Because government is intended to work for its citizens, the public has the right to view certain documents that agencies create or receive in doing their work. In Illinois, the Freedom of Information Act (FOIA) expresses a clear policy “…that all persons are entitled to full and complete information regarding the affairs of government…access by all persons to public records promotes…transparency and accountability of public bodies…It is a fundamental obligation of government to operate openly and provide public records.” Therefore, the general intent is for agencies to disclose records. Of course, the law balances this policy with individuals’ right to privacy in their personal affairs, as well as the need for government to keep some information confidential to allow effective enforcement. For example, personal information on a license application is not publicly shared, nor does the IDFPR disclose the identity of complainants. Also, agencies are not required, in responding to FOIA requests, to create documents they don’t already have.
The Illinois Department of Financial and Professional Regulation (IDFPR) maintains a large body of licensing and investigative information about professional licensees. Some of this material is considered public, while other information is exempted by law from disclosure. In particular, the Medical Practice Act requires that investigative files remain confidential. How, then, does the IDFPR respond to public requests for information? The IDFPR follows general State of Illinois guidelines found in the Freedom of Information Act and recently adopted its own Freedom of Information Act Rules to clarify policies regarding its own records.
Keep reading with an ICS membership
This in-depth guidance is reserved for ICS members. Join the Illinois Chiropractic Society for full access to every article, CEU, compliance tool, and advocacy update.
