093_HB0464ham001

 










                                     LRB093 05289 AMC 13391 a

 1                     AMENDMENT TO HOUSE BILL 464

 2        AMENDMENT NO.     .  Amend House Bill  464  by  replacing
 3    everything after the enacting clause with the following:

 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  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003: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12        (b)  The following Acts are repealed January 1, 2004: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  Acts  repealed  on  January  1,  2014.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20    following Acts are repealed on January 1, 2014: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.
 
                            -2-      LRB093 05289 AMC 13391 a
 1        The Illinois Public Accounting Act.
 2        The Veterinary Medicine and Surgery Practice Act of 2004.
 3    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

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

 6        (225 ILCS 37/16)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 16.  Exemptions.  This  Act  does  not  prohibit  or
 9    restrict any of the following:
10        (1)  A  person  performing the functions and duties of an
11    environmental   health   practitioner   under   the   general
12    supervision of a licensed environmental  health  practitioner
13    or  licensed  professional engineer if that person (i) is not
14    responsible for the administration or supervision of  one  or
15    more  employees  engaged  in an environmental health program,
16    (ii) establishes a method of verbal  communication  with  the
17    licensed   environmental   health  practitioner  or  licensed
18    professional engineer to  whom  they  can  refer  and  report
19    questions,  problems, and emergency situations encountered in
20    environmental health practice,  and  (iii)  has  his  or  her
21    written  reports reviewed monthly by a licensed environmental
22    health practitioner or licensed professional engineer.
23        (2)  A person licensed in this State under any other  Act
24    from  engaging  in  the  practice  for  which  he  or  she is
25    licensed.
26        (3)  A  person  working  in  laboratories  licensed   by,
27    registered with, or operated by the State of Illinois.
28        (4)  A  person  employed  by a State-licensed health care
29    facility who engages in the practice of environmental  health
30    or  whose  job  responsibilities  include  ensuring  that the
31    environment in the health care facility is healthy  and  safe
32    for employees, patients, and visitors.
 
                            -3-      LRB093 05289 AMC 13391 a
 1        (5)  A  person  employed  with the Illinois Department of
 2    Agriculture who engages in meat and  poultry  inspections  or
 3    environmental   inspections   under   the  authority  of  the
 4    Department of Agriculture.
 5        (6)  A person holding a degree of  Doctor  of  Veterinary
 6    Medicine  and  Surgery  and  licensed  under  the  Veterinary
 7    Medicine and Surgery Practice Act of 2004.
 8    (Source: P.A. 92-837, eff. 8-22-02.)

 9        Section 15.  The Veterinary Medicine and Surgery Practice
10    Act  of  1994  is amended by changing Sections 2, 3, 4, 5, 8,
11    8.1, 11, 12, 15, 24.1, and 25 and  adding  Section  25.19  as
12    follows:

13        (225 ILCS 115/2) (from Ch. 111, par. 7002)
14        (Section scheduled to be repealed on January 1, 2004)
15        Sec. 2.  This Act may be cited as the Veterinary Medicine
16    and Surgery Practice Act of 2004 1994.
17    (Source: P.A. 88-424.)

18        (225 ILCS 115/3) (from Ch. 111, par. 7003)
19        (Section scheduled to be repealed on January 1, 2004)
20        Sec.  3.   Definitions;  unlicensed  practice prohibited.
21    (a) The following terms have the meanings  indicated,  unless
22    the context requires otherwise:
23        "Accredited  college  of  veterinary  medicine"  means  a
24    veterinary  college,  school,  or division of a university or
25    college that  offers  the  degree  of  Doctor  of  Veterinary
26    Medicine  or  its  equivalent  and  that is accredited by the
27    Council on  Education  of  the  American  Veterinary  Medical
28    Association.
29        "Animal"  means  any  animal, vertebrate or invertebrate,
30    other than a human.
31        "Board" means the Veterinary Licensing  and  Disciplinary
 
                            -4-      LRB093 05289 AMC 13391 a
 1    Board.
 2        "Certified  veterinary technician" means a person who has
 3    graduated from a veterinary technology program accredited  by
 4    the   Committee   on   Veterinary  Technician  Education  and
 5    Activities of the American Veterinary Medical Association who
 6    has filed an application with the Department, paid  the  fee,
 7    passed the examination as prescribed by rule, and works under
 8    a supervising veterinarian.
 9        "Client"  means  an entity, person, group, or corporation
10    that has entered into an agreement with  a  veterinarian  for
11    the purposes of obtaining veterinary medical services.
12        "Complementary,  alternative,  and integrative therapies"
13    means preventative,  diagnostic,  and  therapeutic  practices
14    that, at the time they are performed, may differ from current
15    scientific  knowledge  or for which the theoretical basis and
16    techniques may diverge  from  veterinary  medicine  routinely
17    taught   in   approved  veterinary  medical  programs.   This
18    includes  but  is  not  limited  to  veterinary  acupuncture,
19    acutherapy, acupressure,  veterinary  homeopathy,  veterinary
20    manual  or  manipulative  therapy  (i.e.  therapies  based on
21    techniques practiced in osteopathy, chiropractic medicine, or
22    physical  medicine  and  therapy),  veterinary  nutraceutical
23    therapy,  veterinary  phytotherapy,  or  other  therapies  as
24    defined by rule.
25        "Consultation" means when a veterinarian receives  advice
26    in  person,  telephonically,  electronically, or by any other
27    method of communication from a veterinarian licensed in  this
28    or  any  other  state or other person whose expertise, in the
29    opinion of the veterinarian, would benefit a patient.   Under
30    any  circumstance,  the responsibility for the welfare of the
31    patient remains with the veterinarian receiving consultation.
32        "Department"  means  the   Department   of   Professional
33    Regulation.
34        "Direct  supervision"  means the supervising veterinarian
 
                            -5-      LRB093 05289 AMC 13391 a
 1    is on the premises where the animal is being treated.
 2        "Director" means the Director of Professional Regulation.
 3        "Impaired  veterinarian"  means  a  veterinarian  who  is
 4    unable to practice veterinary medicine with reasonable  skill
 5    and  safety  because  of  a  physical or mental disability as
 6    evidenced by a written determination or written consent based
 7    on clinical evidence,  including  deterioration  through  the
 8    aging  process,  loss  of  motor skills, or abuse of drugs or
 9    alcohol of sufficient degree to diminish a  person's  ability
10    to deliver competent patient care.
11        "Indirect supervision" means the supervising veterinarian
12    need  not be on the premises, but has given either written or
13    oral instructions for the treatment  of  the  animal  and  is
14    available by telephone or other form of communication.
15        "Patient"  means an animal that is examined or treated by
16    a veterinarian.
17        "Person" means an individual, firm, partnership (general,
18    limited, or limited liability), association,  joint  venture,
19    cooperative,  corporation,  limited liability company, or any
20    other group or combination acting in concert, whether or  not
21    acting  as  a principal, partner, member, trustee, fiduciary,
22    receiver,  or  any  other   kind   of   legal   or   personal
23    representative,  or  as  the successor in interest, assignee,
24    agent, factor, servant, employee, director, officer,  or  any
25    other representative of such person.
26        "Practice  of  veterinary medicine" means the performance
27    of one or more of the following:
28             (1)  Directly or indirectly consulting,  diagnosing,
29        prognosing,   correcting,  supervising,  or  recommending
30        treatment of an  animal  for  the  prevention,  cure,  or
31        relief  of  a  wound,  fracture,  bodily  injury, defect,
32        disease, or physical or mental condition by any method or
33        mode.
34             (2)  Prescribing,  dispensing,  or  administering  a
 
