fall within the attorney-client privilege and do not have to be disclosed. Anyone else can be questioned and must disclose your comments.  Your coworkers are likely to be asked about your conduct and statements, so especially avoid making statements to them about anything related to your case.

Nurse Under Investigation? Contact a Kansas and Missouri Licensing Attorney Now

As a nurse, you have worked too hard to attain your nursing license to lose it because you spoke too freely to an investigator. Contacting an experienced professional license defense attorney to help you through the investigative process 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 professional licensing issues.

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How Legalized Marijuana Affects Medical Professional’s Licenses

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On November 6, 2018, Missouri legalized medical marijuana. Since then, medical professionals have contacted me to ask what the effect this legal change has on their licenses and whether they are allowed to use medical marijuana.  As of right now, the answers to those questions remain murky, but I can provide some general advice to help guide medical professionals avoid obvious pitfalls. For more specific questions, professionals should contact me directly.

If you are a medical professional in Kansas or Missouri facing an investigation into your conduct, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Medical marijuana is an emerging legal field, and you need the help of an experienced attorney to guide you through any inquiries into its use. Do not agree to speak with an investigator without an experienced attorney by your side. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot navigate alone.

Medical Marijuana Issues

Society holds medical professionals to a higher standard than those in other professions. This is due to several factors, including the trust the public places in the medical professional, the effect of federal drug laws, and the risk to the public involved in medical professionals’ work. Accordingly, just because your friend who is a banker, engineer, or attorney is now using medical marijuana does not mean that you will also be able to use it too.  Having a medical marijuana card is neither a “get out of jail free card” from your employer nor a license to be intoxicated, issues I will describe in depth below. While medical marijuana is a new issue here in Missouri, many of the problems it poses are analogous to those already in place for alcohol and other intoxicants.

Employer Rules May Be Stricter than State Law

While it may be legal in Missouri to use medical marijuana, that does not mean that your employer has to approve of its use. The U.S. Drug Enforcement Agency regulates hospitals and other medical centers, and marijuana remains illegal under federal law. Accordingly, marijuana use in a federally regulated work environment likely jeopardizes the medical center’s license to prescribe and dispense medicine. As a result, your employer may prohibit medical marijuana use. Accordingly, just having a medical marijuana card, even if you do not subsequently use marijuana, may jeopardize your employment as a medical professional.

Use May Still Violate Professional Standards

As I said above, alcohol has been legal for a very long time, but coming to work under the influence of alcohol or even with alcohol in your system may violate the standards of your profession.  The same sort of tension exists now that marijuana is legal for medical purposes in Missouri.  If you make a mistake at work, even one seemingly unrelated to your use of medical marijuana, you may be accused of being under the influence. Similarly, if you come to work smelling of marijuana you may be accused of a lack of professionalism; while it may be legal to use medical marijuana, its use may result in allegations that you are violating other professional standards. Again, this is similar to alcohol. Alcohol is legal, but if you come to work smelling of it, you should expect a professional licensure complaint.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your professional license to lose it because you failed to understand issues surrounding your medical marijuana use adequately.  An inquiry from a licensing board or employer regarding your medical marijuana use means that your livelihood as a medical professional is in jeopardy. Contacting an experienced licensing attorney immediately to help you through this process 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 licensing issues.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How Charting Errors Can Lead to Discipline

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One of the most time consuming and tedious aspects of the nursing profession is charting. That said, it is also one of the most vital tasks, as it is the primary line of communication between you and the rest of the medical professionals on your team. If you are a veteran nurse or work in a rural or small clinic, you may be acquainted with hand-charting your patients’ health information. On the other hand, if you work in a modern medical facility, you may use an entirely electronic charting program. Regardless of the charting system you use, charting errors and omissions can cost you your job and your nursing license

Before my work representing medical professionals in licensing cases I advised the boards that discipline them. As a result, I have a unique insight into how to avoid discipline altogether or to minimize it when avoidance is impossible. I frequently represent nurses accused of charting errors and often achieve positive results on their behalf. If you are a nurse in Kansas or Missouri facing an investigation that jeopardizes your professional license, call attorney Sanger today at 785-979-4353 to schedule a free consultation.

