In Missouri, the State Committee of Martial and Family Therapists governs all licensees practicing marital and family therapy. The State Committee of Marital and Family Therapists (“the Committee”) is established by statute and is charged with passing regulations establishing the ethical standards of marital and family therapy, among other issues involving marital and family therapists. The regulations provide minimum professional standards for therapists and delineates specific concerns regarding client welfare. The regulations seek to maintain the public trust in the profession as well as protection of the individual patient. A violation of the ethical standards allows the Committee to seek discipline against a licensed therapist.  Professional licensing attorney Danielle Sanger is a skilled advocate for licensees facing discipline resulting from an alleged violation of ethical standards of therapists.

Chapter 3 of Division 2233 of the Code of State Regulations for Missouri codifies the ethical standards of marital and family therapists. Not only does Chapter 3 regulate the general practice of marital and family therapy, it also purports to establish the minimum requirements to which a therapist must adhere to protect a patient’s welfare. Although seemingly rudimentary, failure to adhere to these standards is grounds for discipline. All of the regulations are designed to protect the best interest of the patient.

Section .010 of Chapter 3 delineates the competency requirements of a martial and family therapist. A marital and family therapist must limit his or her practice to those areas in which the therapist has studied and trained. The therapist is required to maintain competence by attending continuing educational classes, trainings, and supervision that meets current scientific standards in the profession.  A therapist is not limited to practicing only what they studied. If they do wish to employ a therapeutic technique new to them or practice in a new area, they must educate and train themselves in that new technique or service. The therapist must obtain informed consent from the patient before using the technique or service by warning of the process as well as any potential risks associated with the technique or service.

Section .010 also guides the therapist as to when counseling may not be commenced or must be terminated. Counseling must be terminated if the therapist is unable to perform his or her duties owning to emotional, psychological, or addiction concerns.  Also, a therapist cannot accept a patient or continue to counsel a patient if the therapist’s objectivity or competency is compromised by emotional, sexual, familial, or other relationship with the patient. The therapist is expressly prohibited from making sexual advances, having a sexual relationship, or sexually or suggestively touch a patient. Section .010 contains other patient protections. The therapist must not take financial advantage of a patient and must always maintain strictest confidentiality. 

The patient welfare component of Chapter 3 is set out in Section .020. This section requires that the therapist must advise and obtain informed consent of the patient prior to commencing therapy. Informed consent, in this context, requires advising the patient about the specific form of therapy, the goals of therapy, the benefits and risks involved in therapy, the therapist’s credentials, the financial consideration, and the limits of confidentiality. Additionally, therapists are required to obtain a substitute therapist in the event of lengthy absence from practice. Therapists must also explain the patient’s diagnosis and condition to the patient in terms the patient can understand.

An accusation of unethical conduct is harmful.

If you have been accused of unethical conduct as a marital or family therapist, call Kansas Professional Licensing Attorney Danielle Sanger. She is a tireless advocate for professional licensees. She will fight to protect your livelihood. Her experience in defending ethical violations is unparalleled. Call Attorney Sanger today at (785) 979-4353 today to schedule a no-obligation consultation and learn what a difference experience makes.

If you have dedicated the time and effort to obtain a license as a Registered Nurse, Licensed Practical Nurse, or Licensed Mental Health Technician in Kansas, you understand the sacrifices involved in joining the nursing profession.  Unfortunately, the Kansas State Board of Nursing (KSBN) investigates 2,300 disciplinary cases per year.  Since there are about 70,000 individuals currently licensed by the KSBN, the agency investigates allegations and potential discipline against 3 percent of its licensees annually.  If you are facing the prospect of disciplinary action against your license, it is important to understand the process and your rights.  Because Danielle Sanger often represented the KSBN when she was an Assistant Attorney General, she understands the disciplinary process, potential resolutions of allegations, and the best strategy to oppose or mitigate licensing penalties.

