Discipline, Grounds for Discipline, and Enforcement
Domain 5 tests grounds, process, and penalties. The Act lists grounds for discipline, the Department investigates and prosecutes, and the Secretary imposes sanctions after the Board's recommendation.
Grounds
Grounds include unlicensed practice, practicing beyond scope, gross negligence, incompetence, unprofessional conduct, fraud or misrepresentation, insurance fraud, substance impairment, violating infection-control rules, failing to meet CE, and discipline in another state. A criminal conviction that relates to practice is also grounds.
Process and sanctions
A complaint may come from a patient, an insurer, or the Department itself. IDFPR investigates; if warranted, it files a complaint and the matter goes to hearing before an administrative law judge, with the Board reviewing and recommending. The Secretary may reprimand, fine, restrict, suspend, or revoke, and may impose probation, CE, or restitution. Emergency suspension is available where public safety requires it.
Worked example
A dentist is convicted of billing fraud and continues treating patients. The conviction is a ground independent of the patients' outcome, and fraud in billing is unprofessional conduct. The Department may seek suspension while the criminal matter is resolved, and the Board's recommendation goes to the Secretary for the final order.
Traps
- Believing a Board vote is the final sanction.
- Assuming only patients can trigger a complaint.
- Thinking a minor violation cannot be disciplined; documentation and infection-control failures are cited routinely.
- Ignoring the effect of a sister-state action and the duty to report certain conduct.