Tag Archive for: Missouri Professional Licensing Attorney

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: What Do Licensed Medical Professionals Need to Know About Administrative Hearings?

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A medical, chiropractic, nursing or other medical career is the product of a lifetime of education and hard work. As a result of your perseverance, you now have the ability to engage in a meaningful, well respected, and lucrative career. But what if your licensing is treated with suspension or revocation? What steps do you need to take to remain a member of your chosen profession? If you are licensed professional in Kansas or Missouri facing professional discipline, you must avoid going through the administrative hearing alone. Instead, call attorney Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the administrative process required to defend your license. Your career is simply worth too much to go it alone.

Expert defense of your professional license in Kansas or Missouri is the key to continuing your entire career. Without it, you stand to lose your business, your financial security and your reputation.

When your professional license is jeopardized by a threat of suspension or expulsion in a Kansas or Missouri state agency hearing, it is vital that you understand to know what to expect and how to best defend your licensure. Step one of defending your licensing is retaining experienced counsel, as just getting advice from friends will not adequately prepare you.  The procedures are different between various regulatory agencies and there may be significant legal differences in your case that only an attorney will recognize.

Your Hearing is Your Opportunity to Challenge an Initial Finding Against You

Regardless of what type of license you hold, a discipline hearing will be initiated based on an initial allegation of misconduct and some fact-finding by the administrative agency. Too many professionals misunderstand this and just “roll over” and accept whatever penalty is proposed. My experience is that challenging evidence at an administrative hearing almost always reduces the penalties from what was initially proposed, and frequently results in a complete dismissal of charges.

The administrative hearing process may be very brief, a few hours, or could take several days depending on the complexity of the allegations and evidence against you. An administrative hearing is the first opportunity for you to challenge the allegations and investigation into your conduct.  Each side has an opportunity to state their case, challenge evidence, call witnesses, and cross-examine them. After weighing both sides’ positions, an administrative judge makes a determination or finding regarding the accused’s responsibility and imposes punishment based on each side’s recommendation.

Your Administrative Hearing is Not the End of the Story

Administrative judges and administrative cases may not be the final word in your case. These can be hastily conducted affairs and tremendous deference is sometimes given to administrative agencies. An administrative decision against you can also be appealed to a court of law. Winning an appeal is not just a do-over, it takes an experienced licensing attorney who can position issues during the administrative process so that they will be more likely to be successfully appealed later.  Creating these “appeal points” requires an attorney with experience before the administrative body and the Missouri and Kansas courts.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You deserve to be practicing your chosen profession without the fear of administrative  discipline. Contacting an experienced licensing attorney to help you through this process can mean the difference between getting back to work quickly and a drawn out process or suspension.

If you are a medical professional in Kansas or Missouri and need help with the administrative hearing process, call Danielle Sanger today.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. 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: A Cautionary Tale of Physician Misconduct

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There is an opioid epidemic in the United States. As a result, there is increasing attention on doctors who prescribe opioids and an eagerness to blame those doctors for the tragedy caused by opioids. Given that backdrop, it is not unusual for doctors to find themselves accused of misconduct involving prescriptions. Some doctors are too informal with how they handle these powerful drugs, but others are wrongly accused by patients who make accusations when their doctors cut off their opioid supply. If you are a Kansas or Missouri doctor and allegations of misconduct are made against you, call attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for physicians facing occupational discipline. 

A Cautionary Tale of Misconduct by a Medical Professional

In Maryland, Dr. Walter Kozachuk routinely sold opioid prescriptions to patrons at a bar, selling prescriptions for anti-anxiety drugs and painkillers for $100 each. As a result of this conduct, the Maryland medical board suspended his medical license for two years. He appealed that suspension, and on December 15, 2017, a Maryland appeals court upheld the suspension.

Avoiding Misconduct Allegations in Your Medical Practice

The opioid epidemic did not just happen accidentally. These powerful drugs became widely and illegally distributed for a number of reasons—drug-seeking patients learned how to game the system, doctors blinded by greed ignored abuse, and unethical clinic managers made the drugs easier to attain than they should have been. Those are the sources of the problem; accordingly, you must do whatever you can to avoid those problems if you want to stay clear of misconduct allegations. The following is some of the most common advice that I give clients who ask how to avoid these problems.

