|
Sen. Iris Y. Martinez
Filed: 3/1/2016
| | 09900SB2421sam002 | | LRB099 15865 SLF 45789 a |
|
|
1 | | AMENDMENT TO SENATE BILL 2421
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 2421 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Humane Euthanasia in Animal Shelters Act is |
5 | | amended by changing Sections 5, 20, 35, 45, 55, 60, 65, 85, 90, |
6 | | 100, 105, 115, 120, 125, 130, 135, 140, 145, 150, 160, 165, and |
7 | | 170 and by adding Section 190 as follows:
|
8 | | (510 ILCS 72/5)
|
9 | | Sec. 5. Definitions. The following terms have the meanings |
10 | | indicated, unless the context
requires otherwise:
|
11 | | "Address of record" means the designated address recorded |
12 | | by the Department in the applicant, euthanasia agency, or |
13 | | euthanasia technician's file as maintained by the Department's |
14 | | licensure maintenance unit. |
15 | | "Animal" means any bird, fish, reptile, or mammal other |
16 | | than man.
|
|
| | 09900SB2421sam002 | - 2 - | LRB099 15865 SLF 45789 a |
|
|
1 | | "DEA" means the United States Department of Justice Drug |
2 | | Enforcement
Administration.
|
3 | | "Department" means the Department of
Financial and |
4 | | Professional Regulation.
|
5 | | "Director" means the Director of the Department of |
6 | | Professional
Regulation.
|
7 | | "Euthanasia agency" means an entity certified by the |
8 | | Department for the
purpose of animal euthanasia that holds an |
9 | | animal control facility or animal
shelter license under the |
10 | | Animal Welfare Act and that permits only euthanasia technicians |
11 | | or veterinarians to perform the euthanasia of animals.
|
12 | | "Euthanasia drugs" means
Schedule II or Schedule III |
13 | | substances (nonnarcotic controlled substances) as
set forth
in |
14 | | the Illinois Controlled Substances Act that are used by a |
15 | | euthanasia agency
for the purpose of animal euthanasia.
|
16 | | "Euthanasia technician" or "technician" means a person |
17 | | employed by a
euthanasia
agency
or working under the direct |
18 | | supervision of a
veterinarian
and who is certified by the |
19 | | Department to administer euthanasia drugs to
euthanize |
20 | | animals.
|
21 | | "Secretary" means the Secretary of Financial and |
22 | | Professional Regulation. |
23 | | "Veterinarian" means a person holding the degree of Doctor |
24 | | of Veterinary
Medicine who is licensed under the Veterinary |
25 | | Medicine and Surgery
Practice
Act of 2004.
|
26 | | (Source: P.A. 96-780, eff. 8-28-09.)
|
|
| | 09900SB2421sam002 | - 3 - | LRB099 15865 SLF 45789 a |
|
|
1 | | (510 ILCS 72/20)
|
2 | | Sec. 20. Application for original certification ; change of |
3 | | address . |
4 | | (a) Applications for
original certification
shall be made |
5 | | to the Department in writing, shall be signed by the applicant |
6 | | on
forms
prescribed by the Department, and shall be accompanied |
7 | | by a nonrefundable fee
set by rule. The Department may require
|
8 | | information from the applicant that, in its judgment, will |
9 | | enable the
Department to determine the
qualifications of the |
10 | | applicant for certification.
|
11 | | (b) It is the duty of the applicant, euthanasia agency, or |
12 | | euthanasia technician to inform the Department of any change of |
13 | | address, and those changes must be made either through the |
14 | | Department's website or by contacting the Department. |
15 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
16 | | (510 ILCS 72/35)
|
17 | | Sec. 35. Technician certification; duties.
|
18 | | (a) An applicant for certification as a euthanasia |
19 | | technician shall file an
application with the Department and |
20 | | shall:
|
21 | | (1) Be 18 years of age.
