Full Text of SB3025 96th General Assembly
SB3025sam002 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/1/2010
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LRB096 19810 ASK 37930 a |
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| AMENDMENT TO SENATE BILL 3025
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| AMENDMENT NO. ______. Amend Senate Bill 3025 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 25.1. Subpoena powers.
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| (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, |
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| 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.
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| (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.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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