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IDFPR has
contacted me regarding allegations of misconduct. Do I need an
attorney?
You are not required
to retain the services of an attorney, however it is prudent to do
so. It is also recommended that you seek an attorney who is familiar
with IDFPR statutes and administrative rules and experienced in
representing professionals before the IDFPR board. Once you have
secured an attorney's services, IDFPR is prohibited from
communicating with you directly without your or your attorney's
approval. Furthermore, an attorney can speak with the department's
investigators to determine what the allegations are and what
preparations need to be made to prepare a defense.
If I hire an
attorney to represent me at an informal hearing with IDFPR, won't
that make me look "guilty"?
Your
being represented before the IDFPR by an attorney is not interpreted
by the department professionals as either guilt or innocence. In
fact, it presents you to IDFPR as an astute professional who takes
his or her professional license seriously. Having legal
representation whenever you are dealing with governing agencies is a
sign of wisdom and good judgment, not guilt.
I was
contacted by IDFPR and told that I am under investigation; what
should I do?
Call an attorney
immediately - one with experience in dealing with IDFPR. If IDFPR
contacts you again, tell them that you are in the process of hiring
an attorney and that your attorney will contact them soon. IDFPR
investigators are trained professionals who cleverly acquire
information about you by asking questions about seemingly irrelevant
matters. The existence of an attorney-client relationship will stop
any further direct communication between you and the department.
I have an
informal conference scheduled before the IDFPR. Do I need a lawyer?
Although you are not
required to have a lawyer with you, it is in your best interest to
do so. You will be prosecuted by the department's attorney and his
supervisor will most likely be counseling him. Therefore, there will
be two (2) attorneys representing the department. If you have no
legal representation, you will be at a serious disadvantage. IDFPR's
statutes and administrative rules are complex. Even if you are
innocent of misconduct or have mitigating evidence to offer, proving
it up pursuant to statute or department rules requires legal
knowledge and experience that may be beyond your abilities.
I have had
an informal conference with IDFPR and have been offered a
disciplinary order that is unreasonable or unacceptable to me. What
are my options?
You can negotiate
the terms of the order or reject it, in which case the department
will file formal charges against you. If you are unwilling to accept
the offer, then obtaining legal representation is wise. Successful
negotiation requires an understanding of the department's case. To
successfully combat the department in a formal administrative
hearing requires technical knowledge of IDFPR rules, the
Administrative Act and evidentiary rules and procedures. This is
best handled by an attorney who has negotiation and litigation
experience with IDFPR.
The IDFPR
has filed formal charges against me.
Do I need a lawyer?
At this
point, the only thing that stands in the way of your license being
revoked or suspended is the formal administrative hearing.
Therefore, your case requires the polished presentation of an
attorney who is familiar with IDFPR formal administrative statutes
and rules and experienced in formal administrative hearings.
Representing yourself through this process puts you and your license
at a severely unfair disadvantage. Remember, the department has a
team of investigators and lawyers preparing its case against you. It
is in your best interest to also have competent legal representation.
I have been
convicted of a crime. Is my professional license in jeopardy?
The IDFPR has its
own statutes and rules regarding criminal convictions and licensee
misconduct. For example, physicians, dentists and pharmacists
operate under the rules of the Medical Practice Act. It is best to
speak with an attorney regarding your particular situation as the
facts and circumstances surrounding your arrest and conviction can
alter the department's position. In some cases a conviction for
certain offenses requires a mandatory suspension or revocation of
your professional license, unless it can be demonstrated that the
continued issuance of the license would be in the best interest of
the public and the licensee. Under such circumstances, it is prudent
to have an attorney represent you before the department and put
forth the evidence that is statutorily required for continued
licensure.
I have been
charged with a DUI. Will this affect my professional license and
what should I do next?
Contact a criminal
attorney immediately to represent you on the criminal case and
explain to the lawyer your concerns about your professional license.
It is advisable for your criminal lawyer to contact an attorney who
is familiar with the licensing statutes and the attitude the board
towards DUI and chemical dependency. In some cases, a proactive
approach can overcome the department's presumption that an arrest or
conviction for DUI means that you are chemically dependent and need
to be in a monitoring program or under a disciplinary order. Our
firm can recommend criminal attorneys who are experienced in dealing
with IDFPR.
I
was fired because I was accused of, or caught, diverting controlled
substances. How will this affect my professional license?
Under these circumstances, the potential for the filing of criminal
charges by state or federal authorities, the filing of misconduct
charges by your licensing agency, an attempt by the DEA to revoke
your controlled substances license and the loss of your ability to
seek reimbursement from Medicare and Medicaid are all possibilities.
You need to obtain competent legal representation immediately to
intervene on your behalf and help you proceed through the process.
Whether you admit to or deny the allegations, whether you want
recovery help or not, this is not a situation you should try to
handle by yourself. Moreover, once you are represented by an
attorney, the authorities are prohibited from talking to you unless
you knowingly waive your right to have counsel present.
As a result of an
IDFPR disciplinary action against me, the insurance companies are
dropping me as a network provider. Do I have any recourse?
Insurance
companies view a variety of disciplinary actions differently.
Knowing the insurance company and the findings contained in the
disciplinary record are crucial. The facts and circumstances
surrounding the misconduct can also determine the outcome.
Successful appeals, reapplications and continued participation can
often be achieved via forceful advocacy, with the proper assertion
and use of mitigation evidence. These appeals and notices are best
handled by an experienced attorney, as the recent imposition of a
disciplinary sanction puts you at a distinct disadvantage when
representing yourself.
I am
applying for a professional license and I have a criminal record.
Can I be licensed?
This is a
complicated matter and is at the heart of a great many licensure
disputes and disciplinary actions brought against licensees.
Generally, sex offenders have the hardest time getting licensed, as
do individuals who have committed a fiduciary crime or a crime that
involves moral turpitude. The burden is not necessarily
insurmountable, but it is a process that is best handled by an
attorney with experience in this area. Many agencies will issue
probationary, provisional or restrictive licenses after an initial
hearing on your current moral character and fitness. It is wise to
have counsel to help you prepare your application and advocate for
you through the process of gathering mitigating and rehabilitative
evidence.
The IDFPR
wants to suspend or revoke my license. What should I do?
Hire a lawyer who is
experienced in dealing wit the IDFPR. When the department becomes
aware that they will have a fight on their hands, sometimes their
position towards the disciplinary process is altered. In serious
cases they will proceed anyway, but often the reality of a long
fight tends to aid in negotiations or settlement. In any event, your
license is your livelihood and to give up your privileges without
the fair assertion of your rights is tantamount to quitting.
Finally, it is the department's burden to prove that you are not fit
to practice in order to revoke your license; it is your attorney's
job to prove tha tyou are fit upon reapplication. A good strategy
would be to keep the burden on the agency while gathering defensive,
mitigation and rehabilitative evidence.
For more
information visit our Professional Regulation Website:
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Law Offices of Michael V. Favia &
Associates
5045 N. Harlem Avenue Chicago, IL 60656
Phone (773) 631-4580 -- Fax (773) 631-7776
Additional office locations in Chicago Loop, Northwest Side,
Northbrook and Hinsdale
E-mail: favia@lawyer.com
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