Sen. A. J. Wilhelmi
Filed: 3/1/2010
|
|
|||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 3025
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3025 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Illinois Dental Practice Act is amended by | ||||||
| 5 | changing Section 25.1 as follows: | ||||||
| 6 | (225 ILCS 25/25.1) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 8 | Sec. 25.1. Subpoena powers.
| ||||||
| 9 | (a) The Department, upon a determination by the chairperson | ||||||
| 10 | of the Board that reasonable cause exists that a violation of | ||||||
| 11 | one or more of the grounds for discipline set forth in Section | ||||||
| 12 | 23 or Section 24 of this Act has occurred or is occurring, may | ||||||
| 13 | subpoena the dental records of individual patients of dentists | ||||||
| 14 | and dental hygienists licensed under this Act. | ||||||
| 15 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
| 16 | Board and the Department may subpoena copies of hospital, | ||||||
| |||||||
| |||||||
| 1 | medical, or dental records in mandatory report cases alleging | ||||||
| 2 | death or permanent bodily injury when consent to obtain the | ||||||
| 3 | records has not been provided by a patient or a patient's legal | ||||||
| 4 | representative. All records and other information received | ||||||
| 5 | pursuant to a subpoena shall be confidential and shall be | ||||||
| 6 | afforded the same status as information concerning medical | ||||||
| 7 | studies under Part 21 of Article VIII of the Code of Civil | ||||||
| 8 | Procedure. The use of these records shall be restricted to | ||||||
| 9 | members of the Board, the dental coordinator, and appropriate | ||||||
| 10 | Department staff designated by the Secretary for the purpose of | ||||||
| 11 | determining the existence of one or more grounds for discipline | ||||||
| 12 | of the dentist or dental hygienist as provided for in Section | ||||||
| 13 | 23 or Section 24 of this Act. | ||||||
| 14 | (c) Any review of an individual patient's records shall be | ||||||
| 15 | conducted by the Department in strict confidentiality, | ||||||
| 16 | provided that the patient records shall be admissible in a | ||||||
| 17 | disciplinary hearing before the Secretary, the Board, or a | ||||||
| 18 | hearing officer designated by the Department when necessary to | ||||||
| 19 | substantiate the grounds for discipline alleged against the | ||||||
| 20 | dentist or dental hygienist licensed under this Act. | ||||||
| 21 | (d) The Department may provide reimbursement for fees and | ||||||
| 22 | mileage associated with its subpoena power in the same manner | ||||||
| 23 | prescribed by law for judicial procedure in a civil case. | ||||||
| 24 | (e) Nothing in this Section shall be deemed to supersede | ||||||
| 25 | the provisions of Part 21 of Article VIII of the Code of Civil | ||||||
| 26 | Procedure, now or hereafter amended, to the extent applicable.
| ||||||
| |||||||
| |||||||
| 1 | (f) All information gathered by the Department during any | ||||||
| 2 | investigation, including information subpoenaed under this Act | ||||||
| 3 | and the investigative file, shall be kept for the confidential | ||||||
| 4 | use of the Secretary, the dental coordinator, the Board's | ||||||
| 5 | attorneys, the dental investigative staff, authorized clerical | ||||||
| 6 | staff, and persons employed by contract to advise the dental | ||||||
| 7 | coordinator or the Department as provided in this Act, except | ||||||
| 8 | that the Department may disclose information and documents to | ||||||
| 9 | (i) a federal, State, or local law enforcement agency pursuant | ||||||
| 10 | to a subpoena in an ongoing criminal investigation or (ii) a | ||||||
| 11 | dental licensing authority of another state or jurisdiction | ||||||
| 12 | pursuant to an official request made by that authority. Any | ||||||
| 13 | information or documents disclosed by the Department to a | ||||||
| 14 | federal, State, or local law enforcement agency may only be | ||||||
| 15 | used by that agency for the investigation and prosecution of a | ||||||
| 16 | criminal offense. Any information or documents disclosed by the | ||||||
| 17 | Department to a dental licensing authority of another state or | ||||||
| 18 | jurisdiction may only be used by that authority for | ||||||
| 19 | investigations and disciplinary proceedings with regards to a | ||||||
| 20 | license. | ||||||
| 21 | This subsection (f) applies only to causes of action | ||||||
| 22 | accruing on or after the effective date of this amendatory Act | ||||||
| 23 | of the 96th General Assembly. | ||||||
| 24 | (Source: P.A. 94-409, eff. 12-31-05.)
| ||||||
| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
| |||||||
| |||||||
| 1 | becoming law.".
| ||||||