Tag Archive for: Missouri Professional Licensing Attorney

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Common Ways that Social Workers Endanger Their Licenses

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Social workers frequently work with their community’s most troubled and marginalized populations, often working closely with people suffering from addiction, poverty, and abuse to accomplish their goals. But these necessary aspects of the social worker’s job frequently expose social workers to accusations of misconduct. Because social workers often work one-on-one with clients, these allegations can be tough to defend.

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

Most Frequent Allegations Against Social Workers 

Boundary Violations—allegations of boundary violations arise when a social worker’s relationship with a client extends beyond a therapeutic relationship. Sexual and romantic relationships are clear boundary violations, but even a perceived friendship or connection on social media can give rise to allegations. With the rise of social media, I advise clients to have a strict rule that they will have no virtual or social media relationship with their clients.

Failure to Maintain Client Records and Case Notes—social workers often struggle under oppressive caseloads. Clients’ immediate emotional and safety needs can seem more important than paperwork. But maintaining client records is a vital and mandatory aspect of the social work profession, and a failure to keep up with case notes results in an inability to communicate across the therapeutic team. Have a system for documenting client interactions at the time those interactions occur or soon after. I frequently see social workers find themselves in the midst of an administrative investigation when they have tried to catch up long after a client meeting or when they created false records long after a client interaction has occurred. 

Working Outside the Scope of Practice—while social workers are all compelled to help those in need, that compulsion can result in licensure issues when the social worker wanders outside his or her area of competency. If you are trying to develop a new competency, seek and document mentoring, supervision, training, and education. The problem with working outside the scope of practice is that, without mentoring and training, you can easily make mistakes and not be aware you are making them, even when you are otherwise conscientious. 

Failing to Keep Up with Continuing Education Requirements—many disciplinary actions start with an allegation that a social worker was unable to keep up with required continuing education requirements and grow from there. Keep up with your continuing education requirements and document your compliance so that this issue never arises. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your social work license to lose it because you failed to adequately document your compliance with continuing education requirements or some other housekeeping issue.  An inquiry from a licensing board regarding your professional actions and decisions means that your livelihood as a social worker is in jeopardy. As the investigation progresses, you will need help in gathering and organizing evidence, hiring expert witnesses, cross-examining witnesses, among other tasks.  Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains the Kansas Pharmacist Complaint and Investigation Process

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Given the opioid crisis occurring in the United States and the uptick in complaints against pharmacists, I have recently defended pharmacists accused of violations here in Kansas. As someone who actually provided legal advice to medical boards in the past, I can also tell you that I have seen well-meaning professionals have their lives destroyed because they decided to try to represent themselves. No matter how seemingly inconsequential your case seems, attempting to represent yourself is a massive mistake. Because I have seen a rise in the number of chiropractor complaints over the years, I wrote the following blog post and attached a Kansas Board of Pharmacy overview for your review.

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

You Have a Constitutional Right to Due Process

The Kansas Board of Pharmacy is an administrative arm of the State of Kansas. So when the Kansas Board of Pharmacy begins actions that could result in the loss of your license, that is the state acting to take your property from you. Any time the government acts to restrict your life, liberty, or property it must first provide you with “due process,” a legal term that means you must have an opportunity to know the allegations against you, to review the evidence underlying those allegations, and to have an opportunity to “confront” that evidence in a meeting with an investigator.

While you could probably struggle through an investigation on your own and could likely even sit through a hearing, you want someone by your side that has been through hundreds of proceedings like yours. A licensing attorney can challenge the state’s evidence and can even have it excluded. Similarly, a licensing attorney can effectively cross-examine witnesses and access expert witnesses that can help your case.

The Initial Stage of an Investigation

Most reports received by the Kansas Board of Pharmacy come from consumers as formal complaints, but there are a host of other sources.  Some complaints originate with employers, the court system, law enforcement, neighbors, relatives, or other agencies. Once a complaint comes in, an investigator is assigned to begin gathering facts and evidence. It is vital that you remember that you have the right to legal help throughout the investigative process.

What Does an Investigation Look Like?

State investigators from the Kansas Board of Pharmacy will review medical records, personnel records, agency records, and records of discipline on licensing from other states. They will conduct interviews of witnesses and take their statements. It best if you have documents ready and organized for the investigator’s review and do not make them search for them; obviously, this promotes an air of transparency that can only help your case.

