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(225 ILCS 70/22) (from Ch. 111, par. 3672)
(Section scheduled to be repealed on January 1, 2028)
Sec. 22. Subpoena power. The Board or Department has
power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same
manner as is prescribed by law for judicial proceedings in civil cases.
The Department, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 17 has occurred or
is occurring, may subpoena the records
of an individual licensed under this
Act provided that prior to the submission of such records
to the Board, all information indicating the
identity of any resident shall be removed and deleted. The
use of such records shall be restricted to members of the
Board and
appropriate staff of the Department for the
purpose of determining the existence of one or more grounds
for discipline of the nursing home administrator as provided for by Section
17 of this Act. Any such review of individual residents'
records shall be conducted by the Board in
strict confidentiality, provided that such resident records
shall be admissible in a disciplinary hearing, before the
Department, when necessary to substantiate the
grounds for discipline alleged against the administrator
licensed under this Act, and provided further that nothing
herein shall be deemed to supersede the provisions of Part
21 of Article VIII of the Code of Civil Procedure, as now
or hereafter amended, to the extent applicable.
The Secretary, the designated hearing officer, and any member of the Board have the power to administer oaths at any hearing that the Department is authorized to conduct and any other
oaths authorized in an Act administered by the Department.
(Source: P.A. 95-703, eff. 12-31-07.)
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