SB2236 98TH GENERAL ASSEMBLY

LRB098 06982 JLS 37039 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2236

Introduced 2/15/2013, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

New Act

Creates the Veterinary Medical Practice Ownership Act. Provides that one or more persons licensed under the Veterinary Medicine and Surgery Practice Act of 2004, or one or more persons or entities not licensed under the Veterinary Medicine and Surgery Practice Act of 2004, may form a veterinary practice in any legal form under applicable laws to own, operate, and maintain an establishment for specified purposes related to animal ailments and injuries, subject to specified restrictions. Contains provisions regarding the death of an owner, actions based on violations, relationships with clients, discipline, severability, and other matters.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

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

Section 1. Short title. This Act may be cited as the Veterinary Medical Practice Ownership Act.

Section 5. Formation.

(a) One or more persons licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004 may form a veterinary practice in any legal form pursuant to applicable laws including, but not limited to, the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Partnership Act to own, operate, and maintain an establishment for the study, diagnosis, and treatment of animal ailments and injuries, whether physical or mental, and to promote medical, surgical, and scientific research and knowledge; provided that veterinary medical or surgical treatment, consultation, or advice may be given only by persons with ownership interest or employees of the business who are licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004.

(b) One or more persons or entities that are not licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004 may form a veterinary practice in any legal form pursuant to applicable laws including, but not limited to, the Business Corporation Act of 1983, the Limited Liability Company Act, and the Uniform Partnership Act to own, operate, and maintain an establishment for the study, diagnosis, and treatment of animal ailments and injuries, whether physical or mental, and to promote medical, surgical, and scientific research and knowledge provided:

(i) the veterinary practice complies with all requirements of this Act and the Veterinary Medicine and Surgery Practice Act of 2004; and

(ii) the veterinary practice ensures that all employees of the veterinary practice that may provide or influence veterinary medical or surgical treatment, consultation, or advice are licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004.

Section 10. Death of owner. In the event of the death of a licensed veterinarian, when the death would render a veterinary practice unable to operate in compliance with this Act and the Veterinary Medicine and Surgery Practice Act of 2004, the veterinary practice shall suspend its operations until a person or persons holding a valid license to practice veterinary medicine and surgery under the Veterinary Medicine and Surgery Practice Act of 2004 assumes responsibility temporarily or permanently for the provision of and influence over veterinary medical or surgical treatment, consultation, or advice provided by the veterinary practice.

In the event of a death when the deceased was the sole owner of the veterinary medical practice and when the practice is, or is to be, transferred into ownership of one or more non-veterinarians, the veterinary medical practice may continue to operate in accordance with this Section.

Section 15. Actions to enjoin violations. An interested person who holds a valid license to practice veterinary medicine and surgery pursuant to the Veterinary Medicine and Surgery Practice Act of 2004 or any association whose primary purpose is to represent the interests of persons who hold a valid license to practice veterinary medicine and surgery may bring private suit to enjoin: (1) the practice of veterinary medicine and surgery by any veterinary medical practice that is not in compliance with this Act or the Veterinary Medicine and Surgery Practice Act of 2004 or (2) the activities of any veterinary medical practice during all such times as any employee of the practice individually or collectively, directly or indirectly, who is not licensed pursuant to that Act, provides veterinary medical or surgical treatment, consultation, or advice. The interested person or association may also prosecute such claims, wherein the court may order civil fines against the corporation for violations of this Act or the Veterinary Medicine and Surgery Practice Act of 2004 to be paid to the Department of Financial and Professional Regulation in amounts determined by the Department consistent with the Department's powers under Sections 25 and 25.18 of the Veterinary Medicine and Surgery Practice Act of 2004 and all other applicable provisions of the Veterinary Medicine and Surgery Practice Act of 2004. Any such interested person or association who is a successful party to such a suit shall receive from the unsuccessful party against whom the suit was brought all reasonable attorney's fees, court costs, and other costs of prosecution.

Section 20. Client relationship not altered. This Act does not alter any law applicable to the relationship between a veterinarian furnishing medical service and a client receiving such service, including liability arising out of such service.

Section 25. Discipline under the Veterinary Medicine and Surgery Practice Act of 2004. An individual employee licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004 who is employed by a veterinary practice subject to this Act shall remain subject to reprimand or discipline for his or her conduct under the provisions of that Act.

Section 95. Severability. If any provision of this Act or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.