You will also have an opportunity for an interview. It is crucial that you have an experienced licensing attorney help you prepare for your interview and be by your side as it is conducted. This is also an opportunity to provide exculpatory and mitigating evidence to the investigator, and your attorney will help you collect the evidence that is most persuasive.

The investigative process takes six to nine months to complete. Factors such as the availability of evidence, cooperativeness of witnesses, and case complexity influence how long an investigation will take.

What Happens After the Investigation?

The investigator’s work is not complete once the investigation is complete.  The investigative summary and file are forwarded to the Kansas Board of Pharmacists and is reviewed by the Investigative Member of the Board, who decides what disciplinary action should be taken.  Options include, but are not limited to 1) revocation, 2) probation, 3) monetary fines, 4) non-discipline probation agreements, 5) agreements to obtain specific CE courses, and 6) referrals to the impaired provider program.

The Kansas Board of Pharmacy will notify you once they decide your discipline. The Board must approve whatever disciplinary action is recommended against you. While this may seem like the end of the road, it isn’t. You still have an opportunity to appeal this decision to the Kansas courts. However, agency decisions such as disciplinary decisions are given great deference by the courts, so it is more effective and much cheaper to work with an experienced licensing attorney to reduce your discipline at the investigation or Board level.

Contact an Experienced Kansas Licensing Attorney Now

You have worked too hard to attain your pharmacy license.  If you are under investigation, do not agree to any suspension of any kind or speak to an investigator without an attorney to defend you. Your livelihood is at risk, and the challenge facing you is one you cannot navigate alone. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney prepared to guide you through your licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Provides a List of Tips for Nurses Under Investigation

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Receiving a certified letter from your state licensing board indicating that they are opening an investigation into your performance as a nurse is a harrowing experience. Most nurses I know go through several stages of emotion—terror, embarrassment, anger, and fear are all common. I have helped hundreds of similarly situated nurses through this process and can assure you that many of those representations, while stressful, had positive outcomes. While I cannot provide specific legal advice for every possible situation in a blog-post, I thought it would be helpful to give an overview of general counsel that I regularly offer nurses who call me frantically upon opening a letter indicating that they are about to be investigated.  The list of general tips follows.

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

Advice for Nurses Receiving Notices of Investigation

  1. Hire an experienced licensing attorney immediately. The biggest mistake you can make now is trying to “go it alone” or to “work with” the investigators. Both of these are horrible strategies that routinely result in catastrophe.  Hire an expert to help you gather evidence, deal with investigators, and present the best picture of your actions.
  2. Focus on telling the truth and being transparent. Like most things in life, it is far more serious to be caught lying than caught making a mistake. Given the extensive record keeping in most medical facilities, it is extremely unlikely that you will get away with any lie you tell, and the ramifications of lying are usually significant.
  3. If you have one, contact your professional insurance carrier. If you do not have one, it is too late to attain insurance for whatever conduct is being investigated.
  4. Keep silent. As you have seen on television, “anything you say can and will be used against you.” This is a serious situation and is no time for posting about your problems on social media. All too often I see my clients’ unfortunate statements, written in a period of anger or frustration, come back to haunt them as admissions in administrative hearings. Do not speak about your case with coworkers or friends either; any of these people can be called as witnesses to testify about your statements.
  5. Do not copy patient records, even if you need them for your defense. A licensing attorney can attain the documents you need when the time comes to put on your defense. Making copies of or otherwise improperly accessing patient records is likely a HIPAA violation and will further harm your case.
  6. Do not speak to investigators, former patients, or family members of former patients. These folks are likely fishing for information from you; speaking with them hurts your case.
  7. If an investigator contacts you, refer the investigator to your attorney and do not make any statement.
  8. Remain professional. You are a member of a profession honored for its professionalism. While you may have every right to be frustrated or angry, now is not the time to give investigators the impression that you fail to meet the standards of your profession.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

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

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

 

 

Missouri Professional Licensing Attorney Danielle Sanger Explains Issues Surrounding Fifth Amendment Self Incrimination

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Professionals sometimes come to me with questions about “pleading the Fifth” in their hearings before licensing boards in Missouri. This concept comes into play when testifying truthfully might subject the testifier to criminal charges. While the U.S. Constitution guarantees all citizens the right to protect themselves from self-incrimination, Fifth Amendment protections are not a panacea. Deciding whether or not to testify is a complex decision and should not be made lightly. If you are even thinking about exerting your Fifth Amendment rights, you must seek expert legal help immediately.

