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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5894
Introduced 2/6/2004, by Michael P. McAuliffe, Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 25/9 |
from Ch. 111, par. 2309 |
225 ILCS 25/25 |
from Ch. 111, par. 2325 |
225 ILCS 25/25.1 new |
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Amends the Illinois Dental Practice Act. Makes changes in the requirements for licensure as a dentist if the applicant completed his or her dental education by
graduating from a dental college or school outside the United States or
Canada. In provisions concerning investigations, removes provisions concerning personal statements. Provides that consent orders shall be subject to approval by the Director (rather than must be approved by the Board and the Director). Adds provisions allowing the Department to subpoena persons and dental, pharmacy, and hospital records of individual patients of dentists and dental hygienists licensed under the Act.
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A BILL FOR
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HB5894 |
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LRB093 17941 AMC 43624 b |
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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 |
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| changing Sections 9 and 25 and by adding Section 25.1 as |
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| follows:
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| (225 ILCS 25/9) (from Ch. 111, par. 2309)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 9. Qualifications of Applicants for Dental Licenses. |
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| The
Department shall require that each applicant for a license |
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practice dentistry shall:
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| (a) (Blank).
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| (b) Be at least 21 years of age and of good moral |
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| character.
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| (c) (1) Present satisfactory evidence of completion of |
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| dental
education by graduation from a dental college or school |
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| in the United
States or Canada approved by the Department. The |
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| Department shall not approve
any dental college or school which |
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| does not require at least (A) 60 semester
hours of collegiate |
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| credit or the equivalent in acceptable subjects from a
college |
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| or university before admission, and (B) completion of at least |
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| 4
academic years of instruction or the equivalent in an |
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| approved dental college
or school before graduation; or
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| (2) Present satisfactory evidence of completion of dental |
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| education by
graduation from a dental college or school outside |
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| the United States or
Canada and provide satisfactory evidence |
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| that:
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| (A) (blank)
the completion of a dental education |
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| outside the United States or
Canada authorized the |
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| applicant to practice dentistry in the country in
which he |
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| or she completed the dental education ;
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| (B) the applicant has completed a minimum of 2 academic |
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HB5894 |
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LRB093 17941 AMC 43624 b |
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| years of general
dental clinical training at a dental |
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| college or school in the United States or
Canada approved |
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| by the Department, except that an applicant who was |
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| enrolled
for not less than one year in an approved clinical |
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| program prior to January 1,
1993 at an Illinois dental |
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| college or school shall be required to complete only
that |
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| program; and
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| (C) the applicant has received certification from the |
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| dean of an
approved dental college or school in the United |
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| States or Canada stating that
the applicant has achieved |
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| the same level of scientific knowledge and clinical
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| competence as required of all graduates of the college or |
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| school.
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| Nothing in this Act shall be construed to prevent either |
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| the Department or
any dental college or school from |
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| establishing higher standards than
specified in this Act.
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| (d) In determining professional capacity under this |
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| Section, any
individual who has not been actively engaged in |
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| the practice of dentistry,
has not been a dental student, or |
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| has not been engaged in a formal program
of dental education |
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| during the 5 years immediately preceding the filing of an
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| application may be required to complete such additional |
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| testing, training, or
remedial education as the Board may deem |
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| necessary in order to establish
the applicant's present |
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| capacity to practice dentistry with reasonable
judgment, |
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| skill, and safety.
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| (e) Pass an examination authorized or given by the |
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| Department
in the theory and practice of the science of |
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| dentistry; provided,
that the Department (1) may recognize a |
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| certificate granted by the National
Board of Dental Examiners |
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| in lieu of, or subject to, such examination as
may be required |
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| and (2) may recognize successful completion of the preclinical
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| and clinical examinations conducted by approved regional |
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| testing services in
lieu of such examinations as may be |
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| required. For purposes of this Section,
successful completion |
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| shall mean that the applicant has achieved a minimum
passing |
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LRB093 17941 AMC 43624 b |
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| score on the regional examinations as determined by each |
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| approved
regional testing service.
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| (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; |
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| 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. |
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| 8-9-96.)
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| (225 ILCS 25/25) (from Ch. 111, par. 2325)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 25. Notice of hearing; investigations and informal
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| conferences.
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| (a) Upon the motion of
either the Department or the Board |
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| or upon the verified complaint
in writing of any person setting |
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| forth facts which
if proven would constitute grounds for |
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| refusal, suspension or revocation
of license under this Act, |
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| the Board shall
investigate the actions of any
person, |
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| hereinafter called the respondent, who holds or
represents that |
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| he
or she holds a license. All such motions or complaints shall |
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| be brought to the Board.