|
22 | | (2) Be of good moral character. In determining moral |
23 | | character under this
Section, the Department may take into |
24 | | consideration whether the applicant has
engaged in conduct |
|
| | 09900SB2421sam002 | - 4 - | LRB099 15865 SLF 45789 a |
|
|
1 | | or activities that would constitute grounds for discipline
|
2 | | under this Act.
|
3 | | (3) Each applicant for certification as a euthanasia |
4 | | technician shall
have his or her fingerprints submitted to |
5 | | the Department of State Police in an
electronic format that |
6 | | complies with the form and manner for requesting and
|
7 | | furnishing criminal history record information as |
8 | | prescribed by the Department
of State Police. These |
9 | | fingerprints shall be checked against the Department of
|
10 | | State Police and Federal Bureau of Investigation criminal |
11 | | history record
databases now and hereafter filed. The |
12 | | Department of State Police shall charge
applicants a fee |
13 | | for conducting the criminal history records check, which |
14 | | shall
be deposited in the State Police Services Fund and |
15 | | shall not exceed the actual
cost of the records check. The |
16 | | Department of State Police shall furnish,
pursuant to |
17 | | positive identification, records of Illinois convictions |
18 | | to the
Department.
|
19 | | (4) Hold a license or certification from the American |
20 | | Humane
Association, the National Animal Control |
21 | | Association, the Illinois Federation
of Humane Societies, |
22 | | or the Humane Society of the United States issued within
3 |
23 | | years preceding the date of application.
Every 2 5 years a |
24 | | certified euthanasia technician must renew his or her |
25 | | certification with the Department. At the time of renewal, |
26 | | the technician must present proof that he or she attended a |
|
| | 09900SB2421sam002 | - 5 - | LRB099 15865 SLF 45789 a |
|
|
1 | | class or seminar, administered by the American Humane |
2 | | Association, the National Animal Control Association, the |
3 | | Illinois Federation of Humane Societies, or the Humane |
4 | | Society of the United States, that teaches techniques or |
5 | | guidelines, or both, for humane animal euthanasia.
|
6 | | (5) Pay the required fee.
|
7 | | (b) The duties of a euthanasia technician shall include but |
8 | | are not limited
to:
|
9 | | (1) preparing animals for euthanasia and scanning each |
10 | | animal, prior to
euthanasia, for microchips;
|
11 | | (2) accurately recording the dosages administered and |
12 | | the amount of drugs
wasted;
|
13 | | (3) ordering supplies;
|
14 | | (4) maintaining the security of all controlled |
15 | | substances and drugs;
|
16 | | (5) humanely euthanizing animals via intravenous |
17 | | injection by hypodermic
needle, intraperitoneal injection |
18 | | by hypodermic needle, or
intracardiac injection only on |
19 | | comatose
animals by hypodermic needle; and
|
20 | | (6) properly disposing of euthanized animals after |
21 | | verification of death.
|
22 | | (c) A euthanasia technician employed by a euthanasia agency |
23 | | may perform
euthanasia by the administration of a Schedule II
|
24 | | nonnarcotic or Schedule III nonnarcotic controlled
substance. |
25 | | A euthanasia
technician may not personally possess, order, or |
26 | | administer a controlled
substance except as an agent of the |
|
| | 09900SB2421sam002 | - 6 - | LRB099 15865 SLF 45789 a |
|
|
1 | | euthanasia agency.
|
2 | | (d) Upon termination from a euthanasia agency, a euthanasia |
3 | | technician shall
not perform
animal euthanasia until he or she |
4 | | is employed by another certified euthanasia
agency.
|
5 | | (e) A certified euthanasia technician or an instructor in |
6 | | an approved course
does not engage in the practice of
|
7 | | veterinary
medicine when performing duties set forth in this |
8 | | Act.
|
9 | | (Source: P.A. 96-780, eff. 8-28-09.)
|
10 | | (510 ILCS 72/45)
|
11 | | Sec. 45.