If you are a professional in Missouri facing an investigation, call attorney Sanger immediately at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through this alone.

The Fifth Amendment

The Fifth Amendment of the United States Constitution guarantees that a person cannot be forced to testify against themselves in a criminal matter. Basically, a prosecutor cannot call a defendant to the witness stand and ask him or her whether they committed a crime. Importantly, a jury or court cannot hold that decision to remain silent against a defendant.

A hearing before a licensing board is not a criminal trial, however. While not a criminal prosecution, the United States Supreme Court held in Lefkowitz v. Turley, 414 US 70 (1973), that a person cannot be forced to testify in a civil matter such as a licensing hearing when the testimony could later incriminate them criminally:

A witness’ privilege against self-incrimination `not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.’

 

Accordingly, you can “plead the Fifth” in a Missouri licensing hearing, meaning that you can refuse to testify. But is that a good idea?

Implications of Pleading the Fifth in Missouri

Remember, when you plead the Fifth, you are saying that your testimony may implicate you in a crime. While that tactic may be a wise one to avoid criminal prosecution, it is likely to be held against you in a licensing case.  That is a significant difference between a criminal and civil proceeding; your silence cannot be held against you in a criminal proceeding, but a civil proceeding such as a licensing board hearing can draw a negative inference from your refusal to testify.

Imagine you are a nurse and are alleged to have distributed opioids to family members illegally. In your licensing hearing, it would be wise to plead the Fifth Amendment to avoid serious criminal charges related to drug distribution. That said, in a civil matter, your decision to plead the Fifth may be used against you and will likely be taken as an admission by the licensing board. This adverse inference by the licensing board will likely cost you your license. Accordingly, taking the Fifth is a good way to avoid criminal prosecution, but is a strategy that will likely lead to negative consequences in the licensing context. It is never a decision to make lightly or without the help of experienced licensing counsel.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

If you are a professional facing criminal prosecution, you are likely also in jeopardy of losing your professional license.  Whether it is a medical, counseling, nursing, accounting, veterinary or any other type of license, an inquiry from a licensing board means that your livelihood is in jeopardy. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Why You Need an Attorney at Your Licensing Board Hearing

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The United States Constitution prohibits the state from taking your property without “due process,” which means that the state has to legally prove its case after giving you a chance to review the evidence against you and defend yourself.  This due process requirement is not only in place when the state wants to take physical property like land; it also applies to other possessions such as your professional license.

The state should have to struggle to take something as valuable as your license, but too many professionals fail to attain the help of an experienced licensing attorney when they receive a notice of investigation or violation.  This failure ends up making the state’s job far too easy. Because I get so many calls asking me whether it is “worth it” to hire an attorney, I wrote the following blog post to explain the value of having experienced counsel by your side.

If you are a professional in Kansas or Missouri facing an investigation that jeopardizes your professional license, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through this alone.

Misperceptions About Hiring an Attorney

Some people have the misperception that hiring an attorney will somehow make them look guilty. This could not be further from the truth. In fact, state licensing boards know that a skilled licensing attorney can actually help streamline the case, expose flaws in the state’s case, and resolve the case more efficiently. A licensing attorney often presents an alternative set of facts that demonstrate that the state’s version of events may be inaccurate.

When a person is unrepresented, the state board often assumes that he or she must not have a defense. This leads to the very conclusion that the person wanted to avoid, that they are guilty. When a person is not represented by counsel, the licensing board views the case as “shooting fish in a barrel.” Do not end up like a dead fish!

Attaining and Protecting Information

An experienced licensing attorney knows what evidence to present, what to withhold, and what to seek from the licensing board. That knowledge stems from having numerous cases before the board seeking to discipline the client. You are already at a disadvantage if you lack that sort of experience. You are also at a disadvantage if you do not know how much information to divulge. Professionals under investigation often think they will gain favor with the licensing board by providing them all of the information they are seeking, even damaging information. That strategy is never successful, as a layperson will often end up making the state board’s case for them by providing incriminating information in an effort to be “helpful.”

A skilled licensing defense attorney can advise you regarding which information to share and which information you may legally withhold. Differentiating between the information to share and to withhold may mean the difference between keeping and losing your license, and only an attorney with experience before your Missouri or Kansas licensing board can provide you with that sort of guidance.

