The state believes it’s on firmer legal footing if it has to revoke a professional license, thanks to a new law.
The law, just signed by the governor, was prompted by the case of a doctor in Glenview who had sex with, and gave alcohol and marijuana to, a 20-year-old patient.
The Department of Financial and Professional Regulation tried to revoke the doctor’s license, but a court overturned the ruling (Kafin vs. IDFPR) and gave a six-month suspension.
The new law lays out factors that can be used in aggravation, says Jay Stewart, the head of professional regulation. “These are the sorts of things we take into account, such as the
seriousness of the offense, are they multiple offenses, is there a prior history? I would call this common sense. I think what a regular person would think what should you look at when you impose discipline, those are the things we laid out,” he said.
The law also specifies that license holders must be of good moral character on an ongoing basis.
The disciplinary process for license holders involves an administrative hearing, after which the administrative law judge makes a recommendation to the director, who then makes a determination of whether to reprimand a license holder, place him on probation, or to suspend or revoke a license. The license holders can appeal the decision in court.
The new law was sponsored by State Sen. Bill Haine (D-Alton). It takes effect Jan. 1.