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Illinois Doc Under Investigation for Stance on School Mask Mandate

— Jeremy Henrichs, MD, says probe is improper use of government pressure

Last Updated August 26, 2021
MedpageToday
A photo of Dr. Jeremy Henrichs and the Mahomet-Seymour Schools Administrative Center building.

UPDATE: Henrichs said through a letter from his lawyers that the complaint will be dismissed when the medical board meets on Sept. 1, .

A unit of state investigators from the Illinois Department of Financial and Professional Regulation (IDFPR) has opened an investigation into sports medicine doctor Jeremy Henrichs, MD -- who also serves as an elected member of a local school board -- for his stance against an in-school mask mandate.

According to reporting from , Henrichs voted in favor of a mask-optional plan, despite the (D) at the beginning of August that requires all PreK-12 schools to enforce a mask mandate among students and faculty.

The central-Illinois-based news outlet noted that the school board, of which Henrichs is a member, voted on the issue before the CDC updated their guidelines to recommend that all students wear masks; at the recommendation of the school district attorney, the article states, the board hasn't technically voted on the new plan.

Emails shared by Henrichs and his attorney show a de-identified medical investigator from the IDFPR asking the physician to provide a detailed statement on his opinion on masks and his plans to support a mask mandate.

"The complainant appears to be a parent or concerned citizen who did not agree with the doctor's opinion on the masking motion for schools," the investigator wrote in . "This would fall under the unprofessional conduct part of the medical practice act."

The gives the agency the power to revoke medical licenses from physicians if they engage "in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public."

The Pritzker administration has said that all agencies are required to process complaints "with due diligence following standard protocols." The investigation, officials assured, will not lead to any punitive measures for Henrichs.

"The Pritzker administration has not and will not seek disciplinary action against the professional licenses of individuals who disagree with the mask mandate," the governor's spokesperson, Jordan Abudayyeh, wrote in a statement to 51˶. "Any suggestion to the contrary is baseless and misleading rumor-mongering."

And while IDFPR Public Information Officer Christopher Slaby also reiterated that the agency "respects the rights of all licensees to express their personal views on important issues and to serve as elected officials," he wrote in an email, the department will take appropriate action if it determines that a physician violated the Medical Practice Act.

Regardless of the reassurances, Henrichs believes that the probe is a misuse of government power -- one that could impact his ability to stay neutral in his decision-making going forward on the board.

"My constituents expect these decisions are made without coercion, intimidation, or undue influence by any individual or entity, whether public or private," Henrichs told WCIA.

In response to the news, Illinois State Senator Chapin Rose (R) -- after filing an ethics complaint to the Office of the Executive Inspector General -- is now an investigation into the IDFPR's investigation. Rose has reportedly known Henrichs "forever," he told The News-Gazette.

"And I'll tell you, actually, I've been a patient of him," Rose said. "And, by the way, he does wear masks in his clinical setting."

As of press time, Henrichs has not responded to a request for comment from 51˶; however, in a prepared statement to the media, he said that the IDFPR has commanded him "to 'toe the line' or suffer personal and professional consequences."

"The IDFPR's actions constitute a direct threat from the state to the well-being of my family and all board members to freely and independently exercise the duties of elected office," Henrichs added.

In the same week, it's been that dozens of Illinois public school districts have been put on probation for refusing to comply with the governor's order; local community members are pleading with the Illinois State Board of Education to let them decide on COVID-19-related issues.

But, at a recent board meeting, Superintendent Carmen Ayala maintained that the mask mandate is not up for debate.

"Right now, across the country, and especially in states with no mitigations in place, we're seeing pediatric ICUs at capacity. We're seeing hospitals having to turn away cancer patients and heart attack victims because they have no beds available," she said. "Masking works. It's simple, easy, and effective ... And it works best when everyone in the school building wears a mask."

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    Kara Grant joined the Enterprise & Investigative Reporting team at 51˶ in February 2021. She covers psychiatry, mental health, and medical education.