Certifications; renewal; restoration; person in |
12 | | military
service; inactive status.
|
13 | | (a) The expiration date, renewal period, renewal fees, and |
14 | | procedures for
renewal of each certification issued under this |
15 | | Act shall be set by rule. As a condition for renewal of a |
16 | | certification, humane euthanasia technicians may be required |
17 | | to complete additional coursework or education, as defined by |
18 | | rule.
|
19 | | (b) Any person who has permitted a euthanasia technician |
20 | | certification to
expire or who has a
certification on inactive |
21 | | status may have it restored by submitting an
application to the |
22 | | Department and filing proof of fitness, as defined by rule,
to |
23 | | have the certification restored, including, if appropriate, |
24 | | evidence that is
satisfactory to the Department certifying |
25 | | active practice in another
jurisdiction and by paying the |
|
| | 09900SB2421sam002 | - 7 - | LRB099 15865 SLF 45789 a |
|
|
1 | | required fee.
|
2 | | (c) If the person has not maintained an active practice in |
3 | | another
jurisdiction that is satisfactory to the Department, |
4 | | the Department shall
determine the person's fitness to resume |
5 | | active status.
|
6 | | (d) Any person whose euthanasia technician certification |
7 | | expired while on
active duty with the armed
forces of the |
8 | | United States, while called into service or training with the
|
9 | | State Militia or in training or education under the supervision |
10 | | of the United
States government prior to induction into the |
11 | | military service, however, may
have his or her certification |
12 | | restored without paying any renewal fees if,
within 2 years |
13 | | after the termination of that service, training, or education,
|
14 | | except under conditions other than honorable, the Department is |
15 | | furnished with
satisfactory evidence that the person has been |
16 | | so engaged and that the
service, training, or education has |
17 | | been so terminated.
|
18 | | (e) A euthanasia technician certificate holder may place |
19 | | his or her
certification on inactive
status and shall be |
20 | | excused from paying renewal fees until he or she notifies
the |
21 | | Department in writing of the intention to resume active |
22 | | practice. A
certificate holder who is on inactive status shall |
23 | | not practice while the
certificate
is in inactive status.
|
24 | | (f) The Department shall set by rule the requirements for |
25 | | restoration of a
euthanasia agency certification and the |
26 | | requirements for a change of
location.
|
|
| | 09900SB2421sam002 | - 8 - | LRB099 15865 SLF 45789 a |
|
|
1 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
2 | | (510 ILCS 72/55)
|
3 | | Sec. 55. Endorsement. An applicant, who is a euthanasia |
4 | | technician certified,
registered , or licensed under the laws of |
5 | | another state or territory of the
United States that has |
6 | | requirements that are substantially similar to the
|
7 | | requirements of this Act,
may be granted
certification as a |
8 | | euthanasia technician in this State without examination,
upon |
9 | | presenting satisfactory proof to the Department
that the |
10 | | applicant has been engaged in the practice of euthanasia for a |
11 | | period
of not less than one year and upon payment of the |
12 | | required fee. In addition,
an applicant shall have his or her |
13 | | fingerprints submitted to the Department of
State Police for |
14 | | purposes of a criminal history records check pursuant to
clause |
15 | | (a)(3) of Section 35.
|
16 | | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
|
17 | | (510 ILCS 72/60)
|
18 | | Sec. 60. Fees; returned checks. An agency or person who |
19 | | delivers a check
or other
payment to the Department that is |
20 | | returned to the Department unpaid by the
financial
institution |
21 | | upon which it is drawn shall pay to the Department, in addition |
22 | | to
the amount
already owed to the Department a fine of $50.
The |
23 | | fines imposed by
this Section are in addition to any other |
24 | | discipline provided under this Act.
