Tag Archive for: Kansas professional licensing attorney

Kansas Professional Licensing Attorney Discusses Code of Ethics for Emergency Medical Technicians

Emergency medical service (EMS) providers may be better known as Emergency Medical Technicians (EMTs). The title also includes paramedics. However one refers to them, EMTs are on the front lines helping save people every day by responding to car accidents, heart attacks, strokes, choking victims, people who stopped breathing, drug overdoses, gunshot victims, women who are giving birth, and countless other medical emergencies. They do their jobs well and in dire situations which force them to summons all of their strength and professionalism to make it through. Sometimes it works out for the best, and sometimes it does not, unfortunately.  When it does not work out well for a victim or the victim’s family, they might try to assess blame for the death or injury to a loved one by filing a complaint against the EMTs who responded to the situation. If that happens, Kansas and Missouri professional licensing attorney will zealously advocate on the EMTs’ behalf to protect his or her livelihood and professional reputation.

EMTs are licensed medical professionals in both Kansas and Missouri. In each state, EMS candidates must satisfy a rigorous training and educational course before they can provide emergency services.  Once the EMS practitioner receives his or her license to work as an EMT, they must renew their certifications and take continuing educational classes.

The National Association of Emergency Medical Technicians (NAEMT) has promulgated a code for its members to follow. The code may serve as the foundation upon which EMTs services are provided and the manner in which EMTs provide them. EMS practitioners are sworn to uphold a code; an ethic that reinforces that they must be selfless, professional, and compassionate performing the job they do. The code embodies everything an EMT must be.

The NAEMT code was designed by its authors to enrich the quality of care, and service EMTs provide. Therefore, to abide by the code, EMS practitioners must:

  • Do what they can to preserve life and eliminate pain and suffering. They must not do harm and must provide emergency medical services with equality for all who rely on them for care;
  • EMTs must maintain the dignity of human life. They must not evince any prejudice toward any person. Rather, EMTS must treat people with compassion and respect without regard to race, color, creed, or socio-economic status in life;
  • EMTs must always act for the well-being of the public good;
  • EMTS shall not disclose confidential information;
  • EMS practitioners may use social media but should not compromise their professional integrity or shame the profession in any way;
  • EMS providers must maintain and demonstrate technical competence at all times;
  • EMTS shall maintain the highest standards in the practice and continue to educate themselves on new techniques in addition to maintaining competence in current technologies;
  • Individuals should use their best judgment at all times;
  • EMS providers must cooperate with other healthcare providers, so the patient for which care is given receives the highest-quality healthcare; and
  • EMS practitioners must report unethical or incompetent practitioners or practices as well as refuse to participate in unethical practices.

Following this code allows the EMS providers to care for patients not only with care, compassion, and dignity, but to perform technical, life-saving measures when called upon to do so.

Attorney Danielle Sanger; Aggressive Defense of EMTS In Kansas and Missouri

Kansas Professional Licensing Attorney Danielle Sanger understands and appreciates the sacrifices EMTs make every day for the good of us all. If you are an EMTs facing professional discipline, contact Attorney Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger will use her vast experience to defend you and your profession.

Kansas Professional Licensing Attorney Discusses the Kansas Board of Technical Professions

Kansas Board of Technical Professions (the “Board”) is the regulatory body designated by the Kansas legislature to license and regulate architects, landscape architects, land surveyors, professional engineers, professional geologists, and professional landscape architects (collectively “licensees”). The Board’s mission is to ensure that licensees are adequately educated and have the technical ability to perform the necessary functions as licensees. Additionally, the Board has an obligation to make certain all licensees comply with Kansas’ rules of professional conduct as well as investigate complaints made against a licensees for an alleged violation of the rules of professional conduct. Kansas professional licensing attorney Danielle Sanger aggressively and zealously represents professional licensees facing discipline.

Protection of the public welfare is the aim of the regulations with which the Board is charged to enforce. By following the regulations, licensees preserve the public trust in their given professions and maintain the integrity of their professions. Failure to follow the regulations may result in the Board taking adverse consequences against the licensee. Potential penalties range from a reprimand, either private or public, to suspension or revocation of professional license. The severity of punishment depends on several factors which include the nature of the infraction and the history of the prior history of punishment for the licensee, among other factors.

