SB1372 103RD GENERAL ASSEMBLY

LRB103 26181 AMQ 52540 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1372

Introduced 2/6/2023, by Sen. Craig Wilcox

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2BBBB new

Creates the Dog Training Licensure Act. Defines terms. Creates the Dog Training Licensure Board. Provides for the authority and duties of the Board. Provides that no person shall practice, attempt to practice, or hold oneself out as being able to practice dog training in this State unless such person is licensed in accordance with the Act, holds a provisional permit in accordance with the Act, or is a licensed professional in a related field who holds and advanced degree or certification deemed by the Board to be equivalent to the certification in dog training issued by approved certification programs. Provides for: licensure requirements; provisional permits; license and permit duration, fees, and means of instruction; practice by out-of-state practitioners; complaints and discipline; restriction on liability, information handling; and penalties for unauthorized practice, fraud, and harm to animals. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Dog Training Licensure Act.

Section 5. Definitions. As used in this Act:

"Approved certification program" means an examination-based dog trainer certification program that is accredited by the National Commission for Certifying Agencies and is approved by the Board established under Section 10 of this Act and any other examination-based dog trainer certification programs approved by the Board. An "approved certification program" must: (i) include minimum education and experience eligibility requirements, as defined by the Board; (ii) require its certified dog trainers to adhere to policies equivalent to or more restrictive of aversive practices than the joint standards of practice, professional code of ethics, and least intrusive, minimally aversive effective behavior intervention policy as developed by the Association of Professional Dog Trainers, the Certification Council for Professional Dog Trainers, and the International Association of Animal Behavior Consultants, as in effect as of January 1, 2019; and (iii) require for maintenance of certification at least 36 continuing education units meeting standards defined by the Board every 3-year period. The Board shall publish on its website a list of approved certification programs as well as a list of approved dog trainer education programs that meet minimum education requirements for approved certification programs.

"Board" means the Dog Trainer Licensure Board established under Section 10.

"Department" means the Department of Agriculture.

"Director" means the Director of Agriculture.

"Dog behavior consultant" means a person who is engaged in the practice of evidence-based applied behavior analysis and behavior modification of dogs in areas such as fear, phobias, compulsive behaviors, anxiety, or aggressive behavior when performed for a fee, salary, or other form of financial compensation.

"Dog trainer" means a person who is engaged in the practice of dog training and, after the effective date of this Act, who is licensed or holds a provisional permit under this Act.

"Dog training" means the training or behavior modification of dogs or serving as a dog behavior consultant when performed for a fee, salary, or other form of financial compensation, other than on an incidental basis ancillary to other services, such as dog grooming or dog walking. "Dog training" does not include training of dogs by active military service members in connection with the members' military service roles, by active law enforcement in connection with K-9 training, by incarcerated persons under the auspices of a penal institution's program or services offered by a kennel club affiliated with or licensed or sanctioned by the American Kennel Club or the United Kennel Club if such services are offered exclusively to the club's members.

"Good professional moral character" means a person who has not abused a position of trust, engaged in fraud, or engaged in conduct that poses a substantial risk to the health or safety of the public or of animals under the person's care or supervision or that the person has demonstrated sufficient evidence of rehabilitation commensurate with the seriousness of the person's past misconduct, as determined by the Board.

"Industry recognized standards" means the joint standards of practice, professional code of ethics, and least intrusive, minimally aversive effective behavior intervention policy as developed by the Association of Professional Dog Trainers, the Certification Council for Professional Dog Trainers, and the International Association of Animal Behavior Consultants, as in effect as of January 1, 2019.

Section 10. Dog Trainer Licensure Board.

(a) The Dog Training Licensure Board is hereby created within the Department.

