WebMDon’t: Physicians Need to Avoid These Online Professionalism Mistakes

Posted on April 19, 2017April 18, 2017 by Louis Fine

Your medical practice is thriving, and you have earned the trust and respect of thousands of patients. Except for one. This former patient was very unhappy with the care you provided. So dissatisfied was this patient that he decided to put up a scathing one-star review of you and your practice on Yelp! and other websites; a review rife with insults and factually incorrect statements. You cannot abide by this unjustified stain on your reputation, so you respond to the patient’s review on the very same sites. You share some of your own choice words about the patient, and you also correct the record about the care you provided. But in doing so, you also revealed confidential medical information about the patient, who promptly informs the Illinois Department of Financial and Professional Regulation (IDFPR) about your breach of confidentiality. Instead of letting the patient’s rant go unanswered, you now have to answer a complaint from the IDFPR that threatens your license and your practice.

The foregoing, based on an actual case, is just one example of the traps doctors can fall into with their use of the internet and social media. Over the past decade, breaches of online professionalism standards have been the subject of increasing scrutiny and disciplinary action by state medical boards.

A national survey of state medical boards revealed that the most common online activities that led to disciplinary proceedings against physicians were:

inappropriate patient communication online, including sexual misconduct
use of the internet for inappropriate practice, such as internet prescribing without an established clinical relationship
online misrepresentation of credentials
online violations of patient confidentiality
failure to reveal conflicts of interest online
online derogatory patient remarks
online depiction of intoxication

Most boards indicated that incidents had been reported to them by patients or their families, although reporting by other physicians was common as well.

While the Illinois Medical Practice does not list any online conduct as one of the 43 specified bases for physician discipline, it doesn’t need to. As the authors of the above-referenced study put it, the problems that doctors get into with the internet and social media are just “online manifestations of serious and common violations offline, including substance abuse, sexual misconduct, and abuse of prescription privileges.”

In 2013, the American College of Physicians and the Federation of State Medical Boards issued guidelines on online medical professionalism. It addresses many aspects of social media and internet use by physicians, but the single best recommendation may be this:

Pause before posting. Trust yourself, but pause before posting to reflect on how best to protect and respect patients, their privacy, and your professional relationships and responsibilities. It is helpful to think of the use of social media as a public speaking arrangement in which everything is recorded and shared.

Louis R. Fine: Chicago Physician License Defense Attorney

Throughout my career, I have been protecting the livelihoods and professional futures of physicians and other health care providers before the IDFPR, combining insight and experience with zealous and strategic advocacy.

The moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFPR prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will protect your Illinois physician’s license and get you back to your patients and your career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

A Small Number of Big Problems Make Up the Most Complaints Against Illinois Doctors

Posted on March 9, 2017March 9, 2017 by Louis Fine

There are 43 specified grounds for disciplinary action against Illinois doctors set forth in the state’s Medical Practice Act. Running afoul of any one of those grounds can result in career-altering action by the Illinois Department of Financial and Professional Regulation (IDFPR). More often than not, the genesis of disciplinary proceedings against Illinois physicians come from citizen complaints. And while a typical year will see at least one complaint involving each of the statutory bases for discipline, some violations, as Orwell might say, are more equal than others. Knowing what the most common complaints are can help Illinois doctors redouble their efforts at avoiding mistakes or misunderstandings that can put their practices at risk.

If You Practice Medicine in Illinois, You Will (Likely) Be the Subject of a Complaint

Over the course of a career, even the most outstanding doctors are likely to face at least one complaint about their conduct by a patient or other individual, whether in the form of a filing with the IDFPR or in a civil medical malpractice complaint. The Board receives approximately 3,000 complaints against Illinois doctors every single year. The majority of those complaints are citizen complaints submitted in writing or through the IDFPR website. Complaints also come from other state agencies, from licensing and regulatory boards in other states, and as mandatory reports from professional liability insurers, professional associates, hospitals, or other health care institutions.

