As COVID-19 runs through the United States, it is presenting a number of complicated issues for the government and the public. One of the biggest problems has been caused by a shortage of healthcare workers and essential professionals. Headlines are now coming out from states around the nation, explaining emergency laws being enacted in order to loosen the licensing guidelines for medical workers. For instance, traveling nurses will likely be able to start working in other states with fewer delays than they have ever seen in the past.*

Licensing procedures take time, but in an emergency such as the current one, there is not enough time to work through the normal channels. As a response, many states are loosening licensing laws to allow more professionals to be engaged in the battle against the virus.

State Reciprocity

One way that some states are working to fill the void of professional is by allowing medical professionals to work in states outside of where they are licensed. This means that nurse practitioners and nurses aids, among other workers, will be able to cross state lines to help in the hardest-hit locations. For instance, Washington, which was one of the first states to be struck by the virus, has activated emergency volunteer health practitioners and is allowing nurses from other states to volunteer without an in-state license. All these practitioners will require is proof of their own good standing in another state.

Nurse Practitioners Expanded Operations

Some states are making changes that will allow nurse practitioners to practice without a doctor present. Nurse practitioners who considered “advanced,” which means they have some graduate course experience and a minimum of 3,000 hours of experience working under a physician’s supervision, will be eligible to work under these looser guidelines.

Another approach to the crisis is the issuance of “emergency” licenses. These temporary and expedited licenses may apply even in states that are not a party to the eNLC. These states are trying to make it easier for these professionals to become active, at least for a limited time.

New York and Colorado are looking at ways to bring former healthcare workers back into the practice. In New York, the governor is asking these professionals to “reconnect” with their former employers to find ways in which they may participate in the response if current workers are too overwhelmed to handle the number of patients made sick by the virus. Similar please were made by the governor in Colorado.

As the virus begins to impact additional states, it is likely that more accommodations will be made to expedite licenses around the nation.

Missouri Response

Missouri legislators proposed a bill titled HB 2046, which would permit healthcare professionals who have out of state licenses to move to the state through a reciprocity program. The professionals would be required to have held a license for a minimum of one year, and be in good standing in order to qualify.

The national health crisis has highlighted the incredible importance of healthcare workers. States are now paving the way to get more professionals where they are needed.

Professional licensing practices can be complicated and challenging to navigate. Professionals also sometimes face challenges to their licenses that can put their careers and livelihoods in jeopardy.  If you are trying to navigate the process for obtaining or reinstating a professional license in Missouri, or if you are facing disciplinary action that threatens your license, the Missouri Professional Licensing Defense Attorney at Sanger Law can guide you and protect your rights. Contact Sanger Law today at (785) 979-4353.

Anyone can file a complaint against a nurse. In some cases, families will blame medical professionals when something goes wrong with a loved one’s medical condition, or workplace disagreements can lead to bad blood between co-workers, and a nurse can learn that a complaint was filed regarding his or her conduct. When your profession is at risk, this can be a disheartening, stressful, and frightening occurrence. The complaint may also seem entirely unwarranted or unjust. Perhaps the nurse even knows who complained and the real reason that the individual is seeking to harm his or her profession.

Of course, every nurse who has a complaint filed against them should address these claims seriously and in a professional manner. It is important to hire an attorney to defend against the allegations, regardless of how ridiculous those claims may seem.

The board may see the complaint for what it is, and the nurse may be cleared from wrongdoing. However, in other cases, the complaint may remain on that person’s record. When it comes to professional reputations, complaints matter, potential employers may find the complaint, and without context, make a judgment call about the professional that is not warranted. The nurse who was complained about may find that they are immediately placed on the defensive, trying to explain away something when they were never in the wrong.

There are ways to Seal the Record

The Board has the power to seal the record, and therefore protect the professional from the unfair implications of the complaint. There are several reasons that the records may be sealed.

