Bill Text: IL SB3025 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Dental Practice Act. Provides that all information gathered by the Department during any investigation, including information subpoenaed under the 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 the Act and shall be afforded the same status as is provided information concerning medical studies in specified provisions of the Code of Civil Procedure, except that the Department may disclose information and documents to a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation. Provides that 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. Provides that the provision applies only to causes of action accruing on or after the effective date of the amendatory Act. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-07-23 - Public Act . . . . . . . . . 96-1221 [SB3025 Detail]

Download: Illinois-2009-SB3025-Enrolled.html

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SB3025 Enrolled LRB096 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(Section scheduled to be repealed on January 1, 2016)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

SB3025 Enrolled - 2 - LRB096 19810 ASK 35257 b
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

SB3025 Enrolled - 3 - LRB096 19810 ASK 35257 b
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.