Unprofessional Conduct and Substandard Care Lead the Pack

According to IDFPR statistics, 75 percent of the total number of complaints it receives arise from the same 10 alleged violations of the Act. The most common complaint against Illinois physicians received by the Department are allegations of “unprofessional conduct,” or, as set forth in the Act, “engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public.”

Within this broad and somewhat ambiguous definition, some of the more common examples of “unprofessional conduct” that can lead to the suspension or revocation of a physician’s license or other disciplinary action include:

Physician abuse of a patient
Inadequate record keeping
Falsifying records
Fraudulent insurance, Medicare, or Medicaid claims
False or misleading advertising
Prescribing drugs in excess or without legitimate reason
Failing to meet continuing medical education requirements
Dishonesty
Conviction of a felony
Delegating the practice of medicine to an unlicensed individual

Complaints about the quality of care provided by a doctor grievances – substandard care, improper care, misdiagnosis, delayed treatment, incompetence, etc.- are right behind allegations of unprofessional conduct. Sexual misconduct and substance abuse issues also are the subject of an alarmingly high number of complaints to the Department.

Whatever the basis of a complaint, and regardless of whether you believe it has any merit, if the IDFPR has become involved, you need an experienced Illinois physician licensure defense attorney to become involved. With so much at stake, trying to go it alone before the Department is a mistake from which you may never recover.

Louis R. Fine: Chicago Physician License Defense Attorney

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Dreams Deferred: Avoiding and Fighting Illinois Professional License Application Denials

Posted on February 8, 2017February 19, 2017 by Louis Fine

You have studied and sacrificed. You have put hours upon hours and years upon years into your education and training in order to practice your chosen profession or occupation. You’re ready to begin your career and serve your clients or patients. But you can’t do that unless you receive a license from the Illinois Department of Financial and Professional Regulation (IDFPR). And if the IDFPR denies your license application, all you’ve worked so hard for is at risk.

Applying for a professional license in Illinois can be a complicated process, and any number of missteps can lead the Department to reject your application. While the receipt of an “Intent to Deny” letter from the IDFPR is not necessarily the end of the road for your career dreams, it does mean that the process can become much more difficult and involved. That is why it is so important to make sure that your initial application is complete, truthful, and satisfies all necessary requirements.

Incomplete or Untruthful Applications

The IDFPR is responsible for reviewing license applications in 235 separate categories covered by 61 different professional license acts. While there are many application requirements that are profession or industry specific, some requirements apply universally across all licenses and professions. The most fundamental of these is the duty, under penalty of perjury, to provide answers that are “true, correct, and complete.” If you lie on your application; if you fail to provide relevant information about your criminal history, prior disciplinary or licensing issues in other states, or other relevant information, your application stands a very good chance of being denied.

Criminal History and Past Conduct

The Department can refuse to issue a license or grant a registration if an applicant has been convicted of any crime that is a felony (although recent changes in the law may reduce the chances of a denial on this basis; or that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.

The IDFPR will review the circumstances of an applicant’s criminal history and issue a decision on whether or not the information provided disqualifies the individual from licensure, registration, or practice. By the Department’s own admission, this is a highly subjective, and thus unpredictable, standard.

Similarly, an applicant can be denied a license for “engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.” This too is a highly subjective analysis which can make fighting a denial on this basis a challenging task.

Fighting a Denial

If the Department believes that there is a reason your application should be denied, it will send you an “Intent to Deny” letter. You then have 30 days to respond to the letter to contest the denial and request a hearing. AT such a hearing, you have the opportunity to explain your case and to provide additional information or to answer questions the Department may have.

You should not engage in this process without the assistance of an experienced professional license defense attorney. If your application is again denied at this stage, you could find yourself and your application tied up in administrative limbo for a long time. An experienced IDFPR lawyer will know how make the best case and increase the chances that your application will be approved. Your reputation, career and livelihood are at stake. Now is not the time to take a flyer and hope for the best.

