093_HB0464

 
                                     LRB093 05289 AMC 05379 b

 1        AN ACT concerning professional regulation.

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

 4        Section 5.  The  Regulatory  Sunset  Act  is  amended  by
 5    changing Sections 4.14 and 4.24 as follows:

 6        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
 7        Sec. 4.14.  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003:
 9             The  Private  Detective,  Private Alarm, and Private
10        Security Act of 1993.
11             The Illinois Occupational Therapy Practice Act.
12        (b)  The following Acts are repealed January 1, 2004:
13             The Illinois Certified Shorthand  Reporters  Act  of
14        1984.
15             The  Veterinary Medicine and Surgery Practice Act of
16        1994.
17    (Source: P.A. 92-457, eff 8-21-01.)

18        (5 ILCS 80/4.24)
19        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
20    following Acts are repealed on January 1, 2014:
21        The Electrologist Licensing Act.
22        The Illinois Public Accounting Act.
23        The Veterinary Medicine and Surgery Practice Act of 2004.
24    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

25        Section  10.   The  Environmental   Health   Practitioner
26    Licensing Act is amended by changing Section 16 as follows:

27        (225 ILCS 37/16)
28        (Section scheduled to be repealed on January 1, 2007)
 
                            -2-      LRB093 05289 AMC 05379 b
 1        Sec.  16.  Exemptions.   This  Act  does  not prohibit or
 2    restrict any of the following:
 3        (1)  A person performing the functions and duties  of  an
 4    environmental   health   practitioner   under   the   general
 5    supervision  of  a licensed environmental health practitioner
 6    or licensed professional engineer if that person (i)  is  not
 7    responsible  for  the administration or supervision of one or
 8    more employees engaged in an  environmental  health  program,
 9    (ii)  establishes  a  method of verbal communication with the
10    licensed  environmental  health  practitioner   or   licensed
11    professional  engineer  to  whom  they  can  refer and report
12    questions, problems, and emergency situations encountered  in
13    environmental  health  practice,  and  (iii)  has  his or her
14    written reports reviewed monthly by a licensed  environmental
15    health practitioner or licensed professional engineer.
16        (2)  A  person licensed in this State under any other Act
17    from engaging  in  the  practice  for  which  he  or  she  is
18    licensed.
19        (3)  A   person  working  in  laboratories  licensed  by,
20    registered with, or operated by the State of Illinois.
21        (4)  A person employed by a  State-licensed  health  care
22    facility  who engages in the practice of environmental health
23    or whose  job  responsibilities  include  ensuring  that  the
24    environment  in  the health care facility is healthy and safe
25    for employees, patients, and visitors.
26        (5)  A person employed with the  Illinois  Department  of
27    Agriculture  who  engages  in meat and poultry inspections or
28    environmental  inspections  under  the   authority   of   the
29    Department of Agriculture.
30        (6)  A  person  holding  a degree of Doctor of Veterinary
31    Medicine  and  Surgery  and  licensed  under  the  Veterinary
32    Medicine and Surgery Practice Act of 2004.
33    (Source: P.A. 92-837, eff. 8-22-02.)
 
                            -3-      LRB093 05289 AMC 05379 b
 1        Section 15.  The Veterinary Medicine and Surgery Practice
 2    Act of 1994 is amended by changing Sections 2, 3,  4,  5,  8,
 3    8.1, 11, 15, 24.1, and 25 as follows:

 4        (225 ILCS 115/2) (from Ch. 111, par. 7002)
 5        (Section scheduled to be repealed on January 1, 2004)
 6        Sec. 2.  This Act may be cited as the Veterinary Medicine
 7    and Surgery Practice Act of 2004 1994.
 8    (Source: P.A. 88-424.)

 9        (225 ILCS 115/3) (from Ch. 111, par. 7003)
10        (Section scheduled to be repealed on January 1, 2004)
11        Sec.  3.   Definitions;  unlicensed  practice prohibited.
12    (a) The following terms have the meanings  indicated,  unless
13    the context requires otherwise:
14        "Animal"  means  any  animal, vertebrate or invertebrate,
15    other than a human.
16        "Board" means the Veterinary Licensing  and  Disciplinary
17    Board.
18        "Certified  veterinary technician" means a person who has
19    graduated from a veterinary technology program accredited  by
20    the  American Veterinary Medical Association who has filed an
21    application with the Department, paid the fee, and passed the
22    examination as prescribed by rule.
23        "Client" means an entity, person, group,  or  corporation
24    that  has  entered  into an agreement with a veterinarian for
25    the purposes of obtaining veterinary medical services.
26        "Complementary, alternative, and  integrative  therapies"
27    means  preventative,  diagnostic,  and  therepeutic practices
28    that, at the time they are performed, may differ from current
29    scientific knowledge or for which the theoretical  basis  and
30    techniques  may  diverge  from  veterinary medicine routinely
31    taught  in  approved  veterinary  medical   programs.    This
32    includes  but  is  not  limited  to  veterinary  acupuncture,
 
                            -4-      LRB093 05289 AMC 05379 b
 1    acutherapy,  acupressure,  veterinary  homeopathy, veterinary
 2    manual or  manipulative  therapy  (i.e.  therapies  based  on
 3    techniques practiced in osteopathy, chiropractic medicine, or
 4    physical  medicine  and  therapy),  veterinary  nutraceutical
 5    therapy,  veterinary  phytotherapy,  or  other  therapies  as
 6    defined by rule.
 7        "Consultation"  means when a veterinarian receives advice
 8    in person, telephonically, electronically, or  by  any  other
 9    method  of communication from a veterinarian licensed in this
10    or any other state or other person whose  expertise,  in  the
11    opinion  of the veterinarian, would benefit a patient.  Under
12    any circumstance, the responsibility for the welfare  of  the
13    patient remains with the veterinarian receiving consultation.
14        "Department"   means   the   Department  of  Professional
15    Regulation.
16        "Direct supervision" means the  supervising  veterinarian
17    is on the premises where the animal is being treated.
18        "Director" means the Director of Professional Regulation.
19        "Impaired  veterinarian"  means  a  veterinarian  who  is
20    unable  to practice veterinary medicine with reasonable skill
21    and safety because of a  physical  or  mental  disability  as
22    evidenced by a written determination or written consent based
23    on  clinical  evidence,  including  deterioration through the
24    aging process, loss of motor skills, or  abuse  of  drugs  or
25    alcohol  of  sufficient degree to diminish a person's ability
26    to deliver competent patient care.
27        "Indirect supervision" means the supervising veterinarian
28    need not be on the premises, but has given either written  or
29    oral  instructions  for  the  treatment  of the animal and is
30    available by telephone or other form of communication.
31        "Patient" means an animal that is examined or treated  by
32    a veterinarian.
33        "Person" means an individual, firm, partnership (general,
34    limited,  or  limited liability), association, joint venture,
 