The KSBN might receive a complaint or notification that indicates a licensee might have committed a violation of the Kansas Nurse Practice Act (KNPA), which defines the scope of nursing practice and delineates impermissible acts.  If the actions of a nurse are alleged to be inappropriate, the KSBN has the legal power to gather information and investigate the allegations.  When the KSBN receives a sworn complaint, investigation of the allegations is mandatory.  The agency will commence an administrative action against the licensee if the investigation yields evidence that the allegations have merit.  The board can impose a range of penalties depending on the facts and circumstances, which include denying, limiting, suspending, revoking, and/or publicly or privately censuring a licensee.

While the impact of adverse action against an individual’s license can have a devastating impact, the financial impact can be even more damaging because significant fines can be imposed. A nurse hit with a first offense can face a $1,000 fine.  This fine amount doubles for a second offense and rises to $3,000 for subsequent offenses.

Because a nursing license is a “property right,” a licensee is entitled to certain constitutional protections.  Hearings and procedures involved in disciplinary proceedings against a licensee are governed by the Kansas Administrative Procedure Act (KAPA).  The KAPA is a group of statutes that articulate the procedures by which the KSBN should abide. The procedures specified are designed to ensure that an individual threatened with loss of a nursing license, which is a protected property right, receives due process.  Ms. Sanger tenaciously defends these rights, which include but are not limited to the following:

• Right to a fair and impartial hearing
• Right to cross-examine and subpoena witnesses
• Right to offer and attack evidence
• Right to legal representation
• Right to reasonable notice

The formal disciplinary process can begin in one of two ways.  The first process involves the licensee receiving a “Summary Order” document.    This form will specify the alleged factual and legal basis for potential discipline against the licensee.  If you disagree with the allegations, you have the right to request a hearing to challenge the complaint.  Alternatively, you might receive a petition making legal and factual allegations and requesting that specific penalties be imposed.

Sometime after the request for a hearing or the Petition from the Attorney General’s office, the licensee will receive a notice of hearing. This notice of hearing is extremely important and must be dealt with promptly.  The document will indicate a date and time to appear to oppose the allegations made against the licensee.  Failure to appear, obtain a continuance, or contact the KSBN will result in the matter proceeding on a default basis, so penalties are imposed without you ever having your side of the dispute considered.  Discovery occurs in the administrative proceedings similar to litigation, so you have the right to request statements and documents that provide relevant information and evidence.

While the evidence that will be considered will depend on the specific case, the types of information that will be weighed if the allegations involve fitness to practice include but are not limited to the following:

• Current moral fitness
• Potential risk to public health and safety
• Maturity, experience, and character
• Efforts toward rehabilitation
• Skill and competence
• Type and severity of alleged misconduct
• Consciousness of any wrongdoing and impact on the profession
• Present conduct
• Amount of time since alleged misconduct or a criminal conviction

Based on the evidence introduced, the entire board, a panel, or hearing officer will provide a written order that includes factual findings and conclusions of law to support any sanctions imposed, which will be served on both parties.  The notice will indicate an effective date and provide a timeline for submitting a notice of appeal.

If your nursing license is in jeopardy, Kansas Professional Licensing Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your law license.  If you are facing a complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.

The Kansas Board of Accountancy is the state agency that licenses certified public accountants (CPAs). In addition to its powers to suspend or revoke a license, the Board can take other disciplinary actions, including but not limited to censure, ordering payment of fines and mandating completion of remedial or ethics-based classes. CPAs who do not adhere to the profession’s high ethical and professional standards, jeopardize not only their license but also their livelihood. Some of the most common sins that have led a licensee to disciplinary action include the following:

1. Criminal Conviction: A licensee who receives a felony conviction is subject to discipline, regardless if the crime was related to his or her job duties. In Kansas, a third DUI conviction, if the second occurred within the previous 10 years, is considered a felony. The conviction of any crime which involves an element of dishonesty or fraud is grounds for disciplinary action as well.

2. Failure to File Tax Returns: All licensees must file personal and business (firm) tax returns in a timely fashion, including payment of all taxes.