Louis Fine: Chicago Professional License Defense Attorney

As a former Chief Prosecuting Attorney and administrative law judge for IDFPR, I have seen the serious consequences that an Illinois professional license application denial can have on those who have invested so much. I understand how and why the Department decides to deny applications and can assist you at every stage of the process, beginning with the preparation and submission of your initial application.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation.

Past Felonies May No Longer Be a Licensing Hurdle Under New Illinois Laws

Posted on January 16, 2017January 15, 2017 by Louis Fine

The consequences of a felony conviction go far beyond hefty fines, significant fines, and restrictive probation terms. A long-ago lapse in judgment that led to a conviction can be a burden for decades; a stain on your reputation that can hinder your attempts to move forward with your life. This is especially true in the context of career and employment opportunities. Fortunately, recently enacted Illinois laws have made it easier for some individuals to rebuild their lives and pursue their professional dreams, earlier felonies notwithstanding.

Felonies No Longer Automatic Bar for Health Care Workers

Prior to January 1 of this year, a felony conviction would mean that professional licenses for certain health care workers would automatically be denied or revoked by the Illinois Department of Financial and Professional Regulation (IDFPR).

Under legislation that became effective at the start of 2017, however, most felony convictions will not be an insurmountable hurdle for Illinois health care workers who are required to have a professional license, including:

Physicians
Dentists
Nurses
Occupational therapists
Optometrists
Pharmacists
Physical therapists
Physician assistants
Psychologists
Clinical social workers

The new law establishes a review process that allows applicants and licensees to present information proving they have been rehabilitated from their previous convictions. The IDFPR will review petitions for licensure and the impact of a prior felony conviction on a case-by-case basis, taking into consideration such things as the seriousness of the offense, voluntary remedial actions taken by the applicant, and prior disciplinary history.

Illinois health care workers whose licenses have been revoked because of a felony conviction may petition the IDFPR to restore their license if more than 5 years have passed since the conviction or more than 3 years have passed since the health care worker’s release from confinement for that conviction, whichever is later.

The new law doesn’t apply to certain individuals, however, including registered sex offenders or people who have been convicted of criminal battery against any patient who was being treated. Such individuals will be permanently denied professional licenses under the law.

A separate law, also effective January 1, provides that the IDFPR can take a past felony conviction into account when deciding whether to issue a license only if the offense relates to the kind of work the applicant is seeking to do. The department will also be required to issue a written decision if it rejects an applicant based on a past conviction. The law covers licenses for funeral directing and embalming, roofing contracting, cosmetology, esthetics, hair braiding, nail technology and barbering.

If you have had an application for an Illinois professional license denied or a previously issued license revoked due to a felony conviction, these new laws offer you a chance to continue with your career. An experienced Illinois professional licensing attorney can help you through the process.

Louis Fine: Chicago Professional License Defense Attorney

As a former Chief Prosecuting Attorney and administrative law judge for IDFPR, I have seen the serious consequences that an adverse enforcement decision can have on professionals who suddenly find their future in disarray. I understand how and why the Department decides to pursue investigations, how it handles negotiations, and how to approach formal proceedings in a way that gives my clients the best possible chance of a positive and expeditious outcome.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. Together, we will get you back to your clients and your career.

Defending Yourself Before the IDFPR is a Gamble You Can’t Afford

Posted on September 20, 2016September 19, 2016 by Louis Fine

If you f gamble ind yourself on the receiving end of a complaint, the subject of an investigation, or facing a disciplinary proceeding before the Illinois Department of Financial and Professional Regulation (IDFPR), don’t bother defending yourself.

That’s not to say your license, reputation, and career aren’t worth fighting for; quite the opposite, actually. But the policies and procedures that govern IDFPR investigations, hearings, and imposition of sanctions are unique and complicated, and often times unwritten and informal; even skilled and experienced attorneys who do not practice before IDFPR can find themselves at a loss when dealing with licensure issues. You may be the target of a completely meritless client/patient complaint; you may have all of the facts on your side and the documentation or witnesses to prove it. But all of your arguments and evidence may never see the light of day if you don’t know the proper way to present your case.

