Tag Archive for: Kansas Professional Licensing Defense Attorney

Kansas Professional Licensing Defense Attorney Recent Examples of License Revocations by Missouri State Board of Nursing

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There are many reasons that nurses can have their license threatened, but the grounds usually involve standard of care issues, substance abuse, and/or criminal convictions.  We have discussed these types of scenarios in a hypothetical sense in past blog posts.  However, sometimes the best way to develop a genuine feel for scenarios that end up resulting in a license suspension or revocation is to look at actual adverse actions taken by a nursing board.  This blog provides an overview of actual recent administrative cases that resulted in the suspension or revocation of a nursing license.  Because there are so many cases involving the theft or misuse of narcotics with similar fact patterns, these cases are not discussed below.

Failing to Respond to a Complaint

A nurse’s license was revoked by the Florida nursing board when she ignored an administrative complaint.  The actions constituted conduct that would merit discipline in Missouri where she was currently practicing.  The nurse contended that she did not oppose or respond to the allegations because she had no plan to return or ever practice nursing again in Florida.  She also contended that she thought the Missouri Board of Nursing would reinvestigate the issues, relieving her of the need to respond to the Florida complaint.

Fraud or Misrepresentations of Licensing

Example 1: During 2011, the facility that employed a nurse discovered that her license had lapsed during a routine license check of employees.  The check, which was performed in 2011, revealed that the nurse’s license on file expired in January 2009.  The nurse submitted a “copy” of a purported “license” that was allegedly issued by the Missouri State Board of Nursing with an expiration date of May 31, 2012.  However, the document was determined to be falsified because the board stopped including dates on licenses on January 1, 2010.  Further, the person named as the Director of the Division of Professional Registration, who signed the document, actually left the agency prior to the date the license was allegedly executed.

Example 2: The licensee voluntarily surrendered her vocational nursing license in Texas.  When re-applying for a practical nursing license in Missouri, the licensee indicated she held a license in Louisiana with no disciplinary actions against the license but failed to disclose the Texas license and discipline.

Failing to Call NTS or Provide Samples for Drug Testing

There are many license suspensions and revocations based on the failure to call into the NTS in a timely manner and failing to provide a urine sample for screening when designated to provide such an exemplar.  The failure to comply with probation terms after an initial disciplinary matter constitutes the largest number of actual cases of license revocation in Missouri.

Criminal Convictions

Example 1: The Licensed Practical Nurse pled guilty to a misdemeanor for passing a bad check and was convicted based on the entry of two separate guilty pleas on separate occasions within a seven month period.  The criminal convictions came to light when the nurse failed to comply with a hospital policy requiring two nurses to sign off on the delivery of narcotics.  The nurse also charted the administration of hydrocodone on multiple occasions before the prescribed period of time had elapsed without a 2nd nurse’s signature.

Example 2: When her original application for a license was submitted, the nurse failed to disclose that her license had previously been revoked for a criminal conviction. After her license lapsed which necessitated an application for renewal.  The renewal was granted based on misrepresentations and fraud.  Her license was eventually revoked after NURSYS submitted a complaint because of her previous out-of-state convictions for possession of a controlled substance and carrying a concealed weapon.

Example 3: The respondent was accused of using the social security number and identification information of three patients.  One of the patients reported that the nurse used the information of a deceased relative to open a cell phone account.  The nurse’s license was revoked after the nurse was convicted of the Identity Theft, which constitutes a Class C Felony.

These are just a handful of examples of license revocations recently issued in Missouri.  If you have questions about your specific situation, we invite you to contact us for a confidential initial consultation.  If your nursing license is in jeopardy, Professional Licensing Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your nursing license.  If you are facing a complaint in front of the Kansas State Board or Nursing or Missouri State Board of Nursing, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings, so call us today for a free consultation at 785-979-4353.

 

 

Approaches to Defending Against Alleged Nursing Board Violations

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When Kansas Nurse Licensing Attorney Danielle Sanger represents clients in proceedings over alleged misconduct in Kansas and Missouri, our office may take several approaches.  The specific defense strategies will be influenced by the facts and evidence, past record of our client, and a range of other factors.  Every situation is unique, so we tailor our defense strategy to the facts and circumstance of a particular case.  However, the nature of the facts and evidence may influence our strategy in terms of the stage at which we attempt to resolve a nursing board violation case in Missouri or Kansas.

Weak Evidence Might Result in Immediate Resolution

Sometimes a nurse comes under investigation for a nursing board violation based on fairly weak facts and/or shaky evidence.  If we represent a nurse who has been instructed to self-report an alleged nursing board violation, we will conduct an investigation.  If we have access to evidence that will disprove the charge, Ms. Sanger might immediately schedule a meeting with the investigator to present our client’s perspective.  The benefit of this immediate intervention is to influence the report prepared by the investigator before it is submitted to the nursing board prosecutor.