At the outset, the regulations mandate that each licensee uses their best professional judgment based upon their training and experience. A licensee must report any incident in which their judgment is overruled by another which compromises public safety and security. If such an event occurs, then the licensee must inform their employer or person in charge. Additionally, the licensee must notify the governmental authority who issued a building or other permit allowing the work.

Licensees have an obligation to practice within the scope of their expertise. Accordingly, the regulations prohibit licensees from practicing their profession in a manner that exceeds their education and practical experience. Also, the licensee may not place a seal on any document or drawing in which the technical prowess required to perform the task is not within technological capabilities of the licensee. If the Board determines that is the case, then the Board may require the licensee to take a proficiency test to demonstrate the requisite knowledge necessary to perform the task in question.

The licensee makes certain requirements when signing or endorsing a drawing or other document. Additionally, the licensee is bound by these requirements when giving testimony. They are:

  • Make truthful statements at all times,
  • Be objective, and
  • Include all relevant and pertinent information.

From time to time, a licensee may be called to give expert testimony or an opinion. The licensee’s expert opinion may only include and must be founded upon:

  • An adequate factual basis and understanding,
  • Have the required technical knowledge to render an opinion, and
  • Have a good-faith basis to give the proffered testimony.

The licensee has many responsibilities with regard to financial transactions and must be free from conflicts of interest. Licensees should be paid for their work. However, they cannot accept any remuneration under circumstances which call into question the integrity of the licensee or the profession. For example, a licensee cannot accept anything of value in exchange for a recommendation. Furthermore, a licensee may not accept payment from more than one party involved in a project unless the parties are aware of the conflict.

Kansas Professional Licensing Attorney Zealously Defends Professional Licensees

Kansas Professional Licensing Attorney Danielle Sanger is a zealous and aggressive defender of professional licensees. If you are a professional licensee facing a complaint or investigation, contact Attorney Sanger immediately. Call Attorney Sanger today at 785-979-4353 to schedule a consultation and learn how Attorney Sanger’s experience, knowledge, and skill can make the difference for you.

Kansas And Missouri Professional Licensing Attorney Discusses A Physician’s Responsibility To Debunk “Fake News” Presented By A Patient

One does not have to search too hard today for claims of “fake news” passed off as actual events. Social media has been rife with false claims of factual situations for some time. Unfortunately, such claims crept into our Presidential election, and mainstream media suffered accusations of passing off fake news as fact. The medical profession is not immune from patients being misled by fake news stories. A simple “Google” search can yield seemingly official results, marked with an imprimatur of legitimacy. Internet search results should inspire a person to ask their physician questions and not accept the results as a substitute for a trained medical professional’s opinion.  Consequently, doctors and other healthcare professionals must take care to debunk misinformation presented by their patients. Their failure to do so could lead to claims of unethical behavior and malpractice. Kansas and Missouri professional licensing attorney Danielle Sanger represents healthcare professionals facing allegations of unethical conduct.

The notion of fake news is baffling in many ways. Why promulgate false information? To what end? Joel Cooper, D.O. suggests that people or institutions who generate fake news are trying to manipulate people financially, economically, or politically without regard for the potentially harmful consequences people who believe the fake news can suffer. No one is immune. Dr. Cooper related how the medical device company Theranos created an impression across the medical community that their new product could somehow deliver accurate blood analysis without drawing as much blood from patients as typically required. The claims proved false, yet before Theranos’ claims could be disproved, doctors and other healthcare professionals were buying in.

If physicians can buy into fake news, it is not hard to imagine that a member of a vulnerable population could suffer the same fate, with potentially disastrous consequences.  People who suffer from chronic or fatal diseases, desperate to find a cure, could easily be trapped by unscrupulous claims for a substance providing a miracle cure. Another good example and one which garners much debate is the question of childhood vaccinations.  Many sources claim conclusively that traditional childhood vaccinations cause autism, according to Dr. Cooper, notwithstanding the fact that scientific research proves the hypothesis wrong. Similarly, Dr. Cooper relates that many people in need of taking a cholesterol drug refuse to take a statin only because someone on social media claimed that someone they know suffered a rare side effect from the medication.  Because of the misinformation, the patient refuses to take the drug that can prevent heart disease leading to an early death.