                            -5-      LRB093 05289 AMC 05379 b
 1    cooperative, corporation, limited liability company,  or  any
 2    other  group or combination acting in concert, whether or not
 3    acting as a principal, partner, member,  trustee,  fiduciary,
 4    receiver,   or   any   other   kind   of  legal  or  personal
 5    representative, or as the successor  in  interest,  assignee,
 6    agent,  factor,  servant, employee, director, officer, or any
 7    other representative of such person.
 8        "Practice of veterinary medicine" means  the  performance
 9    of one or more of the following:
10             (1)  Directly  or indirectly consulting, diagnosing,
11        prognosing,  correcting,  supervising,  or   recommending
12        treatment  of  an  animal  for  the  prevention, cure, or
13        relief of  a  wound,  fracture,  bodily  injury,  defect,
14        disease, or physical or mental condition by any method or
15        mode.
16             (2)  Prescribing,  dispensing,  or  administering  a
17        drug,   medicine,  biologic  appliance,  application,  or
18        treatment of whatever nature.
19             (3)  Performing upon an animal a surgical or  dental
20        operation or a complementary, alternative, or integrative
21        veterinary medical procedure.
22             (4)  Performing  upon an animal any manual procedure
23        for the diagnoses or treatment of  pregnancy,  sterility,
24        or infertility.
25             (5)  Determining   the  health  and  fitness  of  an
26        animal.
27             (6)  Representing oneself, directly  or  indirectly,
28        as engaging in the practice of veterinary medicine.
29             (7)  Using  any  word,  letters, or title under such
30        circumstances as to induce the  belief  that  the  person
31        using  them  is  qualified  to  engage in the practice of
32        veterinary medicine or any of  its  branches.   Such  use
33        shall  be  prima  facie  evidence  of  the  intention  to
34        represent   oneself   as  engaging  in  the  practice  of
 
                            -6-      LRB093 05289 AMC 05379 b
 1        veterinary medicine.
 2        "Supervising  veterinarian"  means  a  veterinarian   who
 3    assumes  responsibility for the professional care given to an
 4    animal by a person working under his or her  direction.   The
 5    supervising  veterinarian  must  have  examined the animal at
 6    such time as acceptable veterinary medical practices requires
 7    consistent with the particular delegated animal  health  care
 8    task.
 9        "Veterinarian-client-patient relationship" means:
10             (1)  The veterinarian has assumed the responsibility
11        for  making clinical judgments regarding the health of an
12        animal and the need for medical treatment and the client,
13        owner, or  other  caretaker  has  agreed  to  follow  the
14        instructions of the veterinarian;
15             (2)  There  is  sufficient knowledge of an animal by
16        the veterinarian  to  initiate  at  least  a  general  or
17        preliminary  diagnosis  of  the  medical condition of the
18        animal.  This means that the  veterinarian  has  recently
19        seen  and  is  personally acquainted with the keeping and
20        care of the animal by virtue of  an  examination  of  the
21        animal  or  by medically appropriate and timely visits to
22        the premises where the animal is kept; and
23             (3)  The   practicing   veterinarian   is    readily
24        available  for  follow-up in case of adverse reactions or
25        failure of the regimen of therapy.
26        "Veterinary technology" means the performance of services
27    within the field of veterinary medicine by a person who,  for
28    compensation  or  personal  profit, is employed by a licensed
29    veterinarian to perform duties that require an  understanding
30    of  veterinary  medicine necessary to carry out the orders of
31    the veterinarian.  Those services, however, shall not include
32    diagnosing, prognosing, writing prescriptions, or surgery.
33        (A)  "Department" means the  Department  of  Professional
34    Regulation.
 
                            -7-      LRB093 05289 AMC 05379 b
 1        (B)  "Board"   means   the   Veterinary   Licensing   and
 2    Disciplinary Board.
 3        (C)  "Director"  means  the Director of the Department of
 4    Professional Regulation.
 5        (D)  "Veterinarian" means a person holding the degree  of
 6    Doctor  of Veterinary Medicine and Surgery and licensed under
 7    this Act.
 8        (E)  The practice  of  veterinary  medicine  and  surgery
 9    occurs when a person:
10             (1)  Directly  or  indirectly  diagnoses, prognoses,
11        treats, administers  to,  prescribes  for,  operates  on,
12        manipulates or applies any apparatus or appliance for any
13        disease,   pain,  deformity,  defect,  injury,  wound  or
14        physical or mental condition of any animal or bird or for
15        the prevention of, or to test for  the  presence  of  any
16        disease   of   any  animal  or  bird.   The  practice  of
17        veterinary medicine  and  surgery  includes  veterinarian
18        dentistry.
19             (2)  Represents himself or herself as engaged in the
20        practice of veterinary medicine and surgery as defined in
21        paragraph  (1)  of  this  subsection,  or uses any words,
22        letters or titles  in  such  connection  and  under  such
23        circumstances  as  to  induce  the belief that the person
24        using them is  engaged  in  the  practice  of  veterinary
25        medicine and surgery in any of its branches, or that such
26        person is a Doctor of Veterinary Medicine.
27        (F)  "Animal"  means  any  bird, fish, reptile, or mammal
28    other than man.
29        (G)  "Veterinarian client - patient relationship" means:
30             (1)  The veterinarian has assumed the responsibility
31        for making medical judgments regarding the health  of  an
32        animal and the need for medical treatment and the client,
33        owner,  or  other  caretaker  has  agreed  to  follow the
34        instructions of the veterinarian.
 
                            -8-      LRB093 05289 AMC 05379 b
 1             (2)  There is sufficient knowledge of an  animal  by
 2        the  veterinarian  to  initiate  at  least  a  general or
 3        preliminary diagnosis of the  medical  condition  of  the
 4        animal.   This  means  that the veterinarian has recently
 5        seen and is personally acquainted with  the  keeping  and
 6        care  of  the  animal  by virtue of an examination of the
 7        animal or by medically appropriate and timely  visits  to
 8        the premises where the animal is kept.
 9             (3)  The    practicing   veterinarian   is   readily
10        available for follow-up in case of adverse  reactions  or
11        failure of the regimen of therapy.
12        (b)  Subject  to the exemptions in Section 4 of this Act,
13    no person shall practice veterinary medicine and  surgery  in
14    any of its branches without a valid license to do so.
15    (Source: P.A. 90-655, eff. 7-30-98.)

