Ill. Admin. Code tit. 68, § 1285.270 - Inspection of Physical Premises
a)
Upon a showing by the Division that probable cause exists that a violation of
one or more of the grounds for discipline listed in Section 22 of the Act has
occurred or is occurring, the Disciplinary Board shall issue an order
authorizing the Division to enter upon the business premises of a physician
licensed under this Act to inspect the physical premises and equipment and
furnishings in those premises.
b)
Probable cause exists upon a showing that there is a reasonable basis for
believing that a violation has occurred or is occurring. A request for an order
authorizing entry upon business shall:
1) Be
in writing;
2) Be signed by the
Medical Coordinator or Deputy Medical Coordinator;
3) State one or more grounds for discipline
alleged to be violated;
4) Identify
the premises to be entered; and
5)
Include an affidavit of a person having knowledge of facts upon which the
request is based.
c) An
order to enter business premises shall:
1) Be
executed within reasonable business hours;
2) Identify the specific investigators
employed by the Division who are authorized by the order;
3) Be valid only upon the date of issuance
and for five business days thereafter; and
4) Identify with specificity the equipment
and furnishings to be inspected.
d) Nothing contained in this Section
prohibits entry upon the business premises of any physician for inspection of
the premises or seizure of property without an order, so long as the physician
who is the subject of the inspection or seizure consents.
Notes
Amended at 29 Ill. Reg. 18823, effective November 4, 2005
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