First, do not associate with clinics that have a reputation as a “pill mill,” as they usually earned that reputation. Second, avoid practicing alone, where lapses will go unchecked; instead, associate with a group and hold each other accountable. Third, be scrupulous with your record keeping. Good record keeping is your best defense when allegations of misconduct arise, and sloppy records can appear incriminating, even in instances when you have done nothing wrong. Carefully documenting the identity of who you prescribed to is key. Fourth, pay close attention to your staff and hold them to the same high standard of professionalism that you hold yourself to. Your staff can be your Achilles heel, engaging in illegal activity that you would never contemplate, but that you will be held responsible for. Finally, never allow a non-physician to control your practice, keep sole control of your books, or have sole access to your medical records.

What Should You Do If You Are Accused of Misconduct?

There is no time to waste if you are accused of misconduct. You have spent your entire life working towards becoming a physician, but your profession can be taken from you in an instant.  Too many physicians try to talk their way out of these allegations and then call me. By then, your novice attempt has usually given those investigating you everything they need. You should not respond to an investigation until you have attained representation by a skilled licensing attorney. Having a zealous advocate by your side challenging the validity of the evidence against you and cross-examining those who testify against you is not a luxury, it is a necessity.

If you are a nurse in Kansas or Missouri and are facing a misconduct allegation, call Danielle Sanger today.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for physicians facing board discipline. 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains What Physicians Should Do if Accused of Cheating on Board Examinations

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As a physician, your board certification is your ticket to a career and livelihood. I am sometimes asked whether that board certification can be jeopardized by allegations of cheating. The answer to that question is definitely “yes.’ If you find yourself asking this question because you have been accused of cheating on a board examination, you need to retain a competent licensing attorney immediately so that your medical license can be protected proactively. The Sanger Law Office has a long track record of successfully providing this sort of defense to Kansas and Missouri physicians.

It caught most licensing attorneys attention in 2010 when the American Board of Internal Medicine (ABIM) investigated and sanctioned 139 physicians accused of participating in cheating on a board exam. This is a cautionary tale for anyone taking an exam to attain board certification, as the penalties for these physicians were severe. Specifically, they had their board certifications revoked or suspended for one to five years. As you can imagine, that sort of delay in being able to practice in your chosen specialty has tremendous financial and reputational harm.

Steps To Take if You Are Accused of Cheating on a Board Certification Exam:

This is simply too serious a situation to try to resolve it on your own.  Hire an experienced licensing attorney immediately. Attorney Sanger has the experience you need to successfully represent you before professional and administrative bodies. Be honest with your attorney.  He or she can only represent you if they possess all of the relevant facts.  The worst thing for your defense is for your attorney to be caught off guard by facts they were unaware of.

Do not share your story on social media, in emails, or in writing.  Those communications can easily be shared and passed along to the professional or administrative body investigating you.

Inform your employer that these allegations have been made against you. Being forthcoming about this situation may preserve your position and will show that you are acting in good faith. If you alert your employer to these allegations, you may be able to renegotiate your contract, take on different duties, and otherwise preserve your livelihood while these allegations are pending.

Keep track of deadlines. Make sure that your attorney is aware of deadlines and that all deadlines are met. If you need an extension, ask for it in writing and make sure any approval is also in writing. Hiring an attorney to keep track of deadlines and filing requirements is the best way to manage these complex requirements..

What Should You Do If You are Accused of Cheating?

You have rights if you are accused of cheating on a board certification exam.  You have a right to due process before a decision is made that strips you of your career.  This is not the sort of due process you might see in a courtroom, but it is no less important. Having a zealous advocate by your side challenging the validity of the evidence against you and challenging or cross-examining those who testify against you is not a luxury, it is a necessity.

If you are a doctor in Kansas or Missouri and are facing a threat to your board certification, call Danielle Sanger today.

Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for physicians facing occupational discipline.

LPNs and Disciplinary Actions

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Licensed practical nurses, LPNs for short, play a pivotal role in our healthcare system in Kansas and Missouri, and across the U.S. LPNs have similar, although not identical, responsibilities as a registered nurse. Notwithstanding, LPNs are highly-trained, skilled, and knowledgeable healthcare providers. LPNs are not a substitute for RNs because LPNs have their unique position in doctors’ offices, clinics, hospitals, and nursing homes. Given their role in our healthcare system, LPNs must follow all ethical rules which govern the profession. Consequently, LPNs are subject to professional discipline by their licensing authority for deviations from the ethical standards and the standard of care particular to the profession.