                            -6-      LRB093 05289 AMC 13391 a
 1        drug,  medicine,  biologic  appliance,  application,   or
 2        treatment of whatever nature.
 3             (3)  Performing  upon an animal a surgical or dental
 4        operation or a complementary, alternative, or integrative
 5        veterinary medical procedure.
 6             (4)  Performing upon an animal any manual  procedure
 7        for  the  diagnoses or treatment of pregnancy, sterility,
 8        or infertility.
 9             (5)  Determining  the  health  and  fitness  of   an
10        animal.
11             (6)  Representing  oneself,  directly or indirectly,
12        as engaging in the practice of veterinary medicine.
13             (7)  Using any word, letters, or  title  under  such
14        circumstances  as  to  induce  the belief that the person
15        using them is qualified to  engage  in  the  practice  of
16        veterinary  medicine  or  any  of its branches.  Such use
17        shall  be  prima  facie  evidence  of  the  intention  to
18        represent  oneself  as  engaging  in  the   practice   of
19        veterinary medicine.
20        "Supervising   veterinarian"  means  a  veterinarian  who
21    assumes responsibility for the professional care given to  an
22    animal  by  a person working under his or her direction.  The
23    supervising veterinarian must have  examined  the  animal  at
24    such time as acceptable veterinary medical practices requires
25    consistent  with  the particular delegated animal health care
26    task.
27        "Veterinarian-client-patient relationship" means:
28             (1)  The veterinarian has assumed the responsibility
29        for making clinical judgments regarding the health of  an
30        animal and the need for medical treatment and the client,
31        owner,  or  other  caretaker  has  agreed  to  follow the
32        instructions of the veterinarian;
33             (2)  There is sufficient knowledge of an  animal  by
34        the  veterinarian  to  initiate  at  least  a  general or
 
                            -7-      LRB093 05289 AMC 13391 a
 1        preliminary diagnosis of the  medical  condition  of  the
 2        animal.   This  means  that the veterinarian has recently
 3        seen and is personally acquainted with  the  keeping  and
 4        care  of  the  animal  by virtue of an examination of the
 5        animal or by medically appropriate and timely  visits  to
 6        the premises where the animal is kept; and
 7             (3)  The    practicing   veterinarian   is   readily
 8        available for follow-up in case of adverse  reactions  or
 9        failure of the regimen of therapy.
10        "Veterinary technology" means the performance of services
11    within  the field of veterinary medicine by a person who, for
12    compensation or personal profit, is employed  by  a  licensed
13    veterinarian  to perform duties that require an understanding
14    of veterinary medicine necessary to carry out the  orders  of
15    the veterinarian.  Those services, however, shall not include
16    diagnosing, prognosing, writing prescriptions, or surgery.
17        (A)  "Department"  means  the  Department of Professional
18    Regulation.
19        (B)  "Board"   means   the   Veterinary   Licensing   and
20    Disciplinary Board.
21        (C)  "Director" means the Director of the  Department  of
22    Professional Regulation.
23        (D)  "Veterinarian"  means a person holding the degree of
24    Doctor of Veterinary Medicine and Surgery and licensed  under
25    this Act.
26        (E)  The  practice  of  veterinary  medicine  and surgery
27    occurs when a person:
28             (1)  Directly or  indirectly  diagnoses,  prognoses,
29        treats,  administers  to,  prescribes  for,  operates on,
30        manipulates or applies any apparatus or appliance for any
31        disease,  pain,  deformity,  defect,  injury,  wound   or
32        physical or mental condition of any animal or bird or for
33        the  prevention  of,  or  to test for the presence of any
34        disease  of  any  animal  or  bird.   The   practice   of
 
                            -8-      LRB093 05289 AMC 13391 a
 1        veterinary  medicine  and  surgery  includes veterinarian
 2        dentistry.
 3             (2)  Represents himself or herself as engaged in the
 4        practice of veterinary medicine and surgery as defined in
 5        paragraph (1) of this  subsection,  or  uses  any  words,
 6        letters  or  titles  in  such  connection  and under such
 7        circumstances as to induce the  belief  that  the  person
 8        using  them  is  engaged  in  the  practice of veterinary
 9        medicine and surgery in any of its branches, or that such
10        person is a Doctor of Veterinary Medicine.
11        (F)  "Animal" means any bird, fish,  reptile,  or  mammal
12    other than man.
13        (G)  "Veterinarian client - patient relationship" means:
14             (1)  The veterinarian has assumed the responsibility
15        for  making  medical judgments regarding the health of an
16        animal and the need for medical treatment and the client,
17        owner, or  other  caretaker  has  agreed  to  follow  the
18        instructions of the veterinarian.
19             (2)  There  is  sufficient knowledge of an animal by
20        the veterinarian  to  initiate  at  least  a  general  or
21        preliminary  diagnosis  of  the  medical condition of the
22        animal.  This means that the  veterinarian  has  recently
23        seen  and  is  personally acquainted with the keeping and
24        care of the animal by virtue of  an  examination  of  the
25        animal  or  by medically appropriate and timely visits to
26        the premises where the animal is kept.
27             (3)  The   practicing   veterinarian   is    readily
28        available  for  follow-up in case of adverse reactions or
29        failure of the regimen of therapy.
30        (b)  Subject to the exemptions in Section 4 of this  Act,
31    no  person  shall practice veterinary medicine and surgery in
32    any of its branches without a valid license to do so.
33    (Source: P.A. 90-655, eff. 7-30-98.)
 
                            -9-      LRB093 05289 AMC 13391 a
 1        (225 ILCS 115/4) (from Ch. 111, par. 7004)
 2        (Section scheduled to be repealed on January 1, 2004)
 3        Sec. 4.  Exemptions.  Nothing in this Act shall apply  to
 4    any of the following:
 5             (1)  Veterinarians  employed by the federal or State
 6        government Federal Government while actually  engaged  in
 7        their official duties.
 8             (2)  Licensed  veterinarians  from  other states who
 9        are invited to Illinois for consultation or lecturing.
10             (3)  Veterinarians   employed   by    colleges    or
11        universities  or  by state agencies, while engaged in the
12        performance of their official duties, or faculty  engaged
13        in  animal  husbandry  or  animal  management programs of
14        colleges or universities.
15             (4)  A  veterinarian  employed  by   an   accredited
16        college   of  veterinary  medicine  providing  assistance
17        requested by a veterinarian licensed in Illinois,  acting
18        with  informed  consent  from the client and acting under
19        the direct or indirect supervision  and  control  of  the
20        licensed  veterinarian.   Providing  assistance  involves
21        hands-on  active  participation in the treatment and care
22        of the patient.  The licensed veterinarian shall maintain
23        responsibility   for   the    veterinarian-client-patient
24        relationship.
25             (5)(4)  Veterinary   students   in   an   accredited
26        approved college, university, department of a university,
27        or  other  institution of veterinary medicine and surgery
28        engaged in while in the performance of duties assigned by
29        their instructors.
30             (6)(5)  Any person engaged in bona  fide  scientific
31        research which requires the use of animals.
32             (7)  An  owner  of  livestock and any of the owner's
33        employees or the owner and employees  of  a  service  and
34        care  provider  of  livestock  caring  for  and  treating
 