First, the Board may choose to seal a record because they have determined that the professional has not acted in violation of the Nursing Practices Act. If there was no violation, the Board might opt to seal the records as there is no reason to keep that information available.

In other cases, the board may not determine definitively that the nurse did not violate the Act but may find that there is not enough evidence to substantiate the claim made against the professional. In this instance, the accusations cannot be proven, and the Board can seal the records.

There are other cases that are more complicated, though. In these instances, the Board may make a disciplinary decision that the nurse believes is incorrect or unfair. The nurse has the right to appeal to the Missouri Court System, and the court can override the decision made by the Board. The judge is responsible for determining the outcome in these cases.

What Happens Once the Record is Sealed?

If the record becomes sealed in any of the above ways, then the nurse can effectively move forward without the complaint haunting his or her career. The effect of sealing will make it as though the complaint had never been filed in the first place. No public records containing the complaint will be maintained.

For these nurses, it is appropriate to answer “no” when they are questioned as to whether they have ever had a complaint filed against them. When a possible new job opportunity presents itself, the employer will not come across that troublesome complaint.

If you are facing disciplinary actions against your professional license, there are ways to fight the allegations and protect your profession, and your reputation. Your livelihood is important, and anything that threatens it should be addressed head-on.

Contact the Missouri Professional Licensing Defense Attorney at Sanger Law at (785) 979-4353 to find out how we can help.

You have a right as a party aggrieved by a decision rendered by the Missouri Administrative Hearings Commission, or AHC, to a judge sitting in a Missouri Circuit Court. Appealing to a judge is not done automatically. You must preserve your right to appeal, and you will lose out entirely if you fail to take all necessary actions to protect your appellate rights. Appealing the decision from the AHC to a judge in the Circuit Court is a highly technical procedure replete with potential pitfalls. Consequently, it is vital to the success of your claim, practicing your chosen profession or occupation to protect your right of appeal, and the preservation of your way of life to align yourself with a highly motivated, well-respected, and knowledgeable Missouri professional licensing attorney or you could lose out on your only opportunity to have a judge rule on your professional licensing appeal.

Appeals to a judge from the AHC are governed by statute. Missouri Revisor of Statutes or RSMo for short, sections 536.100 to 536.160 delineate the procedural and substantive rights afforded to a person who wishes to appeal an adverse decision of the AHC to a judge sitting in the Circuit Court. The statute confers jurisdiction of all AHC appeals in the Circuit Courts of Missouri. The statute requires the person appealing the decision of the AHC to the Circuit Court to file a complaint in the court within 30 days from the mailing by the agency to the appellant of the final order. Missing that deadline will terminate the appellant’s ability to have his or her case decided by a judge.

As with any administrative ruling, the licensee must exhaust all of his or her opportunities to obtain the requested relief before the AHC. Failing to exhaust all available avenues of administrative review is grounds for a dismissal of the appeal to a judge. The licensee need not ask for a rehearing or reconsideration of the AHC’s final decision before appealing to a Circuit Court judge unless the specific circumstances of the case warrant such a motion.

The venue of the appeal is an important consideration for a licensee who wants to appeal the AHC’s decision to a judge. All appeals from an adverse decision rendered by the AHC must be heard in Circuit Court. The presumptive venue for AHC appeals is the Cole County Circuit Court. However, a licensee can file an appeal in any Circuit Court sitting in the county in which the licensee resides. The licensee has the option of opting to file in the Cole County Circuit Court or in the Circuit Court of the county in which the licensee resides.

Understanding what a judge has the authority to review and decide on appeal is helpful. The judge does not hear the entire case all over again. The judge receives a copy of the proceedings that transpired before the AHC, called the “record.” The judge next analyzes the record, bearing in mind the judge has limited scope for review. The judge will examine the record for any failures of the AHC’s decision and procedure employed during the hearing for abuse of discretion, arbitrary and capricious rulings, the findings are unsupported by the facts established by the record, unconstitutional action by the AHC, the AHC exceeded its statutory authority, or the entire process was unfair to the appellant.

