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Public Act 096-1221
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| SB3025 Enrolled | LRB096 19810 ASK 35257 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 |
changing Section 25.1 as follows:
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(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(Section scheduled to be repealed on January 1, 2016)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 |
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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 |
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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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