                            -10-     LRB093 05289 AMC 13391 a
 1        livestock  belonging  to  the owner or under a provider's
 2        care, including but not limited to,  the  performance  of
 3        husbandry  and  livestock  management  practices  such as
 4        dehorning,  castration,  emasculation,  or   docking   of
 5        cattle,  horses,  sheep,  goats,  and  swine,  artificial
 6        insemination, and drawing of semen. Nor shall this Act be
 7        construed  to prohibit any person from administering in a
 8        humane manner medicinal  or  surgical  treatment  to  any
 9        livestock  in the care of such person.  However, any such
10        services shall comply with the Humane  Care  for  Animals
11        Act.
12             (8)  An  owner  of a companion animal caring for and
13        treating  an  animal  belonging  to  such  owner.    Such
14        services  shall  comply  with the Humane Care for Animals
15        Act.
16             (9)  A member in good standing of  another  licensed
17        or  regulated  profession within any state or a member of
18        an organization or group approved by  the  Department  by
19        rule  providing  assistance  requested  by a veterinarian
20        licensed in this State acting with informed consent  from
21        the  client  and  acting  under  the  direct  or indirect
22        supervision and control  of  the  licensed  veterinarian.
23        Providing    assistance    involves    hands-on    active
24        participation  in  the treatment and care of the patient,
25        as defined by  rule.   The  licensed  veterinarian  shall
26        maintain          responsibility          for         the
27        veterinarian-client-patient relationship.
28             (10)  A graduate  of  a  non-accredited  college  of
29        veterinary  medicine who is in the process of obtaining a
30        certificate of educational equivalence and is  performing
31        duties  or actions assigned by instructors in an approved
32        college of veterinary medicine.
33             (11)  A  certified  euthanasia  technician  who   is
34        authorized  to perform euthanasia in the course and scope
 
                            -11-     LRB093 05289 AMC 13391 a
 1        of his or her employment.
 2             (12)  A   person   who,   without   expectation   of
 3        compensation, provides emergency veterinary  care  in  an
 4        emergency or disaster situation so long as he or she does
 5        not represent himself or herself as a veterinarian or use
 6        a  title  or degree pertaining to the practice veterinary
 7        medicine and surgery.
 8             (13)  An  employee  of   a   licensed   veterinarian
 9        performing   duties   other  than  diagnosis,  prognosis,
10        prescription,  or  surgery  under   the   direction   and
11        supervision of the veterinarian, who shall be responsible
12        for the performance of the employee.
13             (14)  An   approved  humane  investigator  regulated
14        under the Humane Care for Animals Act or  employee  of  a
15        shelter  licensed  under  the Animal Welfare Act, working
16        under   the   indirect   supervision   of   a    licensed
17        veterinarian.
18             (15)  Private   treaty   sale   of   animals  unless
19        otherwise   provided   by   law.   (6)  The    dehorning,
20        castration,  emasculation  or  docking of cattle, horses,
21        sheep, goats and swine in the course or exchange of  work
22        for   which  no  monetary  compensation  is  paid  or  to
23        artificial insemination and the  drawing  of  semen.  Nor
24        shall  this  Act be construed to prohibit any person from
25        administering, in a humane manner, medicinal or  surgical
26        treatment  to any animal belonging to such person, unless
27        title  has  been   transferred   for   the   purpose   of
28        circumventing this Act.  However, any such services shall
29        comply with the Humane Care for Animals Act.
30             (7)  Members  of  other  licensed professions or any
31        other  individuals  when  called  for  consultation   and
32        assistance  by  a  veterinarian  licensed in the State of
33        Illinois and who act under  the  supervision,  direction,
34        and  control  of  the veterinarian, as further defined by
 
                            -12-     LRB093 05289 AMC 13391 a
 1        rule of the Department.
 2             (8)  Certified euthanasia technicians.
 3    (Source: P.A. 92-449, eff. 1-1-02.)

 4        (225 ILCS 115/5) (from Ch. 111, par. 7005)
 5        (Section scheduled to be repealed on January 1, 2004)
 6        Sec. 5.  No person shall practice veterinary medicine and
 7    surgery in any of its branches without a valid license to  do
 8    so.   Any person not licensed under this Act who performs any
 9    of the functions described  as  the  practice  of  veterinary
10    medicine  or surgery as defined in this Act, who announces to
11    the public in any way an  intention  to  practice  veterinary
12    medicine and surgery, who uses the title Doctor of Veterinary
13    Medicine  or  the  initials D.V.M. or V.M.D., or who opens an
14    office, hospital, or clinic for such purposes  is  considered
15    to  have  violated  this  Act  and  may be subject to all the
16    penalties provided for such violations.
17        It shall be unlawful for any person who is  not  licensed
18    in this State to provide veterinary medical services from any
19    state   to   a  client  or  patient  in  this  State  through
20    telephonic,  electronic,  or  other  means,  except  where  a
21    bonafide veterinarian-client-patient relationship exists.
22        Nothing in this Act shall be construed to prevent members
23    of other professions from performing functions for which they
24    are duly licensed.  Other  professionals  may  not,  however,
25    hold  themselves  out  or refer to themselves by any title or
26    descriptions stating or implying that they are engaged in the
27    practice of veterinary medicine or that they are licensed  to
28    engage in the practice of veterinary medicine.
29    (Source: P.A. 83-1016.)

30        (225 ILCS 115/8) (from Ch. 111, par. 7008)
31        (Section scheduled to be repealed on January 1, 2004)
32        Sec.  8. Qualifications. A person is qualified to receive
 
                            -13-     LRB093 05289 AMC 13391 a
 1    a license if he or she: (1) is of good moral  character;  (2)
 2    has  graduated  from  an  accredited  college  or  school  of
 3    veterinary   medicine  has  received  at  least  2  years  of
 4    preveterinary collegiate training; (3) has graduated  from  a
 5    veterinary  school  that requires for graduation a 4-year, or
 6    equivalent,  course  in  veterinary  medicine   and   surgery
 7    approved  by  the  Department;  and  (3)  (4)  has passed the
 8    examination authorized by the Department to determine fitness
 9    to hold a license.
10        Applicants for licensure from  non-accredited  veterinary
11    schools  are  required  to successfully complete a program of
12    educational  equivalency  as  established  by  rule.   At   a
13    minimum, this program shall include all of the following:
14             (1)  A  certified  transcript  indicating graduation
15        from such college.
16             (2)  Successful  completion   of   a   communication
17        ability  examination  designed  to  assess  communication
18        skills, including a command of the English language.
19             (3)  Successful  completion  of  an  examination  or
20        assessment  mechanism  designed  to  evaluate educational
21        equivalence,  including  both  preclinical  and  clinical
22        competencies.
23             (4)  Any  other  reasonable   assessment   mechanism
24        designed to ensure an applicant possesses the educational
25        background  necessary  to  protect  the public health and
26        safety.
27        Successful completion of the criteria set forth  in  this
28    Section  shall  establish education equivalence as one of the
29    criteria for licensure set forth  in  this  Act.   Applicants
30    under  this  Section  must  also  meet  all  other  statutory
31    criteria  for  licensure  prior  to  the issuance of any such
32    license, including graduation from veterinary school.
33        With  respect  to  graduates  of  unapproved   veterinary
34    programs,  the  Department  shall  determine if such programs
 