16        (225 ILCS 115/4) (from Ch. 111, par. 7004)
17        (Section scheduled to be repealed on January 1, 2004)
18        Sec.  4.  Exemptions.  Nothing in this Act shall apply to
19    any of the following:
20             (1)  Veterinarians employed by the  federal,  State,
21        or  local  government  Federal  Government while actually
22        engaged in their official duties.
23             (2)  Licensed veterinarians from  other  states  who
24        are invited to Illinois for consultation or lecturing.
25             (3)  Veterinarians    employed    by   colleges   or
26        universities or by state agencies, while engaged  in  the
27        performance of their official duties.
28             (4)  A  veterinarian employed by an approved college
29        of veterinary medicine providing assistance requested  by
30        a veterinarian licensed in Illinois, acting with informed
31        consent  from  the  client and acting under the direct or
32        indirect  supervision  and  control   of   the   licensed
33        veterinarian.   Providing  assistance  involves  hands-on
 
                            -9-      LRB093 05289 AMC 05379 b
 1        active  participation  in  the  treatment and care of the
 2        patient.   The  licensed  veterinarian   shall   maintain
 3        responsibility    for   the   veterinarian-client-patient
 4        relationship.
 5             (5)(4)  Veterinary students in an approved  college,
 6        university,   department   of   a  university,  or  other
 7        institution of veterinary medicine and surgery engaged in
 8        while in the performance  of  duties  assigned  by  their
 9        instructors.
10             (6)(5)  Any  person  engaged in bona fide scientific
11        research which requires the use of animals.
12             (7)  A person advising with respect to or performing
13        acts that the Board has prescribed by  rule  as  accepted
14        livestock  management practices.  Artificial insemination
15        is an accepted livestock management practice.
16             (8)  An owner of an animal and any  of  the  owner's
17        regular  employees  caring  for  and  treating the animal
18        belonging to the owner, except where the ownership of the
19        animal was transferred for purposes of circumventing this
20        Act.  Nothwithstanding the provisions of this item (8), a
21        veterinarian-client-patient relationship must exist  when
22        prescription   drugs   are   administered,   distributed,
23        dispensed, or prescribed.
24             (9)  A  member  in good standing of another licensed
25        or regulated profession within any state or a  member  of
26        an  organization  or  group approved by the Department by
27        rule providing assistance  requested  by  a  veterinarian
28        licensed  in this State acting with informed consent from
29        the client  and  acting  under  the  direct  or  indirect
30        supervision  and  control  of  the licensed veterinarian.
31        Providing    assistance    involves    hands-on    active
32        participation in the treatment and care of  the  patient,
33        as  defined  by  rule.   The  licensed veterinarian shall
34        maintain         responsibility          for          the
 
                            -10-     LRB093 05289 AMC 05379 b
 1        veterinarian-client-patient relationship.
 2             (10)  A   graduate  of  a  non-approved  college  of
 3        veterinary medicine who is in the process of obtaining  a
 4        certificate  of educational equivalence and is performing
 5        duties or actions assigned by instructors in an  approved
 6        college of veterinary medicine.
 7             (11)  A   certified  euthanasia  technician  who  is
 8        authorized to perform euthanasia in the course and  scope
 9        of his or her employment.
10             (12)  A   person   who,   without   expectation   of
11        compensation,  provides  emergency  veterinary care in an
12        emergency or disaster situation so long as he or she does
13        not represent himself or herself as a veterinarian or use
14        a title or degree pertaining to the  practice  veterinary
15        medicine and surgery.
16             (13)  A  certified  veterinary  technician  or other
17        employee of a  licensed  veterinarian  performing  duties
18        other than diagnosis, prognosis, prescription, or surgery
19        under  the direction and supervision of the veterinarian,
20        who shall be  responsible  for  the  performance  of  the
21        employee. (6)  The dehorning, castration, emasculation or
22        docking  of cattle, horses, sheep, goats and swine in the
23        course  or  exchange  of  work  for  which  no   monetary
24        compensation  is  paid  or to artificial insemination and
25        the drawing of semen. Nor shall this Act be construed  to
26        prohibit  any  person  from  administering,  in  a humane
27        manner, medicinal or surgical  treatment  to  any  animal
28        belonging   to   such   person,  unless  title  has  been
29        transferred for the purpose of  circumventing  this  Act.
30        However,  any  such services shall comply with the Humane
31        Care for Animals Act.
32             (7)  Members of other licensed  professions  or  any
33        other   individuals  when  called  for  consultation  and
34        assistance by a veterinarian licensed  in  the  State  of
 
                            -11-     LRB093 05289 AMC 05379 b
 1        Illinois  and  who  act under the supervision, direction,
 2        and control of the veterinarian, as  further  defined  by
 3        rule of the Department.
 4             (8)  Certified euthanasia technicians.
 5    (Source: P.A. 92-449, eff. 1-1-02.)

 6        (225 ILCS 115/5) (from Ch. 111, par. 7005)
 7        (Section scheduled to be repealed on January 1, 2004)
 8        Sec. 5.  No person shall practice veterinary medicine and
 9    surgery  in any of its branches without a valid license to do
10    so.  Any person not licensed under this Act who performs  any
11    of  the  functions  described  as  the practice of veterinary
12    medicine or surgery as defined in this Act, who announces  to
13    the  public  in  any  way an intention to practice veterinary
14    medicine and surgery, who uses the title Doctor of Veterinary
15    Medicine or the initials D.V.M. or V.M.D., or  who  opens  an
16    office,  hospital,  or clinic for such purposes is considered
17    to have violated this Act and  may  be  subject  to  all  the
18    penalties provided for such violations.
19        It  shall  be unlawful for any person who is not licensed
20    in this State to provide veterinary medical services from any
21    state  to  a  client  or  patient  in  this   State   through
22    telephonic, electronic, or other means.
23        Nothing in this Act shall be construed to prevent members
24    of other professions from performing functions for which they
25    are  duly  licensed.   Other  professionals may not, however,
26    hold themselves out or refer to themselves by  any  title  or
27    descriptions stating or implying that they are engaged in the
28    practice  of veterinary medicine or that they are licensed to
29    engage in the practice of veterinary medicine.
30    (Source: P.A. 83-1016.)

31        (225 ILCS 115/8) (from Ch. 111, par. 7008)
32        (Section scheduled to be repealed on January 1, 2004)
 
                            -12-     LRB093 05289 AMC 05379 b
 1        Sec. 8. Qualifications. A person is qualified to  receive
 2    a  license  if he or she: (1) is of good moral character; (2)
 3    has received at least 2  years  of  preveterinary  collegiate
 4    training;  (3)  has  graduated  from a veterinary school that
 5    requires for graduation a 4-year, or  equivalent,  course  in
 6    veterinary  medicine  and surgery approved by the Department;
 7    and  (4)  has  passed  the  examination  authorized  by   the
 8    Department to determine fitness to hold a license.
 9        Applicants  for  licensure  from  non-approved veterinary
10    schools are required to successfully complete  a  program  of
11    educational   equivalency  as  established  by  rule.   At  a
12    minimum, this program shall include all of the following:
13             (1)  A certified transcript from such a school.
14             (2)  Successful  completion   of   a   communication
15        ability  examination  designed  to  assess  communication
16        skills, including a command of the English language.
17             (3)  Successful  completion  of  an  examination  or
18        assessment  mechanism  designed  to  evaluate educational
19        equivalence,  including  both  preclinical  and  clinical
20        competencies.
21             (4)  Any  other  reasonable   assessment   mechanism
22        designed to ensure an applicant possesses the educational
23        background  necessary  to  protect  the public health and
24        safety.
25        Successful completion of the criteria set forth  in  this
26    Section  shall  establish education equivalence as one of the
27    criteria for licensure set forth  in  this  Act.   Applicants
28    under  this  Section  must  also  meet  all  other  statutory
29    criteria  for  licensure  prior  to  the issuance of any such
30    license, including graduation from veterinary school.
31        With  respect  to  graduates  of  unapproved   veterinary
32    programs,  the  Department  shall  determine if such programs
33    meet standards equivalent to those set forth in clauses  (2),
34    (3), and (4) of Section 9 of this Act.
 
