The Lento Law Firm Professional License Defense Team Can Help Protect Your Kansas CNA License
Certified nurse aides (CNAs) play a huge part in the medical field, offering priceless help that enables excellent patient care. This is especially true for CNAs that work in nursing homes and long-term residential facilities. The state of Kansas' goal is to make sure that patients, hospitals, and staff all feel safe and protected from harm. To ensure they are providing that level of well-being, Kansas specifies which rules and professional responsibilities CNAs must abide by to keep their licenses in good standing. If someone accuses a CNA of violating one of the rules, Kansas will work to resolve the issue, which could include a punishment or license restriction.
When you are accused of violating Kansas' professional responsibility rules, or other regulations, it is normal to feel overwhelmed. The best thing you can do is to reach out to an attorney-advisor the moment you learn of the complaint against you. This will help you mitigate any unnecessary punishments the state might try to impose on you. And remember, even the slightest or smallest punishment can greatly affect your livelihood. The Lento Law Firm Professional License Defense Team has helped countless CNAs across the country to successfully navigate disciplinary proceedings. The most important aspect of your defense is persuading the Department of Health to believe you did not engage in the alleged misconduct. To do this, you will need to present a strong defense. The Lento Law Firm can help. Call today at 888-535-3686.
Kansas Department of Health License Proceedings
The Kansas Department for Aging and Disability Services (DADS) is in charge of overseeing the licensing and discipline of Kansas CNAs. Because CNAs tend to care for the elderly and disabled individuals who can't care for themselves, the Department is committed to protecting their patients from any kind of harm. When a complaint is made about a CNA, the Department is keen to investigate and resolve the issue quickly. For example, if a CNA is accused of mistreating a patient, the Department will investigate, and if they determine that the CNA did, in fact, mistreat the patient, they could impose a restriction or suspension on the CNA's license. Additionally, they could decide, depending on how egregious the incident was, to revoke the CNA's license completely. Having your license restricted or lost in any way will have a huge effect on your life. Not only will you be blocked from working in your profession, forcing you to get a job in another profession, which will require further training, you could be forced to relocate.
The regulations that oversee CNA licenses in Kansas specify who can be employed in adult care homes or residential facilities and what behavior is appropriate in this role, including what education they must have. Unfortunately, these regulations are difficult to understand and can make it hard for CNAs to know what type of actions will result in disciplinary action. For instance, if a CNA is supposed to be monitoring a patient to prevent injury and accidentally drops the patient while helping them off the bed and onto their feet, they could be harshly punished and lose their license.
Other medical professionals have specific regulations they must abide by, which makes it easier to follow the rules. The rules that govern CNAs are vague and hard to decipher, giving rise to confusion and misunderstandings. Working with an attorney-advisor is the only way to ensure your due process rights are upheld and that you can properly defend yourself and your nursing license. The attorney-advisors at the Lento Law Firm have a number of skills and years of experience that will help you navigate these proceedings and craft a strong defense to prevent any unnecessary consequences from happening.
Types of Nursing Licenses in Kansas
The CNA license is just one of many medical professional licenses that are offered in Kansas. However, unlike other nursing licenses, the CNA is overseen by the Department of Aging and Disability Services - not the Board of Nursing.
For an individual to become a CNA in Kansas, they have to:
- Be 16 years old or older. If under 18, they must have written approval to join the training.
- Have a valid State ID and Social Security Number card.
- Have a current CPR/BLS Certification for Health Care Professionals.
- Test negative for Tuberculosis.
- Test negative for COVID-19 within 2 weeks of the course date or have a COVID-19 vaccination record card.
- Pay a $100 fee to hold their spot.
- Pass the Kansas State CNA Examination.
Once you finish your training and pass the CNA examination, you will be eligible to work as a CNA in Kansas. Additionally, CNAs must renew their certifications every two years. If a CNA allows their certification to become inactive, they must either have an RN at a long-term care facility or hospital give them a skills test, or the CNA can opt to take a 10-hour CNA refresher course. When a CNA fails to renew their license on time, they run the risk of it becoming inactive or even being punished for not maintaining the license appropriately, which can make it difficult to have it renewed at all.
It is important to remember that the requirements to become a CNA will differ slightly depending on the state. However, the one thing that binds all state licenses together is the reality that any type of complaint against your license can have disastrous consequences on your life and future. Not only will it prevent you from working in Kansas, but it could also prevent you from working in other states when they get wind of the issue. Having an attorney-advisor on your side, helping negotiate with the Department, and preparing you to defend yourself, is the only way to ensure you are able to protect your license.
Nursing License Compact for Kansas Certified Nurse Aides
In the early 2000s, the National Council of State Boards of Nursing (NCSBN) created the Nursing License Compact (NLC) to try and help nurses understand the rules and regulations surrounding their licenses. Then, in 2018, NLC evolved into the Enhanced Nursing License Compact (eNLC), which strove to help nurses truly understand the regulations and standards that governed their licenses. Once the compact was created, it allowed nurses to apply for a compact license, which allowed them to work in multiple states without having to pursue different licenses. The hope was that it would help nurses, patients, insurance, and hospitals spend less money on care while also helping nurses to better navigate license applications and renewals.