What can be done to combat this problem? Dr. Cooper suggests honest and open communication with their patients and spending time with them to dispel their fears and concerns. Failure to do so can undermine the doctor’s ability to treat the patient with “evidence-based” diagnostic and treatment modalities. Dr. Cooper does not discourage patients from asking questions. In fact, he wants to foster good communication to address his patients’ concerns. Dismissing the patient’s question can be seen as arrogant by the patient cause the patient to refuse to communicate with their physician. Dr. Cooper argues that communication and fostering a higher level of trust is the antidote to the poison of misinformation. Dr. Cooper also argues that doctors owe a duty to the public to work hard to dispel fake news stories. He suggests taking to social media as a method of opening the lines of communication between the public and medical profession.

Failure to Dispel Fake News Stories Early Can Cause Future Problems

Encourage your patients to ask questions. Open, and frank dialogue builds trust between patient and healthcare provider. Failure to do so can result in claims of malpractice and unethical conduct. If you have fallen victim to claims of unethical conduct, call Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353 today to schedule a consultation. Attorney Sanger has devoted her professional life to defending professional licensees who face discipline.

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

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

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

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

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

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

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

Do Not Delay If You Are Served With Temporary Orders

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

Kansas Professional Licensing Attorney Advises Nurses How To Avoid Ethical Problems That Could Lead To Licensing Discipline

Nurses play a critical role in delivering necessary medical care to all patients. We, as consumers of healthcare services, come to expect that our nurse will treat us with empathy, respect, and care. We also expect that our nurses maintain the highest degree of ethical behavior. We do not give it a second thought. However, nurses are human and can make mistakes. Nurses need to take a step back every once and a while and take inventory of who they are and how their nursing practice affects their patients, other healthcare providers, and themselves. Doing so may help you avoid licensing discipline in Kansas and Missouri.

The Kansas Nurses Association recommends that nurses should have a good foundation of nursing ethics to enjoy a long and fruitful career.  The Kansas Nurses Association enumerated five (5) points of emphasis nurses should employ to avoid ethics violations when behavior or possible decisions skirt the boundaries of ethical conduct.  Medical professionals in Kansas and Missouri can benefit from using these tips for maintaining ethical conduct.

One of the suggestions espoused by the Kansas Nurses Association is related to self-knowledge and awareness. They counsel the nurse to know who they are from a personal and professional sense. Reflecting upon their beliefs, standards, and ethics will guide the nurse when making professional ethical decisions.  Self-awareness builds confidence and empowers a nurse to speak out against unethical or questionable medical practices and have the courage to stand up for what the nurse believes.

The second suggestion made by the Nurses Association is related to the first. They recommend not only knowing your ethical beliefs but encourage nurses to live them.  The Kansas Nurses Association suggests that living your beliefs and speaking out for what is right complies with the nurse’s obligation to take care of themselves before they care for others.  Taking care of oneself allows the nurse to meet head-on the daily ethical quandaries they face. But if you do not put yourself in a position to have the skill and courage to know the difference between ethical and unethical behavior then you may not be able to correct unethical medical practices.

The Kansas Nurses Association suggests nurses “go with their gut.” In other words, your instinct will tell you when something is wrong. Intuition is strong; listen to it. Your instinct is usually right.   Acting according to your intuition is different than acting on a hunch. A hunch is a guess. Your instinct is an internal guide that can lead you to make the appropriate decision. However, you should not only rely on your gut. If you have any uncertainty as to the proper course of action, then ask someone. Talk the problem out with a respected colleague or mentor. You may easily arrive at the correct decision by simply talking the problem out.  Rely on your co-workers and superiors to make the best decision.

Keeping in mind the core practice of nursing and the primary tenant of nursing will aid you in the decision-making process. At bottom, nurses’ primary responsibility is to respect life and treat others with dignity. Nurses must respect their patients, co-workers, physicians, and other healthcare professionals. This mandate extends to the nurse and the nurse’s family as well. The Kansas Nurses Association posits that nurses must not disrespect anyone and call out others who may be disrespectful to correct the problem immediately. In the end, ethical nursing starts with respect for life.

Seek Immediate Assistance For Ethical Questions

Kansas and Missouri professional licensing attorney Danielle Sanger counsels nurses who are facing ethical questions to seek competent advice for your ethical issues. Failure to do so could lead to professional discipline. If you find yourself under investigation for unethical behavior or need advice on ethical questions, make an appointment to meet with Attorney Sanger by calling 785-979-4353 today.

