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| Public Act 096-1221 | ||||
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by | ||||
changing Section 25.1 as follows: | ||||
(225 ILCS 25/25.1) | ||||
(Section scheduled to be repealed on January 1, 2016)
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Sec. 25.1. Subpoena powers.
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(a) The Department, upon a determination by the chairperson | ||||
of the Board that reasonable cause exists that a violation of | ||||
one or more of the grounds for discipline set forth in Section | ||||
23 or Section 24 of this Act has occurred or is occurring, may | ||||
subpoena the dental records of individual patients of dentists | ||||
and dental hygienists licensed under this Act. | ||||
(b) Notwithstanding subsection (a) of this Section, the | ||||
Board and the Department may subpoena copies of hospital, | ||||
medical, or dental records in mandatory report cases alleging | ||||
death or permanent bodily injury when consent to obtain the | ||||
records has not been provided by a patient or a patient's legal | ||||
representative. All records and other information received | ||||
pursuant to a subpoena shall be confidential and shall be | ||||
afforded the same status as information concerning medical | ||||
studies under Part 21 of Article VIII of the Code of Civil | ||||
Procedure. The use of these records shall be restricted to | ||
members of the Board, the dental coordinator, and appropriate | ||
Department staff designated by the Secretary for the purpose of | ||
determining the existence of one or more grounds for discipline | ||
of the dentist or dental hygienist as provided for in Section | ||
23 or Section 24 of this Act. | ||
(c) Any review of an individual patient's records shall be | ||
conducted by the Department in strict confidentiality, | ||
provided that the patient records shall be admissible in a | ||
disciplinary hearing before the Secretary, the Board, or a | ||
hearing officer designated by the Department when necessary to | ||
substantiate the grounds for discipline alleged against the | ||
dentist or dental hygienist licensed under this Act. | ||
(d) The Department may provide reimbursement for fees and | ||
mileage associated with its subpoena power in the same manner | ||
prescribed by law for judicial procedure in a civil case. | ||
(e) Nothing in this Section shall be deemed to supersede | ||
the provisions of Part 21 of Article VIII of the Code of Civil | ||
Procedure, now or hereafter amended, to the extent applicable.
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(f) All information gathered by the Department during any | ||
investigation, including information subpoenaed under this Act | ||
and the investigative file, shall be kept for the confidential | ||
use of the Secretary, the dental coordinator, the Board's | ||
attorneys, the dental investigative staff, authorized clerical | ||
staff, and persons employed by contract to advise the dental | ||
coordinator or the Department as provided in this Act, except | ||
that the Department may disclose information and documents to | ||
(i) a federal, State, or local law enforcement agency pursuant | ||
to a subpoena in an ongoing criminal investigation or (ii) a | ||
dental licensing authority of another state or jurisdiction | ||
pursuant to an official request made by that authority. Any | ||
information or documents disclosed by the Department to a | ||
federal, State, or local law enforcement agency may only be | ||
used by that agency for the investigation and prosecution of a | ||
criminal offense. Any information or documents disclosed by the | ||
Department to a dental licensing authority of another state or | ||
jurisdiction may only be used by that authority for | ||
investigations and disciplinary proceedings with regards to a | ||
license. | ||
This subsection (f) applies only to causes of action | ||
accruing on or after the effective date of this amendatory Act | ||
of the 96th General Assembly. | ||
(Source: P.A. 94-409, eff. 12-31-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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