                            -13-     LRB093 05289 AMC 05379 b
 1        Graduates of non-approved veterinary schools are required
 2    to pass a proficiency examination specified by the Department
 3    or to provide one year of evaluated clinical experience as an
 4    employee  of  a  licensed veterinarian.  Prior to hiring such
 5    person, the licensed veterinarian shall notify the Board,  in
 6    writing,  and shall employ such persons only upon the written
 7    approval of the Board.  Such approval shall be for  one  year
 8    only  and  is  not  renewable.  Such clinical employees shall
 9    treat animals  only  under  the  direct  supervision  of  the
10    licensed veterinarian.
11        In  determining  moral  character under this Section, the
12    Department may take into consideration any felony  conviction
13    of  the applicant, but such a conviction shall not operate as
14    a bar to  obtaining  a  license.   The  Department  may  also
15    request  the applicant to submit and may consider as evidence
16    of moral character, endorsements from 2 individuals  licensed
17    under this Act.
18    (Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)

19        (225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
20        (Section scheduled to be repealed on January 1, 2004)
21        Sec.  8.1.   Certified  veterinary technician. "Certified
22    veterinary technician" means a person who has graduated  from
23    a  veterinary  technology  program accredited by the American
24    Veterinary Medical Association who has filed  an  application
25    with the Department, paid the fee, and passed the examination
26    as  prescribed  by rule.  Veterinary technology is defined as
27    the performance of services within the  field  of  veterinary
28    medicine by a person who for compensation or personal profit,
29    is employed by a licensed veterinarian to perform duties that
30    require  an  understanding of veterinary medicine as required
31    in carrying out the orders  of  the  veterinarian.   However,
32    those  services  shall  not  include  diagnosing, prognosing,
33    writing  prescriptions,  or  surgery.   A  person  who  is  a
 
                            -14-     LRB093 05289 AMC 05379 b
 1    certified as a veterinary technician who performs  veterinary
 2    technology  contrary  to  this  Act  is  guilty  of a Class A
 3    misdemeanor and shall be subject to the revocation of his  or
 4    her  certificate.   However, these penalties and restrictions
 5    shall not apply to  a  student  while  performing  activities
 6    required as a part of his or her training.
 7        The  Department  and  the  Board  are  authorized to hold
 8    hearings, reprimand, suspend, revoke, or refuse to  issue  or
 9    renew a certificate and to perform any other acts that may be
10    necessary  to  regulate certified veterinary technicians in a
11    manner consistent with the provisions of the  Act  applicable
12    to veterinarians.
13        The  title  "Certified  veterinary  technician"  and  the
14    initials  "CVT"  may only be used by persons certified by the
15    Department.  A person  who  uses  these  titles  without  the
16    certification  as  provided  in  this  Section is guilty of a
17    Class A misdemeanor.
18        Certified veterinary technicians  shall  be  required  to
19    complete  continuing education as prescribed by rule to renew
20    their certification.
21    (Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)

22        (225 ILCS 115/11) (from Ch. 111, par. 7011)
23        (Section scheduled to be repealed on January 1, 2004)
24        Sec. 11.  Temporary permits. A person holding the  degree
25    of  Doctor of Veterinary Medicine, or its equivalent, from an
26    approved veterinary program, and who has applied  in  writing
27    to  the  Department  for  a  license  to  practice veterinary
28    medicine and surgery in any of  its  branches,  and  who  has
29    fulfilled the requirements of Section 8 of this Act, with the
30    exception   of   receipt   of  notification  of  his  or  her
31    examination results, may receive, at the  discretion  of  the
32    Department,  a  temporary permit to practice under the direct
33    supervision of a specified veterinarian who  is  licensed  in
 
                            -15-     LRB093 05289 AMC 05379 b
 1    this State, until: (1) the applicant has been notified of the
 2    results  of  the examination authorized by the Department; or
 3    (2) the applicant has withdrawn his or her application.
 4        A temporary permit may be issued by the Department  to  a
 5    person  who  is  a  veterinarian  licensed  under the laws of
 6    another state, a territory of the United States, or a foreign
 7    country, upon application in writing to the Department for  a
 8    license under this Act if he or she is qualified to receive a
 9    license  and  until: (1) the expiration of 6 months after the
10    filing of the written application, (2) the withdrawal of  the
11    application  or  (3)  the  denial  of  the application by the
12    Department.
13        A temporary permit issued under this Section shall not be
14    extended or renewed.  The holder of a temporary permit  shall
15    perform  only  those  acts  that  may  be  prescribed  by and
16    incidental to his or her employment and  that  act  shall  be
17    performed  under  the  direction  of  a supervising specified
18    licensed veterinarian who is licensed  in  this  State.   The
19    holder  of  the  temporary permit He shall not be entitled to
20    otherwise engage in the practice of veterinary medicine until
21    fully licensed in this State.
22        Upon the revocation of a temporary permit, the Department
23    shall immediately notify, by certified mail, the  supervising
24    specified  veterinarian  employing  the holder of a temporary
25    permit and the holder of  the  permit.   A  temporary  permit
26    shall be revoked by the Department upon proof that the holder
27    of  the  permit  has  engaged  in  the practice of veterinary
28    medicine in this State outside his or her employment under  a
29    licensed veterinarian.
30    (Source: P.A. 90-655, eff. 7-30-98.)