Your lack of knowledge of the process and how IDFPR prosecuting attorneys think and work also means you may miss out on opportunities to resolve your case sooner, cheaper, and with a more positive outcome. The ability to effectively reach a negotiated resolution with prosecutors depends on understanding the range of consequences, the risks involved in proceeding to a full hearing, and the likelihood of obtaining a successful result. Unless you have had extensive experience defending your professional license (which is hopefully not the case), you will be at an overwhelming disadvantage in negotiations with IDFPR prosecuting attorneys.

Even worse, the process can be manifestly unfair and stacked against you. Experienced and aggressive prosecutors have your license in their sights, and the hearing officer who will determine your fate is not necessarily independent and unbiased. IDFPR hearing officers are employed and paid by the IDFPR, just as the prosecuting attorneys are. Whether a hearing officer is consciously biased or not, the fact that their paychecks are coming from the very same folks who are seeking to discipline a respondent creates an implicit conflict of interest and calls into question the fairness of the entire process.

You are no doubt smart and know your profession well, but don’t make the mistake of thinking that you can or should handle an IDFPR investigation on your own. Your reputation, career and livelihood are at stake. Now is not the time to take a flyer and hope for the best.

Louis Fine: Chicago Professional License Defense Attorney

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. Together, we will get you back to your clients and your career.

Illinois Dentists: Brush Up on These Tips If You Get a Notice From IDFPR

Posted on July 12, 2016July 12, 2016 by Louis Fine

If you’re an Illinois dentist or other medical professional, there are three things you don’t want to see when you pick up your mail: junk mail, bills, and an unexpected envelope from the Illinois Department of Financial and Professional Regulation (IDFPR). The first is annoying; the second is the cost of doing business; but the third could cost you your practice, your reputation, and your career if you don’t handle things properly.

When you open that envelope and see that a complaint has been lodged against you and/or that you are under investigation, you have a critical choice to make. You can react emotionally and angrily; with righteous indignation at the complaining patient, the Board of Dentistry, or the IDFPR. Or you can do the right things that can help you whether the storm, effectively and rationally address the issues, and resolve the matter efficiently so you can get back to treating your patients.

If you are under investigation or have been accused of violations of the Illinois Dental Practice Act (the “Act”), acting out of emotions such as fear or anger can only make the situation worse and create problems that would not have existed had you only proceeded in a calm, thoughtful, and responsive way. So, keep these tips in mind if and when you find out you are being investigated by the IDFPR:

Keep calm and carry on. While your heart may start beating faster when you get a complaint or notice of investigation, don’t panic. One, panic and irrationality rarely lead to good things and wise decisions. More importantly, panic is likely unwarranted. Many if not most IDFPR complaints and investigations against Illinois dentists are resolved either after an informal hearing or without any action being taken at all. Not that you shouldn’t take the matter seriously, retain experienced license defense counsel, and respond in a complete and timely manner. But keep in mind that during a long and successful dental career, you’ll have treated hundreds if not thousands of patients for any number of reasons. A complaint can arise from a cleaning as much as it can come from a root canal, and may be based on absolutely nothing of substance. Remember that as you try to return your blood pressure to normal.

Address the issue. As unfounded as you believe a patient’s complaint or the IDFPR’s basis for investigating you may be, ignorance is not bliss. Failing to respond – or responding in a dismissive and contemptuous manner – just because you believe the matter to be bogus will create problems where perhaps none existed. Don’t angrily crumple up the letter or shove it in your desk drawer. Failure to respond in a timely fashion to an initial IDFPR inquiry could subject you to IDFPR discipline, even if there was no merit to the underlying complaint. For example, “failing, within 60 days, to provide information in response to a written request by the Department in the course of an investigation” is itself a basis for revocation or suspension of a dental license under the Act.

Bite your tongue. One of the worst things you can do is respond directly to or take any adverse action against the patient or other individual who filed the complaint with IDFPR. Don’t stop treating a patient without doing so in accordance with the rules governing the profession, as “abandonment of a patient” is one of the 38 specified bases for license suspension or revocation set forth in Section 23 of the Act, along with such potentially retaliatory actions as “irregularities in billing” and ”immoral conduct.”