As of today, over 40 states and U.S. territories have become part of the compact. Despite this, there are still many states that criticize the eNLC, saying that it detracts from the revenue they could collect from single-state licenses and that it would impact the growth of telemedicine and telenursing. They also believe it would prevent them from being notified of, tracking, and adjudicating over disciplinary matters. To combat this issue, the NCSBN created Nursys. Nursys is an online database and notification system that notifies nurses of issues concerning their license - like when to renew it and how. The database also gives other organizations the ability to verify a nurse's license.
Sadly, CNA licenses are not covered by the NLC or the eNLC, nor are they included in Nursys, which means it is up to the state to notify CNAs of the specific regulations they have to follow to stay in good standing. In Kansas, CNA licenses need to be verified by using the Nurse Aide Registry.
Even though CNAs are not included in the nursing compact, if Kansas finds a CNA responsible for misconduct, it can still stop them from being certified in another state or from pursuing a higher-level medical professional degree or certification. For example, if a CNA is accused of abusing an elderly patient and then tries to apply for a Registered Nurse program, they probably won't be admitted once the program finds out about the accusations. An attorney-advisor will be able to review your case and craft a strategic defense to prevent you from being punished in every area of your life.
Lento Law Firm Professional License Defense Team Can Help Wherever You Are
At Lento Law Firm, our attorney-advisors are able to help medical professionals all around the country. As such, we are able to help CNAs working at any facility in Kansas, including:
- Ascension Via Christi Rehabilitation Hospital
- Kansas Rehabilitation Hospital
- Kansas Surgery & Recovery Center
- Wesley Rehabilitation Hospital
- Stormont Vail Health
- Citizens Medical Center
- Atchison Hospital
- A Marie Nursing Care
- Carrington House Central
- Agewise Living
- Alderbrook Village
- Silverado Overland Park
- Benton House of Olathe
- Brookside Retirement Community Living
- Colwich Gardens Assisted Living
- Avita Senior Living at Derby
- Dove Estates Memory Haven
- Home of the Flint Hills
- Arrowood Lane Residential Care
- Trustwell Living of Overland Park
- University of Kansas Hospital
- Advent Health Shawnee Mission
- Amberwell Health-Atchison
What Types of Allegations Can Put a Certified Nurse Aide License at Risk?
Under Kansas law, a CNA's license can be restricted, suspended, or revoked if the CNA is found responsible for misconduct, including:
- Being convicted of a crime, such as involuntary manslaughter, domestic battery, felony robbery, and unlawful voluntary sexual relations.
- Physically or emotionally abusing patients, their family members, or other employees of the facility.
- Sexually abusing patients, their family members, or other employees of the facility.
- Neglecting, abandoning, or otherwise mistreating a patient, their family, or other employees of the facility.
- Misappropriating property from the patient, their family members, or the facility and its employees.
Other examples of misconduct might include:
- Violating patient confidentiality.
- Assaulting a patient, their visitors, or hospital staff.
- Exploiting a patient, resident, their visitors, or hospital staff in some way.
- Working as a CNA without a valid Kansas certification.
- Practicing while under the influence of alcohol or drugs.
- Having a significant substance abuse problem that interferes with their ability to provide comprehensive care to their patients.
When the Department of Aging and Disability Services receives a complaint against a CNA, they will start the disciplinary process immediately. They may also move to have the CNA prohibited from working until the matter is resolved, believing it is in the interest of their patient's well-being. Unfortunately, if this happens, it will greatly impact the CNA's livelihood. An attorney-advisor will contact the Department on your behalf to seek permission for you to continue working during the course of the disciplinary process, alleviating some of your stress.
The Lento Law Firm Professional License Defense Team has helped CNAs all over the country. With their past involvement in CNA disciplinary actions, they have a profound understanding of the process. They will use that knowledge to help you combat the claims against you and help you navigate any criminal charges or civil actions that may arise. Contact our offices today.
Exemptions for Certified Nurse Aides in Kansas
There are times when providing care is necessary and when you cannot be held liable for your actions - or inactions. In Kansas, like almost every other state in the U.S., there is a Good Samaritan Law. Under this law, healthcare providers are protected from civil liability if damages occur while they are providing assistance in an emergency situation. It is also important to note that most Good Samaritan Laws are actually put in place to help anyone who opts to help - or not help - during an emergency. Kansas is one of a few states that focuses the law on healthcare providers rather than "anyone." Specifically, the law states that any healthcare provider who, in good faith –
(a) provides emergency care or assistance at the scene of an emergency or accident, or who
(b) gives emergency care or assistance during an emergency that happens in a hospital or elsewhere until the physician employed by the patient assumes responsibility for the patient cannot be pursued for civil damages.