31        (225 ILCS 115/15) (from Ch. 111, par. 7015)
32        (Section scheduled to be repealed on January 1, 2004)
33        Sec.   15.    Expiration  and  renewal  of  license.  The
 
                            -16-     LRB093 05289 AMC 05379 b
 1    expiration date  and  renewal  period  for  each  license  or
 2    certificate   shall  be  set  by  rule.   A  veterinarian  or
 3    certified veterinary technician whose license or  certificate
 4    has  expired  may reinstate his or her license or certificate
 5    at any time within 5 years after the expiration  thereof,  by
 6    making  a  renewal application and by paying the required fee
 7    and submitting proof of the  required  continuing  education.
 8    However,  any veterinarian or certified veterinary technician
 9    whose license or certificate expired while he or she was  (1)
10    on  active duty with the Armed Forces of the United States or
11    called into service or training by the State militia  or  (2)
12    in  training or education under the supervision of the United
13    States preliminary to induction into  the  military  service,
14    may  have  his license or certificate renewed, reinstated, or
15    restored without paying any lapsed renewal fees if  within  2
16    years   after   termination  of  the  service,  training,  or
17    education the  veterinarian  furnishes  the  Department  with
18    satisfactory  evidence of service, training, or education and
19    it has been terminated under honorable conditions.
20        Any veterinarian or certified veterinary technician whose
21    license or certificate has expired for more than 5 years  may
22    have  it restored by making application to the Department and
23    filing acceptable proof of fitness to  have  the  license  or
24    certificate  restored.  The  proof may include sworn evidence
25    certifying active  practice  in  another  jurisdiction.   The
26    veterinarian  or  certified  veterinary technician shall also
27    pay the required restoration fee  and  submit  proof  of  the
28    required   continuing  education.   If  the  veterinarian  or
29    certified veterinary technician has not practiced for 5 years
30    or more, the Board shall determine by an  evaluation  program
31    established  by rule, whether the individual is fit to resume
32    active status and may require the veterinarian to complete  a
33    period  of  evaluated  clinical  experience  and  may require
34    successful completion of a clinical examination.
 
                            -17-     LRB093 05289 AMC 05379 b
 1    (Source: P.A. 92-84, eff. 7-1-02.)

 2        (225 ILCS 115/24.1)
 3        (Section scheduled to be repealed on January 1, 2004)
 4        Sec.    24.1.  Impaired     veterinarians.      "Impaired
 5    veterinarian"  means a veterinarian who is unable to practice
 6    veterinary medicine with reasonable skill and safety  because
 7    of  a physical or mental disability as evidenced by a written
 8    determination or written consent based on clinical  evidence,
 9    including  deterioration  through  the aging process, loss of
10    motor skills, or abuse of  drugs  or  alcohol  of  sufficient
11    degree  to  diminish  a person's ability to deliver competent
12    patient care.  The  Department  shall  establish  by  rule  a
13    program  of  care,  counseling, or treatment for the impaired
14    veterinarians veterinarian.
15        "Program of  care,  counseling,  or  treatment"  means  a
16    written  schedule  of  organized treatment, care, counseling,
17    activities, or education satisfactory to the Board,  designed
18    for  the  purpose  of  restoring  an  impaired  person  to  a
19    condition whereby the impaired person can practice veterinary
20    medicine  with  reasonable  skill  and safety of a sufficient
21    degree to deliver competent patient care.
22    (Source: P.A. 88-424.)

23        (225 ILCS 115/25) (from Ch. 111, par. 7025)
24        (Section scheduled to be repealed on January 1, 2004)
25        Sec. 25.  Disciplinary actions.
26        1.  The Department may refuse to issue or renew,  or  may
27    revoke, suspend, place on probation, reprimand, or take other
28    disciplinary  action  as the Department may deem appropriate,
29    including fines not to exceed $1,000 for each violation, with
30    regard  to  any  license  or  certificate  for  any  one   or
31    combination of the following:
32             A.  Material  misstatement in furnishing information
 
                            -18-     LRB093 05289 AMC 05379 b
 1        to the Department.
 2             B.  Violations  of  this  Act,  or  of   the   rules
 3        promulgated under this Act.
 4             C.  Conviction  of  any  crime under the laws of the
 5        United States or any state or  territory  of  the  United
 6        States  that  is  a  felony  or that is a misdemeanor, an
 7        essential  element of which  is  dishonesty,  or  of  any
 8        crime  that  is  directly  related to the practice of the
 9        profession.
10             D.  Making any misrepresentation for the purpose  of
11        obtaining  licensure  or  certification, or violating any
12        provision of this Act or the rules promulgated under this
13        Act pertaining to advertising.
14             E.  Professional incompetence.
15             F.  Gross malpractice.
16             G.  Aiding or assisting another person in  violating
17        any provision of this Act or rules.
18             H.  Failing,  within 60 days, to provide information
19        in response to a written request made by the Department.
20             I.  Engaging   in   dishonorable,   unethical,    or
21        unprofessional  conduct of a character likely to deceive,
22        defraud or harm the public.
23             J.  Habitual  or  excessive  use  or  addiction   to
24        alcohol,  narcotics,  stimulants,  or  any other chemical
25        agent or drug that results in the inability  to  practice
26        with reasonable judgment, skill, or safety.
27             K.  Discipline   by   another   state,  District  of
28        Columbia, territory, or foreign nation, if at  least  one
29        of  the  grounds  for  the  discipline  is  the  same  or
30        substantially equivalent to those set forth herein.
31             L.  Directly  or  indirectly  giving to or receiving
32        from  any  person,  firm,  corporation,  partnership   or
33        association  any fee, commission, rebate or other form of
34        compensation for professional services  not  actually  or
 
                            -19-     LRB093 05289 AMC 05379 b
 1        personally rendered.
 2             M.  A  finding  by  the  Board  that the licensee or
 3        certificate  holder,  after   having   his   license   or
 4        certificate  placed  on probationary status, has violated
 5        the terms of probation.
 6             N.  Willfully making  or  filing  false  records  or
 7        reports  in  his  practice,  including but not limited to
 8        false records filed with State agencies or departments.
 9             O.  Physical illness, including but not limited  to,
10        deterioration through the aging process, or loss of motor
11        skill  which  results  in  the  inability to practice the
12        profession with reasonable judgement, skill or safety.
13             P.  Solicitation of professional services other than
14        permitted advertising.
15             Q.  Having professional connection with  or  lending
16        one's  name,  directly  or  indirectly,  to  any  illegal
17        practitioner  of  veterinary medicine and surgery and the
18        various branches thereof.
19             R.  Conviction of or cash compromise of a charge  or
20        violation  of the Harrison Act or the Illinois Controlled
21        Substances Act, regulating narcotics.
22             S.  Fraud or dishonesty in  applying,  treating,  or
23        reporting on tuberculin or other biological tests.
24             T.  Failing to report, as required by law, or making
25        false report of any contagious or infectious diseases.
26             U.  Fraudulent   use   or   misuse   of  any  health
27        certificate,  shipping  certificate,   brand   inspection
28        certificate,  or  other blank forms used in practice that
29        might  lead  to  the  dissemination  of  disease  or  the
30        transportation of diseased  animals  dead  or  alive;  or
31        dilatory  methods,  willful neglect, or misrepresentation
32        in  the  inspection  of  milk,  meat,  poultry,  and  the
33        by-products thereof.
34             V.  Conviction on a charge of cruelty to animals.
 