Know Your Rights As An LPN

You have valuable rights conferred to you when you receive your LPN license. In Kansas and Missouri, you have a right to the due process of law before the state government, through its state boards of nursing, can revoke your license or impose some other penalty upon you that deprives you of the privilege of working as an LPN. Your due process rights are derived from the 5th amendment to the United States Constitution as well as the Kansas and Missouri state constituions and the statutory law governing nursing practice in each state.

Due process is not some legal term lawyers through around idly. The most important due process right is the right to have an attorney represents you. You can, and should, consider hiring an experienced Kansas and Missouri professional licensing attorney to represent you. Your best interests will be served if you contact a professional licensing attorney as soon as you learn of an investigation involving your conduct as an LPN.

Due process protections guarantee that you receive official notice of the allegations a complaint made against you and to examine all of the evidence the government has to present against you, both good and bad. Furthermore, due process means you have a right to a hearing before a neutral and detached fact finder where you can present evidence and witnesses who will testify for you in addition to having the opportunity to confront the witnesses who testify against you through cross-examination. You also have the right to appeal any findings to a court of law from the administrative tribunals that make the factual findings and hand down punishment.

Potential Penalties You Face For A Licensing Infraction

The statutes in both Kansas and Missouri permit a range of punishments for violations of the ethical rules governing LPNs. Punishments for violations of the nursing statutes and rules include:

  • Reprimand,
  • Censure,
  • Probation, with conditions of practice placed upon a license,
  • Suspension, and
  • Revocation

The type of punishment and the duration of the punishment depend on several factors. Perhaps the most important factor is the severity of the allegations. Additionally, boards of nursing will consider your history of past infractions, if any, the length of time you have held a license, among other factors.

Even at the punishment stage, you continue to hold valuable due process rights. You continue to enjoy the right be have counsel represent you, to present evidence on your own behalf regarding the penalty imposed, and the right to appeal.

Do Not Delay In Contacting Experienced Counsel For Representation

If you learn that you are under investigation for a licensing violation, contact an attorney right away and do so before you contact the licensing board or investigating body. Doing so without first securing competent experienced and skilled representation could substantially prejudice you and reduce the likelihood of a favorable outcome for you.

For More Information

If you are the subject of a professional licensing investigation, contact Kansas and Missouri Professional Licensing Attorney Danielle Sanger today for a free consultation. Put Attorney Sanger’s vast experience, knowledge, and skill to work for you. Call 785-979-4353 today to schedule a meeting and take steps to protect the livelihood for which you have worked hard immediately.

CNAs and Disciplinary Actions

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CNAs, or certified nurses’ assistants, are some of the unsung heroes of the medical profession. Frequently, a CNA’s job is not glorious; it is generally challenging and often goes unrecognized. However, CNAs perform an invaluable service to the patients they serve. CNAs help patients maintain a sense of personal dignity and provide the type of care that helps the patients exist from day to day.

The CNA’s primary duties such as assisting a patient dress, eat, groom, or take vital signs and administer medications might not seem like the type of profession in which someone could run afoul of the professional rules of licensing. Nothing could be further from the truth. CNAs interact with people at the most basic levels. Therefore, a CNA must exercise the utmost discretion and professionalism. Behavior that might seem like a CNA exerting undue influence over a patient could be innocent interaction and genuine care. Notwithstanding, a suspicious family protecting their loved one might misconstrue your actions and file a complaint with the board of nursing to report your alleged unethical behavior.

What Should You Do If You Learn You Are Under Investigation?

You have the right to representation by the counsel of your choosing if you are under investigation for a licensing or ethical violation. The board of nursing or another investigating body has no obligation to appoint an attorney to represent you. That does not mean that these proceedings are insignificant or that you could talk your way out of it. Quite the contrary. You should seek the assistance of an established, knowledgeable, skilled, and experienced professional licensing attorney to defend you against these allegations. If you are a CNA in Kansas or Missouri, professional licensing attorney Danielle Sanger enjoys the reputation as a zealous advocate for CNAs and all professional licensees facing discipline.

Investigations into reports of wrongdoing frequently lead to complaints issuing seeking professional discipline. Sometimes the claims are resolved in the licensee’s favor because the allegations are baseless but not always. The investigating body does not need to uncover a significant amount of evidence to issue a complaint. Consequently, you have rights to ensure that you receive a fair hearing before the government takes away your CNA license.

