Chicago Lawyers Representing Clients in Professional License MattersZimmerman Law Offices P.C. has substantial experience with the Illinois Department of Financial and Professional Regulation (IDFPR), Illinois Department of Insurance, U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), and can assist you, whether you are trying to gain licensure or are in need of representation to defend your license. Contact us by e-mail or call 1-877-440-0020 to schedule a free initial consultation. Recognized as one of the "Top 40 Illinois Lawyers Under the Age of 40," attorney Thomas Zimmerman has extensive experience defending licensed professionals and corporations throughout Illinois and nationwide, including:
Clinical Laboratory Director Barred From Operating a Laboratory - The U.S. Department of Health and Human Services (HHS) entered a suspension that barred a person from operating any clinical laboratories. We challenged the decision and won a trial before an HHS administrative law judge. This was the first decision in the nation that ruled that the sanction applies only to the person who directed the lab at the time of the infractions, and that it does not apply to any former or subsequent director who did not bear ultimate responsibility for the misconduct that gave rise to the sanction. When HHS refused to honor the administrative law judge's ruling, we successfully sued the federal government in federal court to hold unlawful and set aside the sanction against the lab director. As a result, HHS removed its ban on the person and approved his application for directorship of clinical laboratories. Clinical Laboratory Inspection Reveals CLIA Condition-Level Deficiencies - A clinical laboratory was inspected by the Illinois Department of Public Health (IDPH). As a result of the inspection, the surveyors alleged that the laboratory was not in substantial compliance with certain Centers for Medicare & Medicaid Services (CMS) requirements under the Clinical Laboratory Improvement Amendments (CLIA), and the surveyors issued a Statement of Deficiencies (SOD) to the laboratory. We worked with the laboratory to improve its policies and procedures, instrument calibration, proficiency testing, and quality control, and we developed a Plan of Correction (POC) for the condition-level deficiencies. The IDPH and CMS accepted the POC as a credible allegation of compliance, and the laboratory was allowed to continue operating with no discipline imposed on its CLIA certificate even though this was the second time that the laboratory was found to be noncompliant. Dentist Accused of Patient Abandonment - A dentist was accused by the Illinois Department of Financial and Professional Regulation (IDFPR) of abandoning a patient prior to completing a pre-paid dental treatment plan. We represented the dentist, who was in the process of moving to a different office during the alleged "abandonment" of her patients. We proved that the dentist gave her patients proper notification of the office move, and the IDFPR dropped the case with no disciplinary action taken against the dentist's license. Dentist Accused of Improper Billing - The Illinois Department of Financial of Professional Regulation (IDFPR) accused a dentist of overcharging patients for services. We represented the dentist, and demonstrated that his unbundling of charges for certain dental services was proper. We convinced the IDFPR to close their file with no disciplinary action taken against the dentist's license. Insurance Agency Accused of Converting Premium Trust Money - An insurance agency was accused by the Illinois Department of Financial and Professional Regulation (IDFPR) of using its insured's premium payments to pay the agency's overhead instead of remitting the money to the insurance carrier to pay premiums for the insured's insurance policies. We successfully demonstrated to the IDFPR that a former partner of the agency had embezzled hundreds of thousands of dollars (for which he went to prison), and that the agency was not at fault for the temporary misuse of funds. No insurance policies were canceled and the agency eventually repaid the money. The IDFPR dropped the case with no disciplinary action taken against the agency's license. Cardiologist Accused of Killing a Patient - A cardiologist's license was summarily suspended by the Illinois Department of Financial and Professional Regulation (IDFPR) for alleged gross negligence and unprofessional conduct arising out of his injection of potassium chloride to a patient who was suffocating to death. We successfully appealed the ruling to the circuit court, which reversed and vacated the IDFPR's suspension based on the medical examiner's destruction of evidence which violated the doctor's constitutional due process rights. Doctor Accused of Failure to Diagnose Ankle Fracture - A doctor of internal medicine was accused of failing to diagnose an ankle fracture in a patient, resulting in a permanent injury. His medical malpractice lawsuit settlement was reported to the Illinois Department of Financial and Professional Regulation (IDFPR). We successfully defended the IDFPR case on the basis that the doctor ordered an initial x-ray which was negative for a fracture, and the patient's symptoms were consistent with an ankle sprain. When the patient's symptoms did not resolve the doctor ordered an MRI and referral to an orthopedic surgeon, which were delayed due to the patient's health insurance carrier refusing to authorize the test and referral. The IDFPR closed the case with no discipline taken against the doctor. Massage Therapist License Application Denied for Alleged Fraudulent Misstatements - After believing that she had successfully completed the curriculum of an approved massage therapy school, a woman took and passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) and applied to become a licensed massage therapist. She submitted her graduation certificate and course