Ill. Admin. Code tit. 68, § 1285.205 - Complaint Committee

a) There shall be a Complaint Committee of the Board composed of the Medical Coordinators established by Section 7(g) of the Act, the Chief of Medical Investigations (person employed by the Division who is in charge of investigating complaints against physicians and physician assistants), and at least two voting members of the Board (at least two of whom shall be physicians) designated by the Chairperson of the Board with the approval of the Board. The Chief of Medical Prosecutions, or their designee, shall participate in the Complaint Committee to fulfill the duties under subsection (c)(3).

b) The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c). At least two members of the Board shall be in attendance in order for any business to be transacted by the Complaint Committee. The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each item on its agenda.

c) The Complaint Committee shall have the following duties and functions:

1) To recommend to the Medical Board that a complaint file be closed.

2) To refer a complaint file to the office of the Chief of Medical Prosecutions for review.

3) To make a decision in conjunction with the Chief of Medical Prosecutions regarding action to be taken on a complaint file.

4) In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider the following factors, but not be limited to: sufficiency of the evidence presented, prosecutorial merit under Section 22 of the Act, and insufficient cooperation from complaining parties.

Notes

Ill. Admin. Code tit. 68, § 1285.205

Amended at 29 Ill. Reg. 18823, effective November 4, 2005

Amended at 48 Ill. Reg. 18129, effective 12/13/2024