Tag Archive for: Kansas Professional Licensing Defense Lawyer

Doctor Surrenders License in Kansas After Medical Board Review

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Doctors understand the value of their medical licenses. Without a license, the doctor cannot practice their profession. Years of hard work have led to their profession, and in many cases, practicing medicine becomes a part of a person’s identity in addition to their livelihood. When a complaint is made against a doctor’s license, the situation can be stressful and, in some cases, devastating. It is important to take complaints seriously and to fight against any allegations. When it comes to a medical license, there is a great deal at stake.

Doctor in Kansas Surrenders License

A doctor in Kansas recently opted to surrender his professional license after he was investigated by the state’s medical board. The physician was operating an anti-aging clinic and a wellness spa. It is not clear why the doctor was being investigated, but the same physician had previously had his license suspended. Nearly twenty years ago, Kansas suspended the man’s license after he engaged in sexual relations with a nurse and two patients. In Missouri, the same physician had been investigated for failing to complete registration for a controlled substance. The substance in question was testosterone.

The board recently placed an emergency suspension on the doctor’s license after stating that the continued practice of medicine by the individual would lead to an imminent danger to his patients. The doctor eventually agreed to surrender his license to end the most recent investigation.

Why would a Doctor Lose Their License?

Doctor’s licenses may be challenged for a number of reasons, including poor quality of care to their patients, sexual abuse or misconduct, mental impairment, drug or alcohol abuse, or administrative misconduct. When it comes to the medical profession, these individuals are required to meet a high level of care and must abide by strict professional guidelines.

In many cases, the allegations may not be true, or the case is not clear cut. When the medical board receives a complaint about a doctor, there is a process that the board will go through in determining whether to take disciplinary actions against that physician.

The penalties a person will face will depend on the severity of the misconduct. Given the potential for a severe outcome, including the loss of a medical license, it is crucial that a doctor who receives notice of a complaint address the allegations aggressively.

Defending a medical license

If you are facing an investigation, you will have to provide a defense at a hearing. Hiring an attorney to handle the issue can help doctors understand how to best protect themselves and their livelihood. A lawyer who specializes in professional licensing issues will help you to understand what to do and can ease some of the stress brought on by the allegations.

Another step to take is to contact your malpractice insurance provider. Contact should be made as soon as you are aware of the investigation. In many cases, the insurance policy will require that you take this step promptly. Contacting your insurer will help protect you in the future.

You may also speak to your attorney about whether you need to hire an expert to defend you. You might know people in the medical field who would be helpful in providing a defense at your hearing. Tell your attorney and ask if this is necessary for your given situation.

The Kansas Professional Licensing Defense Lawyer at Sanger Law are ready to help protect your profession. Contact us today at (785) 979-4353  to discuss your case.

Kansas Board of Healing Arts Has Authority to Investigate Physician’s Conduct Occurring in Missouri

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Physicians who practice medicine in multiple states may be subject to investigation and discipline for conduct occurring outside of Kansas.  The Kansas Supreme Court conferred jurisdiction to the Kansas Board of Healing Arts to investigate physicians and potentially discipline Kansas physicians for conduct outside of Kansas. As an experienced professional licensing attorney in Kansas and Missouri, Danielle Sanger, Esq., is well versed with defending physicians facing discipline.

The Kansas Board of Healing Arts has jurisdiction to sanction a physician’s license despite the actionable conduct occurring in another state.  In Ryser v. State of Kansas et als., 284 P. 3d 337 (Kansas 2012), the Kansas Supreme Court ruled that the Kansas Board of Healing Arts (“Board”) has the jurisdiction, or the legal authority, to regulate the practice of medicine even if the questioned conduct occurred in another state. In so ruling, the Kansas Supreme Court indicated that the Board has “broad authority to regulate the practice of medicine.”   As part of that authority, the Board “shall undertake investigations regarding its authority to regulate medical practice in Kansas under the “Healing Arts Act (‘the Act’).”  

At the time the litigation commenced, Carol Ann Ryser, M.D., was licensed to practice medicine in both Kansas and Missouri. The Board issued a subpoena for medical records for a patient of Dr. Ryser’s pursuant to its subpoena authority conferred under the Act after Dr. Ryser was sued for malpractice in Missouri. Dr. Ryser moved to quash the subpoena. Dr. Ryser argued that the Act did not grant the Board jurisdiction to investigate claims of malpractice that occurred in Missouri. Dr. Ryser sued in the district court to quash the subpoena and the district court denied her motion. Dr. Ryser appealed to the Kansas Supreme Court.