The Secretary Director
may |
|
| | 09900SB2421sam002 | - 9 - | LRB099 15865 SLF 45789 a |
|
|
1 | | waive the fines due under this Section in individual cases |
2 | | where the Secretary
Director finds
that the fines would be |
3 | | unreasonable or unnecessarily burdensome.
|
4 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
5 | | (510 ILCS 72/65)
|
6 | | Sec. 65. Refused issuance, suspension, or revocation of |
7 | | certification. The Department
may refuse to issue, renew, or |
8 | | restore a certification or may revoke or suspend
a |
9 | | certification,
or place on
probation, reprimand, impose a fine |
10 | | not to exceed $10,000 for each violation, or
take other
|
11 | | disciplinary or non-disciplinary action as the Department may |
12 | | deem proper with regard to a
certified euthanasia agency or a
|
13 | | certified
euthanasia technician for any one or combination of |
14 | | the following reasons:
|
15 | | (1) in the case of a
certified
euthanasia technician, |
16 | | failing to carry out the duties of a euthanasia technician |
17 | | set forth in this Act or rules adopted under this Act;
|
18 | | (2) abusing the use of any controlled substance or |
19 | | euthanasia drug;
|
20 | | (3) selling, stealing, or giving controlled substances |
21 | | or euthanasia drugs away;
|
22 | | (4) abetting anyone in violating item (1) or (2) of |
23 | | this Section;
|
24 | | (5) violating any provision of this Act, the Illinois |
25 | | Controlled
Substances
Act,
the Illinois Food, Drug and |
|
| | 09900SB2421sam002 | - 10 - | LRB099 15865 SLF 45789 a |
|
|
1 | | Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the |
2 | | federal Controlled Substances Act, the rules adopted under |
3 | | these Acts, or any rules adopted by the Department
of |
4 | | Financial and Professional Regulation concerning the |
5 | | euthanizing of animals;
|
6 | | (6) in the case of a euthanasia technician, acting as a |
7 | | euthanasia technician outside of the scope of his or her |
8 | | employment with a certified euthanasia agency; and |
9 | | (7) in the case of a euthanasia technician, being |
10 | | convicted of or entering a plea of guilty or nolo |
11 | | contendere to any crime that is (i) a felony under the laws |
12 | | of the United States or any state or territory thereof, |
13 | | (ii) a misdemeanor under the laws of the United States or |
14 | | any state or territory an essential element of which is |
15 | | dishonesty, or (iii) directly related to the practice of |
16 | | the profession. |
17 | | (Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)
|
18 | | (510 ILCS 72/85)
|
19 | | Sec. 85. Cease and desist order.
|
20 | | (a) If an agency or person violates a provision of this |
21 | | Act, the Secretary Director
may,
in the
name of the People of |
22 | | the State of Illinois, through the Attorney General of
the
|
23 | | State of Illinois, petition for an order enjoining the |
24 | | violation or for an
order
enforcing compliance with this Act. |
25 | | Upon the filing of a verified petition in
court,
the court may |
|
| | 09900SB2421sam002 | - 11 - | LRB099 15865 SLF 45789 a |
|
|
1 | | issue a temporary restraining order, without notice or bond, |
2 | | and
may preliminarily and permanently enjoin the violation, and |
3 | | if it is
established
that the agency or person has violated or |
4 | | is violating the injunction, the
court may
punish the offender |
5 | | for contempt of court. Proceedings under this Section
shall be
|
6 | | in addition to, and not in lieu of, all other remedies and |
7 | | penalties provided
by this
Act.
|
8 | | (b) Whenever, in the opinion of the Department, an agency |
9 | | or person violates a
provision
of this
Act, the Department may |
10 | | issue a rule to show cause why an order to cease and
desist |
11 | | should not be entered against the agency. The rule shall |
12 | | clearly set
forth the
grounds relied upon by the Department and |
13 | | shall provide a period of 7 days from
the date of the rule to |
14 | | file an answer to the satisfaction of the Department.