Missouri law leaves a slight window open for a judge to hear the entire case again, which is called de novo review. The judge has the authority to hear an AHC appeal de novo only when the appeal centers around the AHC’s application of the law to the facts of the case. The judge does not have the authority to conduct additional fact-finding.

Any person aggrieved by a Circuit Court judge’s decision has the same appellate rights as any civil litigant in Missouri.

Complicated Rules Require Expert-Level Representation

Missouri Professional Licensing Defense Attorney Danielle Sanger is ready to protect your rights if you are facing professional discipline in Missouri. Call Attorney Sanger today at 785-979-4353 to rely upon for expert legal advice.

The Occupational Safety and Health Administration (OSHA) promulgated guidelines for safety in clinical offices. OSHA operates on the simple premise that employers have an obligation to provide their employees with a safe work environment. Issues about workplace safety can arise during the course of treatment of a patient. It is important to recognize the potential occupational pitfalls a doctor, dentist, or another clinician must avoid maintaining the safety of their employees and patients as well. You could face professional licensing discipline if you fail to satisfy OSHA’s standards for clinical practice if the violation compromises patient safety. Kansas and Missouri professional licensing attorney Danielle Sanger zealously advocates for healthcare professionals and other professional licensees facing professional discipline.

While compliance with OSHA regulations appears on its face to be onerous, the regulations purport to provide a valuable service for healthcare practitioners. Following OSHA guidelines permits employers to prevent workplace injuries and illnesses. Doing so keeps overhead down while promoting quality patient care by maintaining continuity of employees. Reducing workplace injuries and illness enhances employee morale because employees know that their employer wants them to be physically safe in their work environment.  Every employee is owed the right to work in a safe environment. That means the temporary medical assistant to the longest tenured physician enjoys the right to a safe work environment.

OSHA recommends establishing an office or clinic protocols that employers and employees must follow to ensure a safe work environment. OSHA’s regulations apply to every employer, no matter the number. There are no exceptions. To maintain a safe workplace, OSHA recommends:

• establishing office protocols, policies, and procedures that comply with OSHA regulations;
• identifying safety hazards such as biohazards, radiation hazards, chemical, physical, ergonomic, and psychological hazards as well;
• taking steps to protect workers from infection from various sources;
• being certain to store medicines securely and protect workers from medical waste contamination;
• hanging required OSHA posters and required notices, and
• providing training to employees regarding clinical safety measures.

OSHA requires employers to make sure labels are appropriately affixed when necessary. Additionally, fire exits must be designated and map provided to the nearest exit. Furthermore, steps must be taken to protect staff members from radiation exposure from X-ray machines, MRI’s, and CT-scan machines.

One issue clinicians must not overlook is the electrical requirements OSHA promulgated. OSHA has strict guidelines for electrical safety. If the office uses gasses, for instance, “laughing gas” in a dentist’s office, then the office must contain the necessary wiring to prevent fire and explosions.

Employers should not take these requirements lightly. Following OSHA’s mandates can save money in the long run. OSHA recommends that employers communicate with their subordinates a desire to have a safe workplace. Additionally, employers should establish clear goals and objectives. The goals should be measurable, realistic, and attainable. One way to accomplish that mission is to assign tasks to particular employees and put them in charge of a particular aspect of the clinic’s safety plan. Employers should allow time for employees to familiarize themselves with the safety plans issued by the clinic. Not allowing the necessary time for employees to become familiar with the safety requirements of their office will be counterproductive and provide a disincentive for employees to follow the safety protocols of the medical office. Finally, the employer should demand compliance with the safety programs define by their employer.

Professional Licensing Attorney Available To Assist

Kansas and Missouri Professional Licensing Defense Attorney Danielle Sanger is an aggressive advocate for the professional licensee. If you are facing the prospect of losing your professional license, call Attorney Sanger today at 785-979-4353 to schedule an appointment.