Please note that this article applies only to Illinois licensed professionals.
If your professional license is in jeopardy, it’s important to stay calm and know your rights. An investigation into any type of reported misconduct will certainly make you want to panic. But knowing how to handle an investigation, and consulting with a lawyer early on, can help.
You may have learned you are under investigation because an investigator from the Illinois Department of Professional Regulation (IDPR) showed up at your workplace. They may say that your questions are just routine and you shouldn’t worry. However, any scrutiny of your professional conduct must be taken seriously. After all, your career may be in jeopardy.
One of the most important things to remember is that you generally do not need to answer an IDPR investigator’s questions, or turn in any files or documents, during that initial visit. Unless they have a court order or subpoena, kindly decline these requests. You should take time to think before answering questions. And don’t sign a written statement without first talking to your lawyer. Tell the investigator that you need to postpone the interview.
It is important not to lie. It is also important to control what you say. When you learn of an investigation, you are likely to feel a range of emotions, from shock to anger and fear. If you are operating under these emotions, you may say something that will come back to haunt you. For example, your instinct may be to rationalize any potential misconduct or offer a lot of information to the investigator to show you have nothing to hide. But undergoing an interview or investigation under stress can hurt your case.
Another reason to avoid answering questions on the first visit is that you won’t have all the facts. The IDPR investigator may not tell you why he is there or what potential misconduct he is investigating. Also, you may not know for sure who is being investigated. It could be you, or it could be someone else in your office. It is important to know all the details before agreeing to an interview.
Often an investigator will be very nice and even appear to be trying to help you. However, his work is the opposite. They are there to investigate you. So try to fight the instinct to explain everything up front – you’ll have a chance to give your side of the story.