Charting Mistakes and Fraud

I frequently see nurses accused of charting mistakes that fall into two categories. The first category is somewhat minor mistakes that taken together demonstrate a pattern of sloppiness. The second is serious, singular errors that result in harm to patients and other sentinel events. I am categorizing both of these types of allegations as “mistakes” because they are the unintentional results of overwork, poor charting systems, or other medical professionals’ errors.

The following is a list of common chart mistakes that I see: food allergies, medication reactions, changes in patient conditions, treatment actions taken, physicians’ requests to discontinue the use of a medication, adverse effect of a medication, known preexisting conditions. I also frequently see mistakes such as inadvertently writing one patient’s chart notes on another patient’s chart. Finally, I often see mathematical errors, such as writing “2 milligrams” when in fact the patient received “.2 milligrams” of a drug.

Less frequently, my clients are accused of fraudulent charting, which is the intentional misrepresentation of patients’ medical information. The reasons alleged for fraudulent charting vary, but often involve an overworked nurse trying to “catch up” on charting that he or she did not do but should have. Rather than come clean about the omission, the nurse fabricates information for a patient’s chart to cover his or her tracks.

Often, nurses’ inadvertent mistakes are misconstrued as a pattern of sloppiness or intentional fraud when, in fact, they are simple human error.  An attorney can help you gather evidence and explain the situation in a manner that makes that critical distinction clear. A single mistake or mischaracterization should not define your nursing career.

Contact an Experienced Kansas Licensing Attorney Now

You have worked too hard to attain your nursing license.  If you receive a notice of investigation, my experience is that “playing along” and being helpful will only hurt you in the end.  Do not speak to any investigators or agree to any type of suspension without an attorney to protect your interests. Your livelihood is at risk, and the challenge facing you is one you cannot navigate alone. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your clients 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 prepared to guide you through your licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides an Overview of the Nursing Complaint Process

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I have seen nurses’ lives and careers devastated because they agreed to a “voluntary suspension” of their nursing license or to speak to an investigator without the assistance of an attorney while the nursing board investigated allegations of misconduct. While the nurse under investigation believed that “playing ball” or helping the investigators would help their case, this seemingly positive action had tremendous negative consequences.

If you are a nurse in Kansas or Missouri facing an investigation that jeopardizes your professional license, call attorney Sanger today at 785-979-4353 to schedule a free consultation.

What Should You Do If an Investigator Contacts You?

If you are a licensed nurse in Missouri or Kansas and have been contacted by a state nursing board investigator, it means that a complaint was made against you. More troubling, it indicates that the state nursing board believed that the complaint had some merit and was worth investigating.  Former patients, former coworkers, or an employer can file a complaint against you. The complaint can be based on procedural grounds—you made a mistake or were negligent in treating a patient—or on ethical grounds.  Ethical grounds cover behavior within and without the treatment context, such as having an inappropriate relationship with a patient or getting charged with a crime.

What Can I Expect Now That an Investigator has Contacted Me?

If a nursing board investigator contacts you, the board has found enough evidence of wrongdoing to warrant further inquiry into your conduct. The investigator’s job is to find out the facts by interviewing witnesses, requesting documents, and reviewing treatment records. They will request a meeting an interview with  you. They commonly require that you submit a written statement describing the incident that led to the complaint. For each of these stages, you will benefit from having the assistance of an experienced licensing attorney’s help. I previously advised these boards and have seen how poorly drafted statements and incomplete records resulted in devastating results for nurses who tried to “go it alone.” Even small improvements based on years of experience can mean the difference between a dismissal and a finding.

What Happens After the Investigator Finishes His or Her Inquiry?

An investigation takes several months to conclude, depending on the complexity and availability of evidence. When the investigation ends, the investigator submits a summary report. Further action, including discipline, is decided based on the summary report. Discipline may include:

Dismissal– This is the best outcome. This results when the nursing board determines that the behavior alleged does not rise to the level of a violation.