                            -14-     LRB093 05289 AMC 13391 a
 1    meet standards equivalent to those set forth in clauses  (2),
 2    (3), and (4) of Section 9 of this Act.
 3        Graduates of non-approved veterinary schools are required
 4    to pass a proficiency examination specified by the Department
 5    or to provide one year of evaluated clinical experience as an
 6    employee  of  a  licensed veterinarian.  Prior to hiring such
 7    person, the licensed veterinarian shall notify the Board,  in
 8    writing,  and shall employ such persons only upon the written
 9    approval of the Board.  Such approval shall be for  one  year
10    only  and  is  not  renewable.  Such clinical employees shall
11    treat animals  only  under  the  direct  supervision  of  the
12    licensed veterinarian.
13        In  determining  moral  character under this Section, the
14    Department may take into consideration any felony  conviction
15    of  the applicant, but such a conviction shall not operate as
16    a bar to  obtaining  a  license.   The  Department  may  also
17    request  the applicant to submit and may consider as evidence
18    of moral character, endorsements from 2 individuals  licensed
19    under this Act.
20    (Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)

21        (225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
22        (Section scheduled to be repealed on January 1, 2004)
23        Sec.  8.1.   Certified  veterinary technician. "Certified
24    veterinary technician" means a person who has graduated  from
25    a  veterinary  technology  program accredited by the American
26    Veterinary Medical Association who has filed  an  application
27    with the Department, paid the fee, and passed the examination
28    as  prescribed  by rule.  Veterinary technology is defined as
29    the performance of services within the  field  of  veterinary
30    medicine by a person who for compensation or personal profit,
31    is employed by a licensed veterinarian to perform duties that
32    require  an  understanding of veterinary medicine as required
33    in carrying out the orders  of  the  veterinarian.   However,
 
                            -15-     LRB093 05289 AMC 13391 a
 1    those  services  shall  not  include  diagnosing, prognosing,
 2    writing  prescriptions,  or  surgery.   A  person  who  is  a
 3    certified as a veterinary technician who performs  veterinary
 4    technology  contrary  to  this  Act  is  guilty  of a Class A
 5    misdemeanor and shall be subject to the revocation of his  or
 6    her  certificate.   However, these penalties and restrictions
 7    shall not apply to  a  student  while  performing  activities
 8    required as a part of his or her training.
 9        The  Department  and  the  Board  are  authorized to hold
10    hearings, reprimand, suspend, revoke, or refuse to  issue  or
11    renew a certificate and to perform any other acts that may be
12    necessary  to  regulate certified veterinary technicians in a
13    manner consistent with the provisions of the  Act  applicable
14    to veterinarians.
15        The  title  "Certified  veterinary  technician"  and  the
16    initials  "CVT"  may only be used by persons certified by the
17    Department.  A person  who  uses  these  titles  without  the
18    certification  as  provided  in  this  Section is guilty of a
19    Class A misdemeanor.
20        Certified veterinary technicians  shall  be  required  to
21    complete  continuing education as prescribed by rule to renew
22    their certification.
23    (Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)

24        (225 ILCS 115/11) (from Ch. 111, par. 7011)
25        (Section scheduled to be repealed on January 1, 2004)
26        Sec. 11.  Temporary permits. A person holding the  degree
27    of  Doctor of Veterinary Medicine, or its equivalent, from an
28    accredited college of veterinary medicine approved veterinary
29    program, and who has applied in writing to the Department for
30    a license to practice veterinary medicine and surgery in  any
31    of  its  branches,  and who has fulfilled the requirements of
32    Section 8 of this Act,  with  the  exception  of  receipt  of
33    notification  of his or her examination results, may receive,
 
                            -16-     LRB093 05289 AMC 13391 a
 1    at the discretion of the Department, a  temporary  permit  to
 2    practice   under   the  direct  supervision  of  a  specified
 3    veterinarian who is licensed in this State,  until:  (1)  the
 4    applicant has been notified of the results of the examination
 5    authorized  by  the  Department;  or  (2)  the  applicant has
 6    withdrawn his or her application.
 7        A temporary permit may be issued by the Department  to  a
 8    person  who  is  a  veterinarian  licensed  under the laws of
 9    another state, a territory of the United States, or a foreign
10    country, upon application in writing to the Department for  a
11    license under this Act if he or she is qualified to receive a
12    license  and  until: (1) the expiration of 6 months after the
13    filing of the written application, (2) the withdrawal of  the
14    application  or  (3)  the  denial  of  the application by the
15    Department.
16        A temporary permit issued under this Section shall not be
17    extended or renewed.  The holder of a temporary permit  shall
18    perform  only  those  acts  that  may  be  prescribed  by and
19    incidental to his or her employment and  that  act  shall  be
20    performed  under  the  direction  of  a supervising specified
21    licensed veterinarian who is licensed  in  this  State.   The
22    holder  of  the  temporary permit He shall not be entitled to
23    otherwise engage in the practice of veterinary medicine until
24    fully licensed in this State.
25        Upon the revocation of a temporary permit, the Department
26    shall immediately notify, by certified mail, the  supervising
27    specified  veterinarian  employing  the holder of a temporary
28    permit and the holder of  the  permit.   A  temporary  permit
29    shall be revoked by the Department upon proof that the holder
30    of  the  permit  has  engaged  in  the practice of veterinary
31    medicine in this State outside his or her employment under  a
32    licensed veterinarian.
33    (Source: P.A. 90-655, eff. 7-30-98.)
 
                            -17-     LRB093 05289 AMC 13391 a
 1        (225 ILCS 115/12) (from Ch. 111, par. 7012)
 2        (Section scheduled to be repealed on January 1, 2004)
 3        Sec.  12.  Inactive status. Any veterinarian or certified
 4    veterinary technician who notifies the Department in  writing
 5    on  the  prescribed  form  may  place  his  or her license or
 6    certification on an inactive status  and  shall,  subject  to
 7    rule,   be  exempt  from  payment  of  the  renewal  fee  and
 8    compliance with the continuing education  requirements  until
 9    he  or  she  notifies the Department in writing of his or her
10    intention to resume active status.
11        Any  veterinarian  or  certified  veterinary   technician
12    requesting restoration from inactive status shall be required
13    to  complete  the  continuing  education  requirements  for a
14    single license or certificate  renewal  period,  pursuant  to
15    rule,  and  pay the current renewal fee to restore his or her
16    license or certification as provided in this Act.
17        Any veterinarian whose  license  is  in  inactive  status
18    shall  not  practice  veterinary medicine and surgery in this
19    State.
20    (Source: P.A. 88-424.)