Missouri and Kansas Professional Licensing Attorney Discusses Substance Abuse Counselor Ethics In Missouri

With opiate addiction rates rising across the country, licensed addiction counselors are in high demand.  In Missouri, addiction counselors must obtain their credentials to practice from Missouri’s Credentialing Board (“the Board”).  The Board promulgated a set of ethical rules and responsibilities by which an addiction counselor must abide to remain credentialed.  The Board possesses the authority to investigate and sanction a credentialed counselor. Consequently, addiction counselors must familiarize themselves with the ethical rules and understand that they bear the responsibility for doing so.  Missouri professional licensing attorney Danielle Sanger maintains her law practice by vigorously defending professional licensees facing professional discipline.

The rules by which addiction counselors must conduct themselves are substantially similar to the ethical rules governing other healthcare professions.  Addiction counselors owe a duty to their clients to inform them of the course of counseling as well as the consequences of refusing the course of treatment. Clients, of course, are free to refuse any course of treatment. However, aftercare is vital to the success of initial counseling. Therefore, addiction counselors are ethically obligated to warn of the consequences of refusing aftercare.  Furthermore, addiction counselors must inform their clients of the counselor’s obligation to maintain confidentiality and the boundaries of that duty.

Addiction counselors are responsible for maintaining appropriate professional relationships with their clients. Counselors must take pains to ensure that no harm befalls their clients.  Maintaining a strictly professional relationship with clients, while treating them with dignity and respect, permits counselors to adhere to the lofty standards required of addiction counselors.  Treating clients professionally also means referring clients to other professionals when the situation requires consistent with the needs of the client.  The counselor must avoid dual relationships as well.  The addiction counselor must refer the client to another professional if the possibility of a dual relationship arises. A dual relationship is one in which the counselor is asked to provide counseling to the client, but the client is a family member, friend, financial or other close relationship.  Similarly, the ethical rules prohibit addiction counselors from entering into an intimate relationship with a client within two years after the counselor-client relationship ends.

Addiction counselors must take every precaution against disclosing confidential client information.  A counselor not only must guard against disclosure but also be aware of foreseeable situations which could lead to the disclosure of private client information.  The counselor is vicariously responsible for their subordinates’ actions when protecting clients’ private information.  In conjunction with guarding clients’ privacy right, an addiction counselor must preserve the confidentiality of any records generated by counseling.  A counselor should only release records to competent clients with the caveat that the records should not contain any information detrimental or embarrassing to the client.

Addiction counselors have an affirmative duty to learn about the diversity of their clientele. The addiction counselor has an affirmative duty to learn about their clients’ cultural background as well as learning how the counselor’s cultural background may impact the manner in which the counselor delivers their services.

Addiction counselors have a duty to do no harm to their clients. Doing no harm means refusing to counsel clients when the counselor because of personal incapacity poses a risk of doing harm to clients or others. Addiction counselors need to be role models for their clients and their community. Consequently, addiction counselors have the responsibility to obey all criminal laws and follow all ethical rules.

Who To Call For Help

Kansas Professional Licensing Attorney Danielle Sanger zealously represents all professional -licensees including addiction counselors facing discipline. Count on the experience of Attorney Sanger to vigorously defend your livelihood. Call Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation today.

Kansas Professional Licensing Attorney Discusses Opioid Addiction In Kansas

Substance abuse in the United States has reached near pandemic proportions. Nearly one in every twelve Americans suffer from the scourge of addiction. New methods for treating addiction, especially opioid addiction, are constantly tested by medical and treatment professionals. This problem created an enormous need for additional addiction counselors and treatment facilities. One highly-regarding health care professional suggests psychiatrists can be used to help break the cycle of addiction. Both addiction counselors and psychiatrists are subject to regulatory agencies with authority to discipline the licensees for unethical practices. Kansas professional licensing attorney Danielle Sanger aggressively represents addiction counselors and psychiatrists facing accusations of unethical or unprofessional behavior.

Regarding opioid addiction, researchers linked prescription drug abuse to heroin abuse. Prescription painkillers such as Percocet and Oxycodone (Oxycontin) are readily available and are in high demand among addicts. These prescriptions are so prevalent on the street from physicians overprescribing pain medications as a method of treating injuries and chronic pain. They are strong medications which must be taken only under a physician’s care. Oxycontin specifically eases pain from cancer. Regrettably, people of all ages turned to abusing pain medications.