What Rights Do You Have As A CNA?

Every professional licensee has the right to a fair hearing before the government imposes sanctions upon you CNA license. Those rights are guaranteed by the Due Process Clause of the United States Constitution as well as state constitutions and laws. In addition to the right to have an attorney represent you, as described above, the right to a fair hearing included many important rights. Those rights include:

  • The right to a fair hearing before a neutral and impartial fact-finder,
  • The right to present witnesses and evidence on your behalf,
  • The right to confront and cross-examine witness who testify against you,
  • The right to notice of the allegations made against you and to see the government’s evidence, and
  • The right to appeal any decisions made by the licensing board to a court of law for judicial review.

Types Of Discipline You Could Face

Having a skilled administrative law attorney on your side during every phase of the professional disciplinary process, including the penalty phase, is vital to your future as a CNA. If the complaint against you is sustained, you could face the following sanctions on your CNA license:

  • Censure,
  • Reprimand,
  • Probation with conditions of practice on your license,
  • Suspension, and
  • Revocation.

Contact Attorney Danielle Sanger Immediately Upon Learning You Could Face Discipline

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation. Attorney Sanger possesses the knowledge and experience to aggressively represent you against professional discipline.

 

Missouri Professional Licensing Attorney Discusses Disciplinary Decision Regarding Marijuana Use

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States across the nation have slowly started to legalize recreational use of marijuana and medicinal use of marijuana. Ingesting the substance is no longer the anti-social behavior it once was. The stigma is all been removed from marijuana users. However, use of any substance, whether legal or not, that impairs one’s ability to perform their duties to the degree required by law is committing a violation of the rules and regulations promulgated by the Board of Pharmacy as well as state law. Missouri professional licensing attorney Danielle Sanger aggressively represents clients facing professional discipline and draws upon her vast experience to defend her clients and protect their livelihood.

In January of 2017, the Missouri Board of Pharmacy (“the Board”) issued a disciplinary order against a pharmacist for her marijuana use. The pharmacist previously faced disciplinary action in Colorado where she was once a licensed pharmacist. In Missouri, she tested positive for marijuana use. During her disciplinary hearing, the pharmacist testified that she had used marijuana since 2008. However, the pharmacist testified that she experienced migraine headaches which caused nausea and dizziness. According to the licensee, she took the marijuana to ease her symptoms.

The question before the Board was whether the pharmacist should be disciplined because of her medicinal marijuana use. The pharmacist argued that although the Board could discipline her license, the Board should decline to exercise their right to do so. In support of her argument, the pharmacist cited the fact that she only used marijuana eight or ten times and only after a prescription migraine medication failed to relieve her migraine symptoms. The licensee argued that the Board should treat marijuana differently than other Schedule I drugs because of marijuana’s medicinal properties that have been recognized in the medical community. Furthermore, the pharmacist argued that the Board should not discipline her license because she was trying to obtain employment in a hospital. She was working in retail pharmacy but wanted to change careers.

The Board countered the pharmacist’s argument by claiming that the pharmacist had other therapeutic options available to her. For example, the Board pointed out that the licensee could have sought relief from prescription medications. The Board further elicited evidence from the pharmacist that the state of her headaches did not change when she used marijuana. Finally, the pharmacist agreed that her license is subject to discipline and agreed to oversight even though she did not believe it was necessary.

The Board chose to impose discipline on the pharmacist’s license. The Board placed the pharmacist on probation for two years instead of suspension or revocation. During the probationary period, the pharmacist was prohibited from acting as a pharmacist in charge, teach, or act as a consultant. The pharmacist was also ordered to provide documents within three (3) days of the Board’s request. Also, the Board’s disciplinary order obligates the pharmacist to attend interviews when deemed necessary by the Board and otherwise cooperate with the Board’s demands, if any.

The Board issued orders to ensure that the pharmacist remained drug-free. The Board ordered her to submit to drug testing by urinalysis, or analysis of her blood, hair, skin, or saliva. Furthermore, the Board added a term that the pharmacist must give the disciplinary order to her employers.

For More Information

Missouri Professional Licensing Attorney Danielle Sanger has earned her reputation as a zealous advocate for professional licensees in Missouri. Attorney Sanger has dedicated her career to representing professionals who are facing licensing discipline. Her vast experience and dedication to her clients separates her from other attorneys. Call Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation and learn how Attorney Sanger can make the difference for you.

