Within the state of Missouri, healthcare professionals confronted with allegations involving patient abuse, neglect, or property misappropriation could find themselves facing notifications from the Department of Health and Senior Services (DHSS). These notifications might signal potential inclusion on the consequential Employee Disqualification List (EDL). This roster, widely accessible to numerous healthcare employers, has the capacity to impose a lasting exclusion from the industry. Recognizing the gravity of DHSS’s intention to list your name on the EDL, it becomes evident that swift and strategic attention is imperative to safeguard your professional standing. Should you discover indications of impending EDL placement, reaching out to Dolley Law, LLC is a prudent step to take. With our adept attorneys offering resolute and skillful representation, we stand dedicated to securing the protection and continuity of your healthcare career.

Prohibition from Healthcare Jobs: The EDL Consequence

Should your name find its place on the Employee Disqualification List (EDL), a wide array of healthcare job opportunities in Missouri becomes off-limits. The EDL is a roster of individuals ineligible to hold positions within various entities, including:

• Hospitals;
• Long-term care facilities;
• Skilled nursing facilities;
• Intermediate care facilities;
• Residential care facilities;
• Assisted living facilities;
• Entities licensed under Chapters 197 and 198 RSMo;
• Home health agencies;
• Temporary nurse staffing agencies;
• Hospices;
• Ambulatory surgery centers;
• Abortion facilities;
• Pharmacies;
• In-home service provider agencies under DHSS contract;
• Entities approved by DHSS for nurses’ assistant certifications;
• Clinical rotations through nursing or medical schools;
• Individuals receiving consumer-directed services;
• Facilities, day programs, residential facilities, or specialized services under the state Department of Mental Health;
• Adult day care providers.

Anyone employed within the healthcare sector in Missouri could potentially be subjected to inclusion in the EDL (Exclusionary Disciplinary List). This encompasses various roles such as physicians, pharmacists, registered nurses, licensed practical nurses, nurse’s aides, pharmacy technicians, patient care technicians, and other non-licensed staff.

The mentioned roles are prohibited from hiring individuals whose names are present on the EDL. These employers are required to perform regular online checks on the EDL, often on a daily basis. Should your name be added to the EDL, you will immediately lose eligibility to work within these establishments. There are only a couple of exceptions to this rule, specifically adult day care providers and DMH (Department of Mental Health) programs. These exceptions demand that employee-patient interactions can only proceed after verifying absence from the EDL. These regulations imply that if your name is placed on the EDL, you are likely to face termination and will encounter significant challenges in seeking alternative healthcare employment opportunities within Missouri.

Behaviors Leading to Inclusion in the EDL

Within the framework of Chapter 192 RSMo and the state regulations overseen by the Department of Health and Senior Services (DHSS), an individual’s placement on the Exclusionary Disciplinary List (EDL) can result from engaging in the following behaviors:

• Abuse of Residents, Patients, Clients, or Consumers: This encompasses actions that cause physical, emotional, sexual harm, intimidation, harassment, or financial exploitation;

• Neglect of Residents, Patients, Clients, or Consumers: This refers to the failure to provide necessary and reasonable services essential for maintaining a patient’s physical and mental well-being;

• Misappropriation of Funds or Property: This includes diverting funds or property belonging to a resident, patient, client, or consumer, and even extends to the improper handling of medications, including those declined or designated for disposal.

It’s important to note that abuse is defined broadly, covering a range of injuries and harms, while neglect addresses the failure to fulfill essential care obligations. Misappropriation of funds encompasses various actions, including mishandling medications. These criteria collectively determine whether an individual is listed in the EDL.

The Process of EDL Disciplinary Action

The progression of the EDL disciplinary process commences upon the reporting of an allegation to the Department of Health and Senior Services (DHSS). The majority of healthcare employers are obliged to report suspicions of abuse or neglect to DHSS, but allegations can also arise from patients, their family members, co-workers, or other sources. Subsequently, DHSS initiates an investigation, which might involve reaching out to the individual accused of misconduct. It’s crucial to recognize that statements provided during this investigation could have implications for potential legal proceedings. Should you be contacted by a DHSS investigator, consider reaching out to our firm for professional representation throughout the investigative phase.

