Professional Licensing in Illinois
We have over 40 years of experience helping licensed professionals get satisfactory results through informal disciplinary conferences; passionately defending licensees at formal hearings; and appealing decisions of the Illinois Department of Financial and Professional Regulation (IDFPR) through administrative review.
Professional Licensing in Illinois - Illinois Department of Financial and Professional Regulation
We have protected hundreds of health care professionals throughout Illinois at all stages of IDFPR disciplinary proceedings - from the moment they receive a call or visit from an investigator all the way through the formal hearing process.
For over 40 years, the attorneys at Goldberg Law Group have been representing physicians, chiropractors, nurses, dentists, and other licensed health care providers with obtaining, maintaining and defending their Illinois professional licenses at the IDFPR. We understand that an unrestricted professional license is of utmost importance to your reputation and livelihood. No matter how serious the allegation, you can rely on our Chicago attorneys to vigorously advocate for you and defend your license at the IDFPR.
Whether you just need assistance completing forms when applying for an Illinois license, or are facing potential disciplinary action, the attorneys at Goldberg Law Group will provide timely advice, sound counsel, and effective legal representation.
Illinois License Applications
Generally, there are six methods used in issuing licenses for professionals in Illinois:
Licensure by examination
Licensure by endorsement
Acceptance of examination
The specific method of licensure needed may vary depending on the profession; however, each method requires specific information and specific forms. When applying for a professional license in Illinois, applications must be completed accurately and in detail to avoid processing delays, a deficiency letter, or a Notice of Intent to Deny Licensure. All requested information must be provided, including appropriate answers to all personal history questions. A simple error on an application can become an issue that may result in a deficiency letter, require an appearance before one of the professional boards, or a response to a Notice of Intent to Deny Licensure.
The experienced attorneys at Goldberg Law Group will walk you through the application process and thoroughly address any discrepancies before they turn into major issues. Whether you just need assistance completing forms when applying for an Illinois professional license, or are facing potential disciplinary action by IDFPR, the attorneys at Goldberg Law Group will provide timely advice, sound counsel, and effective legal representation.
Complaints and Investigations
Professional licensing board complaints may be filed by anyone who interacts with the licensed provider: patients, their family members, other health care providers, employers and employees. Increasing awareness of this fact, aided by consumer groups and state laws which require posting patient bills of rights in waiting rooms, has led to more medical board complaints being filed and sanctions imposed.
After a complaint is filed, the information is reviewed, and a decision is made whether or not to begin an investigation. At the conclusion of the investigation, the professional board decides whether or not to prosecute the case.
A multitude of negative effects may flow from a single board complaint. Depending on the alleged offense and the board's decision on whether to proceed with prosecution, a provider's reputation and livelihood could be destroyed. So, the importance of properly responding to a licensing board complaint cannot be overstated. Still, many providers make crucial mistakes after a board complaint has been filed, which needlessly exposes them to additional professional risk.
Illinois License Disciplinary Action
If a complaint is referred for prosecution, IDFPR will commence an administrative hearing process requesting that discipline be imposed on the professional’s license. A licensed professional has the right to legal representation at all stages of the administrative hearing process. Depending on the allegations, the professional board may offer you an opportunity for a disciplinary conference to attempt to resolve the complaint. The health care attorneys at Goldberg Law Group vigorously defend licensed providers in administrative hearings at IDFPR and at disciplinary conferences.
Disciplinary action can take the form of a fine, reprimand, restrictions on practice, continuing education or monitoring requirements, probation, license suspension or revocation. Doctors and other licensed health care providers generally are required by contract to report disciplinary actions to their employer, to professional liability carriers, state and federal health care programs, commercial health insurance plans, professional associations, and hospitals or health care entities that have privileged the provider. Federal law also requires that discipline against doctors be reported to the National Practitioner Data Bank. Hospitals, health care entities, insurance companies and government agencies regularly query the NPDB when deciding whether to associate with licensed professionals. For these reasons, it is important that the provider understand how and what information will be disclosed to third parties about any proposed disciplinary action.
During your initial consultation, we will go over every facet of your case, including:
How you were contacted
Which party or organization filed the complaint
Your disciplinary conference
The disciplinary process itself
Any formal hearings you will face
Illinois License Probation Compliance
Following the commencement of an administrative action requesting disciplinary action, the professional board may recommend disciplinary action in the form of license probation for a definite or indefinite period of time. The professional board will also impose specific terms that the licensee must adhere to during the duration of the license probation, and may require regular reporting to the board to demonstrate compliance with probation.
