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, the Disciplinary Board shall issue an order authorizing the Division to enter upon the business premises of a physician licensed under this Act to inspect the physical premises and equipment and furnishings in those 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 business shall:

1)         Be in writing;

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

3)         State one or more grounds for discipline alleged to be violated;

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 within reasonable business hours;

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; and

4)         Identify with specificity the equipment and furnishings to be inspected.

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.

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