                            -20-     LRB093 05289 AMC 05379 b
 1             W.  Failure to keep one's premises and all equipment
 2        therein in a clean and sanitary condition.
 3             X.  Failure to provide satisfactory proof of  having
 4        participated in approved continuing education programs.
 5             Y.  Failure  to (i) file a return, (ii) pay the tax,
 6        penalty, or interest shown in a filed  return,  or  (iii)
 7        pay any final assessment of tax, penalty, or interest, as
 8        required  by  any  tax  Act  administered by the Illinois
 9        Department of Revenue, until the requirements of that tax
10        Act are satisfied.
11             Z.  Conviction   by   any   court    of    competent
12        jurisdiction, either within or outside this State, of any
13        violation of any law governing the practice of veterinary
14        medicine,    if    the   Department   determines,   after
15        investigation, that the person has not been  sufficiently
16        rehabilitated to warrant the public trust.
17             AA.  Promotion   of  the  sale  of  drugs,  devices,
18        appliances, or goods provided for a patient in any manner
19        to  exploit  the  client  for  financial  gain   of   the
20        veterinarian.
21             BB.  Gross,  willful,  or continued overcharging for
22        professional services, including filing false  statements
23        for  collection  of  fees  for  which  services  are  not
24        rendered.
25             CC.  Practicing under a false or, except as provided
26        by law, an assumed name.
27             DD.  Fraud  or misrepresentation in applying for, or
28        procuring, a license under this Act or in connection with
29        applying for renewal of a license under this Act.
30             EE.  Cheating  on  or  attempting  to  subvert   the
31        licensing examination administered under this Act.
32             FF.  Using,  prescribing,  or selling a prescription
33        drug or the extra-label use of a prescription drug by any
34        means     in     the     absence     of      a      valid
 
                            -21-     LRB093 05289 AMC 05379 b
 1        veterinarian-client-patient relationship.
 2        2.  The  determination by a circuit court that a licensee
 3    or certificate holder is subject to involuntary admission  or
 4    judicial  admission  as  provided  in  the  Mental Health and
 5    Developmental Disabilities  Code  operates  as  an  automatic
 6    suspension.   The suspension will end only upon a  finding by
 7    a court that the patient is no longer subject to  involuntary
 8    admission  or  judicial  admission  and  issues  an  order so
 9    finding  and  discharging   the   patient;   and   upon   the
10    recommendation of the Board to the Director that the licensee
11    or certificate holder be allowed to resume his practice.
12        3.  All   proceedings   to   suspend,  revoke,  place  on
13    probationary status, or take any other disciplinary action as
14    the Department may deem proper, with regard to a  license  or
15    certificate   on  any  of  the  foregoing  grounds,  must  be
16    commenced within 3 years after receipt by the Department of a
17    complaint  alleging  the  commission  of  or  notice  of  the
18    conviction order for  any  of  the  acts  described  in  this
19    Section.   Except  for  proceedings brought for violations of
20    items (CC), (DD), or (EE), no action shall be commenced  more
21    than 5 years after the date of the incident or act alleged to
22    have  violated  this Section.  In the event of the settlement
23    of any claim or cause of action in favor of the  claimant  or
24    the  reduction to final judgment of any civil action in favor
25    of the plaintiff, the claim, cause of action, or civil action
26    being grounded on the allegation that a  person  licensed  or
27    certified under this Act was negligent in providing care, the
28    Department  shall  have an additional period of one year from
29    the date of the settlement or  final  judgment  in  which  to
30    investigate  and  begin formal disciplinary proceedings under
31    Section 25.2 of this Act, except  as  otherwise  provided  by
32    law.   The  time  during  which  the holder of the license or
33    certificate was outside the State of Illinois  shall  not  be
34    included  within any period of time limiting the commencement
 
                            -22-     LRB093 05289 AMC 05379 b
 1    of disciplinary action by the Department.
 2    (Source: P.A. 88-424.)

 3        Section  20.   The  Animal  Welfare  Act  is  amended  by
 4    changing Section 2 as follows:

 5        (225 ILCS 605/2) (from Ch. 8, par. 302)
 6        Sec. 2.  Definitions. As used  in  this  Act  unless  the
 7    context otherwise requires:
 8        "Department"    means    the   Illinois   Department   of
 9    Agriculture.
10        "Director" means the Director of the Illinois  Department
11    of Agriculture.
12        "Pet shop operator" means any person who sells, offers to
13    sell, exchange, or offers for adoption with or without charge
14    or  donation  dogs,  cats,  birds,  fish,  reptiles, or other
15    animals customarily obtained as pets in this State.  However,
16    a person who sells only such animals that he has produced and
17    raised shall not be considered a pet shop operator under this
18    Act, and a  veterinary  hospital  or  clinic  operated  by  a
19    veterinarian  or  veterinarians licensed under the Veterinary
20    Medicine and Surgery Practice Act of 2004 1994 shall  not  be
21    considered a pet shop operator under this Act.
22        "Dog  dealer" means any person who sells, offers to sell,
23    exchange, or offers for adoption with or  without  charge  or
24    donation dogs in this State. However, a person who sells only
25    dogs  that he has produced and raised shall not be considered
26    a dog dealer under this Act, and  a  veterinary  hospital  or
27    clinic  operated  by a veterinarian or veterinarians licensed
28    under the Veterinary Medicine and  Surgery  Practice  Act  of
29    2004  1994  shall  not  be considered a dog dealer under this
30    Act.
31        "Secretary  of  Agriculture"  or  "Secretary"  means  the
32    Secretary of Agriculture of the United States  Department  of
 
                            -23-     LRB093 05289 AMC 05379 b
 1    Agriculture.
 2        "Person"    means    any   person,   firm,   corporation,
 3    partnership, association or other legal entity, any public or
 4    private institution, the State of Illinois, or any  municipal
 5    corporation or political subdivision of the State.
 6        "Kennel  operator"  means  any  person  who  operates  an
 7    establishment,   other   than  an  animal  control  facility,
 8    veterinary hospital, or animal shelter, where  dogs  or  dogs
 9    and  cats  are  maintained  for boarding, training or similar
10    purposes for a fee or compensation; or who sells,  offers  to
11    sell, exchange, or offers for adoption with or without charge
12    dogs  or  dogs  and cats which he has produced and raised.  A
13    person who owns, has possession of,  or  harbors  5  or  less
14    females  capable  of  reproduction  shall not be considered a
15    kennel operator.
16        "Cattery operator"  means  any  person  who  operates  an
17    establishment,  other  than  an  animal  control  facility or
18    animal shelter,  where  cats  are  maintained  for  boarding,
19    training  or  similar  purposes for a fee or compensation; or
20    who sells, offers to sell, exchange, or offers  for  adoption
21    with  or  without  charges  cats  which  he  has produced and
22    raised.  A person who owns, has possession of, or  harbors  5
23    or   less  females  capable  of  reproduction  shall  not  be
24    considered a cattery operator.
25        "Animal control facility" means any facility operated  by
26    or  under  contract  for  the State, county, or any municipal
27    corporation or political subdivision of  the  State  for  the
28    purpose  of  impounding or harboring seized, stray, homeless,
29    abandoned or unwanted dogs, cats, and other animals.  "Animal
30    control facility"  also  means  any  veterinary  hospital  or
31    clinic  operated  by a veterinarian or veterinarians licensed
32    under the Veterinary Medicine and  Surgery  Practice  Act  of
33    2004  1994  which operates for the above mentioned purpose in
34    addition to its customary purposes.
 