Get an IDFPR defense lawyer. The policies and procedures that govern IDFPR investigations, hearings, and imposition of sanctions against dentists and dental hygienists are unique and complicated, and often times unwritten and informal. The rules can also be terribly unfair. Even skilled and experienced attorneys who do not practice before IDFPR can find themselves at a loss when dealing with licensure issues. You are no doubt smart and know your profession well, but don’t make the mistake of thinking that you can or should handle an IDFPR investigation on your own. Your reputation, career and livelihood are at stake. Now is not the time to take a flyer and hope for the best. Call an experienced Illinois dentist and health care provider license defense attorney as soon as possible after you’ve received that dreaded letter, and let them ease your fears and take the steps necessary to protect your license and your future.

Louis Fine: Your Chicago IDFPR Attorney

The moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFRP prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will get you back to you patients and dental career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

The “F” in IDFPR Doesn’t Stand for “Fair”

Posted on July 5, 2016July 5, 2016 by Louis Fine

You probably know that under the Fifth Amendment to the U.S. Constitution, no person shall be “deprived of life, liberty, or property, without due process of law.” While the Fifth Amendment only applies to the federal government, the Fourteenth Amendment provides identical protections from unfair deprivation of those things by a state.

The Illinois Department of Financial and Professional Regulation (IDFPR) is a body of the state of Illinois.

Your professional license is your property. In many respects, it is also your life and liberty. It is what allows you to fulfill your life’s work and provide for your family.

It certainly should be. But it most definitely isn’t in a number of key respects.

If you receive notice from the IDFPR that you are under investigation or that disciplinary proceedings have been commenced against you, don’t count on the IDFPR to be looking after your rights. Don’t think that you will be provided with the same due process protections that you would receive in a criminal prosecution or the broad rights to seek and obtain evidence that you would get in a civil lawsuit.

The IDFPR Can Limit Your Ability to Defend Yourself

The IDFPR’s procedural rules and practices put licensees at a sometimes crippling disadvantage in disciplinary proceedings. Perhaps the biggest example of this unfairness is the discovery process.

The process of investigating, obtaining evidence, and eliciting testimony relevant to a case – whether it be a civil, criminal, or administrative proceeding like IDFPR disciplinary hearings – is known as “discovery.” It’s how the parties find out the facts, whether they help or hurt their respective cases. It is a fundamental aspect of fairness, and if a party is not permitted to fully develop the evidence necessary to support their case or challenge the evidence obtained by the other side, it is an inherently unfair process.

In formal IDFPR disciplinary proceedings, the licensee’s ability to pursue the discovery necessary to defend themselves is extremely limited. In fact, the extent of allowable discovery is determined by the very people who are prosecuting the case. Once the Department provides names of witnesses, including the name of any individual whose complaint may be at the heart of the proceedings, a respondent cannot take their depositions unless the Department’s attorney agrees. If the Department nixes a deposition request, that means the respondent will not be able to confront that witness, learn what his testimony will be, or attack the veracity of his testimony until the actual hearing. That is manifestly unjust and leaves a respondent and their attorney fighting with one arm tied behind their back.

Similarly, if there are witnesses that the licensee wishes to subpoena for testimony, those subpoenas have to be authorized and approved by the Department. Again, the very people seeking to deprive someone of their professional license can also deprive them of their ability to defend themselves.

Hearing Officers Are Not Independent

While it is the job of IDFPR’s prosecuting attorneys to enforce professional regulations and pursue disciplinary action against licensees, it is the hearing officer’s job to preside over those proceedings fairly and objectively without favoritism or bias. The problem is the hearing officers are not independent. They are employed and paid by the IDFPR, just as the prosecuting attorneys are. Whether a hearing officer is consciously biased or not, the fact that their paychecks are coming from the very same folks who are seeking to discipline a respondent creates an implicit conflict of interest and calls into question the fairness of the entire process.