Upon concluding its investigation, if DHSS determines that your name warrants inclusion on the Exclusionary Disciplinary List (EDL), you will receive written notification. Within 30 days of this notice, you are entitled to submit an application for a state hearing, affording you the opportunity to contest this decision. Failing to respond within the stipulated timeframe will result in your name being added to the EDL.

These hearings are overseen by a hearing officer from a distinct state department and are conducted within your county of residence. During the hearing, both sides can make opening statements, present witnesses, introduce evidence, cross-examine witnesses, and provide closing statements. The hearing officer takes into account mitigating evidence that is presented. Adherence to procedural and evidentiary protocols is required, even for those without legal expertise who choose to represent themselves. Ultimately, the hearing officer determines whether the healthcare worker’s name should be included in the EDL and, if so, whether DHSS’s proposed placement is appropriate.

Should a healthcare professional not achieve a favorable outcome at the hearing, they can pursue an appeal by submitting a petition for judicial review in the circuit court. Appeals often involve intricate legal arguments presented in written form and during oral arguments. Under certain circumstances, additional discovery may be permitted. Further recourse to the Missouri Court of Appeals might also be a possibility. It’s imperative to meticulously adhere to procedural guidelines, and seeking representation from an attorney experienced in appellate matters is highly advisable. If you are facing an EDL hearing or intend to contest an adverse decision, don’t hesitate to contact Dolley Law, LLC today.

Criminal Convictions’ Influence on Healthcare Jobs

Professionals working within the healthcare sector who receive convictions or are found guilty of specific felonies encounter potential constraints on their employment prospects. Such restrictions can encompass limitations on job roles, licensure consequences, or ineligibility for particular positions. Individuals who find themselves arrested or charged with criminal offenses are strongly urged to swiftly engage Dolley Law, LLC. The choices made throughout the criminal court proceedings can cast a shadow over one’s career trajectory for an extended period. In these circumstances, it is crucial to secure legal counsel proficient in both Missouri’s criminal law and healthcare law. Our firm’s attorneys boast extensive experience and profound expertise in these domains, ensuring comprehensive representation for professionals navigating multifaceted legal challenges.

EDL Removal and Good Cause Waivers in Missouri

In Missouri, the Department of Health and Senior Services (DHSS) is empowered to potentially expedite the removal of an individual’s name from the Exclusionary Disciplinary List (EDL). Additionally, limited scenarios exist where individuals can seek good cause waivers to prevent EDL placement. To secure removal or a waiver, specific prerequisites must be fulfilled by the applicant. DHSS retains full discretion in this domain and may establish stipulations. Consequently, constructing persuasive arguments and comprehending the relevant legislation is paramount.

Dolley Law, LLC possesses the proficiency and background required to assist you in achieving EDL removal or obtaining a good cause waiver. Our team of attorneys will adeptly guide you through the legal procedures, dedicating their efforts to help you sustain or regain your eligibility to practice as a healthcare professional in Missouri.

Conclusion

In essence, being placed on Missouri’s Employee Disqualification List (EDL) carries significant consequences for healthcare professionals, restricting their career options and future prospects. With criteria like abuse, neglect, and misappropriation leading to inclusion, the importance of legal representation during investigations cannot be understated. The intricate process of hearings and potential appeals underscores the need for skilled attorneys like those at Dolley Law, LLC, who can navigate these complexities effectively. Moreover, for those facing criminal convictions, quick and informed legal action is crucial to mitigate lasting career setbacks. Dolley Law, LLC stands as a reliable partner, offering the expertise needed to guide healthcare professionals through these challenges and safeguard their professional paths.