Three Tips for Successfully Navigating Professional Licensing Proceedings in Kansas

If your health care-related professional license is in jeopardy, professional licensing attorneys with experience and expertise in handling litigation against regulatory or licensing entities can provide the most effective way to safeguard your future.  The byzantine matrix of professional disciplinary proceedings requires intimate knowledge of the agency/board’s composition, steps and procedures in the administrative process, policies and rules adopted by the disciplinary board, and a familiarity with agency staff.  Kansas Professional Licensing Lawyer Danielle Sanger negotiates and litigates disciplinary proceedings before the full range of health care licensing boards and agencies, including but not limited to the following:

  • Kansas Board of Healing Arts: Physicians, chiropractors, physician’s assistants
  • Kansas Behavioral Sciences Regulatory Board: Mental health professionals
  • Kansas Nursing Board: Nurses

Given her experience representing medical professionals, Ms. Sanger has provided three tips about successfully navigating Kansas disciplinary proceedings involving health care professionals:

Seek Legal Representation Early: Many health care professionals like nurses and physicians wait until they are facing a formal disciplinary hearing to retain legal counsel.  Although the presence of a professional licensing litigation attorney at formal hearings is vital to protect your legal rights, cross-examine adverse witnesses, and present exculpatory evidence, defense of your professional license should begin much earlier.  The best strategy for protecting your license is to retain counsel during the pre-charge investigation phase of your case.  If Ms. Sanger is retained as soon as you are notified of an investigation into your conduct or practice, she may have the opportunity to intervene to protect your right to a thorough and fair investigation.  Early intervention can mean that allegations are dismissed as unsubstantiated without the commencement of formal disciplinary proceedings.  This approach also provides the advantage of permitting you to be an active and cooperative participant in the investigation without the risk of making an ill-advised disclosure.  This approach generally also results in a more cost-effective resolution than litigation of marginal charges.

Do Not Assume the Regulatory Board Cares about Your Rights: The entity or prosecutor that pursues a case against you at the hearing stage is not interested in your rights or the truth of the allegations.  If the case is set to be litigated at a formal hearing, the regulatory body will submit witness testimony, legal arguments, and documents designed to prove the charges.  If you are not represented by counsel, you will not have anyone to advocate on your behalf to ensure that the arguments and evidence considered is appropriate or to expose weaknesses in the case against you.  Admittedly, an unbiased hearing officer or panel will evaluate the evidence, but the decision will be based solely on the evidence presented.  The regulatory body or licensing entity has no incentive to worry about your rights or to ensure the hearing officer/panel sees your perspective.  Ms. Sanger challenges the regulatory board’s evidence and presents a strong case on behalf of her clients.

Take Advantage of the Attorney-Client Privilege: A common mistake made by professionals involves failing to exercise candor with their attorney.  Although certain facts might be embarrassing or damaging, the attorney-client privilege protects you from having past mistakes or misconduct disclosed by your attorney without your consent subject to narrow exceptions.  If you are honest with your attorney, you put your attorney in a better position to mitigate the impact of damaging facts.

If you are a healthcare professional who has been informed that you are the subject of a disciplinary investigation or charges, Kansas Professional Licensing Defense Attorney Danielle Sanger represents physicians, psychiatrists, doctors, nurses and others in the medical field in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.