Illinois Physicians may have a duty to report charges of misdemeanor and felony charges against them

Failure to report an incident involving charges or convictions of crimes can lead to worse consequences.

Failure to report an incident involving charges or convictions of crimes can lead to worse consequences.

The Illinois Department of Financial and Professional Regulation (“IDFPR”) is charged with the duty to regulate many of the licensed professionals in the State of Illinois, including healthcare professionals. The mission at the IDFPR is to protect and promote the lives of Illinois consumers. The Department and the medical licensing board screen and review applicants for medical licenses to make sure the individual seeking a license is a trustworthy individual, with good moral character, and is not a threat to the public. Certain charges and convictions of misdemeanor and felony crimes may preclude an applicant from receiving a license to practice.

Licensed healthcare professionals have duties to report crimes to the IDFPR.

To maintain good standing with the IDFPR and related licensing boards, Illinois-licensed healthcare professionals have an ongoing duty to self-report incidents through which the professional is arrested and/or charged with certain misdemeanors or any felony offenses. This rule also applies to individuals with applications for licensure. Depending on the licensee and the nature of an offense that could lead to a criminal penalty, there might be a deadline to make a report of the incident to the Department.

Illinois law, The Medical Practice Act, sets forth disciplinary grounds for physicians as follows: “(A) The Department may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under this Act, including imposing fines not to exceed $10,000 for each violation, upon any of the following grounds:…(3) A plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States of any crime that is a felony.[i]

Failure to report an incident involving charges or convictions of crimes can lead to worse consequences.

State licensing boards take it very seriously in the event they are not notified in the event their licensees are involved with violations of law. Like most licensing boards and departments, the IDFPR has several options, laws and policies in the event the Department determines discipline is appropriate. In the event a felony charge if not reported to the IDFPR, discipline could warranted solely for the unprofessional conduct, of not reporting the underlying charge.

The laws and rules governing licensed healthcare professionals are complex and located in several chapters and sections of Illinois law and policy. It is best to contact a lawyer experienced in professional regulation, to seek advice and counsel about how to proceed.

Michael V. Favia is a former IDFPR (then IDPR) chief of prosecutions and knows the Department very well, and can best anticipate a best course of action to proceed in reporting a violation of law to the Department, and he can represent and defend licensed healthcare professionals if action is taken.

Michael V. Favia & Associates are available to help and meet for client consultations with offices conveniently located in the Chicago Loop, Northwest side and suburbs so you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter.

[i] 225 ILCS 60/22(A), (A)(3)

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