With the deck so stacked against licensees, it is absolutely crucial that you retain an experienced IDFPR defense attorney to defend your rights, your license, and your livelihood if you find yourself in the Department’s sights.

Louis Fine: Chicago Professional License Defense Attorney

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Illinois Nurses: Take Care of How You Treat the IDFPR or Risk Losing Everything

Posted on May 26, 2016May 26, 2016 by Louis Fine

There are lots of things you can look forward to in the mail – birthday cards, paychecks, that cool thing you just ordered from Amazon. But if you are a nurse in Illinois, an unexpected envelope from the Illinois Department of Financial and Professional Regulation (IDFPR) is not one of them. There’s a good chance that the envelope contains either a complaint which a patient has lodged against you and/or a notice that you are under investigation for alleged violations of your professional obligations.

Whether you are a Registered Professional Nurse (RN), Licensed Practical Nurse (LPN), or Advanced Practice Nurse (APN), don’t panic if that envelope does come and make sure you avoid these other IDFPR “don’ts” as well. But you’d rather not get such potentially devastating news in the first place.

In addition to the many bases for disciplinary action that are related to the performance of your duties as a nurse, there are also many ways to get in trouble related to your duties to the IDFPR. The IDFPR does not like being ignored, lied to, or denied information relevant to your license and professional history. Here are three ways your interactions with the IDFPR can lead them to threaten your ability to continue practicing:

Ignoring the IDFPR. Burying your head in the sand is the worst possible thing you can do if and when the IDFPR contacts you. You are subject to discipline if you:
- Fail, within 90 days, to provide a response to a request for information in response to a written request made by the IDFPR by certified mail.
- Fail to report to the IDFPR any final disciplinary action taken against you by another licensing jurisdiction, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
- Fail to report to the IDFPR your surrender of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction.
- Failing, within 60 days, to provide information in response to a written request made by the Department.
Burying bad news. If you are disciplined in another jurisdiction, you need to report that to the IDFPR. They say the cover up is always worse than the crime, so make sure that you:
- Report to the IDFPR any final disciplinary action taken against you by another licensing jurisdiction, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
- Report to the IDFPR your surrender of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction.
Lying. Period. You lie or intentionally deceive the IDFPR, you will lose your license; it’s just that simple. Specifically:
- Material deception in furnishing information to the Department.
- Fraud, deceit or misrepresentation in procuring or applying for a renewal of your license.
- Attempting to subvert or cheat on a licensing examination.
- The use of any false, fraudulent, or deceptive statement in any document connected with your practice.
- Willfully making or filing false records or reports in your practice, including but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.

In addition to your communications directly with the IDFPR, your communications to the world at large through social media can put your license at risk. What you post on Facebook, Twitter, Instagram or other social media platforms can be used as evidence against you in any disciplinary action brought by the IDFPR. Depending on what you post, you social media use can itself be a basis for discipline if it violates patient confidentiality, reflect immoral conduct relating to your practice, or otherwise violates any other basis for discipline as set forth in the Illinois Nurse Practice Act.

Louis R. Fine: Chicago Nursing License Defense Attorney

If you’re a licensed Illinois nurse, the moment you are contacted by IDFPR or learn that you are under investigation is the moment that you should contact me. I will immediately begin communicating with IDFRP prosecutors and work with you to develop the strategy best suited to achieving the goal of an efficient, cost-effective outcome that avoids any adverse action. Together, we will protect your license and get you back to your patients and your career.

Please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Doctors Without Borders: Illinois Becomes 11th State to Streamline Multi-State Physician Licensure

Posted on August 19, 2015August 19, 2015 by Louis Fine

Illinois physicians seeking to practice in other states as well as out-of-state physicians looking to practice in Illinois will have an easier time doing so now that Illinois has joined 10 other states in enacting the Interstate Medical Licensure Compact Act (the “Act”).

Simplified Licensure Process

Signed into law on July 20^th by Gov. Bruce Rauner, the Act allows physicians who wish to practice in any of the states participating in the Compact to obtain multiple state licenses without going through the process of submitting a formal application or providing the same materials to each participating state medical board.