                            -24-     LRB093 05289 AMC 05379 b
 1        "Animal shelter" means a  facility  operated,  owned,  or
 2    maintained  by  a  duly  incorporated  humane society, animal
 3    welfare society, or other  non-profit  organization  for  the
 4    purpose   of   providing   for  and  promoting  the  welfare,
 5    protection,  and  humane  treatment  of   animals.    "Animal
 6    shelter"   also  means  any  veterinary  hospital  or  clinic
 7    operated by a veterinarian or  veterinarians  licensed  under
 8    the Veterinary Medicine and Surgery Practice Act of 2004 1994
 9    which operates for the above mentioned purpose in addition to
10    its customary purposes.
11        "Foster   home"   means   an   entity  that  accepts  the
12    responsibility  for  stewardship  of  animals  that  are  the
13    obligation of an animal shelter, not to exceed 4  animals  at
14    any  given time.  Permits to operate as a "foster home" shall
15    be issued through the animal shelter.
16        "Guard dog service" means an  entity  that,  for  a  fee,
17    furnishes  or  leases guard or sentry dogs for the protection
18    of life or property.  A person is not  a  guard  dog  service
19    solely  because he or she owns a dog and uses it to guard his
20    or her home, business, or farmland.
21        "Guard dog" means a type of dog used  primarily  for  the
22    purpose  of  defending, patrolling, or protecting property or
23    life at a commercial establishment other than a farm.  "Guard
24    dog" does not include stock dogs used primarily for  handling
25    and  controlling  livestock  or  farm  animals,  nor  does it
26    include personally owned pets that also provide security.
27        "Sentry  dog"  means  a  dog  trained  to  work   without
28    supervision  in  a  fenced facility other than a farm, and to
29    deter  or  detain  unauthorized  persons  found  within   the
30    facility.
31    (Source:  P.A.  89-178,  eff.  7-19-95; 90-385, eff. 8-15-97;
32    90-403, eff. 8-15-97.)

33        Section 25.  The Elder Abuse and Neglect Act  is  amended
 
                            -25-     LRB093 05289 AMC 05379 b
 1    by changing Section 2 as follows:

 2        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 3        Sec.  2.  Definitions.   As  used in this Act, unless the
 4    context requires otherwise:
 5        (a)  "Abuse" means causing any physical, mental or sexual
 6    injury to an eligible adult, including exploitation  of  such
 7    adult's financial resources.
 8        Nothing  in  this  Act shall be construed to mean that an
 9    eligible adult is a victim of abuse or neglect for  the  sole
10    reason  that he or she is being furnished with or relies upon
11    treatment  by  spiritual  means  through  prayer  alone,   in
12    accordance  with  the  tenets  and  practices of a recognized
13    church or religious denomination.
14        Nothing in this Act shall be construed to  mean  that  an
15    eligible  adult  is  a victim of abuse because of health care
16    services provided or not provided  by  licensed  health  care
17    professionals.
18        (a-5)  "Abuser"  means  a person who abuses, neglects, or
19    financially exploits an eligible adult.
20        (a-7)  "Caregiver" means a person who either as a  result
21    of  a  family  relationship,  voluntarily, or in exchange for
22    compensation has assumed responsibility for all or a  portion
23    of  the  care  of an eligible adult who needs assistance with
24    activities of daily living.
25        (b)  "Department" means the Department on  Aging  of  the
26    State of Illinois.
27        (c)  "Director" means the Director of the Department.
28        (d)  "Domestic  living situation" means a residence where
29    the eligible adult lives alone or with his or her family or a
30    caregiver, or others, or a  board  and  care  home  or  other
31    community-based unlicensed facility, but is not:
32             (1)  A licensed facility as defined in Section 1-113
33        of the Nursing Home Care Act;
 
                            -26-     LRB093 05289 AMC 05379 b
 1             (2)  A  "life  care facility" as defined in the Life
 2        Care Facilities Act;
 3             (3)  A home, institution, or other place operated by
 4        the federal government or agency thereof or by the  State
 5        of Illinois;
 6             (4)  A  hospital,  sanitarium, or other institution,
 7        the principal  activity  or  business  of  which  is  the
 8        diagnosis,  care,  and treatment of human illness through
 9        the maintenance and  operation  of  organized  facilities
10        therefor,  which  is  required  to  be licensed under the
11        Hospital Licensing Act;
12             (5)  A "community living facility" as defined in the
13        Community Living Facilities Licensing Act;
14             (6)  A  "community   residential   alternative"   as
15        defined   in   the   Community  Residential  Alternatives
16        Licensing Act; and
17             (7)  A "community-integrated living arrangement"  as
18        defined  in  the Community-Integrated Living Arrangements
19        Licensure and Certification Act.
20          (e)  "Eligible adult" means a person 60 years of age or
21    older who resides in a domestic living situation and  is,  or
22    is alleged to be, abused, neglected, or financially exploited
23    by another individual.
24        (f)  "Emergency"  means  a situation in which an eligible
25    adult is living in conditions presenting a risk of  death  or
26    physical, mental or sexual injury and the provider agency has
27    reason  to believe the eligible adult is unable to consent to
28    services which would alleviate that risk.
29        (f-5)  "Mandated reporter" means  any  of  the  following
30    persons  while  engaged  in  carrying  out their professional
31    duties:
32             (1)  a professional or professional's delegate while
33        engaged in: (i) social services,  (ii)  law  enforcement,
34        (iii)  education,  (iv)  the care of an eligible adult or
 
                            -27-     LRB093 05289 AMC 05379 b
 1        eligible adults, or (v) any of the  occupations  required
 2        to  be licensed under the Clinical Psychologist Licensing
 3        Act, the Clinical Social Work and  Social  Work  Practice
 4        Act,  the  Illinois Dental Practice Act, the Dietetic and
 5        Nutrition Services Practice Act, the Marriage and  Family
 6        Therapy  Licensing Act, the Medical Practice Act of 1987,
 7        the Naprapathic Practice Act, the  Nursing  and  Advanced
 8        Practice  Nursing  Act,  the  Nursing Home Administrators
 9        Licensing and Disciplinary Act, the Illinois Occupational
10        Therapy Practice Act, the  Illinois  Optometric  Practice
11        Act  of  1987,  the  Pharmacy  Practice  Act of 1987, the
12        Illinois Physical Therapy Act,  the  Physician  Assistant
13        Practice  Act of 1987, the Podiatric Medical Practice Act
14        of  1987,  the  Respiratory  Care   Practice   Act,   the
15        Professional    Counselor   and   Clinical   Professional
16        Counselor Licensing  Act,  the  Illinois  Speech-Language
17        Pathology  and  Audiology  Practice  Act,  the Veterinary
18        Medicine and Surgery Practice Act of 2004 1994,  and  the
19        Illinois Public Accounting Act;
20             (2)  an  employee  of  a  vocational  rehabilitation
21        facility  prescribed  or  supervised by the Department of
22        Human Services;
23             (3)  an administrator, employee, or person providing
24        services in or  through  an  unlicensed  community  based
25        facility;
26             (4)  a Christian Science Practitioner;
27             (5)  field  personnel  of  the  Department of Public
28        Aid, Department of Public Health, and Department of Human
29        Services, and any county or municipal health department;
30             (6)  personnel of the Department of Human  Services,
31        the  Guardianship and Advocacy Commission, the State Fire
32        Marshal, local fire departments, the Department on  Aging
33        and  its  subsidiary  Area Agencies on Aging and provider
34        agencies,  and  the  Office  of  State  Long  Term   Care
 
