Court Upholds IDFPR Sanctions Against Doctor Despite Recommendations of Medical Disciplinary Board
may 18, 2015
By: Roger Clayton
The Illinois Department of Financial and Professional Regulation (Department) filed a complaint against an Illinois physician charging him with dishonorable, unethical and unprofessional conduct, as well as inappropriate touching of a patient during medical examinations in violation of the Medical Practice Act.
After a hearing before an Administrative Law Judge (ALJ), the ALJ concluded that the Department had failed to prove the charges by clear and convincing evidence. The Medical Disciplinary Board (Board) adopted the ALJ's findings in its recommendations to the Director of the Department.
Despite this, the Director issued an order finding sufficient evidence to prove the Department's charges and ordered the physician's medical license suspended indefinitely for a minimum of one year. The physician filed a complaint for administrative review in the circuit court. Following a hearing, the circuit court upheld the Director's decision and the physician appealed to the appellate court. The appellate court ruled that the Director had authority to disagree with the findings and recommendation of the Board and upheld the license suspension. Parikh v. Department of Financial and Professional Regulation, No. 1-12-3319 (Ill. App. 1st Dist., 11/04/14).
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