Public Act 93-0281
SB386 Enrolled LRB093 07650 AMC 07829 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 Regulatory Sunset Act is amended by
changing Sections 4.14 and 4.24 as follows:
(5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
Sec. 4.14. Acts repealed.
(a) The following Acts are repealed December 31, 2003:
The Private Detective, Private Alarm, and Private
Security Act of 1993.
The Illinois Occupational Therapy Practice Act.
(b) The following Acts are repealed January 1, 2004:
The Illinois Certified Shorthand Reporters Act of
1984.
The Veterinary Medicine and Surgery Practice Act of
1994.
(Source: P.A. 92-457, eff 8-21-01.)
(5 ILCS 80/4.24)
Sec. 4.24. Acts repealed on January 1, 2014. The
following Acts are repealed on January 1, 2014:
The Electrologist Licensing Act.
The Illinois Public Accounting Act.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
Section 10. The Environmental Health Practitioner
Licensing Act is amended by changing Section 16 as follows:
(225 ILCS 37/16)
(Section scheduled to be repealed on January 1, 2007)
Sec. 16. Exemptions. This Act does not prohibit or
restrict any of the following:
(1) A person performing the functions and duties of an
environmental health practitioner under the general
supervision of a licensed environmental health practitioner
or licensed professional engineer if that person (i) is not
responsible for the administration or supervision of one or
more employees engaged in an environmental health program,
(ii) establishes a method of verbal communication with the
licensed environmental health practitioner or licensed
professional engineer to whom they can refer and report
questions, problems, and emergency situations encountered in
environmental health practice, and (iii) has his or her
written reports reviewed monthly by a licensed environmental
health practitioner or licensed professional engineer.
(2) A person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed.
(3) A person working in laboratories licensed by,
registered with, or operated by the State of Illinois.
(4) A person employed by a State-licensed health care
facility who engages in the practice of environmental health
or whose job responsibilities include ensuring that the
environment in the health care facility is healthy and safe
for employees, patients, and visitors.
(5) A person employed with the Illinois Department of
Agriculture who engages in meat and poultry inspections or
environmental inspections under the authority of the
Department of Agriculture.
(6) A person holding a degree of Doctor of Veterinary
Medicine and Surgery and licensed under the Veterinary
Medicine and Surgery Practice Act of 2004.
(Source: P.A. 92-837, eff. 8-22-02.)
Section 15. The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by changing Sections 2, 3, 4, 5, 8,
8.1, 11, 12, 15, 24.1, and 25 and adding Section 25.19 as
follows:
(225 ILCS 115/2) (from Ch. 111, par. 7002)
(Section scheduled to be repealed on January 1, 2004)
Sec. 2. This Act may be cited as the Veterinary Medicine
and Surgery Practice Act of 2004 1994.
(Source: P.A. 88-424.)
(225 ILCS 115/3) (from Ch. 111, par. 7003)
(Section scheduled to be repealed on January 1, 2004)
Sec. 3. Definitions; unlicensed practice prohibited.
(a) The following terms have the meanings indicated, unless
the context requires otherwise:
"Accredited college of veterinary medicine" means a
veterinary college, school, or division of a university or
college that offers the degree of Doctor of Veterinary
Medicine or its equivalent and that is accredited by the
Council on Education of the American Veterinary Medical
Association.
"Animal" means any animal, vertebrate or invertebrate,
other than a human.
"Board" means the Veterinary Licensing and Disciplinary
Board.
"Certified veterinary technician" means a person who has
graduated from a veterinary technology program accredited by
the Committee on Veterinary Technician Education and
Activities of the American Veterinary Medical Association who
has filed an application with the Department, paid the fee,
passed the examination as prescribed by rule, and works under
a supervising veterinarian.
"Client" means an entity, person, group, or corporation
that has entered into an agreement with a veterinarian for
the purposes of obtaining veterinary medical services.
"Complementary, alternative, and integrative therapies"
means preventative, diagnostic, and therapeutic practices
that, at the time they are performed, may differ from current
scientific knowledge or for which the theoretical basis and
techniques may diverge from veterinary medicine routinely
taught in approved veterinary medical programs. This
includes but is not limited to veterinary acupuncture,
acutherapy, acupressure, veterinary homeopathy, veterinary
manual or manipulative therapy (i.e. therapies based on
techniques practiced in osteopathy, chiropractic medicine, or
physical medicine and therapy), veterinary nutraceutical
therapy, veterinary phytotherapy, or other therapies as
defined by rule.
"Consultation" means when a veterinarian receives advice
in person, telephonically, electronically, or by any other
method of communication from a veterinarian licensed in this
or any other state or other person whose expertise, in the
opinion of the veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the
patient remains with the veterinarian receiving consultation.