Negotiating a Positive Outcome

Attorneys are trained negotiators. Sometimes a “good” outcome is a suspension instead of a license revocation, while other times, a complete dismissal of the allegations is the required. Either way, only a licensing attorney that has represented multiple clients before your licensing board can adequately advise you regarding what is a fair outcome in your case. Trying to negotiate on your own behalf is a sure way to get a poor result.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your professional license.  Whether it is a medical, counseling, nursing, accounting, veterinary or any other type of license, an inquiry from a licensing board means that your livelihood is in jeopardy. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients or clients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

 

Missouri Professional Licensing Attorney Danielle Sanger Describes the Most Common Kansas Child Care Provider Licensing Issues

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Clients frequently come to me with issues regarding their child care licensing issues. Whether it is because they accidentally hired an employee with a criminal past, they are alleged to have endangered a child, or their facility is understaffed, any one of these allegations can end your career as a childcare provider.

If you are a professional in Missouri facing an investigation, call attorney Sanger immediately at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through this alone.

Child Care Providers in Kansas: The Law

I attached a link to the Kansas statutes and regulations that dictate how child care licensing works in Kansas. For the purposes of this post, however, here are are all of the reasons that a person or business’s childcare license could be revoked:

K.S.A. 65-523. Grounds for limitation, modification or suspension of license or temporary permit.

The secretary may limit, modify or suspend any license or temporary permit issued under the provisions of K.S.A. 65-501 through 65-516, and amendments thereto, upon any of the following grounds and in the manner provided in this act:

  • Violation by the licensee or holder of a temporary permit of any provision of this act or of the rules and regulations promulgated under this act;
  • aiding, abetting or permitting the violating of any provision of this act or of the rules and regulations promulgated under this act;
  • conduct in the operation or maintenance, or both the operation and maintenance, of a maternity center or child care facility which is inimical to the health, safety or welfare of any woman or child receiving services from such maternity center or child care facility, or the public;
  • the conviction of a licensee or holder of a temporary permit, at any time during licensure or during the time the temporary permit is in effect, of crimes as defined in K.S.A. 65- 516, and amendments thereto; and
  • a third or subsequent violation by the licensee or holder of a temporary permit of subsection (b) of K.S.A. 65-530, and amendments thereto.

Below I will go through the most common types of allegations that I see.

“Conduct Inimical”

To be “inimical” means to be the enemy of something. As used above, it means that it is alleged that a daycare provider is acting in a way that is the enemy of the children’s health, safety, or welfare. This is a broad, subjective category, but I most commonly see allegations involving hitting children, unsanitary or unsafe facilities, or allowing staff to behave inappropriately in front of children in their care. Sadly, given our nation’s opioid epidemic, I frequently see cases where it is alleged that childcare providers are under the influence of opioids while caring for children.

Criminal and Other Conduct

Being convicted of a crime may not mean the loss of your childcare license, but either having a felony conviction or employing someone who does is a common reason for revocation. Any sort of felony sex offense, drug offense, or assault, particularly domestic violence, is a bar to employment at a child care facility, even if it was committed as a child. Employing felons may also trigger a loss of license, so I always advise thorough background checks before any hire. Additionally, Kansas does not allow some people who require a conservator or cannot be legally responsible for themselves, such as people with significant mental disabilities, from working at a child care center. Kansas also people who have had their children taken from them due to abuse or neglect to work at child care centers.

Staffing Ratios and Capacity

As a childcare facility, you should know the required ratios of staff to children. Unfortunately, these license revocation issues often arise after an accident, when the State of Kansas revokes a license because there was, allegedly, inadequate staffing to prevent the accident. Staffing ratios depend on the age and number of children in your facility, know them.

If you are a childcare provider facing license revocation, your livelihood is in jeopardy. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to working with children and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains—Licensing Issues for CPA’s

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Certified Public Accountants are highly-trained and highly-respected members of the community. The key to practicing as a CPA is your license. For a variety of reasons, accountants are sometimes accused of engaging in unethical practices or misconduct. Sometimes these complaints are false or are retaliation by a disgruntled client. Other times, unfortunately, they are the result of an ethical lapse by the CPA. Either way, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline why discipline could occur and what you should do if an allegation arises.

If you are a CPA in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and you cannot work your way through this alone.

Can the State of Missouri or Kansas Just Take My CPA License?