3. Failure to Meet Licensing Renewal Requirements: Failing to meet licensing renewal requirements is a quick way to find oneself in hot water with the Board. Each year licensees are disciplined for failing to complete the mandatory continuing education classes and other basic requirements for license renewal. Allowing one’s license to lapse can also lead to disciplinary action for false advertising—since the licensee’s license has expired.

4. Deceptive Advertising Practices: False or deceptive advertising in promoting or marketing a licensee’s professional services is considered an act that discredits the profession and, therefore, subject to disciplinary measures.

5. Discipline from Government Agency: A licensee who is disciplined by a government agency, for example the SEC, is often subjected to additional disciplinary measures by their state licensing Board.

6. Fraud in Obtaining a License: The use of fraud, dishonesty or deceit to obtain or renew a license can not only subject a licensee to disciplinary action by the Board, it can also lead to criminal charges.

7. Failing to Cooperate with Board’s Investigation: Each year, across the country, licensees lose their license for failing to cooperate with a regulatory board’s investigation. In Kansas, ignoring requests for documents and other inquiries by the Board is grounds for discipline. This is why is it is critically important to have an experienced license defense attorney working for you.

If you have received notice from the Kansas Board of Accountancy that you are the subject of an investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. In order to protect your livelihood and reputation, you need an experienced professional license defense attorney by your side. Attorney Danielle Sanger and the seasoned professionals at the Sanger Law Office will make it their priority to bring your case to a prompt resolution.

Each year thousands of real estate agents and brokers across the country find themselves in hot water with their state licensing boards. Do not let your real estate license become a victim of bad business practices or a careless mistake. Learn from the mistakes of others to ensure the longevity of your license and your professional future. The following are seven mistakes that can place a real estate agent’s license in peril:

1)      Involvement in Mortgage Fraud: Mortgage fraud typically occurs when a lender is duped into making a loan the lender would not otherwise made but for some type of fraud. This fraud can occur when the agent manipulates the apparent value of the property so that the bank makes a loan in excess of the real value of the property or to a buyer that is otherwise unqualified. Fraud of this nature cannot only cost an agent of his or her license but also land the agent in jail.

2)      Conviction of a Crime: Most state licensing boards have laws that restrict persons with felony and other criminal convictions from maintaining a real estate license. In Kansas, for instance, the Real Estate Commission can deny a license to any person that has been convicted of or pled guilty to a crime which reflects upon the individual’s honesty, integrity, trustworthiness or competence to conduct real estate transactions.

3)      Misrepresentation: Clients put trust in real estate agents to find the right property and then to guide them through the real estate buying process. Actions by an agent such as misrepresenting facts, omitting details, or flat out lying in order to induce a buyer to make a transaction is unethical and can result in discipline and/or loss of license.

4)      Mishandling a Client’s Funds: The fastest way to lose your license is to play with or mishandle a client’s money. Each year agents lose their licenses as the result of “borrowing” money from client and bad bookkeeping. The best way to avoid this problem completely is to place the client’s money in a trust account or in escrow with the title company. Also, do not take any commissions until the transaction has closed.

5)      Playing Attorney: Avoid the temptation to try to be and do everything for your client, especially if it is outside your realm of expertise. Real agents find themselves flirting with danger when they attempt to draft or amend contracts and other legal documents. Ignorance is no excuse when it comes to actions that constitute practicing law without a license.

6)      Not meeting licensing requirements: The easiest way to avoid putting your license in jeopardy is to make sure that you have met all of your state’s licensing requirements. Each year people lose their license for failing to pay the required fees and take the necessary continuing education classes. 

7)      Incompetence: If you are not sure about a particular area—get help, do not opt to just “wing it.” Losing your license over a mistake that could have been avoided by picking up the phone and contacting a colleague or professional organization is just careless.

If you are being investigated by the Kansas Real Estate Commission you need an experienced professional license defense attorney. I invite you to contact the Sanger Law Office at 785-979-4353 for a free and completely confidential consultation. My team of seasoned professionals a Sanger Law Office will fight for your professional license and protect your livelihood.