License Defense for Physicians - Kansas

Is Your License in Danger? The Lento Law Firm Team Can Help

Kansas physicians who are licensed by and facing disciplinary actions from the Kansas State Board of Healing Arts need to grapple with the fact that their licenses are truly at risk.

And, with their licenses, their livelihoods (and their reputations) may be at risk, too. This can feel scary and daunting. You've worked tirelessly to achieve and maintain that license. Losing it would mean a lot for you, your loved ones, and your entire life.

Fortunately, just because you're facing disciplinary actions doesn't mean you have to experience them. If you act quickly and retain the Lento Law Firm Team, you can work toward a more amenable outcome. This is especially true if the allegations against you are less than true (or the result of a mistake or misunderstanding). Regardless, you can't let your current license-related challenges stand between you and the rest of your successful medical career.

The Professional License Defense Team at the Lento Law Firm has years of experience helping physicians both nationwide and throughout Kansas protect their licenses and their careers. Our attorneys can evaluate your case, ensure that you know your options, and advocate for you throughout the entire complicated license disciplinary process to help you aim for a good outcome.

We're pleased to represent physicians in major cities like Kansas City and Wichita, as well as more close-knit communities such as Manhattan, Lawrence, and Topeka. Wherever you live and practice, if you require unparalleled support, call 888.535.3686 today or visit us online to secure the experienced legal counsel of the Professional License Defense Team.

What are Specific Kansas State Authorities and Regulatory Boards that Oversee License Issues for Physicians?

For Kansas physicians, the relevant regulatory board overseeing licensure and related issues is the Kansas State Board of Healing Arts. This Board issues and regulates licenses for many types of healthcare professionals practicing in the state — including physicians like yourself.

When you initially applied to practice medicine in your state, you likely interacted with the Kansas State Board of Healing Arts. Now, if you're having a hard time renewing your license or are experiencing issues because you're behind on continuing education or are the center of a disciplinary dispute, the board will be back to oversee proceedings.

Managing license issues with the Kansas State Board of Healing Arts on the other side of the table will be an overwhelming experience. You may not be required to have representation, as you would be in a criminal case, but retaining the Professional License Defense Team at the Lento Law Firm will help you ensure that the experience is as understandable and as successful as possible.

Which Processes and Rules Do Kansas Physicians Have to Abide By?

There are many processes and rules that Kansas physicians must abide by in order to be in good standing with the state (and to retain their licenses). These rules are set forth by both the government of Kansas and the Kansas State Board of Healing Arts.

Some of these rules and regulations include:

1. The Kansas Healing Arts Act. This legal language outlines various expectations for the way practitioners will serve patients in Kansas, including licensure, practice standards, and relevant disciplinary possibilities.
2. Continuing education requirements. The specific number of hours required per year (or another period of time) varies considerably depending on specialty, but every Kentucky physician is required to invest in their ongoing education or risk losing their license.
3. Kansas' Controlled Substances Act. This act governs the way specific medications can be prescribed. Often, compliance with this act is especially important for physicians who practice in the larger metro areas of Kansas, which include Kansas City, Overland Park, and Wichita.
4. Kansas' laws related to medical record keeping. There are specific Kansas laws outlining specific requirements for the maintenance of medical records. If a physician's practice is found in violation of these or similar laws, that could trigger an investigation and disciplinary action.

This list doesn't include every single law that pertains to Kentucky physicians. There are others, each more detailed and labyrinthine than the last.

And, unfortunately, violating any of these laws — or even being associated with an allegation of a violation! — can result in lasting harm to Kentucky physicians and their licenses.

What is the Value of a Kansas Physician's License?

The value of a Kansas physician's license is immense.

If you hold one, it's an asset worth fighting for. Let's break this down:

• The monetary value of a physician's license. A physician's license allows the bearer to practice medicine in the state of Kansas. In most cases, this is a relatively lucrative career. The median pay for American doctors is a six-figure salary. Of course, doctors usually have substantial costs to repay, such as student loans associated with the high cost of medical education. This means that sustaining your license and being in good standing so you can work is essential.
• The trust and reputation associated with a physician's license. Many people associate physicians with trust. It's well-known that it's difficult to become a doctor, and if someone has a license to practice medicine, that means that they've met high standards of both medical knowledge and ethics. Being a trusted medical professional solidifies your role in your community. Losing your license could tarnish that reputation.
• The access to opportunities associated with a physician's license. Physicians often work in many settings, from small clinics to large hospitals. With your license intact, you can work in many different places and even participate in health insurance networks or multi-facility healthcare organizations that can offer simple ways for you to work and earn a living. If you lose your license, suddenly, all of those opportunities will be cut off.

Given just how important your Kansas physician's license is (and how disastrous it would be to lose it), when you face disciplinary charges, it's time to jump into action.

What Do Kansas Physician License Disciplinary Charges Mean?