"Department" means the Department of Professional
Regulation.
"Direct supervision" means the supervising veterinarian
is on the premises where the animal is being treated.
"Director" means the Director of Professional Regulation.
"Impaired veterinarian" means a veterinarian who is
unable to practice veterinary medicine with reasonable skill
and safety because of a physical or mental disability as
evidenced by a written determination or written consent based
on clinical evidence, including deterioration through the
aging process, loss of motor skills, or abuse of drugs or
alcohol of sufficient degree to diminish a person's ability
to deliver competent patient care.
"Indirect supervision" means the supervising veterinarian
need not be on the premises, but has given either written or
oral instructions for the treatment of the animal and is
available by telephone or other form of communication.
"Patient" means an animal that is examined or treated by
a veterinarian.
"Person" means an individual, firm, partnership (general,
limited, or limited liability), association, joint venture,
cooperative, corporation, limited liability company, or any
other group or combination acting in concert, whether or not
acting as a principal, partner, member, trustee, fiduciary,
receiver, or any other kind of legal or personal
representative, or as the successor in interest, assignee,
agent, factor, servant, employee, director, officer, or any
other representative of such person.
"Practice of veterinary medicine" means the performance
of one or more of the following:
(1) Directly or indirectly consulting, diagnosing,
prognosing, correcting, supervising, or recommending
treatment of an animal for the prevention, cure, or
relief of a wound, fracture, bodily injury, defect,
disease, or physical or mental condition by any method or
mode.
(2) Prescribing, dispensing, or administering a
drug, medicine, biologic appliance, application, or
treatment of whatever nature.
(3) Performing upon an animal a surgical or dental
operation or a complementary, alternative, or integrative
veterinary medical procedure.
(4) Performing upon an animal any manual procedure
for the diagnoses or treatment of pregnancy, sterility,
or infertility.
(5) Determining the health and fitness of an
animal.
(6) Representing oneself, directly or indirectly,
as engaging in the practice of veterinary medicine.
(7) Using any word, letters, or title under such
circumstances as to induce the belief that the person
using them is qualified to engage in the practice of
veterinary medicine or any of its branches. Such use
shall be prima facie evidence of the intention to
represent oneself as engaging in the practice of
veterinary medicine.
"Supervising veterinarian" means a veterinarian who
assumes responsibility for the professional care given to an
animal by a person working under his or her direction. The
supervising veterinarian must have examined the animal at
such time as acceptable veterinary medical practices requires
consistent with the particular delegated animal health care
task.
"Veterinarian-client-patient relationship" means:
(1) The veterinarian has assumed the responsibility
for making clinical judgments regarding the health of an
animal and the need for medical treatment and the client,
owner, or other caretaker has agreed to follow the
instructions of the veterinarian;
(2) There is sufficient knowledge of an animal by
the veterinarian to initiate at least a general or
preliminary diagnosis of the medical condition of the
animal. This means that the veterinarian has recently
seen and is personally acquainted with the keeping and
care of the animal by virtue of an examination of the
animal or by medically appropriate and timely visits to
the premises where the animal is kept; and
(3) The practicing veterinarian is readily
available for follow-up in case of adverse reactions or
failure of the regimen of therapy.
"Veterinary technology" means the performance of services
within the field of veterinary medicine by a person who, for
compensation or personal profit, is employed by a licensed
veterinarian to perform duties that require an understanding
of veterinary medicine necessary to carry out the orders of
the veterinarian. Those services, however, shall not include
diagnosing, prognosing, writing prescriptions, or surgery.
(A) "Department" means the Department of Professional
Regulation.
(B) "Board" means the Veterinary Licensing and
Disciplinary Board.
(C) "Director" means the Director of the Department of
Professional Regulation.
(D) "Veterinarian" means a person holding the degree of
Doctor of Veterinary Medicine and Surgery and licensed under
this Act.
(E) The practice of veterinary medicine and surgery
occurs when a person:
(1) Directly or indirectly diagnoses, prognoses,
treats, administers to, prescribes for, operates on,
manipulates or applies any apparatus or appliance for any
disease, pain, deformity, defect, injury, wound or
physical or mental condition of any animal or bird or for
the prevention of, or to test for the presence of any
disease of any animal or bird. The practice of
veterinary medicine and surgery includes veterinarian
dentistry.
(2) Represents himself or herself as engaged in the
practice of veterinary medicine and surgery as defined in
paragraph (1) of this subsection, or uses any words,
letters or titles in such connection and under such
circumstances as to induce the belief that the person
using them is engaged in the practice of veterinary
medicine and surgery in any of its branches, or that such
person is a Doctor of Veterinary Medicine.