Failure
|
15 | | to answer to the satisfaction of the Department shall cause an |
16 | | order to cease
and
desist to be issued immediately.
|
17 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
18 | | (510 ILCS 72/90)
|
19 | | Sec. 90. Uncertified practice; civil penalty.
|
20 | | (a) A person who practices, offers to practice, attempts to |
21 | | practice, or
holds
himself
or herself out as a certified |
22 | | euthanasia technician or a certified euthanasia
agency without |
23 | | being certified
under
this Act shall, in addition to any other |
24 | | penalty provided by law, pay a civil
penalty
to the Department |
25 | | in an amount not to exceed $10,000 for each offense as
|
|
| | 09900SB2421sam002 | - 12 - | LRB099 15865 SLF 45789 a |
|
|
1 | | determined by the Department. The civil penalty shall be |
2 | | assessed by the
Department after a hearing is held in |
3 | | accordance with the provisions set forth
in
this Act regarding |
4 | | the provision of a hearing for the discipline of a certified
|
5 | | euthanasia technician or a certified euthanasia agency. The |
6 | | civil penalty must
be paid within 60 days after
the
effective |
7 | | date of the order imposing the civil penalty. The order shall
|
8 | | constitute a
judgment and may be filed and executed in the same |
9 | | manner as any judgment
from any court of record.
|
10 | | (b) The Department may investigate any uncertified |
11 | | activity.
|
12 | | (c) Instructors or licensed veterinarians teaching humane |
13 | | euthanasia techniques
are exempt from the certification |
14 | | process so long as they are currently certified, registered, or |
15 | | licensed by another state as a euthanasia technician or as a |
16 | | veterinarian.
|
17 | | (Source: P.A. 96-780, eff. 8-28-09.)
|
18 | | (510 ILCS 72/100)
|
19 | | Sec. 100. Investigations; notice and hearing.
|
20 | | (a) The Department may investigate the actions of an |
21 | | applicant or an animal
shelter
or animal control facility |
22 | | holding or claiming to hold a certificate.
|
23 | | (b) Before refusing to issue or renew a certificate or |
24 | | disciplining
a certified euthanasia agency or technician,
the |
25 | | Department shall notify in writing the applicant, the |
|
| | 09900SB2421sam002 | - 13 - | LRB099 15865 SLF 45789 a |
|
|
1 | | euthanasia agency, or euthanasia
technician of the nature of |
2 | | the charges and that a hearing will be held on the
date |
3 | | designated, which shall be at least 30 days
after
the date of |
4 | | the notice.
The Department shall direct the applicant, |
5 | | euthanasia agency, or euthanasia technician
to
file a written |
6 | | answer to the Department under oath within 20 days after the
|
7 | | service
of
the notice and inform the applicant, euthanasia |
8 | | agency, or euthanasia technician that failure to file
an answer |
9 | | will result
in
default being taken against the applicant, |
10 | | euthanasia agency, or euthanasia technician and that the
|
11 | | certificate may be suspended, revoked, placed on probationary |
12 | | status, or other
disciplinary action may be taken, including |
13 | | limiting the scope, nature, or
extent of
business as the |
14 | | Secretary Director may deem proper. Written notice may be |
15 | | served by
personal delivery or certified or registered mail |
16 | | sent to the applicant, euthanasia agency, or euthanasia |
17 | | technician's respondent at the
most recent address of on record |
18 | | with the Department .
|
19 | | If the applicant, euthanasia agency,
or euthanasia |
20 | | technician fails to file
an
answer after receiving notice, the |
21 | | certification may, in the
discretion of
the Department, be |
22 | | suspended, revoked, or placed on probationary status, or the
|
23 | | Department may take whatever disciplinary action it deems |
24 | | proper including
imposing a civil penalty, without a hearing if |
25 | | the act or acts charged
constitute
sufficient
ground for such |
26 | | action under this Act.
|
|
| | 09900SB2421sam002 | - 14 - | LRB099 15865 SLF 45789 a |
|
|
1 | | At the time and place fixed in the
notice,
the Department |
2 | | shall proceed to hear the charges, and the parties or their
|
3 | | counsel
shall
be accorded ample opportunity to present such |
4 | | statements, testimony, evidence,
and argument as may be |
5 | | pertinent to the charges or to their defense. The
Department
|
6 | | may continue a hearing from time to time.
|
7 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
8 | | (510 ILCS 72/105)
|
9 | | Sec. 105. Records of proceedings Stenographer; transcript . |
10 | | The Department, at its expense,
shall
preserve a
record of all |
11 | | proceedings at the formal hearing of any case involving the
|
12 | | refusal to issue
or renew a certificate or the discipline of a |
13 | | certified euthanasia technician.