Once the high from pain medications is unavailing to the addict, they frequently turn to heroin. Heroin is an opioid, as are most prescription painkillers. However, heroin is a potentially lethal narcotic and is highly addictive. Whereas pain medications are made in a laboratory and theoretically were approved for prescription use, heroin is a raw powder made from a poppy seed. Mixing the pain-killing medication Fentanyl with heroin or drug dealers substituting Fentanyl for heroin is a common trend. Fentanyl is a prescription painkiller that presents in appearance like heroin but is much stronger than the average street-level dosage of heroin. Addicts, believing the substance is heroin, inject the amount they need to get their “fix.” Unwittingly, the addict injects Fentanyl instead of heroin and dies from an overdose as a result.

Many addicts need intensive treatment to combat their problem. Addiction counselors step in and help those who can no longer help themselves. The Kansas Behavioral Sciences Regulatory regulates and licenses addiction counselors. Addiction counselors are not beyond reproach despite providing consumers with a valuable resource. Addiction counselors must comply with Kansas’ ethical and professional rules of their profession. Kansas Legislature recently passed a bill creating an additional level of counseling in an attempt to combat this problem.

Addiction prevention, as opposed to addiction management, helps alleviate the opioid crisis. One recent theory espoused by Nora D. Volkow, M.D., Director of the Nation Institute on Drug Abuse challenges the prevailing treatment paradigm of pain management to reduce the need for prescription painkillers. Dr. Volkow suggests that the trend of physicians overprescribing painkilling medications in the 1990s to treat many patients’ pain symptoms lacked a basis in science. Dr. Volkow suggests that reducing painkilling prescriptions will curb the opioid problem.

What, then, becomes of the person suffering from chronic pain not attributed to cancer? Dr. Volkow recommends turning to psychiatry for help. Dr. Volkow hypothesizes that cognitive-behavioral therapy is a modality that can be very useful in combatting chronic pain. Dr. Volkows suggests that training pain sufferers to think and feel differently about the pain from which they suffer. Consequently, increasing psychiatric intervention will decrease the patient’s need for painkilling medication in addition to providing the patient with a means to ease their suffering.

For More Information

Kansas Professional Licensing Attorney Danielle Sanger aggressively and zealously represents health care professionals facing discipline. If you face professional discipline from your work as an additional counselor or psychiatrist, or any other medical profession, you need an experienced advocate on your side like Attorney Sanger. Call Attorney Sanger today at 785-979-4353 today to schedule your free consultation.

Kansas Professional Licensing Attorney Examines The Social Worker Turnover Problem At DCF

Kansas’ Department of Children and Families (DCF) serves children who are in need. Social workers employed by the agency are in great need. In 2015, the agency experienced a nearly 25% turnover of its social workers. The agency’s remaining social workers absorbed the departing social workers’ caseloads.  Social workers already suffer from tremendous stress and are overburdened by enormous caseloads. Losing one-quarter of the workforce in a calendar year causes an ethical dilemma. A social worker is not exempted from ethically performing her duties simply because a social worker has a large caseload. Kansas professional licensing attorney Danielle Sanger represents professional licensees, such as social workers, who face discipline.

The glut of social workers employed at DCF in Kansas created a very dangerous situation for children in need throughout the state. DCF claims that no child faced any danger because of the shortage. DCF recognizes that its failure to offer competitive salaries coupled with social workers working in potentially dangerous situations contributed to the loss of personnel. DCF proposed to fix these problems by providing social workers with mobile devices allowing social workers to complete reports remotely and to contact police if they find themselves in a hazardous situation while investigating cases in the field.

DCF also proposed expanding its ranks to include practitioners of other behavioral sciences. The expanded list includes licensed social workers with a bachelor’s degree, licensed psychologists with a master’s degree, licensed professional counselors, clinical psychotherapists, and certified marriage counselors. DCF workers lauded expanding the list because it alleviated some of the burdens upon existing social workers.

Some questioned the wisdom of expanding the list of behavior scientists beyond social workers. The idea received criticism because commentators questioned the methodology of other professions to perform social work. Psychotherapists and marriage counselors, for example, provide consumers with counseling and therapy, not social work. Social work entails asking tough, probing questions of frequently reticent and uncooperative clientele. Conversely, working for DCF requires social workers to remove children from homes, find placements, and deal with emergency situations. Additionally, social workers are specifically trained by DCF to write reports to be used in court. They are also trained to recognize and possibly diffuse dangerous situations while visiting residences. The other professionals have no training in these matters. Critics of the proposed expansion question whether counselors and therapists practice beyond what their licenses allow.