(F) "Animal" means any bird, fish, reptile, or mammal
other than man.
(G) "Veterinarian client - patient relationship" means:
(1) The veterinarian has assumed the responsibility
for making medical judgments regarding the health of an
animal and the need for medical treatment and the client,
owner, or other caretaker has agreed to follow the
instructions of the veterinarian.
(2) There is sufficient knowledge of an animal by
the veterinarian to initiate at least a general or
preliminary diagnosis of the medical condition of the
animal. This means that the veterinarian has recently
seen and is personally acquainted with the keeping and
care of the animal by virtue of an examination of the
animal or by medically appropriate and timely visits to
the premises where the animal is kept.
(3) The practicing veterinarian is readily
available for follow-up in case of adverse reactions or
failure of the regimen of therapy.
(b) Subject to the exemptions in Section 4 of this Act,
no person shall practice veterinary medicine and surgery in
any of its branches without a valid license to do so.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 115/4) (from Ch. 111, par. 7004)
(Section scheduled to be repealed on January 1, 2004)
Sec. 4. Exemptions. Nothing in this Act shall apply to
any of the following:
(1) Veterinarians employed by the federal or State
government Federal Government while actually engaged in
their official duties.
(2) Licensed veterinarians from other states who
are invited to Illinois for consultation or lecturing.
(3) Veterinarians employed by colleges or
universities or by state agencies, while engaged in the
performance of their official duties, or faculty engaged
in animal husbandry or animal management programs of
colleges or universities.
(4) A veterinarian employed by an accredited
college of veterinary medicine providing assistance
requested by a veterinarian licensed in Illinois, acting
with informed consent from the client and acting under
the direct or indirect supervision and control of the
licensed veterinarian. Providing assistance involves
hands-on active participation in the treatment and care
of the patient. The licensed veterinarian shall maintain
responsibility for the veterinarian-client-patient
relationship.
(5)(4) Veterinary students in an accredited
approved college, university, department of a university,
or other institution of veterinary medicine and surgery
engaged in while in the performance of duties assigned by
their instructors.
(6)(5) Any person engaged in bona fide scientific
research which requires the use of animals.
(7) An owner of livestock and any of the owner's
employees or the owner and employees of a service and
care provider of livestock caring for and treating
livestock belonging to the owner or under a provider's
care, including but not limited to, the performance of
husbandry and livestock management practices such as
dehorning, castration, emasculation, or docking of
cattle, horses, sheep, goats, and swine, artificial
insemination, and drawing of semen. Nor shall this Act be
construed to prohibit any person from administering in a
humane manner medicinal or surgical treatment to any
livestock in the care of such person. However, any such
services shall comply with the Humane Care for Animals
Act.
(8) An owner of an animal, or an agent of the owner
acting with the owner's approval, in caring for,
training, or treating an animal belonging to the owner,
so long as that individual or agent does not represent
himself or herself as a veterinarian or use any title
associated with the practice of veterinary medicine or
surgery or diagnose, prescribe drugs, or perform surgery.
The agent shall provide the owner with a written
statement summarizing the nature of the services provided
and obtain a signed acknowledgment from the owner that
they accept the services provided. The services shall
comply with the Humane Care for Animals Act. The
provisions of this item (8) do not apply to a person who
is exempt under item (7).
(9) A member in good standing of another licensed
or regulated profession within any state or a member of
an organization or group approved by the Department by
rule providing assistance requested by a veterinarian
licensed in this State acting with informed consent from
the client and acting under the direct or indirect
supervision and control of the licensed veterinarian.
Providing assistance involves hands-on active
participation in the treatment and care of the patient,
as defined by rule. The licensed veterinarian shall
maintain responsibility for the
veterinarian-client-patient relationship.
(10) A graduate of a non-accredited college of
veterinary medicine who is in the process of obtaining a
certificate of educational equivalence and is performing
duties or actions assigned by instructors in an approved
college of veterinary medicine.
(11) A certified euthanasia technician who is
authorized to perform euthanasia in the course and scope
of his or her employment.
(12) A person who, without expectation of
compensation, provides emergency veterinary care in an
emergency or disaster situation so long as he or she does
not represent himself or herself as a veterinarian or use
a title or degree pertaining to the practice of
veterinary medicine and surgery.
(13) An employee of a licensed veterinarian
performing duties other than diagnosis, prognosis,
prescription, or surgery under the direction and
supervision of the veterinarian, who shall be responsible
for the performance of the employee.
(14) An approved humane investigator regulated
under the Humane Care for Animals Act or employee of a
shelter licensed under the Animal Welfare Act, working
under the indirect supervision of a licensed
veterinarian.
