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In re Rathbun5/30/2003
w Dr. Vogt to provide such information to Wilson, Leatherman, the qualified medical professional administering Rathbun's medication, and the Disciplinary Administrator's office.
5. Rathbun is currently taking medication to reduce the effects of Attention Deficit Disorder. Rathbun shall continue to take the medication. Rathbun shall have regular contact with a qualified medical professional regarding his medication. Rathbun shall follow the qualified medical professional's recommendation regarding any medications prescribed. Rathbun shall inform the Disciplinary Administrator's office of the name of the qualified medical professional who is prescribing and monitoring the medication. Rathbun shall sign an appropriate release of information to allow the qualified medical professional to discuss matters relating to the medication with Dr. Vogt, Wilson, Leatherman, and the Disciplinary Administrator's office. In the event Rathbun discontinues treatment against medical advice, the qualified medical professional shall immediately report such circumstances to the Disciplinary Administrator's office.
6. Rathbun shall not accept any case that he does not have the time, resources, or competence to handle. Rathbun's practice shall be limited to criminal matters. Criminal matters include federal and state felony, misdemeanor, and traffic cases. Additionally, Rathbun may handle matters related to criminal matters, including driver's license hearings and drug tax appeal cases. Rathbun may complete civil matters that were accepted prior to the imposition of discipline. Rathbun may accept referral fees for cases referred to other attorneys, including personal injury and workers compensation matters.
7. Rathbun shall continue to cooperate with the Disciplinary Administrator. If the Disciplinary Administrator requests any additional information, Rathbun shall timely provide such information.
8. Rathbun shall make a good faith effort to obtain professional liability insurance, with a minimum coverage of $1 million and a $10,000 deductible. Rathbun shall provide evidence of insurance or evidence of his good faith efforts to obtain insurance to Wilson, Leatherman, and the Disciplinary Administrator's office within 3 months. In the event Rathbun is initially unable to obtain professional liability insurance, every 3 months Rathbun shall provide Wilson, Leatherman, and the Disciplinary Administrator's office with evidence of his continued good faith efforts to obtain professional liability insurance.
9. Rathbun shall not violate the terms of his probation or the provisions of the Kansas Rules of Professional Conduct. In the event that Rathbun violates any of the terms of probation or any of the provisions of the Kansas Rules of Professional Conduct at any time during the probationary period, Rathbun shall immediately report such violation to the Disciplinary Administrator.
IT IS FURTHER ORDERED that if Rathbun fails to abide by the conditions set out herein, a show cause order shall issue to Rathbun, and this court shall take whatever disciplinary actions it deems just and proper, without further formal proceedings.
IT IS FURTHER ORDERED that this order be published in the official Kansas Reports and that costs herein be assessed to Rathbun.
ABBOTT, J., not participating.
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