No. Legally, your CPA license is your “property,” just like a piece of land. The United States Constitution’s Fifth Amendment guarantees that the government cannot deprive you of life, liberty, or property without due process. But what does “due process” mean? While in a criminal trial you have a right to a jury and other elaborate process, a license action only requires a hearing before an administrative hearing officer or board. In this context, due process means that the state must afford you notice of all the allegations against you, an opportunity to prevent your defense to a hearing officer or board, and consideration of your position. But make no mistake, an administrative hearing is just as contentious as a criminal trial, and your career hangs in the balance.

What Should You Do if You are Accused of Misconduct or Unethical Behavior? 

Panicking Will Not Help

While a claim of misconduct or unethical behavior is serious, there is no reason to panic. Given the numerous regulations that CPA’s must follow and the number of clients they see, an allegation is inevitable.  That said, with the help of experienced licensing counsel, you will likely be able to navigate this process and position yourself for many more years of practice.  While this is a dark time, it will not remain so forever.

Attain Counsel Before Speaking with Any Investigators

As you have likely seen on television crime shows, “you have the right to remain silent” and “everything you say may be held against you.”  The problem is that you will likely not be given that sort of “Miranda” warning, as this is not a criminal matter. Instead, many CPA’s try to go it alone or talk their way out of the problem. Investigators love it when you do that, as you are providing them with exactly the information they need to find a violation. The investigator may seem helpful and sympathetic, but that is often just a ruse to get you talking. Do not speak with any official without counsel present.

Preserve All Records

Do not delete records related to any inquiry into your conduct. Such destruction, even if done innocently, will suggest guilt later. Instead, preserve all documents and turn off any automatic archiving software.  Next, compile all records pertinent to the matter so that you and your

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any CPA in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a license suspension or revocation.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with CPA licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses the Standard of Care in Nursing Cases

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After years of work, attaining a license to practice nursing is a tremendous achievement. That achievement means having a good livelihood and your community’s respect. All of that can be derailed by a disciplinary issue resulting in a suspension or revocation. I frequently see “standard of care” cases result in that sort of derailment. Many of these allegations can be resolved without any punishment if a nurse hires expert licensing counsel, but whether out of shame or ignorance, may nurses fail to attain representation and needlessly deal with serious consequences.

If you are licensed medical professional in Kansas or Missouri facing an investigation or nursing board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

The Standard of Care

As a nurse, you must meet the “standard of care” in your patients’ treatment.  That standard is very vague, and is usually defined what a reasonable and prudent nurse would do when caring for the same or similar patient in the same or similar circumstances. The rationale for having such a vague standard is that it allows for constant advancement in the profession. Unfortunately, it also allows for an ever-changing and ever-increasing standard for nurses to meet.

The “standard of care” is a subjective standard, meaning it does not have absolute, objective criteria. Rather, it is judged based on what an observer feels is reasonable given certain circumstances. A nurse treating a dozen wounded soldiers on a battlefield will be held to a lower standard than one working on a single patient in a well-funded hospital.

In my practice, standard of care allegations come to light after a negative outcome or sentinel event. They often include questions regarding record keeping, medication administration, or competency in various procedures. Whether the nurse is a talented veteran or rookie, their conduct will be scrutinized if it may have had a negative effect on patient care.

Again, remember that the duty of care is a highly subjective standard. You will need to describe your actions in a light most beneficial to you.  Were you provided sufficient training?  Were you practicing as you were instructed to do? Did you meet the approved standard in place in your workplace at the time? Were there supervening events beyond your control?  You will need experienced counsel to make these arguments meaningfully on your behalf. Because this is all I do, I have a good understanding of how the nursing board will react to these arguments in your case. I also have access to expert witnesses that can help establish exactly what is the standard of care in your nursing field.

You should not speak to an investigator from either your employer or the Missouri or Kansas nursing board without a skilled licensing attorney by your side, protecting your interests. If you receive an official accusation, you must file a defense in your response; counsel can help you do that. Failing to file a defense may lead to a default judgment against you, which may lead to an automatic suspension or termination of your license. As a licensing attorney, I have prepared hundreds of statements of defense and can tailor a winning strategy to protect your interests.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any nurse in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your license to practice nursing is in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and speaking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a suspension or revocation of your license.