An “Interstate Medical Licensure Compact Commission,” which will be formed now that a sufficient number of states have joined the Compact, will collect applicable fees and transmit the physician’s information and licensure fees to the additional states in which the physician seeks to practice. Those states would then make the licensure decision.

Promoting Telemedicine

The driving force behind the Compact is the increasing use of telehealth technology by doctors and other health care professionals who are generally prohibited from delivering health care services through telemedicine to patients in states in which they are not licensed. By streamlining the licensing process and decreasing redundancy, the Compact aims to remove barriers to the use of telehealth in patient care.

11 States and Counting

In addition to Illinois, the other states that are currently members of the Compact are:

Alabama
Idaho
Iowa
Minnesota
Montana
Nevada
South Dakota
Utah
West Virginia
Wyoming

The number of states participating in this arrangement is only expected to grow, as legislation is currently pending in Maryland, Michigan, Nebraska, Oklahoma, Rhode Island, Texas, Wisconsin and Vermont that would bring those states into the Compact’s fold.

Louis Fine: Your Chicago Physician and Health Care Licensure Attorney

As a former chief prosecuting attorney and administrative law judge for the Illinois Department of Financial and Professional Regulation (IDFPR), and with experience both prosecuting and defending doctors and other health care professionals before IDFPR, I understand how the Department handles licensure matters, why it decides to pursue investigations, how it approaches negotiations, and how to handle formal proceedings in a way that gives my clients the best possible chance of a positive outcome.

If you are a physician or health care profession and have questions or concerns about a licensure matter, please give me a call at (312) 236-2433 or fill out my online form to arrange for your free initial consultation. I look forward to meeting with you.

Your Choice of a Lawyer Matters. Here are Four Qualities to Look For.

Posted on April 6, 2015September 6, 2017 by Louis Fine

I meet with new clients and potential new clients on an almost daily basis. When I do, I know that the reason they are in my office is because they have important issues that need to be addressed; issues that can have a profound impact on their career, family, and future.

I also know that the decision as to which attorney they hire to assist them is one that they don’t, and shouldn’t, take lightly. There is no question that the quality and competence of an attorney can play a significant role in the outcome of a given matter, and how that attorney approaches his practice and relationship with clients can make the difference between peace of mind and constant worry.

Based on my experience, here are some qualities you should consider if you are in the process of looking for an attorney:

Knowledge of the Law. It goes without saying that your lawyer should know what he’s doing, and that includes keeping up to date on new developments and approaches. The law is constantly changing; new legislation, court decisions, rules, and guidelines come out all the time. It is crucial to hire a lawyer who not only understands the law as it is but who is aware and alert to the impact of changes which may take place.
Experience. So much of what happens in a legal matter is not based on things that can be found in books; knowing the nuances of both the law and the reality of practice is crucial to obtaining successful results. Look for a lawyer who knows their way around the courthouse, hearing room, or conference room. Look for a layer who knows how things work, and knows how things get done. Sound judgment and insight isn’t learned at a seminar. That is something that only comes from years of experience.
Communication. You no doubt have many questions about your situation, what may happen next, and what the plan should be going forward. Throughout your case, you’ll want to know that when questions and concerns come up, your attorney will be there, available and ready to answer and resolve them. You also want a lawyer who will actually listen to you and who will take the time to understand your needs and goals.
Empathy and Trust. When you meet with a lawyer, you are not there necessarily to discuss a case or a file; you are talking about your life. You want an understanding and compassionate lawyer who you can speak to about your concerns and issues and you want to feel as if they truly care and understand what is at stake. Choose an attorney who makes you comfortable, who is trustworthy and ethical, who you feel will truly expend all necessary efforts on your behalf, and who gives you a feeling of peace of mind every time you leave his office or hang up the phone after speaking with him or her.

The attorney-client relationship is a unique and important one, and the trust you place in your lawyer is something he or she should value and work every day to earn.