Kansas Behavioral Sciences Regulatory Board (“the Board”) issues licenses for social workers, psychotherapists, and marriage counselors.  The Kansas Legislature authorized the Board to discipline social workers and other behavioral scientists for unprofessional conduct. Regarding social workers, the Board characterizes unprofessional conduct into approximately 56 different categories. Overburdened DCF social workers can unwittingly commit an act of unprofessional conduct as a result of attempting to juggle an overwhelming caseload. Overburdened social workers easily suffer fatigue leading to a lapse in judgment. Lapses in judgment can violate a social worker’s code of professional conduct.

The Board defines lapses in judgment as unprofessional conduct.  A social worker must recognize and seek treatment for their mental health and emotional problems that interfere with their practice as a social worker. Consequently, if an overburdened DCF social worker’s performance diminishes or their ability to function as a social worker decreases, then the social worker must address the problems. In other words, if a social worker is drowning in work that they cannot meet the needs of a particular client, they must act to rectify that situation. Failing to do so is unprofessional conduct. It is easy to see how a DCF social worker could fall into that trap unwittingly.

Help For Those Who Help Others

If you are a social worker and find yourself facing professional discipline, call Kansas Professional Licensing Attorney Danielle Sanger. Attorney Sanger prides herself on fighting for those people who fight for others. Call Attorney Danielle Sanger today at 785-979-4353 to schedule a free consultation.

Kansas Professional Licensing Attorney Explains Discipline Of Technical Professionals

In Kansas, architecture, landscape architecture, professional engineering, professional geology, and professional surveying are known as technical professions. The Kansas Board of Technical Professionals (“the Board”) issues licenses for technical professions. The Board also has the authority to institute disciplinary actions for technical professionals as well.  The Board works to make certain that each technical professional licensee maintains the highest standard of work in their profession and maintains the highest level of ethical responsibility. Failure to maintain the standards of a technical professional leads to disciplinary action. Kansas professional licensing attorney Danielle Sanger represents professional licensees against disciplinary actions with great zeal and vigor with tremendous results.

As with all professional licensing boards in Kansas, the Kansas Board of Technical Professionals authority to issue licenses and determine disciplinary action comes from state law. The Kansas legislature charged the Board with the task of maintaining the highest level of integrity, skill, and technical proficiency. Ensuring that each technical professional licensee aspires to those laudable attributes preserves the public trust and safeguards against damage and injury to the public to whom the licensees provides a service.  Each person wishing to practice a technical profession must satisfy the Board based upon satisfactory testing scores and possess the minimum character traits before the Board issues a license.

Concomitant with the Board’s authority to issue a license is the Board’s authority to discipline a license. Kansas law explicitly limits the Board’s authority to discipline its members. Discipline may take the form of probation, censure, reprimand, suspension or revocation of a license. The Board has the authority to start disciplinary action for allegations concerning obtaining a license to practice a technical profession fraudulently, gross negligence or incompetence, misconduct or showing no regard for the rights of other people while practicing in the profession. The Board may also issue discipline for a conviction of a felony criminal act in Kansas or another state or committed against the United States. The Board may discipline a business organization as if the business organization was an individual. Also, the Board possesses the authority to reinstate a license which the Board revoked if seven members of the Board agree to reinstate the license.

At the initial disciplinary stage, the Board conducts a hearing to determine if any wrongdoing occurred and what, if any discipline, should be levied. The Board has the power to order witnesses to attend and testify at a hearing before the Board. The Board may also compel any witness to bring documents, records, books, or other materials relevant to the hearing.  The hearings must be held according to Kansas’ administrative procedure act. Therefore, the licensee facing discipline must receive proper notice of the allegations, have the right to be represented by counsel, and to examine witnesses for or against them. Proper notice to the licensee includes a provision alerting the licensee that they have 15 days in which to appeal the Board’s decision.

A person aggrieved by the Board has the right to appeal the decision to a court in Kansas with jurisdiction over the issue.  The licensee may appeal the final decision of the Board to the courts and only after exhausting all “administrative remedies.” In a rare instance, the court will permit review of the Board’s decision before the Board’s final action. The licensee has 30 days from the date of service of the Board’s final action to appeal to a court for judicial review.

Technical Professional Need Superior Representation

Representing yourself in matters where your livelihood and career are at stake can be costly. You should rely on competent counsel who a skilled at defending professional licensees like Kansas Professional Licensing Attorney Danielle Sanger. Attorney Sanger has the experience to protect your career and preserve your way of life. Call attorney Sanger today at 785-979-4353 to discuss your case and learn the difference passion and experience will make for you.

