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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118780
Experience:  20+ Years of Employment Law Experience
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Reno Co, Kansas served me with an Emergency Order of

Customer Question

Reno Co, Kansas served me with an Emergency Order of Suspension may 17th and paperwork to appeal said I had to File a Petition for Judicial Review within 30 days which is today and send it to Susan Moiser KDHE. She told me I could print of this petition online, once online I found sites to print one off f but it said I would harm my computer if I downloaded it. I saw an attorney yesterday, the petition was served as I have a wound on my leg, which is always v=covered with about 7 layers of wrappings by Professional Wound Clinic once a week, I also wear long socks and long pants, I have had the wound for many years but wasn't healing no matter what I tried. I got MRSA in the hospital, had iv's for 34 days and it was then not active so Dr and Infectious disease gave me the go ahead to reopen my day care May 1, then on May 15, wound looked suspicious, Saw wound specialist for a culture. I called Co Health Nurse in charge of day care to ask if I had MRSA in it again could I voluntarily close. on May 16, My dr.s nurse left a voice mail on my phone I rarely use that it was MRSA, I was out of min and could not get or send messages and no money to get new min card. at 3:00 on May 16 money was available so friend got the min for me. I was busy with the kids so did not answer all the emails, because anything important people know to call me on other cell phone, I had told my parents what I had told Co Health Nurse, so they were not concerned as even I cant get into the wound without cutting the dressing, so parents wanted to wait till end of day to pick up kids If I did have it. Co health nurse came at 3:30 with order to suspend daycare as I was endangering kids by me having MRSA and I knew I had it when I called her (which I did not). I had 30 days so was waiting till the mrsa went away and dr approved reopening before I filed a petition for judicial review with the state of Ks, not knowing I had to have an attorney to do it, He had to have retainer of $1,250.00 which I do not have and cant get, but I and attonrnet agreed I need to send KDHE a letter that I am Volunterely surrendering my license till I do have the Go Ahead From Dr, etc and then reapply, but I have to have attorney get, take to court and then court sends this form in, State of Ks said I go online and copy one off and send it in with my letter of explanation, as If I don't do it by the am they will totally close me and may never let me reopen,,,,the info to Get, attain, and who has to file this petition was not clearly spelled out on the letter 9Which they said htat the instruction told you just how to do it),,mylawyer agreed it was not clear in any means and took him a bit to look up how to do it on daycare...I am out of time so now have to close till reports come in next week as they will not give a suspension....Can you send me a sample of that form I can send in with my letter till I get the money for attorney so it can be legally done right. My parent have supported me thru this and gotten temp care but want me to keep their kids and I so them, theses little kiddos are my love and life and what I have to do to make a living as have to have a job to sit and stand equal times during the day so it will heal and not get worse, thank you Lana Jean Haines
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Has anything been filed or reported?
Customer: The Lady in charge of Day care homes is the one I called and when she told Susan Moiser, KDHE I had MRSA and know it when I called (as I told you I did not know because of cell phone) and would have as was calling parents when she came in, she served me with the suspension and waited till I called all parents to come get them right now, they explained they knew I might have to close and I had called part of them at 3:00 who wanted to leave kids till 5:30 as they know I am a nurse and would never intentionally harm them, and they would have to touch the wound or I would have to touch it and they touch what I touched to get it, I NEVER dress my own wound and want even get thru to it anyway as it is changed once a week into what is called an UNO Boot, with 6 other layers of pads and absorbants under a leak prood layer on top.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, I just thought if I could print off the form myself and send it with the letter and tell them when all was clear and then attorney said they would except it but not knowing yet if all germs are gone it would not do him anygood to file the petition
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The attorney you spoke to was correct. You need to go through and seek a temporary surrender of your license for health reasons. You then need to submit your letter to the board with your medical explanations from your doctor and ask them to temporarily suspend your license and allow you to reapply when cleared by medical documentation. If you do not do that, they can go through permanent suspension and then you would need the attorney to file suit in court to reverse the decision based on your proof of medical claims.
I would consider trying to get the money for that lawyer you spoke to because the fee he quoted you was quite reasonable. However, if you cannot afford an attorney, you can go to legal aid and seek their assistance or call the KS bar for the pro bono attorneys in the area who can assist you at low cost or no cost.
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