The Kansas Supreme Court upheld the district court’s ruling ordering the subpoena to issue. In ruling against Dr. Ryser, the Court was forced to decide whether the Board possessed jurisdiction over the matter. The Court considered what authority the Act conferred to the Board to investigate. Under the Act, the Board has the duty to investigate matters involving competency, unprofessional conduct, or “any other matter which may result in disciplinary action against a licensee.”  While Dr. Ryser admitted she was licensed to practice medicine in Kansas (because she was in fact licensed in Kansas), she argued that she was not practicing under the Act because the alleged incident occurred while she was treating the patient in Missouri.

The Court thoroughly examined the term “licensee” as it applies to the Act.  The Act itself fails to define what it means to practice under the Act. The Court examined other terms and definitions of other terms within the Act to assist with the interpretation of what it means to “practice.” Consequently, the Court turned to the definition of “healing arts.” The definition of “healing arts” under the Act includes numerous practices and treatments but also without “limitation to the practice of medicine and surgery.”

The Court next turned to the Act’s definition of the “practice of medicine and surgery” to further explicate the meaning of “practice.” The Court was persuaded that “persons deemed to be engaged in the practice of medicine and surgery” are individuals who hold themselves out to the public as physicians or surgeons.  Because the Act, by its own terms, fails to include a geographical limitation upon the practice of medicine, the Court concluded the Board may investigate actions occurring in another state.

Physicians Facing Discipline Must Hire a Zealous Advocate

Danielle Sanger, Esq., has fought to protect the livelihood of Kansas and Missouri physicians facing discipline.  Kansas Professional Licensing Defense Lawyer Danielle Sanger is a zealous advocate who will fight to defend you against allegations of misconduct in the practice of medicine. Call attorney Sanger today at 785-979-4353 for your free consultation.  

Kansas Massage Therapists – What You Should Know About Licensing Laws

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Massage therapy is a specialty just like any other profession.  In Kansas, a license to practice as a massage therapist is not required.  Recent proposed legislation to require massage therapists to obtain a license has failed.  However, many cities in Kansas do require that massage therapists have a license in order to offer massage therapy services to clients.  As such, if you are a Kansas massage therapist, you should consider the importance of having a license, regardless of the fact that Kansas does not require you to have one.

Massage therapy may seem like a practice that is not likely to harm a client.  Many chiropractors, nurses, and other medical professionals provide some form of massage therapy as part of their treatment of patients.  Thus, the state of Kansas does not require massage therapists to be licensed.  However, having a massage therapy license is still essential to representing yourself as a legitimate professional for many reasons, including, but certainly not limited to, the following:

  • Having a license shows clients that you have received sufficient education and training, and therefore are skilled in your profession;
  • Having a license protects you from accusations that you are an unlicensed  and unskilled practicing massage therapist; and
  • Many cities in the state of Kansas require that you have a massage therapy license.

Even though massage therapy is a career field that does not require extensive education as do other professions, massage therapy is still a service that is offered to individuals, and massage therapists have a responsibility to provide services without harming their clients.  Without a massage therapy license or certificate, you put yourself at risk for being held liable for offering services negligently and causing a client to suffer injuries.

While Kansas does not require that massage therapists be licensed, massage therapists are still regulated by the court system, in that injured clients may pursue a cause of action for negligence against a massage therapist who has caused harm.  This is not a desirable way for massage therapists to be regulated as lawsuits can be long, stressful and may result in loss of employment.  Having licensure requirements would enable the massage therapy profession to expand and become more specialized.  If licensure is required, then massage therapists are more likely to receive more intensive education and training, and this makes the profession more reputable throughout the state of Kansas.  Until the law changes, there may be massage therapists out there who are providing clients with inadequate and negligent services.  As such, obtaining a massage therapy license is a good way to help legitimize your profession to clients.

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

If you are a licensed Kansas massage therapist, and you are facing the potential loss of your license from your city’s licensing board, it is important that you discuss your situation with a Kansas Professional License Defense Attorney right away.  While the state of Kansas is not in charge of regulating your license, you still need to ensure you are complying with all rules and regulations required by the city you work in.  Danielle Sanger of the Sanger Law Office is a seasoned Kansas Professional Licensing Defense Lawyer who devotes her career to helping Kansas professionals fight to keep their professional licenses.  As a former Assistant Attorney General for the State of Kansas, Danielle Sanger has seen your situation from the other side, and can use this unique experience to provide you with the representation you deserve.  Danielle Sanger will advocate on your behalf to help you retain your massage therapy license.  To schedule your free consultation with Danielle Sanger, contact the Sanger Law Office today by calling (785) 979-4353.