Absolutely not. An IDFPR investigator is a civilian investigator who possesses no police powers.
Even a local police officer cannot compel you to stop your clinic activities and submit to an interview. You have an absolute constitutional right to remain silent, and that right applies equally to IDFPR investigators.
How To Respond When an IDFPR Investigator Arrives
The best practice is to be polite and courteous. Inform the investigator that you would be happy to answer their questions once you have contacted your attorney. Then terminate the conversation.
These are a few additional steps to take immediately:
- Copy their IDFPR credentials before anything else.
- Ask them to explain the nature of the inquiry.
- Write down their answers; this will likely unnerve the investigator and may shorten the encounter.
- Do not allow them into employee-only areas unless you are completely confident of their identity.
- Never discuss your practice with anyone you cannot verify.
The investigator must treat you with respect and dignity at all times. If the encounter becomes harassing or intimidating, say so clearly and calmly.
Most IDFPR investigators will stand down when a physician establishes firm, diplomatic boundaries up front.
[Related: 3 Key Mistakes To Avoid During a License Investigation]
What to Do if the Investigator Requests an Inspection
It is trickier if the investigator requests an impromptu inspection of your premises. Your first step is to determine whether they are authorized to conduct a controlled substances inspection.
If they are authorized, the best practice is to allow the inspection to proceed.
However, note that “inspect” means inspect only. The investigator has no authority to copy documents or remove them from your premises. You or a trusted staff member should accompany the investigator at all times.
[Related: Overprescribing Opioids and Your Illinois Medical License]
Your Rights During an IDFPR Investigative Encounter
Illinois physicians have clear rights when facing an IDFPR investigation. A civilian investigator may attempt to intimidate you into answering questions, but you are not required to answer.
Invoking your right to counsel is not an admission of wrongdoing. It is standard, prudent practice.
The IDFPR investigative process has many facets. The guidance above covers the most critical points, but every situation is different.
[Related: When Personal Beliefs Interfere with State Policies in License Regulations]
Contact Williams & Nickl for IDFPR Physician Defense
If an IDFPR investigator has approached you or your staff, act quickly. At Williams & Nickl, we focus on professional license defense for physicians and osteopaths across Illinois.
We’ll help you understand your rights and navigate the process from the first encounter forward.
Contact us online or call 312-335-9470 for a free, confidential 1-hour consultation.
Explore our case results and testimonials to see how we’ve helped Illinois physicians defend their licenses before the IDFPR.