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What are the steps for restoring a disciplined license to active, undisciplined status?

Wednesday, July 19, 2017   (0 Comments)
Posted by: Adrienne J. Hersh, JD
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Q.:  What are the steps for restoring a disciplined license to active, undisciplined status? 

 

A.:  Discipline that is imposed for a definite term, such as “probation for a period of two years,” terminates on its own without action on the licensee’s.  Discipline that is described as “indefinite” will remain unless and until the licensee takes formal steps to end it.  Indefinite discipline may have no minimum, which means the licensee may file a Petition for Restoration at any time.  Other discipline orders may require a minimum amount of time (for example, “indefinite probation for a minimum of two years”), which means that the IDFPR will not restore the license until the expiration of the minimum period.

 

Restoration of a license is initiated by the licensee’s filing of a Petition for Restoration with the Illinois Department of Financial and Professional Regulation (IDFPR).  A Petition for Restoration is a public document that starts a formal case at the IDFPR.

 

Restoration cases proceed in the same way as formal discipline cases.  Therefore, after the Petition for Restoration is filed, the case is assigned to an IDFPR prosecutor and set for a preliminary hearing before an administrative law judge.  At the preliminary hearing, the prosecutor may indicate whether the IDFPR is willing to negotiate a consent order or whether the IDFPR is contesting the restoration. 

 

If the IDFPR is willing to negotiate an agreed consent order, the case will be set for an informal conference with the IDFPR prosecutor and a Medical Disciplinary Board member.  The petitioner-licensee should present proof that he or she has been sufficiently rehabilitated to be able to practice with reasonable judgment, skill and safety.  At the end of the conference, the prosecutor and Board member will make a recommendation as to whether the license should be restored to active status, or restored to a lesser discipline (such as a suspension reduced to a period of probation with conditions), or not restored.

 

Most cases are resolved by consent order.  This usually means that the IDFPR and the licensee come to a compromise about the change in status of the license.  However, if the IDFPR contests any change in status (restoration) of the license, the matter will be set for formal hearing before an administrative law judge.  The petitioner-licensee must provide evidence that he or she has been sufficiently rehabilitated to practice safely.  The full Medical Disciplinary Board will review the evidence and make a recommendation to the agency Director, and the Secretary of the IDFPR will issue a final administrative order, which is appealable to the circuit court in the licensee’s county.

 

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