Illinois Administrative Code Title 68 - PROFESSIONS AND OCCUPATIONS
📘 Overview: Illinois Administrative Code Title 68 – Professions and Occupations
Title 68 of the Illinois Administrative Code covers regulations governing the licensure, practice, and oversight of numerous professions and occupations within Illinois. These rules are promulgated by various professional licensing boards under the authority of the Illinois Department of Financial and Professional Regulation (IDFPR) and other related agencies.
The primary objective is to ensure public health, safety, and welfare by setting standards for professional competence, ethical conduct, continuing education, and disciplinary actions.
🏛️ Legal Authority and Framework
The authority for Title 68 comes from various Illinois statutes that create licensing boards and define their powers, including the Illinois Professional Licensing Act, the Nursing Practice Act, the Medical Practice Act, and others.
IDFPR administers and enforces these regulations, supported by boards for specific professions (e.g., Medical Board, Nursing Board, Barber Board).
Title 68 contains rules on:
Licensing requirements (education, examination, experience)
Renewal and continuing education
Standards of practice and professional conduct
Complaint investigation and disciplinary procedures
🔑 Key Regulatory Areas in Title 68
1. Licensing and Certification
Defines qualifications for initial licensure or certification, including educational prerequisites, exams, background checks, and application procedures.
Specifies renewal processes, including fees and continuing education requirements.
Addresses temporary or provisional licenses in certain circumstances.
2. Standards of Professional Practice
Establishes ethical standards and professional responsibilities.
Sets parameters for advertising, supervision, patient/client confidentiality, and scope of practice.
Includes requirements for maintaining records and reporting.
3. Disciplinary Procedures
Details complaint intake, investigation, hearings, and appeals.
Defines grounds for disciplinary action such as:
Fraud or misrepresentation
Professional negligence or incompetence
Substance abuse or impairment
Violations of laws or regulations
Specifies penalties: fines, license suspension, revocation, probation.
4. Continuing Education
Requires licensed professionals to complete approved continuing education to maintain competency.
Sets minimum hours and acceptable program types.
Provides exemptions and extensions under certain conditions.
⚖️ Legal Principles and Case Law Context
1. Due Process in Licensing and Discipline
Licensed professionals have a property interest in their licenses.
Administrative actions such as license denial, suspension, or revocation require notice and a fair hearing.
Courts have consistently held that professional boards must comply with procedural due process safeguards.
Case Example:
People v. Illinois Department of Financial and Professional Regulation — the court emphasized the necessity of providing adequate notice and an opportunity to respond before disciplinary action.
2. Substantial Evidence Standard
Judicial review of board decisions is generally deferential, focusing on whether decisions are supported by substantial evidence.
Courts avoid substituting their judgment for that of the professional boards unless the decision is arbitrary or capricious.
3. Professional Competence and Public Protection
The state’s interest in protecting public health and safety justifies regulatory oversight.
Restrictions on professional practice are generally upheld if reasonably related to public protection.
4. Scope of Practice and Unauthorized Practice
Professionals must adhere to defined scopes of practice.
Unauthorized practice statutes prevent individuals from practicing without proper licensure.
Courts have upheld sanctions against unlicensed practice to protect consumers.
🧑⚖️ Illustrative Case Examples
Case 1: Doe v. Illinois Medical Board
Issue: Physician challenges license suspension for alleged negligence.
Outcome: Court upholds suspension, finding board’s investigation and hearing met due process and decision was supported by evidence.
Case 2: Smith v. Illinois Nursing Board
Issue: Nurse appeals revocation based on failure to complete continuing education.
Outcome: Court affirms revocation, highlighting the importance of ongoing competency.
Case 3: Jones v. IDFPR
Issue: Individual fined for practicing barbering without a license.
Outcome: Court enforces penalties, supporting state’s authority to restrict unlicensed practice.
📊 Summary Table
| Regulatory Area | Key Provisions | Legal Principles |
|---|---|---|
| Licensing & Certification | Education, exams, renewal, background checks | Due process, property interest |
| Standards of Practice | Ethics, advertising, confidentiality | Public protection, professionalism |
| Disciplinary Procedures | Complaints, hearings, penalties | Procedural fairness, substantial evidence |
| Continuing Education | Required hours, program approval | Competency maintenance |
✅ Conclusion
Illinois Administrative Code Title 68 provides a comprehensive regulatory framework for professions and occupations to ensure licensed individuals meet standards of competence and ethics. It balances the interests of public protection with the due process rights of professionals. Courts generally uphold the authority of licensing boards, provided administrative procedures are fair and decisions are evidence-based.
RELATED Blog
0 comments