(b) The Board shall consist of the following members who are residents of this State:

(1) one member from the Department;

(2) four members who are dog trainers who, if they are appointed later than 180 days after the effective date of this Act, are licensed under this Act, at least one of whom shall hold a professional certification as a dog behavior consultant, or, if they are appointed on or before 180 days after the effective date of this Act, are professional dog trainers holding dog trainer certification from an accredited certification program, at least one of whom shall hold a professional certification as a dog behavior consultant;

(3) one member who is a veterinarian licensed in this State who is either a board-certified veterinary behaviorist or has professional certification in dog training;

(4) two members who are current or former dog owners who do not work as a professional dog trainers and who receive no income or financial benefit from dog training businesses; and

(5) one member who is affiliated with a nonprofit animal welfare group.

(c) The Governor shall appoint each member, other than the member from the Department, for a term of 4 years, except that of the members first appointed, 2 shall serve for a term of 4 years, 2 shall serve for a term of 3 years, 2 shall serve for a term of 2 years, and 2 shall serve for a term of one year, with the 4 initial dog trainer members distributed among these term-length groupings.

(d) Any vacancy in the membership of the Board shall be filled for the unexpired term in the same manner as provided for the original appointment.

(e) No member of the Board may serve more than 2 successive terms, which does not include any unexpired term to which the member has been appointed to fill a vacated position on the Board.

(f) The Board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson, at least one of whom shall be a dog trainer. The Board shall also appoint a secretary who need not be a member of the Board.

(g) The Board shall hold regularly scheduled meetings twice a year and may hold additional meetings as necessary to discharge its duties.

(h) A majority of the Board membership shall constitute a quorum.

(i) The Director may appoint an executive director of the Board who shall serve at the discretion of the Director. The salary of the executive director shall be determined by the Director within the limit of available funds. The Director may, within the limits of available funds, authorize the executive director to hire assistants necessary to administer this Act.

Section 15. Board authority and duties. The Board shall:

(1) adopt a seal to authenticate its records and proceedings;

(2) prescribe rules pertaining to recognition of approved certification programs and to require qualifications of applicants for licensure or other authorization to practice as dog trainers;

(3) review and determine the sufficiency of the qualifications of applicants for licensure under this Act and issue a license to each qualified and successful applicant, attesting to the applicant's professional qualification to practice as a dog trainer in this State;

(4) keep records of its proceedings, a register of all persons to whom licenses have been issued, and a record of all license renewals, suspensions, and revocations;

(5) maintain records of expenses incurred by members of the Board in the performance of the Board's duties;

(6) take disciplinary action against any individual who violates the provisions of this Act or any regulation adopted under this Act, including as set forth in Sections 50, 55, and 60;

(7) administer oaths, issue notices, issue subpoenas in the name of the State to any party or entity that may possess relevant information regarding the subject of an investigation, including to compel production of documents or testimony, receive testimony, conduct hearings, institute court proceedings for contempt to compel testimony or obedience to its orders and subpoenas, take evidentiary depositions, and perform such other acts as are reasonably necessary under this Act or other laws to carry out its duties;

(8) institute proceedings in courts of competent jurisdiction to enforce its orders and the provisions of this Act, obtain court orders and injunctions to halt unauthorized practice, and present to the proper authorities information it believes indicates an applicant or licensee may be subject to criminal prosecution;

(9) establish rules and procedures to grant reciprocal licensure to individuals who provide dog training or serve as a dog behavior consultant who hold current certification in dog training from an approved certification program and hold a dog trainer license issued by another State;

(10) adopt rules as it deems necessary to administer the provisions of this Act;

(11) develop and adopt its budget; and

(12) prescribe or change the fees for licensure, renewal, provisional permits, and other services performed.

Section 20. Unauthorized practice. Beginning on the effective date of this Act, except as otherwise permitted by rules adopted by the Board, no person shall practice, attempt to practice, or hold oneself out as being able to practice dog training in this State unless such person is licensed in accordance with the provisions of this Act, holds a provisional permit in accordance with the provisions of this Act, or is a licensed professional in a related field who holds an advanced degree or certification deemed by the Board to be equivalent to the certification in dog training issued by approved certification programs, including board-certified veterinary behaviorists holding board certification from a program recognized by the Veterinary Licensing and Disciplinary Board and the American Veterinary Medical Association and licensed veterinary technicians holding veterinary behavior technician certification.

