Not everyone can earn a Kansas Nurse Practitioner's license. This achievement is the result of tremendous drive and determination, on top of years of rigorous study and hard work. Your license is the key to your career, and if it is ever in jeopardy, you must fight to preserve it. If a patient, another healthcare practitioner, or a member of the public files a complaint, the state of Kansas may investigate and begin a disciplinary case against you. In Kansas, disciplinary action can lead to a loss of licensure, so you need to defend yourself and protect your rights. You must act, even if an allegation seems baseless. Take all accusations seriously because your license may be on the line. The best thing to do is to stand up for yourself with the help of a skilled and knowledgeable law firm.
If someone has filed a complaint about you, or you think they might, the Lento Law Firm's Professional License Defense Team can help. The Lento Law Firm and its team have nationwide experience helping nurses, doctors, and other licensed professionals who face disciplinary action. You will be able to discuss your situation with an insightful and perceptive attorney who will explain what can happen as your case moves through the Kansas disciplinary process. The attorney will answer your questions, go over your options, and aim for the most advantageous outcome. The Lento Law Firm has the tools you need to defend your NP license, regardless of your location in Kansas or any other state. From Derby to Garden City to Kansas City to Wichita, the Lento Law Firm is ready to assist you. Set up a consultation with us by calling 888-535-3686 or reach out by using this online form.
The Nurse Practitioner Licensing Process in Kansas
The Kansas Board of Nursing regulates the practice of nursing within the state and handles the licensing process. The board issues licenses for four types of Advanced Practice Registered Nurses. APRNs include clinical nurse specialists, nurse anesthetists, nurse-midwives, and nurse practitioners. In addition, Kansas is a member of the Nurse Licensure Compact, so nurses who hold a license from another state can practice within the state.
To obtain an NP's license an individual must hold an RN's license andfulfill certain graduate-level educational requirements. An individual must also hold APRN certification from a Kansas-approved national certifying organization such as the American Academy of Nurse Practitioners Certification Board. The individual must also file an application with the state. An individual must designate their APRN specialty as an NP on the application and provide proof that they hold malpractice insurance. An applicant can also state whether they desire a one-time temporary permit while their application is pending. Kansas allows an applicant to practice as an APRN for up to 180 days under a temporary permit. The board has the discretion to grant a temporary permit, but it does not guarantee NP licensure. The board may deny issuance of a temporary permit if an applicant does not have a Social Security number or has a criminal history. The board may also deny the permit if an individual has been under investigation or has a history of disciplinary action in Kansas, another state, a U.S. territory, or another country.
An applicant for an APRN license must disclose whether they have been convicted of, or have a pending charge for, a misdemeanor or felony. If an applicant has a conviction or a pending criminal case, they must attach court records and an explanatory statement. An individual must also reveal whether they have any physical or mental problems or disabilities or issues with drugs or alcohol, which could affect their ability to safely practice nursing. If so, the individual must attach a physician's release and an explanation. The application also asks whether the applicant has ever had a nursing license denied, revoked, limited, suspended, or censured. Further, an individual must state whether they have ever been subject to disciplinary action and whether they are currently under investigation or have a pending disciplinary case. Anyone with a licensing or disciplinary issue must provide an explanation. In addition, Kansas requires applicants to submit a set of fingerprints and undergo a criminal background check.
Once licensed, an NP must renew their license every two years and provide the board with proof that they have completed continuing education classes. An NP must also show that they still maintain malpractice insurance.
Standards of Practice for Nurse Practitioners in Kansas
Since Kansas intends to protect the public, the state permits a licensed NP to do the following:
- Prescribe durable medical equipment;
- Prescribe, obtain, and administer any drug consistent with the licensee's specific role and practice focus, except for any drug intended to result in an abortion; and
- Prescribe, obtain, or administer any controlled substance in accordance with Kansas law. To prescribe controlled substances, an NP must first register with the federal Drug Enforcement Administration.
Kansas prohibits an unlicensed individual from practicing as an APRN and from using any title or abbreviation to indicate they are an APRN. The state also holds that it is a misdemeanor if anyone:
- Practices as an APRN unless duly licensed or practices while their license is expired, suspended, or revoked;
- Sells, fraudulently obtains, or furnishes any nursing diploma or license;
- Uses, in connection with their name, any designation implying that they are a licensed APRN unless so licensed or
- Violates Kansas nursing law.
Kansas will not issue an NP license to an individual with a felony conviction for certain offenses. These offenses include, for example:
- Aggravated Assault;
- Aggravated Battery;
- Assisting suicide;
- Blackmail;
- Distribution of a controlled substance causing death or great bodily harm;
- Domestic battery;
- Exposing another to a life-threatening communicable disease;
- Interference with parental custody;
- Kidnapping;
- Manslaughter;
- Mistreatment of a confined person, dependent adult, or elderly person;
- Murder;
- Stalking; and
- Unlawful administration of a controlled substance.
Kansas will also deny an NP license to anyone convicted of the following misdemeanor offenses:
- Allowing a dangerous animal to be at large;
- Unlawful disclosure of tax information; and
- Unlawful interference with a firefighter or emergency medical service provider.
