Public Act 096-1221
 
SB3025 EnrolledLRB096 19810 ASK 35257 b


  
    AN ACT concerning professional regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    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    (Section scheduled to be repealed on January 1, 2016)

    Sec. 25.1. Subpoena powers.

    (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.

    (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.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.