(15) An individual providing equine dentistry
services requested by a veterinarian licensed to practice
in this State, an owner, or an owner's agent. For the
purposes of this item (15), "equine dentistry services"
means floating teeth without the use of drugs or
extraction.
(16) Private treaty sale of animals unless
otherwise provided by law. (6) The dehorning,
castration, emasculation or docking of cattle, horses,
sheep, goats and swine in the course or exchange of work
for which no monetary compensation is paid or to
artificial insemination and the drawing of semen. Nor
shall this Act be construed to prohibit any person from
administering, in a humane manner, medicinal or surgical
treatment to any animal belonging to such person, unless
title has been transferred for the purpose of
circumventing this Act. However, any such services shall
comply with the Humane Care for Animals Act.
(7) Members of other licensed professions or any
other individuals when called for consultation and
assistance by a veterinarian licensed in the State of
Illinois and who act under the supervision, direction,
and control of the veterinarian, as further defined by
rule of the Department.
(8) Certified euthanasia technicians.
(Source: P.A. 92-449, eff. 1-1-02.)
(225 ILCS 115/5) (from Ch. 111, par. 7005)
(Section scheduled to be repealed on January 1, 2004)
Sec. 5. No person shall practice veterinary medicine and
surgery in any of its branches without a valid license to do
so. Any person not licensed under this Act who performs any
of the functions described as the practice of veterinary
medicine or surgery as defined in this Act, who announces to
the public in any way an intention to practice veterinary
medicine and surgery, who uses the title Doctor of Veterinary
Medicine or the initials D.V.M. or V.M.D., or who opens an
office, hospital, or clinic for such purposes is considered
to have violated this Act and may be subject to all the
penalties provided for such violations.
It shall be unlawful for any person who is not licensed
in this State to provide veterinary medical services from any
state to a client or patient in this State through
telephonic, electronic, or other means, except where a
bonafide veterinarian-client-patient relationship exists.
Nothing in this Act shall be construed to prevent members
of other professions from performing functions for which they
are duly licensed. Other professionals may not, however,
hold themselves out or refer to themselves by any title or
descriptions stating or implying that they are engaged in the
practice of veterinary medicine or that they are licensed to
engage in the practice of veterinary medicine.
(Source: P.A. 83-1016.)
(225 ILCS 115/8) (from Ch. 111, par. 7008)
(Section scheduled to be repealed on January 1, 2004)
Sec. 8. Qualifications. A person is qualified to receive
a license if he or she: (1) is of good moral character; (2)
has graduated from an accredited college or school of
veterinary medicine has received at least 2 years of
preveterinary collegiate training; (3) has graduated from a
veterinary school that requires for graduation a 4-year, or
equivalent, course in veterinary medicine and surgery
approved by the Department; and (3)(4) has passed the
examination authorized by the Department to determine fitness
to hold a license.
Applicants for licensure from non-accredited veterinary
schools are required to successfully complete a program of
educational equivalency as established by rule. At a
minimum, this program shall include all of the following:
(1) A certified transcript indicating graduation
from such college.
(2) Successful completion of a communication
ability examination designed to assess communication
skills, including a command of the English language.
(3) Successful completion of an examination or
assessment mechanism designed to evaluate educational
equivalence, including both preclinical and clinical
competencies.
(4) Any other reasonable assessment mechanism
designed to ensure an applicant possesses the educational
background necessary to protect the public health and
safety.
Successful completion of the criteria set forth in this
Section shall establish education equivalence as one of the
criteria for licensure set forth in this Act. Applicants
under this Section must also meet all other statutory
criteria for licensure prior to the issuance of any such
license, including graduation from veterinary school.
A graduate of a non-approved veterinary school who was
issued a work permit by the Department before the effective
date of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of a licensed
veterinarian until the expiration of his or her permit.
With respect to graduates of unapproved veterinary
programs, the Department shall determine if such programs
meet standards equivalent to those set forth in clauses (2),
(3), and (4) of Section 9 of this Act.
Graduates of non-approved veterinary schools are required
to pass a proficiency examination specified by the Department
or to provide one year of evaluated clinical experience as an
employee of a licensed veterinarian. Prior to hiring such
person, the licensed veterinarian shall notify the Board, in
writing, and shall employ such persons only upon the written
approval of the Board. Such approval shall be for one year
only and is not renewable. Such clinical employees shall
treat animals only under the direct supervision of the
licensed veterinarian.
In determining moral character under this Section, the
Department may take into consideration any felony conviction
of the applicant, but such a conviction shall not operate as
a bar to obtaining a license. The Department may also
request the applicant to submit and may consider as evidence
of moral character, endorsements from 2 individuals licensed
under this Act.
(Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)
(225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
(Section scheduled to be repealed on January 1, 2004)
Sec. 8.1. Certified veterinary technician. "Certified
veterinary technician" means a person who has graduated from
a veterinary technology program accredited by the American
Veterinary Medical Association who has filed an application
with the Department, paid the fee, and passed the examination
as prescribed by rule. Veterinary technology is defined as
the performance of services within the field of veterinary
medicine by a person who for compensation or personal profit,
is employed by a licensed veterinarian to perform duties that
require an understanding of veterinary medicine as required
in carrying out the orders of the veterinarian. However,
those services shall not include diagnosing, prognosing,
writing prescriptions, or surgery. A person who is a
certified as a veterinary technician who performs veterinary
technology contrary to this Act is guilty of a Class A
misdemeanor and shall be subject to the revocation of his or
her certificate. However, these penalties and restrictions
shall not apply to a student while performing activities
required as a part of his or her training.
The Department and the Board are authorized to hold
hearings, reprimand, suspend, revoke, or refuse to issue or
renew a certificate and to perform any other acts that may be
necessary to regulate certified veterinary technicians in a
manner consistent with the provisions of the Act applicable
to veterinarians.
The title "Certified veterinary technician" and the
initials "CVT" may only be used by persons certified by the
Department. A person who uses these titles without the
certification as provided in this Section is guilty of a
Class A misdemeanor.
Certified veterinary technicians shall be required to
complete continuing education as prescribed by rule to renew
their certification.
(Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)
(225 ILCS 115/11) (from Ch. 111, par. 7011)
(Section scheduled to be repealed on January 1, 2004)
Sec. 11. Temporary permits. A person holding the degree
of Doctor of Veterinary Medicine, or its equivalent, from an
accredited college of veterinary medicine approved veterinary
program, and who has applied in writing to the Department for
a license to practice veterinary medicine and surgery in any
of its branches, and who has fulfilled the requirements of
Section 8 of this Act, with the exception of receipt of
notification of his or her examination results, may receive,
at the discretion of the Department, a temporary permit to
practice under the direct supervision of a specified
veterinarian who is licensed in this State, until: (1) the
applicant has been notified of the results of the examination
authorized by the Department; or (2) the applicant has
withdrawn his or her application.
A temporary permit may be issued by the Department to a
person who is a veterinarian licensed under the laws of
another state, a territory of the United States, or a foreign
country, upon application in writing to the Department for a
license under this Act if he or she is qualified to receive a
license and until: (1) the expiration of 6 months after the
filing of the written application, (2) the withdrawal of the
application or (3) the denial of the application by the
Department.
A temporary permit issued under this Section shall not be
extended or renewed. The holder of a temporary permit shall
perform only those acts that may be prescribed by and
incidental to his or her employment and that act shall be
performed under the direction of a supervising specified
licensed veterinarian who is licensed in this State. The
holder of the temporary permit He shall not be entitled to
otherwise engage in the practice of veterinary medicine until
fully licensed in this State.
Upon the revocation of a temporary permit, the Department
shall immediately notify, by certified mail, the supervising
specified veterinarian employing the holder of a temporary
permit and the holder of the permit. A temporary permit
shall be revoked by the Department upon proof that the holder
of the permit has engaged in the practice of veterinary
medicine in this State outside his or her employment under a
licensed veterinarian.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 115/12) (from Ch. 111, par. 7012)
(Section scheduled to be repealed on January 1, 2004)
Sec. 12. Inactive status. Any veterinarian or certified
veterinary technician who notifies the Department in writing
on the prescribed form may place his or her license or
certification on an inactive status and shall, subject to
rule, be exempt from payment of the renewal fee and
compliance with the continuing education requirements until
he or she notifies the Department in writing of his or her
intention to resume active status.
Any veterinarian or certified veterinary technician
requesting restoration from inactive status shall be required
to complete the continuing education requirements for a
single license or certificate renewal period, pursuant to
rule, and pay the current renewal fee to restore his or her
license or certification as provided in this Act.
Any veterinarian whose license is in inactive status
shall not practice veterinary medicine and surgery in this
State.
A graduate of a non-approved veterinary school who was
issued a work permit by the Department before the effective
date of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of a licensed
veterinarian until the expiration of his or her permit.
(Source: P.A. 88-424.)
(225 ILCS 115/15) (from Ch. 111, par. 7015)
(Section scheduled to be repealed on January 1, 2004)
Sec. 15. Expiration and renewal of license. The
expiration date and renewal period for each license or
certificate shall be set by rule. A veterinarian or
certified veterinary technician whose license or certificate
has expired may reinstate his or her license or certificate
at any time within 5 years after the expiration thereof, by
making a renewal application and by paying the required fee
and submitting proof of the required continuing education.