Section 35. Licensure requirements. To be eligible for initial licensure or renewal of licensure as a dog trainer, an applicant shall fulfill the following requirements:

(1) be at least 18 years of age;

(2) be of good professional moral character; and

(3) either (i) hold current certification in dog training from an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist, or (ii) to be issued an initial license prior to 180 days after the effective date of this Act, submit proof satisfactory to the Board no later than 180 days after the date procedures are established by the Board for applying for licensure under this Act that the applicant has engaged in the practice of dog training in this State continuously for at least one year prior to the effective date of this Act and that the applicant agrees to abide by policies adopted by the Board that are equivalent to or more restrictive of aversive practices than the industry recognized standards.

Section 40. Provisional permits. The Board shall issue to applicants provisional dog trainer permits that authorize the permit holder to provide dog training services in this State under the supervision of, and documented by, a dog trainer licensed under this Act, for a period of one year from issuance of the provisional permit. A provisional dog trainer permit may be renewed for subsequent one-year periods. Prior to providing dog training services to any customer or client, the permit holder must disclose in writing to that customer or client that the permit holder is not a licensed dog trainer in this State and is providing dog training services under the supervision of one or more specific licensed dog trainers, identified by individual names, who take responsibility for the quality of the permit holder's dog training work as well as responsibility for any complaints regarding that permit holder's dog training. To be eligible for a provisional dog trainer permit under this Act, an applicant shall fulfill the following requirements:

(1) be of good professional moral character; and

(2) agree to abide by policies adopted by the Board that are equivalent to or more restrictive of aversive practices than the industry recognized standards.

Section 45. License and permit duration; fees; means of instruction.

(a) All licenses shall be issued for a 3-year period and may be renewed upon filing of a renewal application meeting the requirements of this Section.

(b) Licenses and permits shall be issued in the legal name of the applicant. Licensees and permit holders may direct the Board to include on the applicant's license or permit additional alternative names that the applicant uses personally or professionally.

(c) All applicants shall pay a fee for licensure and renewal of licensure under this Act. Fees shall be determined by the Board and established by rule and may not exceed $350 per initial license or $100 per renewal license. The Board shall set the fees such that the revenue generated from these fees is not expected to exceed the operating costs incurred by the Board in administering this Act.

(d) A license shall not be renewed until the licensee submits satisfactory evidence to the Board that the licensee holds current certification with an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist.

(e) Any person authorized to practice dog training in this State may conduct such dog training services in person and by live, remote means for any dog located in this State and, except to the extent restricted or prohibited by the laws of the jurisdiction in which the dog is located, for any dog located outside of this State.

Section 50. Practice by out-of-state practitioners. The Board shall adopt rules to allow for temporary limited dog training services by out-of-state practitioners who hold current certification from an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist, but who do not hold a license in the State, for no more than 5 days per calendar year in the aggregate. The Board shall also adopt rules for out-of-state providers of dog training services who hold current certification from an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist to apply for temporary limited permits that authorize the individual to work in this State as a dog trainer for no more than 60 days in any calendar year in the aggregate.

Section 55. Complaints and discipline.

(a) The Board shall investigate all complaints relating to the proper practice of any licensee or holder of a provisional or temporary permit under this Act and complaints relating to any violation of this Act. The Board may impose disciplinary measures based on a finding of a violation under a preponderance of the evidence standard. The Board may, during the pendency of an investigation and disciplinary proceeding, summarily suspend the license or provisional permit of a dog trainer upon a preliminary finding by the Board of probable cause to believe that the person poses a substantial and imminent risk to the health or safety of the public or of animals under the person's care or supervision.