Missouri and Kansas Professional Licensing Attorney Cautions Physicians That Wrongdoing Can Lead to Criminal Charges

The Drug Enforcement Administration (“DEA”) investigates all manner of narcotics-related crimes. Their investigations are not limited to the distribution of street drugs. The DEA regulations require healthcare professionals who prescribe medications to register with the agency before lawfully prescribing medications.  The DEA also investigates allegations of criminal wrongdoing by doctors and other prescribers who abuse their prescription writing privileges. Not every abuse of prescription writing privileges leads to criminal charges. However, egregious conduct will result in an arrest, prosecution, and perhaps imprisonment.  In fact, several physicians in Missouri and Kansas were prosecuted for abusing their prescribing privileges. Not every healthcare professional went to jail, but each one lost their prescription writing privileges and surrendered their DEA registration. Professional licensing attorney Danielle Sanger counsels maintaining the highest ethical standards in the practice of medicine will prevent abuse of privileges.

In 2009, the DEA arrested a Topeka, KS physician for distribution of schedule II drugs and acquiring drugs by misrepresentation or fraud. The physician pleaded guilty to both counts. The court sentenced the physician to three years (3) probation and prohibited the physician from practicing medicine during the probationary period as well as ordered the physician to complete 300 hours of community service. The government alleged that the physician wrote prescriptions to people who were not patients. Furthermore, the prescriptions were not intended for legitimate medical conditions. Instead, the doctor wrote prescriptions for oxycodone and amphetamine to his friends. His friends, in turn, gave the drugs back to the doctor for personal use. The prescriptions were used during parties at the doctor’s house. Incidentally, the physician officially retired from practicing medicine before his arrest.

A St. Joseph, MO physician was arrested in 2003 for possession of a controlled substance. The physician pleaded guilty in county court. The court placed the physician on probation for three (3) years. The court ordered the physician to complete drug treatment as ordered by the probation department and perform 100 hours of community service.  The physician told the court that he possessed the controlled substance after working a 24-hour shift at a hospital. The physician took fentanyl from the hospital. The physician administered the drug to himself to combat stress and fatigue. The physician surrendered his DEA registration two months after he stole the fentanyl.

In 2005, a federal jury sitting in Missouri found a physician guilty of 176 counts of unlawful distribution of certain narcotics. The government alleged that the 1,729,845 pills the physician prescribed over a two-year period were not prescribed for legitimate reasons. The federal judge sentenced the physician, who was 79 years of age, to sixteen months incarceration followed by two years of supervised release. The judge ordered the physician to pay a $75,000 fine and a $17,600 criminal assessment.  The physician surrendered his DEA registration three months before his arrest.

Also in 2003, a Kansas City, KS doctor of osteopathy pleaded guilty in the U.S. District Court to one count of conspiracy and four counts of using an invalid or revoked DEA registration number. The doctor of osteopathy and others agreed to dispense several narcotics including oxycodone and Oxycontin. The doctor of osteopathy wrote those prescriptions for an illegitimate purpose. The federal judge sentenced the doctor to 5 years incarceration with three years of supervised release. The doctor surrendered his DEA registration in 2001, almost two years before his arrest on these charges.

Another Kansas physician was sent to jail for writing prescriptions for fictitious patients. The U.S. District Court sentenced the physician to 30 months in federal prison followed by three years of supervised release for conspiracy to distribute 30,000 units of hydrocodone. The physician claimed he intended to use the pills for himself. The physician surrendered his DEA registration two days after his arrest on these charges.

Personal abuse of narcotics by physicians can also lead to jail and loss of prescription writing privileges.  In 2008, a Missouri physician pleaded guilty to use of drug paraphernalia and driving while intoxicated by drugs. The court sentenced the physician to 24 months of probation and 50 hours of community service. The physician surrendered his DEA registration a few months after his arrest.

Criminal Conduct Leads To Professional Discipline

Most of the criminal conduct discussed above was caused by personal drug use. If you are abusing drugs, get help. Getting the necessary treatment can help you fight disciplinary charges resulting from criminal conduct. Kansas Professional Licensing Attorney Danielle Sanger zealously represents professional licensees in Missouri and Kansas. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation and learn how her years of experience can help you put your life back together.