However, any veterinarian or certified veterinary technician
whose license or certificate expired while he or she was (1)
on active duty with the Armed Forces of the United States or
called into service or training by the State militia or (2)
in training or education under the supervision of the United
States preliminary to induction into the military service,
may have his license or certificate renewed, reinstated, or
restored without paying any lapsed renewal fees if within 2
years after termination of the service, training, or
education the veterinarian furnishes the Department with
satisfactory evidence of service, training, or education and
it has been terminated under honorable conditions.
Any veterinarian or certified veterinary technician whose
license or certificate has expired for more than 5 years may
have it restored by making application to the Department and
filing acceptable proof of fitness to have the license or
certificate restored. The proof may include sworn evidence
certifying active practice in another jurisdiction. The
veterinarian or certified veterinary technician shall also
pay the required restoration fee and submit proof of the
required continuing education. If the veterinarian or
certified veterinary technician has not practiced for 5 years
or more, the Board shall determine by an evaluation program
established by rule, whether the individual is fit to resume
active status and may require the veterinarian to complete a
period of evaluated clinical experience and may require
successful completion of a clinical examination.
(Source: P.A. 92-84, eff. 7-1-02.)
(225 ILCS 115/24.1)
(Section scheduled to be repealed on January 1, 2004)
Sec. 24.1. Impaired veterinarians. "Impaired
veterinarian" means a veterinarian who is unable to practice
veterinary medicine with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including deterioration through the aging process, loss of
motor skills, or abuse of drugs or alcohol of sufficient
degree to diminish a person's ability to deliver competent
patient care. The Department shall establish by rule a
program of care, counseling, or treatment for the impaired
veterinarians veterinarian.
"Program of care, counseling, or treatment" means a
written schedule of organized treatment, care, counseling,
activities, or education satisfactory to the Board, designed
for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice veterinary
medicine with reasonable skill and safety of a sufficient
degree to deliver competent patient care.
(Source: P.A. 88-424.)
(225 ILCS 115/25) (from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2004)
Sec. 25. Disciplinary actions.
1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem appropriate,
including fines not to exceed $1,000 for each violation, with
regard to any license or certificate for any one or
combination of the following:
A. Material misstatement in furnishing information
to the Department.
B. Violations of this Act, or of the rules
promulgated under this Act.
C. Conviction of any crime under the laws of the
United States or any state or territory of the United
States that is a felony or that is a misdemeanor, an
essential element of which is dishonesty, or of any
crime that is directly related to the practice of the
profession.
D. Making any misrepresentation for the purpose of
obtaining licensure or certification, or violating any
provision of this Act or the rules promulgated under this
Act pertaining to advertising.
E. Professional incompetence.
F. Gross malpractice.
G. Aiding or assisting another person in violating
any provision of this Act or rules.
H. Failing, within 60 days, to provide information
in response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
J. Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
K. Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
L. Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for professional services not actually or
personally rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or
certificate placed on probationary status, has violated
the terms of probation.
N. Willfully making or filing false records or
reports in his practice, including but not limited to
false records filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety.
P. Solicitation of professional services other than
permitted advertising.
Q. Having professional connection with or lending
one's name, directly or indirectly, to any illegal
practitioner of veterinary medicine and surgery and the
various branches thereof.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled
Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health
certificate, shipping certificate, brand inspection
certificate, or other blank forms used in practice that
might lead to the dissemination of disease or the
transportation of diseased animals dead or alive; or
dilatory methods, willful neglect, or misrepresentation
in the inspection of milk, meat, poultry, and the
by-products thereof.
V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Failure to (i) file a return, (ii) pay the tax,
penalty, or interest shown in a filed return, or (iii)
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of that tax
Act are satisfied.
Z. Conviction by any court of competent
jurisdiction, either within or outside this State, of any
violation of any law governing the practice of veterinary
medicine, if the Department determines, after
investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the
veterinarian.
BB. Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered.
CC. Practicing under a false or, except as provided
by law, an assumed name.
DD. Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
EE. Cheating on or attempting to subvert the
licensing examination administered under this Act.
FF. Using, prescribing, or selling a prescription
drug or the extra-label use of a prescription drug by any
means in the absence of a valid
veterinarian-client-patient relationship.
GG. Failing to report a case of suspected
aggravated cruelty, torture, or animal fighting pursuant
to Section 3.07 or 4.01 of the Humane Care for Animals
Act or Section 26-5 of the Criminal Code of 1961.