21        (225 ILCS 115/15) (from Ch. 111, par. 7015)
22        (Section scheduled to be repealed on January 1, 2004)
23        Sec.  15.   Expiration  and  renewal  of   license.   The
24    expiration  date  and  renewal  period  for  each  license or
25    certificate  shall  be  set  by  rule.   A  veterinarian   or
26    certified  veterinary technician whose license or certificate
27    has expired may reinstate his or her license  or  certificate
28    at  any  time within 5 years after the expiration thereof, by
29    making a renewal application and by paying the  required  fee
30    and  submitting  proof  of the required continuing education.
31    However, any veterinarian or certified veterinary  technician
32    whose  license or certificate expired while he or she was (1)
33    on active duty with the Armed Forces of the United States  or
 
                            -18-     LRB093 05289 AMC 13391 a
 1    called  into  service or training by the State militia or (2)
 2    in training or education under the supervision of the  United
 3    States  preliminary  to  induction into the military service,
 4    may have his license or certificate renewed,  reinstated,  or
 5    restored  without  paying any lapsed renewal fees if within 2
 6    years  after  termination  of  the  service,   training,   or
 7    education  the  veterinarian  furnishes  the  Department with
 8    satisfactory evidence of service, training, or education  and
 9    it has been terminated under honorable conditions.
10        Any veterinarian or certified veterinary technician whose
11    license  or certificate has expired for more than 5 years may
12    have it restored by making application to the Department  and
13    filing  acceptable  proof  of  fitness to have the license or
14    certificate restored. The proof may  include  sworn  evidence
15    certifying  active  practice  in  another  jurisdiction.  The
16    veterinarian or certified veterinary  technician  shall  also
17    pay  the  required  restoration  fee  and submit proof of the
18    required  continuing  education.   If  the  veterinarian   or
19    certified veterinary technician has not practiced for 5 years
20    or  more,  the Board shall determine by an evaluation program
21    established by rule, whether the individual is fit to  resume
22    active  status and may require the veterinarian to complete a
23    period of  evaluated  clinical  experience  and  may  require
24    successful completion of a clinical examination.
25    (Source: P.A. 92-84, eff. 7-1-02.)

26        (225 ILCS 115/24.1)
27        (Section scheduled to be repealed on January 1, 2004)
28        Sec.     24.1.  Impaired     veterinarians.     "Impaired
29    veterinarian" means a veterinarian who is unable to  practice
30    veterinary  medicine with reasonable skill and safety because
31    of a physical or mental disability as evidenced by a  written
32    determination  or written consent based on clinical evidence,
33    including deterioration through the aging  process,  loss  of
 
                            -19-     LRB093 05289 AMC 13391 a
 1    motor  skills,  or  abuse  of  drugs or alcohol of sufficient
 2    degree to diminish a person's ability  to  deliver  competent
 3    patient  care.  The  Department  shall  establish  by  rule a
 4    program of care, counseling, or treatment  for  the  impaired
 5    veterinarians veterinarian.
 6        "Program  of  care,  counseling,  or  treatment"  means a
 7    written schedule of organized  treatment,  care,  counseling,
 8    activities,  or education satisfactory to the Board, designed
 9    for  the  purpose  of  restoring  an  impaired  person  to  a
10    condition whereby the impaired person can practice veterinary
11    medicine with reasonable skill and  safety  of  a  sufficient
12    degree to deliver competent patient care.
13    (Source: P.A. 88-424.)

14        (225 ILCS 115/25) (from Ch. 111, par. 7025)
15        (Section scheduled to be repealed on January 1, 2004)
16        Sec. 25.  Disciplinary actions.
17        1.  The  Department  may refuse to issue or renew, or may
18    revoke, suspend, place on probation, reprimand, or take other
19    disciplinary action as the Department may  deem  appropriate,
20    including fines not to exceed $1,000 for each violation, with
21    regard   to  any  license  or  certificate  for  any  one  or
22    combination of the following:
23             A.  Material misstatement in furnishing  information
24        to the Department.
25             B.  Violations   of   this  Act,  or  of  the  rules
26        promulgated under this Act.
27             C.  Conviction of any crime under the  laws  of  the
28        United  States  or  any  state or territory of the United
29        States that is a felony or  that  is  a  misdemeanor,  an
30        essential   element  of  which  is  dishonesty, or of any
31        crime that is directly related to  the  practice  of  the
32        profession.
33             D.  Making  any misrepresentation for the purpose of
 
                            -20-     LRB093 05289 AMC 13391 a
 1        obtaining licensure or certification,  or  violating  any
 2        provision of this Act or the rules promulgated under this
 3        Act pertaining to advertising.
 4             E.  Professional incompetence.
 5             F.  Gross malpractice.
 6             G.  Aiding  or assisting another person in violating
 7        any provision of this Act or rules.
 8             H.  Failing, within 60 days, to provide  information
 9        in response to a written request made by the Department.
10             I.  Engaging    in   dishonorable,   unethical,   or
11        unprofessional conduct of a character likely to  deceive,
12        defraud or harm the public.
13             J.  Habitual   or  excessive  use  or  addiction  to
14        alcohol, narcotics, stimulants,  or  any  other  chemical
15        agent  or  drug that results in the inability to practice
16        with reasonable judgment, skill, or safety.
17             K.  Discipline  by  another   state,   District   of
18        Columbia,  territory,  or foreign nation, if at least one
19        of  the  grounds  for  the  discipline  is  the  same  or
20        substantially equivalent to those set forth herein.
21             L.  Directly or indirectly giving  to  or  receiving
22        from   any  person,  firm,  corporation,  partnership  or
23        association any fee, commission, rebate or other form  of
24        compensation  for  professional  services not actually or
25        personally rendered.
26             M.  A finding by the  Board  that  the  licensee  or
27        certificate   holder,   after   having   his  license  or
28        certificate placed on probationary status,  has  violated
29        the terms of probation.
30             N.  Willfully  making  or  filing  false  records or
31        reports in his practice, including  but  not  limited  to
32        false records filed with State agencies or departments.
33             O.  Physical  illness, including but not limited to,
34        deterioration through the aging process, or loss of motor
 
                            -21-     LRB093 05289 AMC 13391 a
 1        skill which results in  the  inability  to  practice  the
 2        profession with reasonable judgement, skill or safety.
 3             P.  Solicitation of professional services other than
 4        permitted advertising.
 5             Q.  Having  professional  connection with or lending
 6        one's  name,  directly  or  indirectly,  to  any  illegal
 7        practitioner of veterinary medicine and surgery  and  the
 8        various branches thereof.
 9             R.  Conviction  of or cash compromise of a charge or
10        violation of the Harrison Act or the Illinois  Controlled
11        Substances Act, regulating narcotics.
12             S.  Fraud  or  dishonesty  in applying, treating, or
13        reporting on tuberculin or other biological tests.
14             T.  Failing to report, as required by law, or making
15        false report of any contagious or infectious diseases.
16             U.  Fraudulent  use  or   misuse   of   any   health
17        certificate,   shipping   certificate,  brand  inspection
18        certificate, or other blank forms used in  practice  that
19        might  lead  to  the  dissemination  of  disease  or  the
20        transportation  of  diseased  animals  dead  or alive; or
21        dilatory methods, willful neglect,  or  misrepresentation
22        in  the  inspection  of  milk,  meat,  poultry,  and  the
23        by-products thereof.
24             V.  Conviction on a charge of cruelty to animals.
25             W.  Failure to keep one's premises and all equipment
26        therein in a clean and sanitary condition.
27             X.  Failure  to provide satisfactory proof of having
28        participated in approved continuing education programs.
29             Y.  Failure to (i) file a return, (ii) pay the  tax,
30        penalty,  or  interest  shown in a filed return, or (iii)
31        pay any final assessment of tax, penalty, or interest, as
32        required by any tax  Act  administered  by  the  Illinois
33        Department of Revenue, until the requirements of that tax
34        Act are satisfied.
 