Private Caution Letter– This outcome is not as good as a dismissal, but is favored over discipline. A caution letter involves the board privately admonishing and warning the nurse under investigation that his or her conduct—while not warranting discipline—was imprudent or unwise. The board will remind the nurse under investigation of applicable rules and laws governing the profession.

Formal Complaint –This outcome should be avoided at all costs. It involves the board finding a regulatory or statutory violation. The nurse under investigation often has the option to sign a consent agreement or may refuse to sign the consent agreement and instead request a full hearing before the board. If the nurse signs a consent agreement, he or she agrees that a violation occurred and to a set penalty. If the nurse goes before the board, they have another opportunity to challenge the investigation’s validity and to contest the investigator’s findings.  The board will then punish the nurse as they see fit.

As the above process indicates, the investigator’s findings and recommendations will determine the course of action in your case. The matter could be resolved quickly and favorably or may be drawn out. Having an attorney with experience before the board is invaluable at this step. Do not let an investigation ruin what you have worked so hard to build. If a state nursing board investigator has contacted you, seek the help of an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your nursing license.  If you are a nurse under investigation, do not agree to any suspension of any kind or speak to an investigator without an attorney to defend you. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot navigate alone. Contacting an experienced licensing attorney to help you through this process 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 prepared to guide you through your with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains: Most Common Reasons for Chiropractor Discipline

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Chiropractors are a vital part of the medical community. That said, like any other medical professional, they face scrutiny from licensing boards and have false allegations made against them from time to time. They are obviously human as well and are susceptible to mistakes in judgment. I have much enjoyed my representation of chiropractors, and am often asked by my chiropractor clients about what the most common reasons that their peers find themselves before the state licensing board. I have drafted this post to answer that question.

If you are a chiropractor in Kansas or Missouri facing an investigation that jeopardizes your professional license, 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 this alone.

Most Common Reasons for Chiropractor Discipline

Insurance Fraud: Medicare fraud is the most common reason chiropractors lose their licenses. Insurance fraud can be committed by engaging in fictitious billing for services that were not rendered and prescribing unnecessary procedures.

Negligence/Malpractice: An allegation of negligence/malpractice arises when a patient alleges that a chiropractor failed to meet the standard of care for a procedure and the patient suffered an injury as a result.

Criminal Convictions: A criminal conviction may result in a licensure action, but it often depends on the type and severity of the conviction. For example, a conviction for reckless driving is unlikely to have any effect on a chiropractor’s license, but a conviction for illegal drug distribution most likely will.  Similarly, any conviction that suggests that the chiropractor may not be safe with the public or the public’s money, such as convictions for sexual assault, domestic violence, or fraud, may trigger a suspension action.

Sexual misconduct: Chiropractors should not have a sexual relationship with a patient.  This is strictly enforced. What I commonly see is a consensual relationship that started gradually and in conjunction with treatment. When the relationship was going well, the chiropractor thought there was no harm in pursuing it; however, when the relationship was discovered or ended, a complaint arose.

Illegally Prescribing Medications: There is an opioid epidemic in the United States right now, and some of its cause is medical professionals who overprescribed addictive drugs or provided prescriptions to drug-seeking patients who were already addicted. Be scrupulous in your prescription practices to avoid allegations of misconduct.

How Can a Chiropractor Prevent License Suspension or Revocation?

While an allegation may have been made against you, that does not mean that you will be suspended. Before you can have any disciplinary action taken against you, you must receive “due process,” meaning that you must receive the specific allegations against you, the evidence supporting those allegations, and an opportunity to prevent your version of events and evidence at a hearing. With the help of an experienced licensing attorney, you can often have the allegations against you dismissed or reduced. Going through this process alone is foolhardy.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your chiropractic license.  An inquiry from your licensing board means that your livelihood is in jeopardy. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients or clients 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 licensing issues.