2. The determination by a circuit court that a licensee
or certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by
a court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so
finding and discharging the patient; and upon the
recommendation of the Board to the Director that the licensee
or certificate holder be allowed to resume his practice.
3. All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be
commenced within 3 years after receipt by the Department of a
complaint alleging the commission of or notice of the
conviction order for any of the acts described in this
Section. Except for proceedings brought for violations of
items (CC), (DD), or (EE), no action shall be commenced more
than 5 years after the date of the incident or act alleged to
have violated this Section. In the event of the settlement
of any claim or cause of action in favor of the claimant or
the reduction to final judgment of any civil action in favor
of the plaintiff, the claim, cause of action, or civil action
being grounded on the allegation that a person licensed or
certified under this Act was negligent in providing care, the
Department shall have an additional period of one year from
the date of the settlement or final judgment in which to
investigate and begin formal disciplinary proceedings under
Section 25.2 of this Act, except as otherwise provided by
law. The time during which the holder of the license or
certificate was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
4. The Department may refuse to issue or take
disciplinary action concerning the license of any person who
fails to file a return, to pay the tax, penalty, or interest
shown in a filed return, or to pay any final assessment of
tax, penalty, or interest as required by any tax Act
administered by the Department of Revenue, until such time as
the requirements of any such tax Act are satisfied as
determined by the Department of Revenue.
5. In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a licensee or applicant
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall
be excluded by reason of any common law or statutory
privilege relating to communications between a licensee or
applicant and the examining physician or clinical
psychologist. An individual to be examined may have, at his
or her own expense, another physician or clinical
psychologist of his or her choice present during all aspects
of the examination. Failure of an individual to submit to a
mental or physical examination, when directed, is grounds for
suspension of his or her license. The license must remain
suspended until the person submits to the examination or the
Board finds, after notice and hearing, that the refusal to
submit to the examination was with reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
must require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice. In
lieu of care, counseling, or treatment, the Board may
recommend that the Department file a complaint to immediately
suspend or revoke the license of the individual or otherwise
discipline the licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for
a determination as to whether the person shall have his or
her license suspended immediately, pending a hearing by the
Board.
(Source: P.A. 88-424.)
(225 ILCS 115/25.19 new)
(Section scheduled to be repealed on January 1, 2004)
Sec. 25.19. Mandatory reporting. Nothing in this Act
exempts a licensee from the mandatory reporting requirements
regarding suspected acts of aggravated cruelty, torture, and
animal fighting imposed under Sections 3.07 and 4.01 of the
Humane Care for Animals Act and Section 26-5 of the Criminal
Code of 1961.
(225 ILCS 115/9 rep.)
Section 18. The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by repealing Section 9.
Section 20. The Animal Welfare Act is amended by
changing Section 2 as follows:
(225 ILCS 605/2) (from Ch. 8, par. 302)
Sec. 2. Definitions. As used in this Act unless the
context otherwise requires:
"Department" means the Illinois Department of
Agriculture.
"Director" means the Director of the Illinois Department
of Agriculture.
"Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other
animals customarily obtained as pets in this State. However,
a person who sells only such animals that he has produced and
raised shall not be considered a pet shop operator under this
Act, and a veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 1994 shall not be
considered a pet shop operator under this Act.
"Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered
a dog dealer under this Act, and a veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of
2004 1994 shall not be considered a dog dealer under this
Act.
"Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
"Person" means any person, firm, corporation,
partnership, association or other legal entity, any public or
private institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
"Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs
and cats are maintained for boarding, training or similar
purposes for a fee or compensation; or who sells, offers to
sell, exchange, or offers for adoption with or without charge
dogs or dogs and cats which he has produced and raised. A
person who owns, has possession of, or harbors 5 or less
females capable of reproduction shall not be considered a
kennel operator.
"Cattery operator" means any person who operates an
establishment, other than an animal control facility or
animal shelter, where cats are maintained for boarding,
training or similar purposes for a fee or compensation; or
who sells, offers to sell, exchange, or offers for adoption
with or without charges cats which he has produced and
raised. A person who owns, has possession of, or harbors 5
or less females capable of reproduction shall not be
considered a cattery operator.
"Animal control facility" means any facility operated by
or under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of
2004 1994 which operates for the above mentioned purpose in
addition to its customary purposes.
"Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare,
protection, and humane treatment of animals. "Animal
shelter" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under
the Veterinary Medicine and Surgery Practice Act of 2004 1994
which operates for the above mentioned purpose in addition to
its customary purposes.
"Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter, not to exceed 4 animals at
any given time. Permits to operate as a "foster home" shall
be issued through the animal shelter.
"Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection
of life or property. A person is not a guard dog service
solely because he or she owns a dog and uses it to guard his
or her home, business, or farmland.
"Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it
include personally owned pets that also provide security.
"Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the
facility.
(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
90-403, eff. 8-15-97.)
Section 25. The Elder Abuse and Neglect Act is amended
by changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for the sole
reason that he or she is being furnished with or relies upon
treatment by spiritual means through prayer alone, in
accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result
of a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113
of the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life
Care Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as
defined in the Community Residential Alternatives
Licensing Act; and
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required
to be licensed under the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice
Act, the Illinois Dental Practice Act, the Dietetic and
Nutrition Services Practice Act, the Marriage and Family
Therapy Licensing Act, the Medical Practice Act of 1987,
the Naprapathic Practice Act, the Nursing and Advanced
Practice Nursing Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice
Act of 1987, the Pharmacy Practice Act of 1987, the
Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act
of 1987, the Respiratory Care Practice Act, the
Professional Counselor and Clinical Professional
Counselor Licensing Act, the Illinois Speech-Language
Pathology and Audiology Practice Act, the Veterinary
Medicine and Surgery Practice Act of 2004 1994, and the
Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public
Aid, Department of Public Health, and Department of Human
Services, and any county or municipal health department;
(6) personnel of the Department of Human Services,
the Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all
other persons having direct contact with eligible adults;
or
(8) a person who performs the duties of a coroner
or medical examiner.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or medical care. This
subsection does not create any new affirmative duty to
provide support to eligible adults. Nothing in this Act
shall be construed to mean that an eligible adult is a victim
of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit
agency in a planning and service area appointed by the
regional administrative agency with prior approval by the
Department on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency
on Aging shall be designated the regional administrative
agency if it so requests. The Department shall assume the
functions of the regional administrative agency for any
planning and service area where another agency is not so
designated.
(j) "Substantiated case" means a reported case of
alleged or suspected abuse, neglect, or financial
exploitation in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 91-259, eff. 1-1-00; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)
Section 30. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.21 as follows:
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
Sec. 3.21. Except as authorized by this Act, the
Controlled Substances Act, the Pharmacy Practice Act of 1987,
the Dental Practice Act, the Medical Practice Act of 1987,
the Veterinary Medicine and Surgery Practice Act of 2004
1994, or the Podiatric Medical Practice Act of 1987, to sell
or dispense a prescription drug without a prescription.
(Source: P.A. 88-424.)
Section 35. The Humane Care for Animals Act is amended
by changing Section 2.01h as follows:
(510 ILCS 70/2.01h)
Sec. 2.01h. Animal shelter. "Animal shelter" means a
facility operated, owned, or maintained by a duly
incorporated humane society, animal welfare society, or other
non-profit organization for the purpose of providing for and
promoting the welfare, protection, and humane treatment of
animals. "Animal shelter" also means any veterinary hospital
or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice
Act of 2004 1994 which operates for the above mentioned
purpose in addition to its customary purposes.
(Source: P.A. 92-454, eff. 1-1-02.)
Section 40. The Humane Euthanasia in Animal Shelters Act
is amended by changing Section 5 as follows:
(510 ILCS 72/5)
Sec. 5. Definitions.
The following terms have the meanings indicated, unless the
context requires otherwise:
"Animal" means any bird, fish, reptile, or mammal other
than man.
"DEA" means the United States Department of Justice Drug
Enforcement Administration.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of the Department of
Professional Regulation.
"Euthanasia agency" means an entity certified by the
Department for the purpose of animal euthanasia that holds an
animal control facility or animal shelter license under the
Animal Welfare Act.
"Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) as set forth
in the Illinois Controlled Substances Act that are used by a
euthanasia agency for the purpose of animal euthanasia.
"Euthanasia technician" or "technician" means a person
employed by a euthanasia agency or working under the direct
supervision of a veterinarian and who is certified by the
Department to administer euthanasia drugs to euthanize
animals.
"Veterinarian" means a person holding the degree of
Doctor of Veterinary Medicine who is licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 1994.
(Source: P.A. 92-449, eff. 1-1-02.)
Section 45. The Good Samaritan Act is amended by
changing Section 60 as follows:
(745 ILCS 49/60)
Sec. 60. Veterinarians; exemption from civil liability
for emergency care to humans. Any person licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 1994 or
any person licensed as a veterinarian in any other state or
territory of the United States who in good faith provides
emergency care to a human victim of an accident, at the scene
of an accident or in a catastrophe shall not be liable for
civil damages as a result of his or her acts or omissions,
except for willful or wanton misconduct on the part of the
person in providing the care.
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
Section 99. Effective date. This Act takes effect on
December 31, 2003.