Why You Should have a Lawyer if you are Facing Professional Discipline

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Kansas and Missouri professional licensing attorney Danielle Sanger is a dedicated and zealous advocate for professional licensees.  Attorney Sanger recommends, based on her vast experience representing hundreds of clients before various disciplinary Boards in both Kansas and Missouri, that you hire experienced, competent, and skilled representation if you learn that you might be the subject of a disciplinary investigation. There is too much on the line for you, your professional life, and your family to risk confronting disciplinary boards on your own. This advice is not intended as an insult to your intelligence. Quite the contrary, your status as a professional licensee demonstrates your level of intelligence and dedication to the study of your particular discipline. However, representing yourself in a legal matter is very difficult. Even lawyers hire lawyers to represent themselves when they encounter legal trouble. Therefore, it is in your best interest to seek representation to help you protect your livelihood.

What Can Happen If You Do Not Hire An Attorney?

Licensing boards have an interest in making sure that their licensees comply with the law as well as the regulations of the profession. Licensing boards exist for one reason: to protect the public. Licensing authorities in both Kansas and Missouri take their responsibilities seriously and will issue orders that are in the interest of public safety.

The outcome of your investigation will depend upon numerous factors. The primary factor relates to the nature of the infraction and the seriousness thereof. Disciplinary boards enjoy wide discretion when imposing professional discipline. The licensee’s history of ethical violations will have an impact on the severity of the sanction. Multiple offenses will not be taken lightly by any licensing authority. Consequently, the severity of the penalty can increase with every violation.

The more severe rules violations may cause the licensing authority to impose the most severe sanction available to it: revocation of the professional license. You could be the beneficiary the lesser sanctions depending on the nature of the allegations and your history of prior discipline. A licensing authority enjoys the discretion to suspend a license, place a licensee on probation for a period of time, subject to the satisfactory completion of conditions.  Alternatively, licensing boards may issue public censures, private reprimands, and may order the licensee to pay fines.

What Can Happen If You Have Legal Representation?

The same sanctions can be imposed. The potential consequences do not change merely because you sought representation. However, having counsel provides you with an advantage over those who choose to represent themselves. A lawyer can negotiate a less severe sanction for you that allow you to keep your license so you can continue to work and support yourself and your family.

Additionally, a competent professional licensing attorney understands the range of possible sanctions after researching previous disciplinary decisions the board has made.  Your lawyer can advise you on the board’s decisions and argue that previous precedent should apply or not. Sometimes the better argument is to distinguish your situation from all others.

Your professional licensing attorney can help you contest the accusations. You have a right to a fair and impartial hearing, the right to confront witnesses, and the right to produce witnesses to testify for you. Your attorney can prepare a case that could exonerate you, if not at the hearing level, then in court after an appeal for review.

Attorney Danielle Sanger: Aggressive Advocate For Professional Licensees

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger has earned the reputation for vigorously defending professional licensees. She understands the impact a mistake can make in your professional life. Attorney Sanger will defend you and fight for you and your family. Call Attorney Sanger today at 785-979-4353 to schedule a meeting with a professional licensing attorney.

 

Missouri Professional Licensing Attorney Discusses Registration With The Bureau Of Narcotics And Dangerous Drugs

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Any business or other entity who deals in or with controlled substances in Missouri must register with the Bureau of Narcotics and Dangerous Drugs (“the Bureau”). It is important for medical practitioners, pharmacists, nurses, and other health care providers and their employers to understand the importance of maintaining good standing with the Bureau and the consequences of violating the rules and regulations promulgated by the Bureau. If you are a medical practitioner, pharmacist, or another registrant of the Bureau and you face professional discipline, professional licensing attorney Danielle Sanger could help. Attorney Sanger possesses vast experience successfully representing professional licensees who are facing professional discipline.

Who Must Register With the Bureau?

In Missouri, a person, business, or other entity who wishes to deal with controlled substances must register with the Bureau. The rule is broad. It encompasses any individual or company that purchases, stocks, prescribes, or administers controlled substances. Additionally, any person, business, or entity that desires to conduct research with controlled substances must file a certificate of registration with the Bureau.

What Is The Bureau’s Authority And Jurisdiction?