The notice of
hearing, |
14 | | complaint, and all other documents in the nature of pleadings, |
15 | | written
motions
filed in the proceedings, the transcript of |
16 | | testimony, the report of the
hearing officer,
and the order
of |
17 | | the Department shall be the record of the proceeding.
|
18 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
19 | | (510 ILCS 72/115)
|
20 | | Sec. 115. Findings and recommendations. At the conclusion |
21 | | of the
hearing,
the hearing officer
shall present to the |
22 | | Secretary Director a written report of its findings and
|
23 | | recommendations. The
report shall contain a finding of whether |
24 | | or not the accused applicant, euthanasia agency,
or euthanasia
|
|
| | 09900SB2421sam002 | - 15 - | LRB099 15865 SLF 45789 a |
|
|
1 | | technician violated
this Act or failed to comply with the |
2 | | conditions required in this Act. The
hearing officer shall
|
3 | | specify the nature of the violation or failure to comply, and |
4 | | shall make its
recommendations to the Secretary Director .
|
5 | | The report of the findings and recommendations of the |
6 | | hearing officer may shall
be the
basis
for
the Department's |
7 | | order of refusal or for the granting of certification unless
|
8 | | the Secretary Director
determines that the hearing officer's |
9 | | report is contrary to the manifest
weight of
the evidence,
in |
10 | | which case the Secretary Director may issue an order in |
11 | | contravention of the hearing
officer's
report. The
finding is |
12 | | not admissible in evidence against the applicant, agency, or
|
13 | | technician in a criminal
prosecution brought
for the violation |
14 | | of this Act, but the hearing and finding are not a bar to a
|
15 | | criminal
prosecution brought for the violation of this Act.
|
16 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
17 | | (510 ILCS 72/120)
|
18 | | Sec. 120. Motion for rehearing Rehearing on motion . In a |
19 | | case involving the refusal to issue
or renew a
certificate or |
20 | | the discipline of a certified euthanasia agency or technician, |
21 | | a copy of
the hearing officer's
report shall be served upon the |
22 | | respondent by the Department, either personally
or as
provided |
23 | | in this Act for the service of the notice of hearing. Within 20 |
24 | | days
after such
service, the respondent may present to the |
25 | | Department a motion in writing for a
rehearing, which shall |
|
| | 09900SB2421sam002 | - 16 - | LRB099 15865 SLF 45789 a |
|
|
1 | | specify the particular grounds for rehearing. If no
motion for
|
2 | | rehearing is filed, then upon the expiration of the time |
3 | | specified for filing
the motion, or
if a motion for rehearing |
4 | | is denied, then upon such denial the Secretary Director may
|
5 | | enter an order
in accordance with recommendations of the |
6 | | hearing officer except as provided in
Section
125 of
this Act. |
7 | | If the respondent shall order from the reporting service and |
8 | | pay for
a transcript
of the record with the time for filing a |
9 | | motion for rehearing, the 20 day
period within
which such a |
10 | | motion may be filed shall commence upon the delivery of the
|
11 | | transcript to
the respondent.
|
12 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
13 | | (510 ILCS 72/125)
|
14 | | Sec. 125. Rehearing on order of Secretary Director . |
15 | | Whenever the Secretary Director is
satisfied that
substantial |
16 | | justice has not been done in the revocation or suspension of a
|
17 | | certification or
refusal to issue or renew a certificate, the |
18 | | Secretary Director may order a rehearing.