                            -22-     LRB093 05289 AMC 13391 a
 1             Z.  Conviction    by    any   court   of   competent
 2        jurisdiction, either within or outside this State, of any
 3        violation of any law governing the practice of veterinary
 4        medicine,   if   the   Department    determines,    after
 5        investigation,  that the person has not been sufficiently
 6        rehabilitated to warrant the public trust.
 7             AA.  Promotion  of  the  sale  of  drugs,   devices,
 8        appliances, or goods provided for a patient in any manner
 9        to   exploit   the  client  for  financial  gain  of  the
10        veterinarian.
11             BB.  Gross, willful, or continued  overcharging  for
12        professional  services, including filing false statements
13        for  collection  of  fees  for  which  services  are  not
14        rendered.
15             CC.  Practicing under a false or, except as provided
16        by law, an assumed name.
17             DD.  Fraud or misrepresentation in applying for,  or
18        procuring, a license under this Act or in connection with
19        applying for renewal of a license under this Act.
20             EE.  Cheating   on  or  attempting  to  subvert  the
21        licensing examination administered under this Act.
22             FF.  Using, prescribing, or selling  a  prescription
23        drug or the extra-label use of a prescription drug by any
24        means      in      the     absence     of     a     valid
25        veterinarian-client-patient relationship.
26             GG.  Failing  to  report   a   case   of   suspected
27        aggravated  cruelty, torture, or animal fighting pursuant
28        to Section 3.07 or 4.01 of the Humane  Care  for  Animals
29        Act or Section 26-5 of the Criminal Code of 1961.
30        2.  The  determination by a circuit court that a licensee
31    or certificate holder is subject to involuntary admission  or
32    judicial  admission  as  provided  in  the  Mental Health and
33    Developmental Disabilities  Code  operates  as  an  automatic
34    suspension.   The suspension will end only upon a  finding by
 
                            -23-     LRB093 05289 AMC 13391 a
 1    a court that the patient is no longer subject to  involuntary
 2    admission  or  judicial  admission  and  issues  an  order so
 3    finding  and  discharging   the   patient;   and   upon   the
 4    recommendation of the Board to the Director that the licensee
 5    or certificate holder be allowed to resume his practice.
 6        3.  All   proceedings   to   suspend,  revoke,  place  on
 7    probationary status, or take any other disciplinary action as
 8    the Department may deem proper, with regard to a  license  or
 9    certificate   on  any  of  the  foregoing  grounds,  must  be
10    commenced within 3 years after receipt by the Department of a
11    complaint  alleging  the  commission  of  or  notice  of  the
12    conviction order for  any  of  the  acts  described  in  this
13    Section.   Except  for  proceedings brought for violations of
14    items (CC), (DD), or (EE), no action shall be commenced  more
15    than 5 years after the date of the incident or act alleged to
16    have  violated  this Section.  In the event of the settlement
17    of any claim or cause of action in favor of the  claimant  or
18    the  reduction to final judgment of any civil action in favor
19    of the plaintiff, the claim, cause of action, or civil action
20    being grounded on the allegation that a  person  licensed  or
21    certified under this Act was negligent in providing care, the
22    Department  shall  have an additional period of one year from
23    the date of the settlement or  final  judgment  in  which  to
24    investigate  and  begin formal disciplinary proceedings under
25    Section 25.2 of this Act, except  as  otherwise  provided  by
26    law.   The  time  during  which  the holder of the license or
27    certificate was outside the State of Illinois  shall  not  be
28    included  within any period of time limiting the commencement
29    of disciplinary action by the Department.
30    (Source: P.A. 88-424.)

31        (225 ILCS 115/25.19 new)
32        (Section scheduled to be repealed on January 1, 2004)
33        Sec. 25.19.  Mandatory reporting.  Nothing  in  this  Act
 
                            -24-     LRB093 05289 AMC 13391 a
 1    exempts  a licensee from the mandatory reporting requirements
 2    regarding suspected acts of aggravated cruelty, torture,  and
 3    animal  fighting  imposed under Sections 3.07 and 4.01 of the
 4    Humane Care for Animals Act and Section 26-5 of the  Criminal
 5    Code of 1961.

 6        (225 ILCS 115/9 rep.)
 7        Section 18.  The Veterinary Medicine and Surgery Practice
 8    Act of 1994 is amended by repealing Section 9.

 9        Section  20.   The  Animal  Welfare  Act  is  amended  by
10    changing Section 2 as follows:

11        (225 ILCS 605/2) (from Ch. 8, par. 302)
12        Sec.  2.  Definitions.  As  used  in  this Act unless the
13    context otherwise requires:
14        "Department"   means   the   Illinois    Department    of
15    Agriculture.
16        "Director"  means the Director of the Illinois Department
17    of Agriculture.
18        "Pet shop operator" means any person who sells, offers to
19    sell, exchange, or offers for adoption with or without charge
20    or donation dogs,  cats,  birds,  fish,  reptiles,  or  other
21    animals customarily obtained as pets in this State.  However,
22    a person who sells only such animals that he has produced and
23    raised shall not be considered a pet shop operator under this
24    Act,  and  a  veterinary  hospital  or  clinic  operated by a
25    veterinarian or veterinarians licensed under  the  Veterinary
26    Medicine  and  Surgery Practice Act of 2004 1994 shall not be
27    considered a pet shop operator under this Act.
28        "Dog dealer" means any person who sells, offers to  sell,
29    exchange,  or  offers  for adoption with or without charge or
30    donation dogs in this State. However, a person who sells only
31    dogs that he has produced and raised shall not be  considered
 
                            -25-     LRB093 05289 AMC 13391 a
 1    a  dog  dealer  under  this Act, and a veterinary hospital or
 2    clinic operated by a veterinarian or  veterinarians  licensed
 3    under  the  Veterinary  Medicine  and Surgery Practice Act of
 4    2004 1994 shall not be considered a  dog  dealer  under  this
 5    Act.
 6        "Secretary  of  Agriculture"  or  "Secretary"  means  the
 7    Secretary  of  Agriculture of the United States Department of
 8    Agriculture.
 9        "Person"   means   any   person,    firm,    corporation,
10    partnership, association or other legal entity, any public or
11    private  institution, the State of Illinois, or any municipal
12    corporation or political subdivision of the State.
13        "Kennel  operator"  means  any  person  who  operates  an
14    establishment,  other  than  an  animal   control   facility,
15    veterinary  hospital,  or  animal shelter, where dogs or dogs
16    and cats are maintained for  boarding,  training  or  similar
17    purposes  for  a fee or compensation; or who sells, offers to
18    sell, exchange, or offers for adoption with or without charge
19    dogs or dogs and cats which he has produced  and  raised.   A
20    person  who  owns,  has  possession  of, or harbors 5 or less
21    females capable of reproduction shall  not  be  considered  a
22    kennel operator.
23        "Cattery  operator"  means  any  person  who  operates an
24    establishment, other  than  an  animal  control  facility  or
25    animal  shelter,  where  cats  are  maintained  for boarding,
26    training or similar purposes for a fee  or  compensation;  or
27    who  sells,  offers to sell, exchange, or offers for adoption
28    with or without  charges  cats  which  he  has  produced  and
29    raised.   A  person who owns, has possession of, or harbors 5
30    or  less  females  capable  of  reproduction  shall  not   be
31    considered a cattery operator.
32        "Animal  control facility" means any facility operated by
33    or under contract for the State,  county,  or  any  municipal
34    corporation  or  political  subdivision  of the State for the
 