Once the report has been forwarded to the prosecutor for the nursing board, Ms. Sanger can schedule a meeting to seek to have the matter closed.  This approach means that the prosecutor never files a formal petition against our client.  The basic gist of this strategy involves cooperating and providing information when the evidence supports facilitating an immediate termination of the matter.

Less Favorable Facts Might Merit a Full Hearing

When there is strong evidence proving facts against our client, this situation often merits a more cautious “wait and see” approach.  In this situation, we might elect to delay discussing the facts of the case to avoid potential disclosure of details that ultimately end up being damaging.  If a nurse has failed a drug test or failed to properly document medication, Ms. Sanger might be inclined to anticipate a full hearing and aggressively conduct discovery.  This “wait and see” approach can facilitate continued employment and prevent risking an unnecessary loss of our client’s nursing license.

Since no two nursing board violation cases are identical, our Kansas Nurse Licensing Defense Law Firm’s strategy must be customized to fit the facts and circumstances.  However, an initial assessment of the strength of the evidence and favorability of the facts can determine whether to cooperate to prevent a formal petition or to delay communication with the investigator and/or prosecutor.

Negotiating a Favorable Resolution

If evidence proving a serious violation exists, a nurse may benefit from a Nursing License Revocation Lawyer negotiating with the prosecutor for the nursing board prior to a formal hearing.  These discussions can result in less harsh discipline than revocation of an individual’s nursing license.  Ms. Sanger might offer an explanation for the alleged improper conduct or evidence to mitigate the penalty.  In the case of allegations regarding a positive drug test, evidence might be presented of subsequent enrollment and participation in a drug treatment program.  However, the best defense strategy must be prepared even if such negotiations occur because a favorable agreement might not be possible.

Many good nurses make isolated mistakes or face unjustified disciplinary proceeding.  If you are facing a complaint, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Ten Common Reasons for Nursing License Suspension [Part II]

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This is the second installment in our two-part blog post discussing reasons that nurses have had their licenses suspended by state nursing boards.  Although it is always unnerving to face disciplinary charges, the fact that an investigation has been initiated does not mean that you have done anything wrong.  If you have concerns because you are the target of a disciplinary investigation or you are formally involved in disciplinary proceedings, we invite you to speak with Danielle Sanger to learn about your rights and potential strategies to protect your nursing license.

Using a False Copy of a Nursing License

If you have had your license suspended, it may be tempting to present a hospital or other potential employer with a falsified license.  Some people assume that once the suspension has lapsed the fact the license was fake when initially presented will not matter.  To the contrary, the decision to use a false copy of your license could result in permanent revocation of your nursing license.

Impersonating another Health Care Practitioner

While this cause of a nursing license suspension might sound like it is confined to Hollywood movies, there are people who engage in identity theft successfully for years while working as a nurse.  The individual might have a criminal record that serves as a bar to obtaining a nursing license, or he or she might have participated in activity that resulted in revocation of his or her license.  Identity theft in this context is plausible if an individual can obtain the correct paperwork.

Engaging in Unprofessional Conduct

This charge is commonly brought against nurses because it is broad and can apply to a wide range of conduct.  Nurses have faced this type of charge for such diverse types of conduct as engaging in an affair with a supervisor or using explicit and inappropriate language when dealing with patients or colleagues.  Because of the importance of maintaining a high level of professionalism in the nursing profession, these types of charges are taken seriously.  While many individuals charged with this type of violation the first time receive only a reprimand or probation, failure to adapt one’s behavior can result in loss of your job and license.

Criminal Convictions

Depending on the offense, you will have notice requirements and can be disciplined for a criminal conviction or failing to provide notice of a conviction.  While minor traffic offenses might not need to be reported, you should seek legal advice prior to pleading guilty in any criminal proceeding to determine the potential impact on your occupational license.

 Abuse and Neglect in Providing Care to Patients

Allegations of neglect or abuse toward a patient constitute one of the most serious type of charges that can threaten your nursing license.  Although patient neglect may be the result of a simple mistake, an excessive number of patients, or working too many hours, this type of offense can easily jeopardize your ability to engage in the nursing profession.  Whether allegations of abuse or neglect arise because of intentional abuse or simple forgetfulness, the impact can affect the patient and his or her family.

Although any nurse can face a complaint, you have rights that experienced Kansas attorney Danielle Sanger can help protect.  Ms. Sanger can ensure that your legal rights are protected and investigate the evidence against you.  She analyzes any documents, physical evidence and/or witnesses, so she can work diligently to minimize the impact on your career.  If you are facing disciplinary proceedings, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Good Lawyers in a Bad Situation: 3 Things to Do in Response to a State Bar Complaint

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Although many attorneys in Kansas, Missouri and throughout the U.S. are disciplined by their state bar association or other professional disciplinary agency, most cases of discipline are not the result of intentional misconduct.  Although complaints against attorneys that make a splash with the newspapers and other media sources involve criminal offenses like theft, there are much easier ways to steal money than surviving the rigors of law school and the state bar exam.  According to one former state bar prosecutor, 80-85 percent of disciplinary actions taken against attorneys are linked to the attorney’s marginal business skills, lack of proper documentation of work performed, and failure to respond to a pending complaint.

