Email Sent by IDFPR to Nurses Fails to Paint the Whole Picture

Published on by Andrew

On October 31, 2019, the Illinois Department of Financial and Professional Regulation (“IDFPR”) sent out the following email to nurses with professional nursing licenses in Illinois:

FROM: IDFPR NOTIFICATION <FPR.Notice@illinois.gov>

SUBJECT:  Nurses – asking for a friend to avoid discipline for impairment?

Greetings [Your Full Name],

Did you know a nurse may avoid discipline against their license by self-reporting impairment? Illinois law allows nurses to participate in care, counseling, and treatment for impairment if certain requirements are met, including that the licensee self-reports their impairment and/or certain adverse actions within sixty (60) days. For more information, please review the Department’s FAQS. Complete the Nursing Self-Report Form or call (312) 814-6910 to self-report.

Illinois Department of Financial and Professional Regulation
Division of Professional Regulation

Should you be worried?

Understandably, many nurses around the state were quite surprised and frightened to receive this official message from the IDFPR. However, this mass-email should not necessarily cause undue stress.

First off, this was a large-scale message sent to many, if not all, nurses with a professional nursing license in Illinois. As the email recipient, it does not necessarily mean that the Department has any information about you specifically. This email was sent to individuals with a disciplinary history as well as to those with no disciplinary history at all.

IDFPR Communication Failure: Misleading and Incomplete Information Fails to Inform

Second, the email is misleading as it leaves out important information that could inform you as a nurse. It does not define “impairment,” explain what an adverse action may be, or the full-range of outcomes that may arise from a self-report. The operative words in the email regarding care, counseling, and treatment for impairment (or, an “ACCT”) are “if certain requirements are met.” Even if you self-report within the required 60 days the Department may still decide against allowing you to enter into an ACCT and may instead publicly discipline your license.

Do not let any email from the IDFPR scare you into action without first understanding all the possible repercussions and options.

While it is important to self-report impairment and certain adverse actions, every case is different. It is also important to have guidance and representation during this time so you can be prepared to answer any questions about your case and present all of the necessary information to avoid a public discipline. Contact the attorneys of Crick Walanka Law Group to discuss your situation and what we can do to help.

Disclaimer: This web site is addressed to those who hold professional licenses issued by the Illinois Department of Financial and Professional Regulation and by similar licensing agencies in other states. Suggestions herein are, in most circumstances, valid for any type investigation, whether administrative, criminal, or civil. However, it should be noted that in some other states, one who holds a professional license may be required to submit to an investigative interview as a condition of being licensed. Whatever the circumstances, a licensed professional who becomes the subject of an investigation would be wise to immediately retain legal counsel. No content, whole or in part, is to be considered as “legal advice,” and by reading this document, no attorney-client relationship is formed with the Crick Walanka Law Group, Ltd.
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