                            -26-     LRB093 05289 AMC 13391 a
 1    purpose of impounding or harboring seized,  stray,  homeless,
 2    abandoned or unwanted dogs, cats, and other animals.  "Animal
 3    control  facility"  also  means  any  veterinary  hospital or
 4    clinic operated by a veterinarian or  veterinarians  licensed
 5    under  the  Veterinary  Medicine  and Surgery Practice Act of
 6    2004 1994 which operates for the above mentioned  purpose  in
 7    addition to its customary purposes.
 8        "Animal  shelter"  means  a  facility operated, owned, or
 9    maintained by a  duly  incorporated  humane  society,  animal
10    welfare  society,  or  other  non-profit organization for the
11    purpose  of  providing  for  and   promoting   the   welfare,
12    protection,   and   humane  treatment  of  animals.   "Animal
13    shelter"  also  means  any  veterinary  hospital  or   clinic
14    operated  by  a  veterinarian or veterinarians licensed under
15    the Veterinary Medicine and Surgery Practice Act of 2004 1994
16    which operates for the above mentioned purpose in addition to
17    its customary purposes.
18        "Foster  home"  means  an   entity   that   accepts   the
19    responsibility  for  stewardship  of  animals  that  are  the
20    obligation  of  an animal shelter, not to exceed 4 animals at
21    any given time.  Permits to operate as a "foster home"  shall
22    be issued through the animal shelter.
23        "Guard  dog  service"  means  an  entity that, for a fee,
24    furnishes or leases guard or sentry dogs for  the  protection
25    of  life  or  property.   A person is not a guard dog service
26    solely because he or she owns a dog and uses it to guard  his
27    or her home, business, or farmland.
28        "Guard  dog"  means  a type of dog used primarily for the
29    purpose of defending, patrolling, or protecting  property  or
30    life at a commercial establishment other than a farm.  "Guard
31    dog"  does not include stock dogs used primarily for handling
32    and controlling  livestock  or  farm  animals,  nor  does  it
33    include personally owned pets that also provide security.
34        "Sentry   dog"  means  a  dog  trained  to  work  without
 
                            -27-     LRB093 05289 AMC 13391 a
 1    supervision in a fenced facility other than a  farm,  and  to
 2    deter   or  detain  unauthorized  persons  found  within  the
 3    facility.
 4    (Source: P.A. 89-178, eff.  7-19-95;  90-385,  eff.  8-15-97;
 5    90-403, eff. 8-15-97.)

 6        Section  25.   The Elder Abuse and Neglect Act is amended
 7    by changing Section 2 as follows:

 8        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 9        Sec. 2. Definitions.  As used in  this  Act,  unless  the
10    context requires otherwise:
11        (a)  "Abuse" means causing any physical, mental or sexual
12    injury  to  an eligible adult, including exploitation of such
13    adult's financial resources.
14        Nothing in this Act shall be construed to  mean  that  an
15    eligible  adult  is a victim of abuse or neglect for the sole
16    reason that he or she is being furnished with or relies  upon
17    treatment   by  spiritual  means  through  prayer  alone,  in
18    accordance with the tenets  and  practices  of  a  recognized
19    church or religious denomination.
20        Nothing  in  this  Act shall be construed to mean that an
21    eligible adult is a victim of abuse because  of  health  care
22    services  provided  or  not  provided by licensed health care
23    professionals.
24        (a-5)  "Abuser" means a person who abuses,  neglects,  or
25    financially exploits an eligible adult.
26        (a-7)  "Caregiver"  means a person who either as a result
27    of a family relationship, voluntarily,  or  in  exchange  for
28    compensation  has assumed responsibility for all or a portion
29    of the care of an eligible adult who  needs  assistance  with
30    activities of daily living.
31        (b)  "Department"  means  the  Department on Aging of the
32    State of Illinois.
 
                            -28-     LRB093 05289 AMC 13391 a
 1        (c)  "Director" means the Director of the Department.
 2        (d)  "Domestic living situation" means a residence  where
 3    the eligible adult lives alone or with his or her family or a
 4    caregiver,  or  others,  or  a  board  and care home or other
 5    community-based unlicensed facility, but is not:
 6             (1)  A licensed facility as defined in Section 1-113
 7        of the Nursing Home Care Act;
 8             (2)  A "life care facility" as defined in  the  Life
 9        Care Facilities Act;
10             (3)  A home, institution, or other place operated by
11        the  federal government or agency thereof or by the State
12        of Illinois;
13             (4)  A hospital, sanitarium, or  other  institution,
14        the  principal  activity  or  business  of  which  is the
15        diagnosis, care, and treatment of human  illness  through
16        the  maintenance  and  operation  of organized facilities
17        therefor, which is required  to  be  licensed  under  the
18        Hospital Licensing Act;
19             (5)  A "community living facility" as defined in the
20        Community Living Facilities Licensing Act;
21             (6)  A   "community   residential   alternative"  as
22        defined  in  the   Community   Residential   Alternatives
23        Licensing Act; and
24             (7)  A  "community-integrated living arrangement" as
25        defined in the Community-Integrated  Living  Arrangements
26        Licensure and Certification Act.
27          (e)  "Eligible adult" means a person 60 years of age or
28    older  who  resides in a domestic living situation and is, or
29    is alleged to be, abused, neglected, or financially exploited
30    by another individual.
31        (f)  "Emergency" means a situation in which  an  eligible
32    adult  is  living in conditions presenting a risk of death or
33    physical, mental or sexual injury and the provider agency has
34    reason to believe the eligible adult is unable to consent  to
 