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| (b) (Blank)
Prior to taking an in-person statement from a |
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| dentist or
dental hygienist who is the subject of a complaint, |
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| the investigator shall
inform the dentist or the dental |
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| hygienist in writing:
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| (1) that the dentist or dental hygienist is the subject |
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| of a complaint;
and
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| (2) that the dentist or dental hygienist
need not |
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| immediately proceed with the interview and may seek |
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| appropriate
consultation prior to consenting to the |
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| interview.
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| A Department investigator's failure to comply with this |
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| subsection may not
be the sole ground for dismissal of any |
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| order of the Department filed upon a
finding of a violation or |
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| for dismissal of a pending investigation .
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| (c) If the Department concludes on the basis of a complaint |
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| or its initial
investigation that there is a possible violation |
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| of the Act,
the
Department may:
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| (1) schedule a hearing pursuant to this Act; or
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| (2) request
in writing that the dentist or dental |
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| hygienist being investigated attend an
informal
conference |
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| with representatives of the Department.
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| The request for an informal conference shall contain the |
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| nature of the
alleged actions or
inactions that constitute the |
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| possible violations.
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| A dentist or dental hygienist shall be allowed to have |
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| legal counsel at the
informal conference. If the informal |
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| conference results in a consent order
between the accused |
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| dentist or dental hygienist and the Department, the
consent |
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| order shall be subject to approval by
must be approved by the |
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| Board and the Director. Participation in
the informal |
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| conference by a dentist, a dental hygienist, or the Department |
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| and
any admissions or
stipulations made by a dentist, a dental |
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| hygienist, or the Department at the
informal conference,
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| including any agreements in a consent order that is |
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| subsequently disapproved
by either the Board or the Director, |
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| shall not be used against the dentist,
dental hygienist, or |
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| Department at any subsequent hearing and shall not become
a |
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| part of the
record of the hearing.
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| (d) The Director shall, before suspending, revoking, |
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| placing on
probationary
status, or taking any other |
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| disciplinary action as the Director may deem
proper with regard |
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| to any license, at least 30 days prior
to the date set for the |
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| hearing, notify the respondent in
writing of any charges
made |
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| and the time and place for a hearing of the charges before the |
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| Board,
direct him or her to file his or her written answer |
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| thereto to the Board
under oath within 20 days after the |
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| service on him or her of such notice
and inform him or her that |
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| if he or she fails to file such answer default
will be taken |
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| against him or her and his or her license may be suspended,
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| revoked, placed on probationary status,
or other disciplinary |
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| action may be taken with regard thereto, including
limiting the |
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| scope, nature or extent of his or her practice, as the Director
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| may deem proper.
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| (e) Such written notice and any notice in such proceedings |
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LRB093 17941 AMC 43624 b |
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| thereafter
may be
served by delivery personally to the |
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| respondent, or by
registered or
certified mail to the address |
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| last theretofore specified by the respondent
in his or her last |
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| notification to the Director.
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| (Source: P.A. 91-689, eff. 1-1-01.)
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| (225 ILCS 25/25.1 new) |
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| Sec. 25.1. Subpoena powers. The Department has power to |
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| subpoena and bring before it any person in this State and to |
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| take testimony either orally or by deposition, or both, with |
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| the same fees and mileage and in the same manner as is |
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| prescribed by law for judicial procedure in civil cases. |
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| The Department, in the course of an investigation as to |
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| whether or not a violation of one or more of the grounds for |
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| discipline listed in Sections 23 or 24 of this Act has occurred |
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| or is occurring, may subpoena the dental, pharmacy, and |
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| hospital records of individual patients of dentists and dental |
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| hygienists licensed under this Act. All dental records and |
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| other information received pursuant to subpoena shall be |
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| confidential and shall be afforded the same status as is |
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| provided information concerning medical studies in Part 21 of |
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| Article VIII of the Code of Civil Procedure. The use of such |
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| records shall be restricted to members of the Board of |
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| Dentistry, the dental coordinators, and appropriate staff of |
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| the Department of Professional Regulation designated by the |
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| Director for the purpose of determining the existence of one or |
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| more grounds for discipline of the dentist or dental hygienist |
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| as provided for by Sections 23 or 24 of this Act. Any such |
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| review of individual patients' records shall be conducted by |
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| the Department in strict confidentiality, provided that such |
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| patient records shall be admissible in a disciplinary hearing, |
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| before the Director, the Board of Dentistry, or a hearing |
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| officer designated by the Department, when necessary to |
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| substantiate the grounds for discipline alleged against the |
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| dentist or dental hygienist licensed under this Act, and |
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| provided further, that nothing herein shall be deemed to |