If you're facing disciplinary charges, it's key to understand what those mean. For example, disciplinary or administrative charges are different from criminal or civil proceedings — though no less serious. Here, we'll provide a brief overview of the ways Kansas physician license disciplinary charges can differ from other types of charges and processes.

Your charges from the Kansas State Board of Healing Arts are administrative.

This means that they're brought against you by the Kansas State Board of Healing Arts, not by another person or by the state or federal government. Typically, the charges are due to professional misconduct, and the repercussions meted out will be similarly professional (e.g., license revocation or fines).

Administrative proceedings differ from civil or criminal ones in the following ways:

• Criminal proceedings are brought by the government and are typically aimed at determining guilt. The consequences at play include fines, probation, and even imprisonment. To charge someone with a criminal offense, the offense must be proven beyond a reasonable doubt.
• Civil proceedings are brought between individuals (or, sometimes, organizations). Usually, they center on money, rights, or responsibilities. Examples of civil proceedings include personal injury lawsuits and contract disputes. To resolve these cases, cases need to be proved according to the "preponderance of the evidence" standard — which means that it must be shown that it's more likely than not that one side's story is true.

Administrative proceedings operate under a different evidence standard. This standard is usually somewhere between the two standards of proof applied in civil and criminal proceedings.

It's easy to underestimate how serious and complex administrative proceedings can be. Seeking legal representation is a must for Kansas physicians who hope to avoid long-term consequences for their medical careers.

What Specific Types of Allegations Put Kansas Physician Licenses at Risk?

Any of a number of allegations can put a Kansas physician's license at risk. Importantly, the allegation doesn't necessarily have to be true in order to wreak havoc on your career. If anyone can allege that you're involved with any of the following, you need to prepare to defend yourself as strategically as possible:

1. Negligence or malpractice (if it could affect your license). This wide category of misconduct can include any mistakes made while a physician is diagnosing, treating, or managing the aftercare of one of their patients. Prescription errors and failure to diagnose are common examples.
2. Substance abuse. If a patient or colleague alleges that you were practicing medicine while under the influence or prescribing controlled substances for non-medical use, that can result in a professional misconduct complaint.
3. Fraud. Whether it's insurance fraud, billing for services that you didn't actually provide, or falsifying your patient records, it can be a problem that the Kansas State Board of Healing Arts will want to know more about. Similar potentially-problematic actions include lying during your license application or renewal processes.
4. Entering into inappropriate relationships with patients. If you're involved in an emotional, physical, or even sexual relationship with a patient (or someone alleges that you are), the board will take that seriously. This type of allegation could easily lead to license revocation or suspension.
5. Breaching patient confidentiality. If you don't protect your patients' medical or personal information as required by HIPAA, you could risk severe disciplinary action.
6. Practicing outside of your scope of license. It's important that you only provide the treatment you're licensed to provide. If someone can demonstrate that you did otherwise, you could risk your license.

This isn't an exhaustive list. Many other actions, such as mismanaging patient records or even being rude to colleagues, could trigger a complaint. When this happens, you need to know what the process will look like and the best possible ways to protect your name and your future.

What is the Kansas State Board of Healing Arts's Investigative and Disciplinary Process Like?

The board's process will begin when someone files a complaint against you.

This complaint can come from several sources. Patients, insurance companies, and fellow healthcare professionals can all lodge official complaints. In some cases, a complaint could also get filed during a routine audit of a provider's practice (e.g., if an auditor finds record anomalies). Complaints can reach the Kansas State Board of Healing Arts from any part of Kansas, from metro areas like Wichita and Overland Park to smaller communities.

Once the Kansas State Board of Healing Arts has received a complaint, it will give the complaint an initial review. This preliminary assessment is helpful for determining whether the board will want to investigate further. The general litmus test is simple: The Kansas State Board of Healing Arts will be looking to see whether the physician has potentially violated one of the rules and regulations (such as the Kansas Healing Arts Act) mentioned above.

If the Kansas State Board of Healing Arts decides that it needs to learn more, the board will launch an investigation. This could involve:

• Collecting documents
• Interviewing all of the people involved
• Gathering statements from the people involved (including you)
• Auditing medical records
• And more

The investigation will be an exhausting process. However, it's a process to get right. Often, the Kansas State Board of Healing Arts will make its decision about physician responsibility very early on, sometimes in that investigative phase. Working with our team to make the most of your investigation will be vital for moving forward as successfully as possible.

Then, the board will be ready to mull over all the provided evidence and make its decision. Depending on how serious the alleged violation is, this may be communicated in a simple written reprimand. (The Board can also decide to throw out the complaint at this time if the complaint truly has no merit.)

If the allegations were severe and the Kansas State Board of Healing Arts has reason to believe they may be true, the board could launch formal disciplinary proceedings. This could involve a formal in-person disciplinary hearing, which you'll need to appear at to move your case forward. At the end of this hearing, the board will discuss the various consequences it could recommend and issue a final decision.