|
19 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
20 | | (510 ILCS 72/130)
|
21 | | Sec. 130. Hearing officer. The Secretary Director has the |
22 | | authority to appoint an
attorney duly
licensed to practice law |
23 | | in this State to serve as the hearing officer in an
action for |
24 | | refusal
to issue or renew a certificate or for the discipline |
|
| | 09900SB2421sam002 | - 17 - | LRB099 15865 SLF 45789 a |
|
|
1 | | of a certified
euthanasia agency or
technician. The
hearing |
2 | | officer
shall have full authority to conduct the hearing. The |
3 | | hearing officer shall
report his or her
findings of fact, |
4 | | conclusions of law, and recommendations to the Secretary |
5 | | Director . If the Secretary disagrees with the recommendation of |
6 | | the hearing officer, then the Secretary may issue an order in |
7 | | contravention of the report.
|
8 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
9 | | (510 ILCS 72/135)
|
10 | | Sec. 135. Order or certified copy. An order or a certified |
11 | | copy of an
order, over the
seal of the Department and |
12 | | purporting to be signed by the Secretary Director , shall be
|
13 | | prima facie
proof that:
|
14 | | (1) the signature is the genuine signature of the |
15 | | Secretary Director ; and
|
16 | | (2) the Secretary Director is duly appointed and |
17 | | qualified.
|
18 | | This proof may be rebutted.
|
19 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
20 | | (510 ILCS 72/140)
|
21 | | Sec. 140. Restoration of certificate. Any time after the |
22 | | successful completion of a term of indefinite probation, or the |
23 | | suspension or
revocation of a
certificate, the Department may |
24 | | restore the certificate to the accused agency
upon the
written |
|
| | 09900SB2421sam002 | - 18 - | LRB099 15865 SLF 45789 a |
|
|
1 | | recommendation of the Secretary Department unless, after an |
2 | | investigation and a
hearing, the
Department determines that |
3 | | restoration is not in the public interest or that the licensee |
4 | | has not been sufficiently rehabilitated to warrant the public |
5 | | trust. No person or entity whose certificate has been revoked |
6 | | as authorized in this Act may apply for restoration of that |
7 | | license, certification, or authority until the time as provided |
8 | | for in the Department of Professional Regulation Law of the |
9 | | Civil Administrative Code of Illinois .
|
10 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
11 | | (510 ILCS 72/145)
|
12 | | Sec. 145. Surrender of certificate. Upon the revocation or |
13 | | suspension of
a certificate, the euthanasia agency or |
14 | | euthanasia technician shall immediately surrender the
|
15 | | certificate to the Department, and if the euthanasia agency or |
16 | | euthanasia technician fails to do so,
the Department shall have |
17 | | the right to seize the certificate.
|
18 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
19 | | (510 ILCS 72/150)
|
20 | | Sec. 150. Summary Temporary suspension of a certificate. |
21 | | The Secretary Director may summarily
temporarily
suspend the |
22 | | certificate of a euthanasia agency or euthanasia technician
|
23 | | without a
hearing, simultaneously with the institution of |
24 | | proceedings for a hearing, if
the Secretary Director
finds that |
|
| | 09900SB2421sam002 | - 19 - | LRB099 15865 SLF 45789 a |
|
|
1 | | the evidence in his or her possession indicates that the |
2 | | continued
practice of the certified euthanasia
agency or |
3 | | technician would constitute cruelty or an imminent
danger to
|
4 | | the public. If the Secretary Director temporarily suspends the |
5 | | certificate without a
hearing, a
hearing by the hearing officer |
6 | | shall be commenced must be held within 30 days of the |
7 | | suspension and shall be concluded as expeditiously as possible .
