Section 1285.205  Complaint Committee

a)         There shall be a Complaint Committee of the Disciplinary 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 Disciplinary Board designated by the Chairman of the Disciplinary Board with the approval of the Disciplinary Board. The Disciplinary Board members shall serve one-year terms and may be eligible for reappointment for subsequent terms.

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 Disciplinary 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 Disciplinary Board that a complaint file be closed.

2)         To refer a complaint file to the office of the Chief of Medical Prosecutions (person employed by the Division who is in charge of prosecuting formal complaints against licensees) for review.

3)         To make a decision in conjunction with the Chief of Medical Prosecutions regarding action to be taken on a complaint file, including whether to proceed with an informal conference or a formal hearing.

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.

(Source:  Amended at 29 Ill. Reg. 18823, effective November 4, 2005)