You’ve just received a Deficiency Notice from the Illinois Department of Financial and Professional Regulation (IDFPR).
The fear hits fast: A large government agency is coming after the license you worked so hard to earn. You worry about your patients, your profession and your livelihood.
It’s an overwhelming moment, and it’s okay to feel that way.
Common allegations against nurses and nursing students include the following:
- Negligence or violations of care
- Mental impairment
- Violations of state or federal confidentiality statutes
- Criminal conviction or DUI arrest
- Sexual misconduct
- Substance abuse
These are serious charges, but you have rights, and you don’t have to face this alone.
Here are the top 10 things nurses (RN, LPN or APN) and nursing students can expect during an IDFPR disciplinary hearing.
[Related: Reasons Your Nursing License Can Be Suspended]
Before the Hearing: What You Need To Do Now
1. Hire an Experienced Attorney
It is critical that nurses and nursing students hire a lawyer who specializes in IDFPR licensing cases. These are complex administrative hearings, entirely different from civil lawsuits. You need the most specialized expert you can find.
As the saying goes, you don’t hire a dermatologist for brain surgery.
2. Prepare Thoroughly
Preparation is everything. Work with your attorney to gather evidence, identify and prepare witnesses, and build the strongest possible defense. The outcome of your hearing often depends on how well you prepare before you walk in the door.
[Related: Actions To Avoid if Your Professional License Is Under Investigation]
During the Hearing: What To Expect in the Room
3. A Formal Process
The disciplinary hearing follows specific rules and procedures. This is not an informal conversation; administrative law governs every step of the process.
4. Panel Members
The panel hearing your case consists of members the IDFPR has appointed. They are a mix of licensed professionals and public members and will weigh the evidence and reach a decision.
5. Presentation of Evidence
Both the IDFPR and you will have the opportunity to present evidence and call witnesses. This may include medical records, witness statements and expert testimony.
6. Cross-Examination
After each witness testifies, the opposing party may cross-examine them to challenge their credibility and testimony. Your attorney will work to challenge the statements made by anyone testifying against you.
7. An Adjudicative Hearing, Not a Courtroom
An adjudicative hearing is a formal legal proceeding, not a discussion or negotiation. It may feel like a courtroom, but it follows administrative law, not the civil or criminal rules you see on television.
[Related: Substance Abuse Among Illinois Physicians and Nurses: What You Need To Know]
After the Hearing: How the Panel Reaches a Decision
8. Burden of Proof
The IDFPR bears the burden of proving its case by a preponderance of the evidence. That means the evidence must show it is more likely than not, just 50.1%, that the allegations are true.
9. Potential Outcomes
Possible outcomes include dismissal of the case, a reprimand, probation with conditions, temporary suspension or permanent revocation of your nursing license.
10. The Written Decision
After deliberating privately, the panel issues a written decision. It will include two parts:
- Findings of fact — what the panel believes happened
- Conclusions of law — how the law applies to your case
Knowing what to expect at each stage gives you a meaningful advantage. The nurses who fare best before the IDFPR are those who walk in prepared, represented and informed.
[Related: Do I Need an Attorney for a Professional License Investigation?]
Contact Williams & Nickl for Nursing License Defense
If you have received a Deficiency Notice or your nursing license is under investigation, do not wait. At Williams & Nickl, we focus on nursing license defense before the IDFPR because your professional reputation and livelihood are worth fighting for.
Contact us online or call 312-335-9470 for a free, confidential 1-hour consultation.
See our case results and testimonials to discover how we’ve helped nurses like you defend their licenses before the IDFPR.