Legal Actions the Kansas State Board of Healing Arts Can Take

If the Kansas State Board of Healing Arts sees fit, there are many different actions it can take against physicians who are in violation of the Kansas Healing Arts Act (or, at least, who seem to be).

The most common options the board can pursue include:

• A warning or reprimand. This is a private or public way to notify a physician that they will need to rethink the way they are approaching a given activity, a reminder of the physician's responsible responsibilities, and may include specific actions that the physician must take (including investing in continuing education or paying fines) to be in good standing with the board. This is not usually an option if the allegations at the center of the disciplinary process are particularly severe.
• Probation. Probation is a little more serious than a warning or reprimand but may not have long-term consequences if the physician involved adheres to the rules of their probation. While on probation, the Kansas State Board of Healing Arts will supervise your actions with more scrutiny than usual. You may still be able to practice, but there will be more conditions and stipulations on your ability to work than there normally are.
• Suspension. The board may decide to suspend your physician's license for a period of time. This will make it impossible for you to practice medicine in Kansas, but it shouldn't be permanent.
• Revocation. In serious cases, the Kansas State Board of Healing Arts may decide to take away a physician's license permanently. This will end a physician's ability to practice medicine in the state of Kansas.

If you're facing any of these outcomes, you should know that the board's recommendation isn't necessarily the end of the road. If you disagree with the board's recommendation, you may be able to appeal.

How Does the Kansas State Board of Healing Arts Appeals Process Work?

After the Kansas State Board of Healing Arts issues its decision, our attorneys can help you determine if the punishment recommended is worth carrying out — or, if the punishment will result in unfair consequences for your future, if it's worth it to appeal.

In many cases, it is worth it to appeal. Unfortunately, the appeal process isn't easy. Here's a simplified timeline of the Kansas State Board of Healing Arts appeals process:

1. You'll start by submitting paperwork to tell the board that you will be appealing. The written notice that the board gave you formally detailing their decision should have general instructions about how to do this (including your deadline for initiating an appeal and the direct office to contact.) Depending on the severity of the offense, this may involve requesting a formal hearing with the board.
2. While you're waiting for your hearing date, you'll need to prepare your argument. To reverse its decision or issue a lesser sanction, the board ideally wants to hear new information that has come to light since its original decision or an otherwise very strong argument that the board should reconsider its position (or that your recommended sanction would unfairly impact your life going forward). The Professional License Defense Team at the Lento Law Firm has years of experience helping physicians pull together exactly this type of argument.
3. When you attend your hearing, you'll make your best attempt to tell the board your side of the story, presenting as much new evidence as possible to convince the board that you should be able to keep your license. The board will issue an updated decision or decide to uphold its original one.

If the board denies your appeal, that's still not the end of the road. You may be able to escalate your case to your local District Court or even the Kansas Supreme Court. Our team is prepared to do whatever is necessary to help you achieve the most successful outcome possible.

Why You Need a Physician License Defense Attorney in Kansas

There are three general reasons why you absolutely need to retain the Professional License Defense Team if you're facing license-related disciplinary action in Kansas. They include:

1. The Kansas State Board of Healing Arts has overwhelming investigative and prosecutorial power. If the board has a reason to believe that you're not practicing medicine according to its high standards, the board will not hesitate to expend resources to learn about you and your alleged actions. Retaining our team can help you level the playing field.
2. As mentioned above, there is a lower evidentiary standard at play in administrative hearings. The board only needs to demonstrate that your responsibility for the alleged offense is more likely than not. Our team can help you present evidence that creates substantial doubt, which can be enough for the board to toss out the complaint.
3. Remember, your entire personal and professional reputation (and livelihood!) is at stake. If there were ever a time to put your trust in our Professional License Defense Team, a team with years of experience helping physicians both nationwide and in Kansas avoid undue repercussions that affect their license, this is it!

Areas We Serve in Kansas

The dedicated, experienced team of the Lento Law Firm is ready to provide a strong defense and representation to any physician who practices in Kansas (or anywhere in the nation). We are particularly ready to extend our services to physicians living and practicing in or near the following:

• Wichita
• Overland Park
• Kansas City
• Topeka
• Olathe

And any other communities within this state!

Further, if you work at any of the following healthcare or hospital systems, please contact the Lento Law Firm for any support you may require:

• The University of Kansas Hospital
• The Ascension Via Christi Hospital
• AdventHealth Shawnee Mission
• Stormont Vail Hospital
• Wesley Medical Center

License Defense Team for Kansas Physician Charges

Whether you've already received notice from the Kansas State Board of Healing Arts that you'll be under investigation shortly or you simply believe that a license challenge could be in your future, don't hesitate. Call us earlier rather than later. (The number is 888.535.3686, or you can otherwise reach us by filling out this brief form.)

The sooner the Professional License Defense Team at the Lento Law Firm is on your side, the more we'll be able to help you work toward the successful outcome you deserve.