transcript with her application, but the Illinois Department of Financial and Professional Regulation (IDFPR) denied her application because, as it turned out, her instructor was not affiliated with the massage therapy school. We explained that the woman did not commit fraud in her application, but rather that she had been deceived by the instructor. The woman subsequently completed the curriculum of a different massage therapy school, and she became licensed. Licensed Practical Nurse Application Denied for Substance Abuse - The Illinois Department of Financial and Professional Regulation (IDFPR) denied a man's application to become a licensed practical nurse because he had previously been convicted of possession of cannabis on three separate occasions and he had a DUI conviction. We had the man evaluated by an independent addiction specialist, who rendered the opinion that the man was clean and sober and that his prior substance abuse issues would not interfere with his ability to practice as a nurse. With this evaluation, we persuaded the IDFPR to reconsider its decision and issue the license. Nurse Accused of Exceeding the Scope of Practice - A registered professional nurse performed a patient assessment and administered a vaccine to a patient. The Illinois Department of Financial and Professional Regulation (IDFPR) accused the nurse of exceeding the scope of practice. We successfully defended on the basis that the nurse was also employed as a nurse supervisor by a Home Health Care Agency (HHCA) at the time he performed the assessment and administered the vaccine. Working in that capacity, the regulations allowed the nurse to assess the patient and administer a vaccine pursuant to an HHCA policy developed in consultation with a physician. The IDFPR closed the file with no discipline taken against the nurse. Nurse Storms Out of the Operating Room During an Operation - A registered professional nurse was working as the circulating nurse in the operating room (OR) during a surgery. The surgeon was extremely rude and insulting to her, and she stormed out of the OR half-way through the surgery because she was in extreme emotional distress due to his behavior. The Illinois Department of Financial and Professional Regulation (IDFPR) accused the nurse of unprofessional conduct and patient abandonment. We successfully defended on the basis that a medical assistant remained in the OR to perform all of the circulating duties for the duration of the surgery, there was no danger to the patient, and there were no complications during or after the surgery. Additionally, we argued that the code of ethics actually required the nurse to leave the OR, as she was unable to perform her duties due to her emotional distress. The IDFPR closed the file with no discipline taken against the nurse. Nurse Accused of Disclosing Confidential Patient Information - A registered professional nurse became acquainted with a man who spent a significant amount of time in various emergency departments due to his alcoholism. His alcohol dependence was well-known, public knowledge among the numerous police officers, fire fighters, paramedics, and other health care professionals in Chicago and the surrounding suburbs. The Illinois Department of Financial and Professional Regulation (IDFPR) accused the nurse of creating a Facebook group and posting comments concerning personal information about the man after his death. We successfully defended on the basis that it was an innocuous Facebook listing that did not identify the man by name or disclose any confidential or individually identifiable health information about the man. After the nurse became aware that other people had posted inappropriate comments, she immediately disabled the Facebook listing. The IDFPR closed the file with no discipline taken against the nurse. Nurse Accused of Improper Delegation of Duties and Improper Charting - The Illinois Department of Financial and Professional Regulation (IDFPR) accused a registered professional nurse of improperly delegating her duties by allowing an emergency medical technician (EMT) to administer a shot of morphine to an emergency room patient. The IDFPR further accused of the nurse of improperly charting that she administered the drug. In representing the nurse, we explained that the EMT was permitted to administer that drug to patients outside of the hospital, the nurse was allowed to delegate that duty to an EMT in an out-of-state hospital where she formerly practiced, the nurse had recently come to Illinois and she mistakenly thought it was proper for her to delegate that duty to an EMT in Illinois, and there was no harm to the patient. The IDFPR closed the file with no disciplinary action taken against the nurse. Pharmacist Application Denied to Russian Woman - The Illinois Department of Financial and Professional Regulation (IDFPR) denied a Russian woman's application to become a licensed pharmacist. We obtained documents and sworn statements from her pharmacy school in Russia, and represented the woman in a formal administrative hearing at the IDFPR. The IDFPR administrative law judge (ALJ) upheld the denial of her license application. We appealed the ALJ's ruling to the circuit court and won. The circuit court reversed and vacated the ALJ's decision, and the court allowed the person to become licensed. As a result, this was the first time that a graduate of a Russian pharmacy school was granted a pharmacist license in Illinois. Clinical Professional Counselor Application Denied for Insufficient Education - The Illinois Department of Financial and Professional Regulation (IDFPR) denied a woman's application to become a clinical professional counselor because her master's degree college program did not have all of the required courses in its curriculum. She took an additional course after graduation to fulfill the content area deficiency, but her application was denied because that course was