                            -28-     LRB093 05289 AMC 05379 b
 1        Ombudsman;
 2             (7)  any  employee  of  the  State  of  Illinois not
 3        otherwise specified herein who is involved  in  providing
 4        services  to  eligible  adults,  including  professionals
 5        providing  medical  or  rehabilitation  services  and all
 6        other persons having direct contact with eligible adults;
 7        or
 8             (8)  a person who performs the duties of  a  coroner
 9        or medical examiner.
10          (g)  "Neglect"  means  another  individual's failure to
11    provide an eligible adult with or willful withholding from an
12    eligible adult the necessities of  life  including,  but  not
13    limited  to,  food,  clothing,  shelter or medical care. This
14    subsection does  not  create  any  new  affirmative  duty  to
15    provide  support  to  eligible  adults.   Nothing in this Act
16    shall be construed to mean that an eligible adult is a victim
17    of neglect because of health care services  provided  or  not
18    provided by licensed health care professionals.
19        (h)  "Provider  agency"  means  any  public  or nonprofit
20    agency in a  planning  and  service  area  appointed  by  the
21    regional  administrative  agency  with  prior approval by the
22    Department on Aging to receive and assess reports of  alleged
23    or suspected abuse, neglect, or financial exploitation.
24        (i)  "Regional administrative agency" means any public or
25    nonprofit agency in a planning and service area so designated
26    by  the  Department, provided that the designated Area Agency
27    on Aging shall  be  designated  the  regional  administrative
28    agency  if  it  so  requests. The Department shall assume the
29    functions of  the  regional  administrative  agency  for  any
30    planning  and  service  area  where  another agency is not so
31    designated.
32        (j)  "Substantiated  case"  means  a  reported  case   of
33    alleged   or   suspected   abuse,   neglect,   or   financial
34    exploitation  in  which  a provider agency, after assessment,
 
                            -29-     LRB093 05289 AMC 05379 b
 1    determines that there is reason to believe abuse, neglect, or
 2    financial exploitation has occurred.
 3    (Source: P.A. 91-259,  eff.  1-1-00;  91-357,  eff.  7-29-99;
 4    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

 5        Section  30.  The Illinois Food, Drug and Cosmetic Act is
 6    amended by changing Section 3.21 as follows:

 7        (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
 8        Sec.  3.21.   Except  as  authorized  by  this  Act,  the
 9    Controlled Substances Act, the Pharmacy Practice Act of 1987,
10    the Dental Practice Act, the Medical Practice  Act  of  1987,
11    the  Veterinary  Medicine  and  Surgery  Practice Act of 2004
12    1994, or the Podiatric Medical Practice Act of 1987, to  sell
13    or dispense a prescription drug without a prescription.
14    (Source: P.A. 88-424.)

15        Section  35.   The Humane Care for Animals Act is amended
16    by changing Section 2.01h as follows:

17        (510 ILCS 70/2.01h)
18        Sec. 2.01h.  Animal shelter.  "Animal  shelter"  means  a
19    facility   operated,   owned,   or   maintained   by  a  duly
20    incorporated humane society, animal welfare society, or other
21    non-profit organization for the purpose of providing for  and
22    promoting  the  welfare,  protection, and humane treatment of
23    animals. "Animal shelter" also means any veterinary  hospital
24    or   clinic  operated  by  a  veterinarian  or  veterinarians
25    licensed under the Veterinary Medicine and  Surgery  Practice
26    Act  of  2004  1994  which  operates  for the above mentioned
27    purpose in addition to its customary purposes.
28    (Source: P.A. 92-454, eff. 1-1-02.)

29        Section 40.  The Humane Euthanasia in Animal Shelters Act
 
                            -30-     LRB093 05289 AMC 05379 b
 1    is amended by changing Section 5 as follows:

 2        (510 ILCS 72/5)
 3        Sec. 5.  Definitions.
 4    The following terms have the meanings indicated,  unless  the
 5    context requires otherwise:
 6        "Animal"  means  any bird, fish, reptile, or mammal other
 7    than man.
 8        "DEA" means the United States Department of Justice  Drug
 9    Enforcement Administration.
10        "Department"   means   the   Department  of  Professional
11    Regulation.
12        "Director"  means  the  Director  of  the  Department  of
13    Professional Regulation.
14        "Euthanasia agency" means  an  entity  certified  by  the
15    Department for the purpose of animal euthanasia that holds an
16    animal  control  facility or animal shelter license under the
17    Animal Welfare Act.
18        "Euthanasia drugs" means  Schedule  II  or  Schedule  III
19    substances  (nonnarcotic  controlled substances) as set forth
20    in the Illinois Controlled Substances Act that are used by  a
21    euthanasia agency for the purpose of animal euthanasia.
22        "Euthanasia  technician"  or  "technician" means a person
23    employed by a euthanasia agency or working under  the  direct
24    supervision  of  a  veterinarian  and who is certified by the
25    Department  to  administer  euthanasia  drugs  to   euthanize
26    animals.
27        "Veterinarian"  means  a  person  holding  the  degree of
28    Doctor of Veterinary  Medicine  who  is  licensed  under  the
29    Veterinary Medicine and Surgery Practice Act of 2004 1994.
30    (Source: P.A. 92-449, eff. 1-1-02.)

31        Section  45.   The  Good  Samaritan  Act  is  amended  by
32    changing Section 60 as follows:
 
                            -31-     LRB093 05289 AMC 05379 b
 1        (745 ILCS 49/60)
 2        Sec.  60.  Veterinarians;  exemption from civil liability
 3    for emergency care to humans.  Any person licensed under  the
 4    Veterinary  Medicine and Surgery Practice Act of 2004 1994 or
 5    any person licensed as a veterinarian in any other  state  or
 6    territory  of  the  United  States who in good faith provides
 7    emergency care to a human victim of an accident, at the scene
 8    of an accident or in a catastrophe shall not  be  liable  for
 9    civil  damages  as  a result of his or her acts or omissions,
10    except for willful or wanton misconduct on the  part  of  the
11    person in providing the care.
12    (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)

13        Section  99.   Effective  date.  This Act takes effect on
14    December 31, 2003.