Ill. Admin. Code tit. 68 § 1285.270

Current through Register Vol. 49, No. 1, January 3, 2025

Section 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 on the business premises of a physician licensed under the Act, the Medical Board may issue an order authorizing the Division to enter upon the business premises of a physician licensed under the Act to inspect the physical premises and equipment and furnishings on the 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 a business premises shall:

1) Be in writing;

2) Be signed by the Medical Coordinator or Deputy Medical Coordinator;

3) Allege one or more grounds for discipline under the Act;

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 during the normal business hours of the facility or office to be inspected;

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;

4) State that the order does not authorize the right of inspection of business, medical, or personnel records located on the premises and identify with specificity the equipment and furnishings to be inspected.

5) State that entry upon the business premises be done with due consideration for patient care of the subject of the investigation.

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.

Ill. Admin. Code tit. 68, § 1285.270

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

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