not part of the initial degree program curriculum. We appealed the IDFPR's denial to the circuit court, where we argued that the combination of her master's degree curriculum and the additional course met all of the educational requirements for licensure. The IDFPR reconsidered its denial of her application, and she subsequently became licensed. Clinical Psychologist Had Patient Records Stolen - The Illinois Department of Financial and Professional Regulation (IDFPR) was in possession of a clinical psychologist's confidential patient records, which had been stolen. We sued the IDFPR in the circuit court, and obtained a restraining order compelling the IDFPR to return the stolen records to the clinical psychologist. Professional Counselor License Application Denied for Insufficient Education - The Illinois Department of Financial and Professional Regulation (IDFPR) denied a woman's application to become a licensed professional counselor because she purportedly did not graduate from an approved master's degree college program. We appealed the IDFPR's denial to the circuit court, where we presented expert testimony to establish that she met all of the educational requirements for licensure. The circuit court reversed the IDFPR's denial of her application. But, the IDFPR still did not authorize her to take the National Counselor examination, so we filed a motion to hold the IDFPR in contempt of court. Thereafter, the IDFPR authorized her to take the examination, and she subsequently became licensed. Real Estate Agent Denied License Renewal - The Illinois Department of Financial and Professional Regulation (IDFPR) denied the renewal of a real estate agent's license, because the agent had not fulfilled the pre-renewal continuing education requirements mandated by the IDFPR. We advised the agent to take the required continuing education courses, and we appealed the IDFPR's decision based on the administrative regulation that allows post-renewal continuing education to be applied to the pre-renewal period. We won the appeal, and the IDFPR renewed the agent's license. Real Estate Appraiser Accused of Fraudulent Appraisal - At the request of a mortgage lender, a real estate appraiser excluded a coach-house that was on the property from his appraisal report. The Illinois Department of Financial and Professional Regulation (IDFPR) accused the appraiser of acting as an advocate for the lender by allowing the lender to select what would and would not be given consideration on the property. The IDFPR's complaint alleged that the appraiser violated the Conduct Section of the Ethics Rule in USPAP. We successfully represented the appraiser by demonstrating that the appraisal report was complete and accurate, considering his client's intended use of the appraisal, the client's direction that he include only the two-flat building in the appraisal valuation such that the "scope of work" was that physical segment only, and the appraisal report disclosed that there was a separate coach house that was not considered in the valuation. The IDFPR closed the file on the condition that the appraiser completes two continuing education classes. Real Estate Appraiser Accused of Failing to Take Required Continuing Education Classes - The Illinois Department of Financial and Professional Regulation (IDFPR) accused a real estate appraiser of failing to take the required amount of continuing education classes mandated by the IDFPR during his latest license renewal period. The appraiser took some non-approved CE from the Appraisal Institute just prior to the start of the latest renewal period. We petitioned to have that CE approved by the IDFPR and applied to the latest renewal period. The IDFPR agreed, and closed the file with no discipline taken against the real estate appraiser. Real Estate Appraiser Accused of Producing Deficient Appraisal Report - The Illinois Department of Financial and Professional Regulation (IDFPR) accused a real estate appraiser of failing to develop a credible cost approach and failing to support an opinion of the site value for the property he was appraising, in violation of Uniform Standards of Professional Appraisal Practice (USPAP). We demonstrated that the physical, functional and external conditions that factored into the calculation of the effective age of the property, and the neighborhood and market conditions affecting the marketability of the property, were all set forth in the supplemental addendum attached to the appraisal report. Although the supporting information was not set forth in the appropriate sections of the appraisal report, it was included in the addendum. We convinced the IDFPR to close the file with no discipline taken against the real estate appraiser. Real Estate Appraiser Accused of "Low Balling" a Property Valuation - A real estate appraiser was accused of developing a property valuation that was too low. The appraiser used comparable properties within a one-half mile radius of the subject property located in an urban area for the sales comparison analysis. The homeowner was not satisfied with the appraised value. In an effort to artificially inflate the value of the subject property, the homeowner wanted the appraiser to consider properties that were each located over one mile away from the subject property, and place a higher weight on a non-typical sale of a nearby property. We successfully defended on the basis that the comparable properties that were actually used by the appraiser would produce credible assignment results under Uniform Standards of Professional Appraisal Practice (USPAP) because the comparable properties located within the immediate neighborhood area of the subject property were the best indicators of its value, and the distant properties did not accurately reflect the most probable market price for the subject property. The IDFPR closed the file with no discipline taken against the real estate appraiser. Real Estate