The state goes on to clarify that the CNA can be held liable for civil damages and criminal charges if the alleged harm occurred because of the CNA's gross negligence, willful or wanton acts or omissions, or negligence while helping. Thus, if a CNA is accused of harming a patient during an emergency because of their negligence, gross negligence, or intentional and conscious disregard for the patient's safety, they will be required to defend themselves in a Department disciplinary procedure. If found responsible, their license may be restricted in some way, suspended, or revoked outright. Then, depending on if they are criminally charged for the incident, they may be barred from having their license reinstated in the future. Working with an attorney-advisor can mitigate these possibilities.
What is the Disciplinary Process for Kansas Certified Nurse Aides?
The disciplinary process for certified nurse aides in Kansas is not published on the Kansas Department for Aging and Disability Services website, unfortunately, which is not the case for most other professions. In fact, there are robust rules for RN and LPN disciplinary processes on the Kansas Board of Nursing's website.
That being said, based on our past experience, we are confident that the Department in Kansas will follow a very similar disciplinary framework as the one explained below.
First, the Department will receive a complaint against the CNA in question. They will review the complaint and determine if it falls within their jurisdiction, then they will reach out to question the complainant about it. If they believe that there is something to the complaint and it falls within their jurisdiction, they will notify the accused CNA and request to interview them as well. During this initial interview, you must respond to the complaint as succinctly and honestly as you can. It is a good idea to have your attorney-advisor by your side, though, to ensure your due process rights are upheld by the Department. You do not want to suffer unnecessarily for a procedural error or bias, which could have been avoided with the help of the Lento Law Firm.
At the end of this initial review, the Department will determine whether a formal investigation is necessary. If they decide it is, they will have an investigator meet with both parties to learn more about the issue. They will also find witnesses and evidence that will illuminate the situation further. Once they have completed this stage of the disciplinary process, they will decide whether or not the complaint should be passed on to state or federal law enforcement for further investigation.
When the investigator and Department conclude that a disciplinary hearing is appropriate, they will notify the CNA and complainant of the date and time. You have every right to have an attorney-advisor present throughout all of these meetings, interviews, and hearings. Our attorney-advisors will ensure you are fully prepared to defend yourself. They will gather evidence and witness testimony, which you will be able to use during the hearing to support your argument of innocence.
Once the complainant or state and the CNA have presented their arguments and had a chance to cross-examine the other side's witnesses and evidence, the Department will meet separately to review what they have heard. During this separate meeting, they will determine whether the CNA is responsible for the accused misconduct and, if so, what kind of sanction to impose. While sanctions can really be anything, the most common are license restrictions, suspensions, or revocations. Sometimes, though, the punishment involves taking mandatory courses, participating in group therapy, or being removed from the particular working environment.
Either way, it is incredibly important to show up to your meetings and hearing prepared to defend yourself. Any mark on your record can greatly impact how you live your life. Don't let someone else make that decision for you. Call the Lento Law Firm today.
Why You Need a Certified Nurse Aide License Defense Attorney in Kansas
Many times, CNAs are faced with complaints that are made out of spite, anger, or boredom. For instance, a CNA could be laughing with a patient, bringing light to their situation, and a family member may take offense and file a complaint. Or another medical professional could misunderstand a situation and make a complaint against the CNA. Whatever the situation, the Department will always pursue the complaint, even with little to no evidence, sometimes to the detriment of the CNA and their future.
A lot of times, CNAs and other medical professionals think they can defend themselves on their own with very little preparation. So instead of working with an attorney-advisor who understands the nuances of these proceedings and can help them navigate them more easily, they decide to defend themselves and end up less than successful. By hiring an attorney-advisor like those at the Lento Law Firm, you have a better chance of having the complaint dropped or dismissed.
The Nature of Kansas Department for Aging and Disability Services Charges Against a Certified Nurse Aide
Decisions made by the Department for Aging and Disability Services in Kansas do not have any effect on criminal charges or civil suits, which fall under the purview of state or federal courts. However, the Department does have the authority to refer matters to state or federal law enforcement for further review if they think the alleged misconduct actually violates the law.
After the Department refers the complaint and a judge or jury finds the defendant guilty of the alleged misconduct, the consequences of your supposed actions may extend beyond the revocation of your license. For instance, you be forced to pay restitution to the victim or complainant or be incarcerated for a certain period of time. If you hope to avoid such outcomes, the Lento Law Firm Professional Defense Team will collaborate with law enforcement to negotiate on your behalf if the issue becomes a legal one.
How Lento Law Firm Professional Licensing Defense Team Can Help
After putting in tremendous effort to get your certified nurse aide license in Kansas, getting accused of misconduct can have a profound impact on you, jeopardizing your career and the life you've been working so hard to build. To protect your future and mitigate any negative ramifications that may arise from the complaint against you, it is important to seek the guidance and counsel of an attorney-advisor.
The attorney-advisors on the Lento Law Firm Professional Defense Team are aware of the obstacles and challenges you are facing. Their impeccable record of effectively advocating for licensed professionals is proof that they have a unique and detailed understanding of these proceedings, which will guarantee you the best possible outcome. Call 888-535-3686 today or schedule a consultation online.