|
8 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
9 | | (510 ILCS 72/160)
|
10 | | Sec. 160. Certification of record; costs. The Department |
11 | | shall not be
required to
certify any record to the court or |
12 | | file any answer in court or otherwise appear
in
a court in a
|
13 | | judicial review proceeding, unless there is filed in the court, |
14 | | with the
complaint, a receipt
from the Department acknowledging |
15 | | payment of the costs of furnishing and
certifying the
record , |
16 | | which costs shall be determined by the Department. Exhibits |
17 | | shall be certified without cost . Failure on the part of the |
18 | | plaintiff to file a receipt in court shall
be grounds for
|
19 | | dismissal of the action.
|
20 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
21 | | (510 ILCS 72/165)
|
22 | | Sec. 165. Criminal penalties. An applicant, euthanasia |
23 | | agency
or euthanasia technician
who is found to have violated a
|
24 | | provision of
this Act is guilty of a Class A misdemeanor for |
|
| | 09900SB2421sam002 | - 20 - | LRB099 15865 SLF 45789 a |
|
|
1 | | the first offense . On conviction of a second or
subsequent
|
2 | | offense, the violator shall be guilty of a Class 4 felony. The |
3 | | Department shall, for the purpose of criminal investigation and |
4 | | prosecution, refer alleged violations of this Act to (i) local |
5 | | law enforcement officials or the Illinois State Police and (ii) |
6 | | the State's Attorney of the county within which the violation |
7 | | occurred. The Department shall, for the purpose of criminal |
8 | | investigation and prosecution, refer alleged violations of the |
9 | | Humane Care for Animals Act to (i) local law enforcement |
10 | | officials or the Illinois State Police and (ii) the State's |
11 | | Attorney of the county within which the violation occurred.
|
12 | | (Source: P.A. 96-780, eff. 8-28-09.)
|
13 | | (510 ILCS 72/170)
|
14 | | Sec. 170. Administrative Procedure Act. The Illinois |
15 | | Administrative
Procedure Act
is hereby expressly adopted and |
16 | | incorporated in this Act as if all of the
provisions of that
|
17 | | Act were included in this Act, except that the provision of |
18 | | subsection (d) of
Section 10-65
of the Illinois Administrative |
19 | | Procedure Act, which provides that at hearings
the certificate |
20 | | license
holder has the right to show compliance with all lawful |
21 | | requirements for
retention,
continuation, or renewal of a |
22 | | certificate license , is specifically excluded. For the
|
23 | | purposes of this
Act, the notice required under Section 10-25 |
24 | | of the Illinois Administrative
Procedure Act
is deemed |
25 | | sufficient when mailed to the last known address of record a |
|
| | 09900SB2421sam002 | - 21 - | LRB099 15865 SLF 45789 a |
|
|
1 | | party .
|
2 | | (Source: P.A. 92-449, eff. 1-1-02.)
|
3 | | (510 ILCS 72/190 new) |
4 | | Sec. 190. Confidentiality. All information collected by |
5 | | the Department in the course of an examination or investigation |
6 | | of an applicant, euthanasia agency, or euthanasia technician, |
7 | | including, but not limited to, any complaint against an |
8 | | applicant, euthanasia agency, or euthanasia technician filed |
9 | | with the Department and information collected to investigate |
10 | | any complaint shall be maintained for the confidential use of |
11 | | the Department and shall not be disclosed. The Department may |
12 | | not disclose the information to anyone other than law |
13 | | enforcement officials, other regulatory agencies that have an |
14 | | appropriate regulatory interest as determined by the |
15 | | Secretary, or to a party presenting a lawful subpoena to the |
16 | | Department. Information and documents disclosed to a federal, |
17 | | State, county, or local law enforcement agency shall not be |
18 | | disclosed by the agency for any purpose to any other entity or |
19 | | person. A formal complaint filed against an applicant, |
20 | | euthanasia agency, or euthanasia technician by the Department |
21 | | or any order issued by the Department against an applicant, |
22 | | euthanasia agency, or euthanasia technician shall be a public |
23 | | record, except as otherwise prohibited by law.
|
24 | | Section 99. Effective date. This Act takes effect upon |