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Sen. A. J. Wilhelmi
Filed: 3/1/2010
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| AMENDMENT TO SENATE BILL 3025
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| AMENDMENT NO. ______. Amend Senate Bill 3025 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Dental Practice Act is amended by |
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| changing Section 25.1 as follows:
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| (225 ILCS 25/25.1) |
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| (Section scheduled to be repealed on January 1, 2016)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 |
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| of the Board that reasonable cause exists that a violation of |
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| one or more of the grounds for discipline set forth in Section |
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| 23 or Section 24 of this Act has occurred or is occurring, may |
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| subpoena the dental records of individual patients of dentists |
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| and dental hygienists licensed under this Act. |
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| (b) Notwithstanding subsection (a) of this Section, the |
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| Board and the Department may subpoena copies of hospital, |
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| medical, or dental records in mandatory report cases alleging |
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| death or permanent bodily injury when consent to obtain the |
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| records has not been provided by a patient or a patient's legal |
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| representative. All records and other information received |
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| pursuant to a subpoena shall be confidential and shall be |
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| afforded the same status as information concerning medical |
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| 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 |
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| members of the Board, the dental coordinator, and appropriate |
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| Department staff designated by the Secretary for the purpose of |
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| determining the existence of one or more grounds for discipline |
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| of the dentist or dental hygienist as provided for in Section |
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| 23 or Section 24 of this Act. |
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| (c) Any review of an individual patient's records shall be |
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| conducted by the Department in strict confidentiality, |
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| provided that the patient records shall be admissible in a |
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| disciplinary hearing before the Secretary, the Board, or a |
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| hearing 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. |
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| (d) The Department may provide reimbursement for fees and |
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| mileage associated with its subpoena power in the same manner |
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| prescribed by law for judicial procedure in a civil case. |
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| (e) Nothing in this Section shall be deemed to supersede |
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| the provisions of Part 21 of Article VIII of the Code of Civil |
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| Procedure, now or hereafter amended, to the extent applicable.
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| (f) All information gathered by the Department during any |
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| investigation, including information subpoenaed under this Act |
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| and the investigative file, shall be kept for the confidential |
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| use of the Secretary, the dental coordinator, the Board's |
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| attorneys, the dental investigative staff, authorized clerical |
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| staff, and persons employed by contract to advise the dental |
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| coordinator or the Department as provided in this Act, except |
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| that the Department may disclose information and documents to |
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| (i) a federal, State, or local law enforcement agency pursuant |
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| to a subpoena in an ongoing criminal investigation or (ii) a |
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| dental licensing authority of another state or jurisdiction |
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| pursuant to an official request made by that authority. Any |
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| information or documents disclosed by the Department to a |
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| federal, State, or local law enforcement agency may only be |
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| used by that agency for the investigation and prosecution of a |
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| criminal offense. Any information or documents disclosed by the |
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| Department to a dental licensing authority of another state or |
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| jurisdiction may only be used by that authority for |
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| investigations and disciplinary proceedings with regards to a |
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| license. |
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| This subsection (f) applies only to causes of action |
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| accruing on or after the effective date of this amendatory Act |
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| of the 96th General Assembly. |
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| (Source: P.A. 94-409, eff. 12-31-05.)
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| Section 99. Effective date. This Act takes effect upon |