The Bureau’s authority extends to controlled substances exclusively. Other drugs do not fall within the purview of the Bureau. Specifically, the Bureau is concerned with the safety, security, and record keeping required by Missouri law. Additionally, the Bureau does not have any authority to investigate practice related matters such as under-prescribing and over-prescribing of controlled substances by medical providers. The Bureau, if it receives complaints related to practice issues, will refer the complaints to the appropriate licensing authority governing the issue.

What Is The Bureau’s Authority To Inspect Records and Substances?

Prescriptions, orders, and records which Missouri law obligates a practitioner or dispenser to maintain may be examined. Stocks of the controlled substances are also subject to inspection. The records, orders, and prescriptions, as well as the stocks, may be investigated by federal, state, county, and municipal law enforcement officers provided that the inspecting law enforcement officer has the duty to enforce the narcotics laws of Missouri or the United States. The record holder will enjoy civil immunity if the record holder turns over documents pursuant to a lawful request. It is important to note that the inspecting officers have a duty to adhere to the rules governing confidentiality to which practitioners are subject.

What Are The Most Common Violations Registrants Commit?

Errors and omissions in record keeping are reportedly the most common violations committed by registrants of the Bureau. Records violations include the failure to conduct annual inventories properly, failing to retain records for the appropriate length of time, and failing to document dispensing logs. Major violations include falsifying records or destroying records.

The Bureau is also concerned with safety violations. Controlled substance safety violations endanger the public. Safety violations include failing to provide security for controlled substances, stealing drugs, self-administering drugs, having custody over controlled substances while impaired, and issuing prescriptions in bad faith.

What Are The Range Of Penalties For Violations?

Penalties for which the Bureau has the authority to issue range from non-public actions to public actions. The penalty is largely dependant upon the severity of the infraction and the registrant’s history of previous transgressions. Non-public actions include a written letter of reprimand or a letter of censure. Public actions include denial of an application to register, a probationary term with conditions, suspension, or revocation of registration.

Violations Of The Bureau’s Regulations Could Have Collateral Consequences

Missouri professional licensing attorney Danielle Sanger has dedicated her career to representing professional licensees. She understands that professional discipline could have an adverse affect on your career as well as your home life. Contact Attorney Sanger today at 785-979-4353 to schedule a consultation.

Missouri Nursing Discipline Explained

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Kansas and Missouri professional licensing attorney Danielle Sanger has tremendous experience in her legal career representing nurses facing professional discipline. Attorney Sanger understands that nurses play an invaluable role in our healthcare.  Rather, they are the liaison between patient and physician. Not only do they assist doctors with monitoring patients, taking vital signs, and delivering medication, nurses also provide emotion support for patients. In that regard, nurses are more than assistants to physicians. A well-trained and caring nurse can help ease the emotional pain, uncertainty, and discomfort of a patient, and the patient’s family. Nurses seem to know innately when a smile can put a patient at ease or a reassuring touch will ultimately disarm a patient.

Despite all of the benefit nurses provide to their patients, it must be understood that nurses are fallible human beings like the rest of us. Nurses can become overwhelmed by stress. They are just as likely as anyone else to mistakes, oversights, misinterpretation, and other failures like substance abuse even if they are the most vigilant, scrupulous, attentive, and professional nurse. Simply put, things happen.

Nurses who fall on hard times should take care of not allowing a bad day spin or couple of days spin out of control. A lot can happen in a short time frame. It is important that you maintain perspective. Nurses owe a duty to their patients to give them the best care possible. Any failure to meet that standard could result in professional discipline. Consequently, if your personal or professional life is taking its toll on your performance, you must seek assistance. Talk with your nursing manager, human resources department, or head physician and discuss with those stakeholders the issues with which you face. Speak with resources provided by the nursing board. There is no need to go it alone.

The Missouri Board of Nursing (“the Board”) can take disciplinary action on your license if you violate the Missouri Nursing Act. The Act permits the Board to initiate disciplinary action if a nurse:

  • abuses substances, alcohol, or both to the extent that their ability to perform the tasks attendant to nursing is compromised;
  • perpetrates a fraud or deceit upon a patient or the public at large;
  • is convicted of a crime or pleads nolo contendre that calls into question the nurse’s ability to perform the job functions, is a crime of moral turpitude or is a crime of deceit; and
  • Is grossly incompetent or repeatedly negligent.

These are the most common infractions committed by nurses. The Act contains additional grounds for discipline.