Broker Accused of Failing to Provide Required Documents - A real estate agent filed a complaint with the Illinois Department of Financial and Professional Regulation (IDFPR) alleging that a broker failed to provide the agent with a signed copy of the agent's Independent Contractor Agreement, as required by the Illinois Administrative Code. Prior to filing his complaint with the IDFPR, the agent had breached the Agreement by surreptitiously having his real estate license transferred to another broker under false pretenses and without providing any advance notice to the broker, and the broker had lodged a complaint with the IDFPR arising out of the agent's professional misconduct. We demonstrated to the IDFPR that the agent had been given a signed copy of the Agreement, and the agent's complaint was merely an attempt to exact vengeance on the broker for previously lodging a complaint against the agent. The IDFPR closed the file with no discipline taken against the real estate broker. Real Estate Broker Accused of Fraudulently Certifying His Continuing Education Compliance - A real estate broker inadvertently failed to complete the required amount of continuing education (CE) classes, and he mistakenly certified on his renewal application that he had completed all required CE. The Illinois Department of Financial and Professional Regulation (IDFPR) accused the real estate broker of fraudulently certifying his CE compliance on his renewal application, and the IDFPR denied his license renewal. We appealed the IDFPR's denial, and had the broker take additional CE classes. The broker submitted the post-application CE to the IDFPR to be credited to the pre-renewal period, pursuant to applicable regulations. The IDFPR reconsidered its denial, and issued the renewal license. Real Estate Brokerage Firm Accused of Causing a Delay in Closing on a Property - During a real estate transaction in which a buyer wanted to close on a property in a very short period of time, the buyer's bank erroneously reported to the listing brokerage firm that the buyer had insufficient funds to process the earnest money check. Based on this information, the brokerage firm postponed the closing and requested certified funds from the buyer to ensure that the earnest money would be available for the closing. The buyer complained to the Illinois Department of Financial and Professional Regulation (IDFPR), alleging that the brokerage firm acted unethically and improperly by failing to promptly deposit the earnest money check in its premium trust fund account and by causing a delay in the closing. We successfully demonstrated to the IDFPR that the brokerage firm was an innocent victim of faulty information provided by the buyer's bank, and the IDFPR closed the file with no disciplinary action taken against the broker or the brokerage firm. Real Estate Brokerage Firm Audited by IDFPR - The Illinois Department of Financial and Professional Regulation (IDFPR) conducted an on-site audit of the books and records of a real estate brokerage firm. Prior to the audit, we conducted an internal audit of the records and business practices to ensure that the licenses and identification signs were properly displayed; there were appropriate employment and independent contractor agreements between the broker and licensees sponsored by the broker; unlicensed assistants were not performing duties for which a license is required; the brokerage was properly incorporated and licensed; the brokerage agreements and listing agreements contained all of the required information; all transaction forms were appropriate and completely filled-out; the brokerage's advertising contained all required disclosures and was not misleading; all dual agency agreements were properly disclosed; all escrow money was properly and timely deposited and disbursed; the brokerage had a bookkeeping system that included a journal of money received and disbursed, transaction ledgers, monthly reconciliation statements, and a master escrow account log; all banking and escrow account records were properly maintained for the minimum period of time; and that the managing broker was exercising reasonable supervision over the activities of licensees and unlicensed assistants. We were present at the brokerage for the 2-day audit, and the IDFPR found no deficiencies in the records or business practices of the brokerage. Locksmith Agency Accused of False Advertising - The City of Chicago Department of Consumer Services filed an administrative complaint against a locksmith agency for allegedly advertising business addresses at locations within the City where the agency did not actually maintain a physical place of business. We successfully represented the locksmith agency by negotiating a deal whereby the City dropped the charge in exchange for the locksmith agency agreeing to request the removal of all addresses situated within the City at which the agency did not maintain a physical place of business from all publications listing such an address. Professional Engineer Denied Licensure for Lack of Experience - The Illinois Department of Financial and Professional Regulation (IDFPR) denied a man's application to become a licensed professional engineer because he did not have the required number of years of experience after graduating from college and prior to taking the Principles and Practice of Engineering (PPE) examination. We appealed the IDFPR's decision to the circuit court, and argued that the IDFPR had not identified the factual basis for its decision to disregard certain experience that could not be verified. The circuit court agreed, and remanded the matter back to the IDFPR with an order that the IDFPR hold a formal hearing regarding the applicant's experience. We won on remand, and the IDFPR issued the license. |
Zimmerman Law Offices, P.C.
77 West Washington St
Suite 1220
Chicago, IL 60602
Map & Directions
Phone: 312-440-0020
Fax: 312-440-4180
Email me