Discipline of Nurse Practitioners in Kansas
If an NP's actions place a patient or public safety at risk, the board can institute disciplinary action. This action can consist of public or private censure, which is a reprimand, or an order directing the NP to take extra continuing education classes. The board may also deny, revoke, limit, or suspend a license. In addition, the board can also impose a fine on an NP. The board may take any of these actions against an NP or license applicant if, after a hearing, the individual:
- Is guilty of fraud or deceit in the practice of nursing or in procuring or attempting to procure a nursing license;
- Is guilty of a felony or misdemeanor involving an illegal drug offense;
- Has been convicted of a misdemeanor offense related to nursing;
- Has committed an act of professional incompetency;
- Is unable to practice with safety and skill due to current abuse of alcohol or drugs;
- Needs a guardian or conservator;
- Is guilty of unprofessional conduct;
- Has willfully or repeatedly violated Kansas nursing law;
- Has had a license to practice as a registered nurse or practical nurse denied, revoked, limited, suspended, or censured by another state, federal agency, U.S. territory, or another country; or
- Has assisted a suicide.
As stated above, the board can institute disciplinary action against an NP for professional incompetency. Kansas defines professional incompetency as:
- One or more instances involving the failure to follow the applicable standard of care to a degree that constitutes gross negligence;
- Repeated instances involving the failure to follow the applicable standard of care to a degree that constitutes ordinary negligence or
- A pattern of practice or other behavior that shows an incapacity or incompetence to practice nursing.
- In addition, as stated above, the board can institute disciplinary action against an NP for unprofessional conduct, which includes, for example:
- Diverting drugs, supplies, or property;
- Inaccurately recording, falsifying, or altering records;
- Misappropriating a patient's property or taking unfair advantage of a patient's physical or financial resources;
- Performing acts beyond the authorized scope of one's license;
- Physical abuse;
- Sexual abuse, sexual misconduct, or sexual exploitation;
- Verbal abuse; and
- Violating patient confidentiality.
Complaints against Nurse Practitioners in Kansas
The disciplinary process begins when someone files a complaint about an NP with the board. Another healthcare practitioner can file, as well as employers, patients, and members of the public. Filers must give their names and contact information. When the board receives a complaint, it will generally keep the name of the NP confidential, and the public will not know about the filing. The board will review the allegations and investigate. The investigators will check medical and personnel records and interview witnesses. Investigators will also interview the NP who is facing the accusations. If you are the subject of a complaint or are concerned about becoming one, it is wise to contact an attorney immediately. The Lento Law Firm and its Professional License Defense Team will protect your rights during all phases of the disciplinary process, from start to finish.
An investigation will take several months to complete. When it is finished, the board will decide what to do. The board may not do anything, or it may determine that disciplinary action against the NP's license is warranted. In this event, either the NP or the state can request a hearing. The board also has the option to refer an NP to an alcohol or drug program, place the individual on probation, or order the NP to take specific continuing education classes. The board will notify the NP of its decision. The NP also has the option of entering into talks with the board and negotiating a settlement.
If the matter moves to the hearing stage, the proceeding will be before an administrative body rather than in the civil court system. But that does not make the matter any less serious. In most situations, a panel of board members or a board hearing officer will preside over the hearing. The board will notify the NP of the time and place for the hearing, which will be open to the public. Kansas will have an attorney representing its interests at the hearing, and the NP should have their own attorney as well. Do not try to handle a hearing on your own because there is no substitute for experience. The Lento Law Firm knows what to do when it comes to professional license defense for NPs in Kansas. Both sides will be able to present their cases at the hearing, meaning both the state and the NP can offer evidence and testimony from witnesses. When the hearing is over, the panel or hearing officer will issue an order containing findings of fact and conclusions of law.
An NP who disagrees with the order can ask the board to review the decision. The board may refuse to review the order, affirm it, or issue another decision. An NP can then appeal to the District Court, which moves the matter into the civil court system. There are strict timelines and rules that must be followed when an NP wants an order reviewed by either the board or the court. That's why it is important to have an attorney from the Lento Law Firm represent you so all rules are followed.
Lastly, Kansas allows members of the public to use the Nursys QuickConfirm database to see if an NP is licensed or has a disciplinary history in the state. The public can also search for an NP's licensing information on the board's website. Disciplinary action is public, so do not try to solve any problems with the board on your own. There is too much to lose. Instead, have a competent and proficient attorney from the Lento Law Firm guide you through the process.
Retain the Lento Law Firm to Protect Your Kansas Nurse Practitioner's License
Sometimes, things don't go according to plan, and you find yourself facing accusations that could derail your career as an NP. Don't sit back and hope that a problem will disappear. Instead, be proactive and tackle it head on with the help of the Lento Law Firm's Professional License Defense Team. The firm's attorneys have been up against disciplinary boards before, and they know what to expect and how to handle every situation. The Lento Law Firm can help no matter where you are in the country. The firm can assist you in Lawrence, Salina, Topeka, or any other Kansas municipality. Call us at 888-535-3686 to start protecting your license, or use this online form to get in touch with us.