The Board has the discretion to mete a punishment for a violation of the Act. The Board can consider the nature of the allegations, the nurse’s record of professional discipline, the severity of the infraction, and any other factor the Board deems to be relevant.

The Board has available to it four categories of disciplinary action. They are censure, probation, suspension, and revocation. Censure is the least severe punishment. Censure is a public reprimand that the Board retains in your personnel file as a record of discipline. Censure serves as a reminder to correct the action the Board ruled violated the Act. The Board may place a nurse on probation for a period. A nurse can practice but is subject to conditions on the license for a specified length of time. Suspension and revocation are the most serious punishments. A suspension cannot last longer than three years. However, revocation may be permanent. A nurse is permitted to reapply for reinstatement after one year after a nursing license was revoked.

Aggressive Representation To Protect Your Nursing License

Nursing is more than a job; it is a calling. Missouri Professional Licensing Attorney Danielle Sanger understands the sacrifices as a nurse makes. She will vigorously advocate for you if you face professional discipline or are under investigation. Call Attorney Danielle Sanger today at 785-979-4353 to schedule an appointment.

Missouri Professional Licensing Attorney Addresses Code Of Conduct For Architects And Similar Professions

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The Missouri Board of Architects, Professional Engineers, Land Surveyors, and Professional Landscape Architects (the Board) is the licensing authority for those practicing in these professions. The Board must ensure that licensees are qualified to practice these professions and follow the rules of professional conduct regulating them. Thus, the Board performs a vital function for the residents of Missouri be ensuring that people who practice architecture, professional engineering, land surveying, and professional landscape architecture possess the requisite skill and workmanship ethically. Missouri professional licensing attorney Danielle Sanger is a skilled and experienced advocate for professional licensees in Missouri.

The Missouri state regulations governing architects, professional engineers, land surveyors, and professional landscape architects require the practitioners of each profession to be familiar with and understand the rules of conduct. The rules of professional conduct for architects, professional engineers, land surveyors, and professional landscape architects are substantially similar to the rules of professional conduct governing professions like healthcare professionals such as doctors and nurses, with exceptions for rules that were explicitly passed for each occupation. The Board is the sole enforcement authority for the rules. The Board will file a complaint with the Missouri Administrative Hearings Commission if it has sufficient evidence that a member violated a rule of conduct.

The foundation for the standards of professional conduct is the protection of the public. In the case of these professions, the public must be protected from shoddy work when licensees are designing buildings, public works projects, designating boundaries of land, and preserving the integrity of the land upon which buildings are situated. Therefore, the priority of the Board and the rules that it enforces is to make certain that every licensee must act with “reasonable care and competence.” Additionally, each licensee must “apply the technical knowledge and skill which are ordinarily applied by architects, professional engineers, land surveyors, and professional landscape architects.” The rules or regulations do not endeavor to delineate what is meant by phrases such as “reasonable care” and “ordinarily applied.”

Licensees monitored by the Board have every right to earn a living and receive remuneration for their work. However, in further protecting the public, architects, professional engineers, land surveyors, and professional landscape architects must refuse to engage in any self-dealing. Self-dealing has a broader application than financial interests. Self-dealing could mean anything which involves a licensee compromising his or her professional standards for which a personal advantage may be gained. Furthermore, no licensee may take any monetary compensation or other compensation for referring another professional’s services. Licensees must not offer financial awards or other valuable compensation in an attempt to obtain employment.

Licensees have an obligation to use their best professional judgment. Consequently, anytime the licensee’s judgment is questioned the licensee must notify their employer immediately if the public welfare of safety is compromised. A necessary component a licensee using his or her best judgment involves practicing within their area of expertise and technical knowledge consistent with the training and education they have received.

Licensees must also protect the integrity of their profession. Therefore, they must not attempt to injure other licensees’ professional reputations. Additionally, licensees must maintain all confidences about which they learn while performing the duties for which they are contracted. Licensees must cooperate with Board investigations if they are being investigated or are questioned during an inquiry into another licensee’s conduct.

Call For Help Today If You Are Facing Professional Discipline

Missouri Professional Licensing Attorney Danielle Sanger aggressively defends professional licensees facing disciplinary action. Contact Attorney Sanger immediately if a licensing authority has commenced an investigation into your professional conduct. Call 785-979-4353 to schedule a consultation today to learn how experience coupled with aggressive defense can make the difference for you.