If you are a nurse in Kansas or Missouri and are worried about allegations of misconduct costing you your career, call Missouri Professional Licensing Attorney Danielle Sanger now.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses: DEA Ramps Up Enforcement to Deal with Opioids

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If you are licensed medical professional in Kansas or Missouri facing an investigation by the DEA, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

How Will the DEA Contact Me?

As someone who holds a controlled substances registration, you have to comply with the Controlled Substances Act (CSA). Violations of the CSA are severe. Civil penalties include substantial fines and the loss of the ability to distribute controlled substances. Criminal penalties also include fines, but may also include jail time. Parallel to both of those federal processes is usually a Kansas or Missouri state process to revoke or suspend the person’s license to practice medicine, nursing, pharmacy, or other medical professions.

If you hold a registration and are under a DEA investigation, you may not even know it.  They may just arrive at your place of business or home with agents and state licensing officials. If you are subject to this sort of unannounced visit, it is likely because the DEA is serving a warrant to seize records and inspect the premises. DEA agents may want to interview you and your staff during their visit; in this situation, you will want to call counsel immediately, as it is rarely, if ever, a good idea to speak with law enforcement without the help of counsel present. The DEA may also demand that you surrender your registration at this point. Again, it is rarely advisable to simply give in to these demands without first discussing the situation with your attorney.

The DEA’s involvement in your practice is not always so dramatic, however. The DEA also engages in routine audits, where you will be notified beforehand that your records will be reviewed, your practices scrutinized, and employees interviewed. This is still a very serious situation that you should not try to go through alone. Even a routine DEA audit can leave to a revocation of your registration and loss of your license to practice. If you are contacted by the DEA for a routine audit, you will need the help of experienced counsel to help prepare records for submission.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by the DEA should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and those initial moments are crucial. “Playing along” or talking to the DEA may seem like the easy way to go, but it may not be in your best interest. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a suspension or revocation of your license.

If you are a medical professional in Kansas or Missouri and are worried about an audit or misconduct costing you your career, call attorney Sanger now.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Answers: How Do I Respond to a Peer Review of Your Hospital Privileges?

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When there is an adverse outcome of a procedure or a medical professional’s patient files a complaint, the result may be the hospital’s peer review process. The peer review process is different at each hospital and is different depending on the allegation. The process can vary widely, ranging from a short-term look at the event in question to an in-depth review of your practices and records. If handled well, a peer review is just an annoyance. If handled poorly, it can cost you your right to practice at that hospital and a National Practitioner Data Bank Report, which can end a career. Accordingly, the peer review process must always be taken seriously.

If you are medical professional in Kansas or Missouri facing a peer review of your hospital privileges, you should not go through this process alone. Instead, call  Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the administrative process required to defend you. Your career is simply worth too much to go it alone. Because I am frequently asked about the hospital peer review process, I have made a list of answers to common questions:

Be honest and tell the truth. If you misrepresent facts, it is likely that your deceit will be discovered. Lying is often punished more seriously than the underlying act that brought about the review. Assume that those reviewing your actions have more facts than you do.

Stick to the facts. Do not guess regarding facts you are unaware of; similarly, do not assume or guess at other witnesses’ motives. Do not try to make your response about why someone would have said something; rather, focus on why you took whatever action you did.

If you do not have the facts, say so. If your answer would be more complete if you had access to records, request them.

If given an opportunity to provide an explanation, always respond.  Your response should be accurate, thorough, and professional. Attain legal help to make sure your response is appropriate and avoids any sarcastic, angry, or accusatory tone.

Do not use the opportunity to respond as a chance to call out or make claims about other medical professionals’ actions. The peer review is only about your behavior as a professional, and claims or complaints about others will come across as improper deflection.

Rely on medical journals and professional standards. If you took a certain action for a certain reason, provide evidence from journal articles or professional standards that supports your decision. Do the peer review committee’s work for them and attach copies of the articles for their review. Similarly, if the hospital has published rules or protocols, rely on them in your response. Try to tie each of your actions to a rule, standard of care, or both.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

The peer review process is uncomfortable, but does not have to be fatal to your career.  You deserve to be working as a medical professional without the fear. Contacting an experienced licensing attorney to help you through any of these processes can mean the difference between getting back to your practice quickly and a suspension or revocation of your privileges.

If you are a physician in Kansas or Missouri and are worried about a hospital peer review costing you your career, call attorney Sanger now.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Missouri Professional Licensing Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with medical professional licensing issues.