                            -29-     LRB093 05289 AMC 13391 a
 1    services which would alleviate that risk.
 2        (f-5)  "Mandated  reporter"  means  any  of the following
 3    persons while engaged  in  carrying  out  their  professional
 4    duties:
 5             (1)  a professional or professional's delegate while
 6        engaged  in:  (i)  social services, (ii) law enforcement,
 7        (iii) education, (iv) the care of an  eligible  adult  or
 8        eligible  adults,  or (v) any of the occupations required
 9        to be licensed under the Clinical Psychologist  Licensing
10        Act,  the  Clinical  Social Work and Social Work Practice
11        Act, the Illinois Dental Practice Act, the  Dietetic  and
12        Nutrition  Services Practice Act, the Marriage and Family
13        Therapy Licensing Act, the Medical Practice Act of  1987,
14        the  Naprapathic  Practice  Act, the Nursing and Advanced
15        Practice Nursing Act,  the  Nursing  Home  Administrators
16        Licensing and Disciplinary Act, the Illinois Occupational
17        Therapy  Practice  Act,  the Illinois Optometric Practice
18        Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
19        Illinois  Physical  Therapy  Act, the Physician Assistant
20        Practice Act of 1987, the Podiatric Medical Practice  Act
21        of   1987,   the   Respiratory  Care  Practice  Act,  the
22        Professional   Counselor   and   Clinical    Professional
23        Counselor  Licensing  Act,  the  Illinois Speech-Language
24        Pathology and  Audiology  Practice  Act,  the  Veterinary
25        Medicine  and  Surgery Practice Act of 2004 1994, and the
26        Illinois Public Accounting Act;
27             (2)  an  employee  of  a  vocational  rehabilitation
28        facility prescribed or supervised by  the  Department  of
29        Human Services;
30             (3)  an administrator, employee, or person providing
31        services  in  or  through  an  unlicensed community based
32        facility;
33             (4)  a Christian Science Practitioner;
34             (5)  field personnel of  the  Department  of  Public
 
                            -30-     LRB093 05289 AMC 13391 a
 1        Aid, Department of Public Health, and Department of Human
 2        Services, and any county or municipal health department;
 3             (6)  personnel  of the Department of Human Services,
 4        the Guardianship and Advocacy Commission, the State  Fire
 5        Marshal,  local fire departments, the Department on Aging
 6        and its subsidiary Area Agencies on  Aging  and  provider
 7        agencies,   and  the  Office  of  State  Long  Term  Care
 8        Ombudsman;
 9             (7)  any employee  of  the  State  of  Illinois  not
10        otherwise  specified  herein who is involved in providing
11        services  to  eligible  adults,  including  professionals
12        providing medical  or  rehabilitation  services  and  all
13        other persons having direct contact with eligible adults;
14        or
15             (8)  a  person  who performs the duties of a coroner
16        or medical examiner.
17          (g)  "Neglect" means another  individual's  failure  to
18    provide an eligible adult with or willful withholding from an
19    eligible  adult  the  necessities  of life including, but not
20    limited to, food, clothing, shelter  or  medical  care.  This
21    subsection  does  not  create  any  new  affirmative  duty to
22    provide support to eligible  adults.   Nothing  in  this  Act
23    shall be construed to mean that an eligible adult is a victim
24    of  neglect  because  of health care services provided or not
25    provided by licensed health care professionals.
26        (h)  "Provider agency"  means  any  public  or  nonprofit
27    agency  in  a  planning  and  service  area  appointed by the
28    regional administrative agency with  prior  approval  by  the
29    Department  on Aging to receive and assess reports of alleged
30    or suspected abuse, neglect, or financial exploitation.
31        (i)  "Regional administrative agency" means any public or
32    nonprofit agency in a planning and service area so designated
33    by the Department, provided that the designated  Area  Agency
34    on  Aging  shall  be  designated  the regional administrative
 
                            -31-     LRB093 05289 AMC 13391 a
 1    agency if it so requests. The  Department  shall  assume  the
 2    functions  of  the  regional  administrative  agency  for any
 3    planning and service area where  another  agency  is  not  so
 4    designated.
 5        (j)  "Substantiated   case"  means  a  reported  case  of
 6    alleged   or   suspected   abuse,   neglect,   or   financial
 7    exploitation in which a provider  agency,  after  assessment,
 8    determines that there is reason to believe abuse, neglect, or
 9    financial exploitation has occurred.
10    (Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
11    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

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

14        (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
15        Sec.  3.21.   Except  as  authorized  by  this  Act,  the
16    Controlled Substances Act, the Pharmacy Practice Act of 1987,
17    the  Dental  Practice  Act, the Medical Practice Act of 1987,
18    the Veterinary Medicine and  Surgery  Practice  Act  of  2004
19    1994,  or the Podiatric Medical Practice Act of 1987, to sell
20    or dispense a prescription drug without a prescription.
21    (Source: P.A. 88-424.)

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

24        (510 ILCS 70/2.01h)
25        Sec.  2.01h.  Animal  shelter.   "Animal shelter" means a
26    facility  operated,  owned,   or   maintained   by   a   duly
27    incorporated humane society, animal welfare society, or other
28    non-profit  organization for the purpose of providing for and
29    promoting the welfare, protection, and  humane  treatment  of
30    animals.  "Animal shelter" also means any veterinary hospital
 
                            -32-     LRB093 05289 AMC 13391 a
 1    or  clinic  operated  by  a  veterinarian  or   veterinarians
 2    licensed  under  the Veterinary Medicine and Surgery Practice
 3    Act of 2004 1994  which  operates  for  the  above  mentioned
 4    purpose in addition to its customary purposes.
 5    (Source: P.A. 92-454, eff. 1-1-02.)

 6        Section 40.  The Humane Euthanasia in Animal Shelters Act
 7    is amended by changing Section 5 as follows:

 8        (510 ILCS 72/5)
 9        Sec. 5.  Definitions.
10    The  following  terms have the meanings indicated, unless the
11    context requires otherwise:
12        "Animal" means any bird, fish, reptile, or  mammal  other
13    than man.
14        "DEA"  means the United States Department of Justice Drug
15    Enforcement Administration.
16        "Department"  means  the   Department   of   Professional
17    Regulation.
18        "Director"  means  the  Director  of  the  Department  of
19    Professional Regulation.
20        "Euthanasia  agency"  means  an  entity  certified by the
21    Department for the purpose of animal euthanasia that holds an
22    animal control facility or animal shelter license  under  the
23    Animal Welfare Act.
24        "Euthanasia  drugs"  means  Schedule  II  or Schedule III
25    substances (nonnarcotic controlled substances) as  set  forth
26    in  the Illinois Controlled Substances Act that are used by a
27    euthanasia agency for the purpose of animal euthanasia.
28        "Euthanasia technician" or "technician"  means  a  person
29    employed  by  a euthanasia agency or working under the direct
30    supervision of a veterinarian and who  is  certified  by  the
31    Department   to  administer  euthanasia  drugs  to  euthanize
32    animals.
 
                            -33-     LRB093 05289 AMC 13391 a
 1        "Veterinarian" means  a  person  holding  the  degree  of
 2    Doctor  of  Veterinary  Medicine  who  is  licensed under the
 3    Veterinary Medicine and Surgery Practice Act of 2004 1994.
 4    (Source: P.A. 92-449, eff. 1-1-02.)

 5        Section  45.   The  Good  Samaritan  Act  is  amended  by
 6    changing Section 60 as follows:

 7        (745 ILCS 49/60)
 8        Sec. 60.  Veterinarians; exemption from  civil  liability
 9    for  emergency care to humans.  Any person licensed under the
10    Veterinary Medicine and Surgery Practice Act of 2004 1994  or
11    any  person  licensed as a veterinarian in any other state or
12    territory of the United States who  in  good  faith  provides
13    emergency care to a human victim of an accident, at the scene
14    of  an  accident  or in a catastrophe shall not be liable for
15    civil damages as a result of his or her  acts  or  omissions,
16    except  for  willful  or wanton misconduct on the part of the
17    person in providing the care.
18    (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)

19        Section 99.  Effective date.  This Act  takes  effect  on
20    December 31, 2003.".