Siddiqui v. Department of Professional Regulation

Case Date: 09/28/1999
Court: 4th District Appellate
Docket No: 4-98-0849

Siddiqui v. Dept. of Professional Regulation, No. 4-98-0849

4th District, 28 September 1999



JAWED SIDDIQUI, M.D.,

Plaintiff-Appellant,

v.

THE ILLINOIS DEPARTMENT OF PROFESSIONAL REGULATION and LEONARD SHERMAN, Director,

Defendants-Appellees.

Appeal from Circuit Court of Sangamon County

No. 97MR314

Honorable Donald M. Cadagin Judge Presiding.

JUSTICE McCULLOUGH delivered the opinion of the court:

On October 7, 1996, the Illinois Department of Professional Regulation (Department), appellee, filed a complaint against Dr. Jawed Siddiqui, plaintiff, under the Medical Practice Act of 1987 (Medical Practice Act) (225 ILCS 60/1 et seq. (West 1992)), seeking revocation or suspension of his license to practice medicine for allowing another person, James Summers, to use his license (225 ILCS 60/22(A)(11) (West 1992)) and for aiding and abetting Summers in the practice of medicine (225 ILCS 60/22(A)(32) (West 1992)). On November 6, 1997, the Department suspended Siddiqui's license for six months. Siddiqui appeals, arguing (1) the petition should have been dismissed for technical defects; (2) Summers' actions did not constitute the practice of medicine; (3) insufficient evidence showed Siddiqui aided and abetted him in these actions; (4) the Department committed several evidentiary errors; (5) the report of the hearing officer was not properly served on him; and (6) the sanction was too severe. We affirm.

The Department's complaint alleged Siddiqui allowed Summers keys and access to his office between June 1993 and June 1995 and that, in this period, Siddiqui allowed Summers to treat and diagnose several patients, including, but not limited to Carol Underwood, Willie Hall, Ruby Hall, Regina Bell, Rita Haas, Mary Haas, Tracee Underwood, Richard Bliven, and Janet Boxderfer. The complaint alleged Siddiqui allowed Summers to write prescriptions for these patients using his name.

On November 13, 1996, Siddiqui filed a motion to dismiss pursuant to Title 68, section 1110.210 of the Illinois Administrative Code (Code) (68 Ill. Adm. Code