(b) The Board may, after a hearing in accordance with adopted rules, revoke, suspend, or cancel the license or provisional or temporary permit of a dog trainer, deny or revoke eligibility for the license or provisional or temporary permit, reprimand, censure, or otherwise discipline by imposing conditions on the person's continued authorization to practice a person holding or seeking a license or provisional or temporary permit under this Act, upon proof satisfactory to a majority of the Board that said person:

(1) fraudulently procured a license or provisional or temporary permit under this Act;

(2) committed an offense against any provision of the laws of this State relating to the authorized practice of dog trainers or any rule adopted thereunder;

(3) engaged in gross misconduct in providing dog training services, practiced fraudulently, practiced with gross incompetence or with gross negligence on a particular occasion, or practiced with negligence on repeated occasions;

(4) provided dog training services while the person's ability to practice in a safe and competent manner was materially compromised in a way that posed a substantial risk to the health or safety of the public or of animals under the person's care or supervision;

(5) provided dog training services while under the influence of alcohol or a drug described in this subsection and while habitually intoxicated or addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects, other than with respect to lawful use of medication in accordance with a prescription issued to that person;

(6) knowingly and for purposes of fraud, deception, or personal gain permitted, aided, or abetted an unlicensed and unauthorized person to perform activities requiring a license or provisional or temporary permit under this Act, excluding activities permissible under any provision of the laws of the State relative to the training of aspiring dog trainers;

(7) has committed fraud or a criminal offense that reasonably calls into question the person's ability to practice as a dog trainer without posing a substantial risk to the health or safety of the public or of animals under the person's care or supervision;

(8) engaged in conduct in material violation of industry recognized standards or standards equivalent to or more restrictive of aversive practices that have been adopted by the Board through policy or rulemaking;

(9) failed to adequately supervise the dog training services of a provisional permit holder who provides those services under the supervision of the licensee; or

(10) violated any rule of the Board governing the practice of dog trainers.

Section 60. Restriction on liability; information handling.

(a) No person filing a complaint or reporting or providing information under this Act or assisting the Board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of the receipt of such information or assistance if the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice.

(b) During the pendency of a proceeding, the Board shall keep confidential any complaint, report, record, or other information received or kept by the Board in connection with an investigation conducted by the Board under this Section, except with respect to any action that the Board takes affecting the individual's right to practice. After the Board has disposed of the matter under investigation by issuing an order to show cause, by dismissing a complaint, or by taking other final action, investigative records or information of the Board shall not be kept confidential except to the extent that disclosures of records or other information may be restricted as otherwise provided by law or by the Board's rules. The requirement that investigative records or information be kept confidential shall not, at any time, apply to requests from the person under investigation or the complainant, or information the Board reports to other state or federal agencies, boards, or institutions as the Board shall determine by rule.

Section 65. Penalties for unauthorized practice, fraud, and harm to animals. Except as provided in this Act, beginning 180 days after the effective date of this Act, whoever, not being lawfully authorized to provide dog training services in the State by holding a license or provisional or temporary permit under this Act or as otherwise permitted by rules adopted by the Board, holds oneself out in this State as a dog trainer or provides or attempts to provide dog training services in this State, whoever provides dog training services under a false or assumed name or under a name other than those by which the individual is authorized by the Board to practice, whoever impersonates another dog trainer, or whoever practices or attempts to practice any fraud in connection with the filing of an application for a dog training license or provisional or temporary permit, shall be subject to the jurisdiction of the Board and shall be punished by a civil fine of not less than $200 but not more than $3,000. Violations involving any fraudulent act or practice in relation to a consumer or the State shall constitute an offense under the Consumer Fraud and Deceptive Business Practices Act. In such matters and any matter involving animal cruelty or neglect, the Board shall, in addition to any discipline it imposes, report such matters to the proper authorities for criminal prosecution under any applicable criminal statute. A person rendering dog training services in violation of this Section shall recover no compensation for those services, and a court may order a person convicted of an offense under this Section to pay restitution to persons who incurred damages as a result of the convicted individual's offense.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2BBBB as follows:

(815 ILCS 505/2BBBB new)

Sec. 2BBBB. Violations of the Dog Training Licensure Act. Any person who violates the Dog Training Licensure Act in a manner that involves any fraudulent act or practice in relation to a consumer or the State commits an unlawful practice within the meaning of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.