(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on January 1, 2027)
Sec. 38. Subpoena; oaths. (a) The Medical Board or Department has
power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same
manner as is prescribed by law for judicial procedure in
civil cases.
(b) The Medical Board or Department, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring, may subpoena the medical and hospital records
of individual patients of physicians licensed under this
Act, provided, that prior to the submission of such records
to the Medical Board, all information indicating the
identity of the patient shall be removed and deleted.
Notwithstanding the foregoing, the Medical Board and Department shall
possess the power to subpoena copies of hospital or medical records in
mandatory report cases under Section 23 alleging death or permanent bodily
injury when consent to obtain records is not provided by a patient or legal
representative. Prior to submission of the records to the Medical Board,
all
information indicating the identity of the patient shall be removed and
deleted. All
medical records and other information received pursuant to subpoena shall
be
confidential and shall be afforded the same status as is proved information
concerning medical studies in Part 21 of Article VIII of the Code of Civil
Procedure.
The
use of such records shall be restricted to members of the Medical
Board, the medical coordinators, and
appropriate staff of the Department designated
by the Medical Board for the
purpose of determining the existence of one or more grounds
for discipline of the physician as provided for by Section
22 of this Act. Any such review of individual patients'
records shall be conducted by the Medical Board in
strict confidentiality, provided that such patient records
shall be admissible in a disciplinary hearing, before the Medical
Board, when necessary to substantiate the
grounds for discipline alleged against the physician
licensed under this Act, and provided further, that nothing
herein shall be deemed to supersede the provisions of Part
21 of Article VIII of the Code of Civil Procedure, to the extent applicable.
(c) The Secretary, hearing officer, and any member of the Medical Board
each have power to administer oaths at any hearing which the
Medical Board or Department is authorized by law to
conduct.
(d) The Medical Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring on the business premises of a physician
licensed under this Act, may issue an order authorizing an
appropriately qualified investigator employed by the
Department to enter upon the business premises with due
consideration for patient care of the subject of the
investigation so as to inspect the physical premises and
equipment and furnishings therein. No such order shall
include the right of inspection of business, medical, or
personnel records located on the premises. For purposes of
this Section, "business premises" is defined as the office
or offices where the physician conducts the practice of
medicine. Any such order shall expire and become void five
business days after its issuance by the Medical Board.
The execution of any such order shall be valid only during
the normal business hours of the facility or office to be
inspected.
(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22 .)
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