Illinois § 7.5

§ 7.5.

Complaint Committee. (a) There shall be a Complaint Committee of the Medical Board composed of at least one of the medical coordinators established by subsection (G) of Section 7 of this Act, the Chief of Medical Investigations (person employed by the Department who is in charge of investigating complaints against physicians and physician assistants), the Chief of Medical Prosecutions (the person employed by the Department who is in charge of prosecuting formal complaints against physicians and physician assistants), and at least 3 members of the Medical Board (at least 2 of whom shall be physicians) designated by the Chairperson of the Medical Board with the approval of the Medical Board. (b) The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c) below. At least 2 members of the Medical 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 Medical Board that a complaint file be closed. (2) To refer a complaint file to the office of the Chief of Medical Prosecutions for review. (3) To make a decision in conjunction with the Chief of Medical Prosecutions regarding action to be taken on a complaint file. (d) In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider, but not be limited to, the following factors: sufficiency of the evidence presented, prosecutorial merit under Section 22 of this Act, any recommendation made by the Department, and insufficient cooperation from complaining parties. (e) Notwithstanding any provision of this Act, the Department may close a complaint, after investigation and approval of the Chief Medical Coordinator without review of the Complaint Committee, in which the allegations of the complaint if proven would not constitute a violation of the Act, there is insufficient evidence to prove a violation of the Act, or there is insufficient cooperation from complaining parties, as determined by the Department. (Source: P.A. 102-20, eff. 1-1-22.)