Compliance will all terms and aspects of a license probation are critical to restoring a professional’s license to unrestricted status. Unfortunately, many providers do not understand the terms of their license probation, which can cause them to make critical mistakes that create impediments to license restoration. The experienced attorneys at Goldberg Law Group routinely represent licensed professionals through the process of complying with their license probation, including assistance with understanding the terms of their license probation.
Administrative Review of Final Disciplinary Action
Final decisions of IDFPR disciplining a licensed provider may be appealed to the Illinois courts through an action called “administrative review.” In connection with administrative review, a licensed provider may request the court to stay enforcement of the final decision pending final disposition of the appeal. A complaint for administrative review must be filed within 35 days from the date of the final decision. However, if a stay of enforcement is also required, it may be necessary to act faster.
The grounds for appealing a final decision of IDFPR vary depending on the facts and circumstances of each particular case. The attorneys at Goldberg Law Group regularly counsel clients about the nature and scope of judicial review available to licensed providers affected by final decisions of IDFPR and have over 40 years of experience pursuing administrative review on behalf of their clients.
At the Goldberg Law Group, our Illinois health care attorneys have a wealth of experience representing physicians in professional licensing matters. Some of our successful outcomes are described below:
Obtained an order from the circuit court reversing the IDFPR’s decision to indefinitely suspend a chiropractor’s license. The court found that the IDFPR failed to present expert testimony to support its allegation that the chiropractor engaged in dishonorable, unethical or unprofessional conduct and that a two year indefinite suspension of the chiropractor’s license was disproportionate to the alleged offense.
Successfully blocked the discipline of a doctor who refused to respond to an unlawful subpoena issued by IDFPR.
Obtained an order from a circuit court quashing a subpoena issued by IDFPR that failed to comply with the Illinois Medical Practice Act and the Illinois Administrative Code.
Persuaded the Administrative Law Judge, the Medical Disciplinary Board, and the Director of IDFPR not to discipline a doctor who had been reported to the NPDB based upon discipline imposed in another state (i.e. a “sister state” discipline). As a result of our representation, the doctor avoided discipline in Illinois.
Established appellate court precedent protecting doctors from excessive punishment by the IDFPR in a case in which a client was accused of an improper sexual relationship with a patient.
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Practice Areas in Illinois
Medicare & Medicaid Audits
In the current regulatory environment, healthcare providers face increasing scrutiny from government healthcare programs. Goldberg Law Group provides strategic legal representation in all types of Medicare and Medicaid audits and claim reviews.
Third Party Payer Audits
Third party payer audits present a significant financial risk for physicians, industry service providers, and medical groups. Our attorneys have years of experience representing physicians and other providers in in audits and claim reviews initiated by commercial payers.
Whether you are seeking visitation, custody, divorce, maintenance out of state removal or all of the above, the attorneys at Goldberg Law Group can help with aggressive, effective and cost efficient legal representation.
Medical Cannabis Law
Drawing upon 40 years of experience in the healthcare field, Goldberg Law Group is uniquely positioned to provide legal advice and representation to the medical cannabis industry, including healthcare providers, dispensaries and cultivation centers.
Our attorneys are vigorous advocates for physicians in medical staff hearings and appeals. We work hard to protect and preserve the rights of Illinois and Arizona physicians under the medical staff bylaws and state and federal laws and defend adverse actions that threaten your membership and privileges.
Medical Staff Credentialing & Peer Review
Our healthcare attorneys routinely counsel and advise physicians with issues related to medical staff credentialing and peer review. We identify and safeguard your rights under the medical staff bylaws and applicable laws and make sure your status is presented in the most favorable light.
Healthcare Merger & Acquisition Transactions
Goldberg Law Group’s attorneys guide clients through the complex legal and regulatory issues in merger, acquisition, sales, and affiliation transactions involving physician groups, medical practices, and healthcare industry service providers.
Corporate Formation & Organization
Healthcare providers who are interested in forming and organizing their own business must adhere to a unique set of laws and regulations. Our attorneys rely upon industry-specific knowledge gained through 40 years of experience to advise physicians, chiropractors and other healthcare service providers through the process of forming and organizing their own business.
Corporate Disputes, Licensing & Litigation
The lawyers at Goldberg Law Group provide legal advice and representation in business-to-business disputes and in conflicts that arise amongst individual stakeholders.