The apprehension experienced by correspondence from the state bar regarding a potential complaint can cause paralyzing fear and stress.  However, the former state bar prosecutor referenced above indicates that the majority of complaints never make it past the intake stage.  The paralysis spurred by embarrassment, stress and fear that results in ignoring a state bar complaint probably is one of the most significant obstacles for most attorneys facing potential discipline.  This blog post suggests 3 tips Kansas and Missouri attorneys should take if they are contacted by the state bar about a complaint.

Tip 1 Relax: State bar associations recognize that many client complaints are not legitimate.  A letter from the state bar merely indicates that a complaint has been filed, but this does not mean that you are facing actual discipline.  The key is to relax and understand that you will need to respond with your side of the story.  However, you might want to contact an experienced Kansas Administrative Lawyer like Danielle Sanger with experience handling disciplinary proceedings against professionals.  She can advise you regarding your rights and help you in crafting your initial response to the state bar association.

Tip 2 Respond to the Complaint: At some point, you will need to respond to the complaint, so the worst thing you can do is ignore the state bar correspondence.  While you might want a license defense attorney to assist you in crafting your written response to the complaint, you should not default by not responding.  Failure to respond to a state bar complaint will result in a default by the attorney.  It is estimated that in California, for example, approximately forty percent of all cases that end in discipline involve default by the attorney.  Given the cost and work required to obtain a law license, there is no good reason to permit discipline to be imposed without asserting legitimate defenses.  Failing to respond will also result in harsher disciplinary sanctions.

Tip 3 Retain an Attorney: All attorneys are familiar with the saying, “A person representing himself has a fool for a client,” but this saying applies equally to attorneys.  When you are facing discipline stemming from a state bar complaint, you need an attorney who is objective and emotionally removed from the situation.  If you select an attorney who handles disciplinary proceeding on a regular basis, the attorney will be familiar with the best defenses and potential resolutions that mitigate the impact on your career.

Kansas Professional Licensing Defense 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 state bar complaint, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Kansas Attorneys – Proper Supervision of Legal Staff Members

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As a Kansas attorney, you are held responsible for the acts of your support staff members, such as paralegals, legal assistants, legal secretaries, and project assistants, among others. In order to run a functioning office, it is essential to have enough legal staff members to keep the system going, and to provide clients with any requested information.  However, along with having legal staff members work for you comes the obligation to oversee each staff member’s conduct.  It is nearly impossible to watch every person’s every move, so there are steps you can take to ensure your legal staff members have an understanding of what their roles are, and how their conduct is ultimately subject to the professional rules of conduct for attorneys.

Do What You Can to Protect Your Kansas Law License

It isn’t always possible to avoid every imaginable mistake, whether it is a calendaring error, or failure to submit the proper paperwork for an individual case.  However, if you have a system in place to regulate each staff member’s conduct, this will help to ensure you have placed checks on what your legal staff members can and cannot do.  The supervision process takes the active involvement of both attorneys and legal staff members.  If the staff members are aware of just how crucial their role is, and that certain things can put a supervising attorney’s Kansas law license at risk, then they are more likely to follow the rules and take their own additional steps to ensure they do not make those small, yet costly mistakes.

In order to increase the chances that your legal staff members will avoid conduct that could cost you your law license, it is first important to make sure that all legal staff members know what their roles are, and know the limits of their power.  Such information may be communicated by office memorandums, emails, and team meetings.  For example, a supervising attorney may suggest that all legal staff members come up with a calendaring system that will maintain key dates and provide reminders for when those dates come close to being due.  Calendaring is one of the biggest issues law firms have, and if you can rely on legal staff members to have a smooth calendaring system, you are reducing the risk that you will be exposed to liability for missing a very important deadline.

Further, repeating key information should never be frowned upon because we could all use a refresher course from time to time when it comes to the rules of professional conduct that govern Kansas attorneys.  Many people are of the mind that if they have learned something once, then they will never have go back and relearn that “something” again.  While completely relearning an entire concept may not be necessary, reminders about what the rules are and how violating the rules can harm your career do nothing but help you avoid those unnecessary small mistakes that have cost many Kansas attorneys their law licenses.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

While legal staff members play an integral role in the success of a law firm, they must be monitored closely to ensure their conduct in no way puts your Kansas law license at risk.  Even a small mistake could result in the potential loss or suspension of your law license.  If your Kansas law license is at risk, you should consider speaking with a seasoned Kansas Professional Licensing Defense Attorney as soon as possible.  Danielle Sanger of the Sanger Law Office is an experienced and dedicated Kansas Professional License Defense Attorney who has helped numerous fellow Kansas Attorneys face the potential loss of their law licenses.  As a former Assistant Attorney General of Kansas, Danielle Sanger has a unique perspective not shared by many other professional license defense attorneys.  If you would like to schedule a free consultation with Danielle Sanger to discuss your situation, contact the Sanger Law Office today by calling (785) 979-4353.