Bill Status of SB3712  102nd General Assembly


Short Description:  VETERINARY RECORDS-LIABILITY

Senate Sponsors
Sen. David Koehler - Ira I. Silverstein - Dan Cronin and Dan Rutherford

House Sponsors
(Rep. Robyn Gabel - Mary E. Flowers - Maria Antonia Berrios - Elizabeth Coulson - Barbara Flynn Currie, William B. Black, Naomi D. Jakobsson, Elizabeth Hernandez, Linda Chapa LaVia, LaShawn K. Ford, Mike Boland, Luis Arroyo, Eddie Washington, Paul D. Froehlich, Susana A. Mendoza, Deborah Mell, Michael W. Tryon, Robert F. Flider, Shane Cultra and Eddie Lee Jackson, Sr.)

Last Action
DateChamber Action
  1/6/2011HouseThird Reading - Short Debate - Lost 046-071-000

Statutes Amended In Order of Appearance
5 ILCS 80/4.24
5 ILCS 80/4.30
225 ILCS 115/1from Ch. 111, par. 7001
225 ILCS 115/3from Ch. 111, par. 7003
225 ILCS 115/4from Ch. 111, par. 7004
225 ILCS 115/5from Ch. 111, par. 7005
225 ILCS 115/5.5 new
225 ILCS 115/6from Ch. 111, par. 7006
225 ILCS 115/7from Ch. 111, par. 7007
225 ILCS 115/14.1from Ch. 111, par. 7014.1
225 ILCS 115/25from Ch. 111, par. 7025
225 ILCS 115/25.1from Ch. 111, par. 7025.1
225 ILCS 115/25.2from Ch. 111, par. 7025.2
225 ILCS 115/25.4from Ch. 111, par. 7025.4
225 ILCS 115/25.6from Ch. 111, par. 7025.6
225 ILCS 115/25.7from Ch. 111, par. 7025.7
225 ILCS 115/25.8from Ch. 111, par. 7025.8
225 ILCS 115/25.9from Ch. 111, par. 7025.9
225 ILCS 115/25.10from Ch. 111, par. 7025.10
225 ILCS 115/25.13from Ch. 111, par. 7025.13
225 ILCS 115/25.17
225 ILCS 115/25.18


Synopsis As Introduced
Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that no person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship. Changes the definition of "veterinarian-client-patient relationship" to include a licensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable and appropriate medical care if he or she is unavailable. Adds exemptions from the Act for certain specified persons. Requires a veterinarian to maintain patient records, which shall include certain specified information, for a minimum of 5 years from the date of the last known contact with an animal patient. Increases the maximum civil penalty allowed for a violation of the Act from $5,000 to $10,000. Makes several changes to the definition of "practice of veterinary medicine". Makes changes to the definitions of "accredited program in veterinary technology", "certified veterinary technician", and "complementary, alternative, and integrative therapies". Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinary prescription drugs", and "veterinary specialist". Replaces all references in the Act to "Director" with "Secretary". Makes other changes. Also makes technical changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2020. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
5 ILCS 80/4.24
5 ILCS 80/4.30
225 ILCS 115/1from Ch. 111, par. 7001
225 ILCS 115/3from Ch. 111, par. 7003
225 ILCS 115/4from Ch. 111, par. 7004
225 ILCS 115/5from Ch. 111, par. 7005
225 ILCS 115/5.5 new
225 ILCS 115/6from Ch. 111, par. 7006
225 ILCS 115/7from Ch. 111, par. 7007
225 ILCS 115/14.1from Ch. 111, par. 7014.1
225 ILCS 115/25from Ch. 111, par. 7025
225 ILCS 115/25.1from Ch. 111, par. 7025.1
225 ILCS 115/25.2from Ch. 111, par. 7025.2
225 ILCS 115/25.4from Ch. 111, par. 7025.4
225 ILCS 115/25.6from Ch. 111, par. 7025.6
225 ILCS 115/25.7from Ch. 111, par. 7025.7
225 ILCS 115/25.8from Ch. 111, par. 7025.8
225 ILCS 115/25.9from Ch. 111, par. 7025.9
225 ILCS 115/25.10from Ch. 111, par. 7025.10
225 ILCS 115/25.13from Ch. 111, par. 7025.13
225 ILCS 115/25.17
225 ILCS 115/25.18
Adds reference to:
225 ILCS 115/2from Ch. 111, par. 7002

Replaces everything after the enacting clause. Amends the Veterinary Medicine Act. Makes technical change in the provision concerning the short title.

Senate Floor Amendment No. 2
Deletes reference to:
225 ILCS 115/2
Adds reference to:
225 ILCS 115/1from Ch. 111, par. 7001
225 ILCS 115/3from Ch. 111, par. 7003
225 ILCS 115/4from Ch. 111, par. 7004
225 ILCS 115/5from Ch. 111, par. 7005
225 ILCS 115/5.5 new
225 ILCS 115/6from Ch. 111, par. 7006
225 ILCS 115/7from Ch. 111, par. 7007
225 ILCS 115/14.1from Ch. 111, par. 7014.1
225 ILCS 115/25from Ch. 111, par. 7025
225 ILCS 115/25.1from Ch. 111, par. 7025.1
225 ILCS 115/25.2from Ch. 111, par. 7025.2
225 ILCS 115/25.4from Ch. 111, par. 7025.4
225 ILCS 115/25.6from Ch. 111, par. 7025.6
225 ILCS 115/25.7from Ch. 111, par. 7025.7
225 ILCS 115/25.8from Ch. 111, par. 7025.8
225 ILCS 115/25.9from Ch. 111, par. 7025.9
225 ILCS 115/25.10from Ch. 111, par. 7025.10
225 ILCS 115/25.13from Ch. 111, par. 7025.13
225 ILCS 115/25.17
225 ILCS 115/25.18

Deletes everything after the enacting clause and reinserts the bill as introduced, with the following changes: removes provisions amending the Regulatory Sunset Act; changes definition of "complementary, alternative, and integrative therapies"; defines "therapeutic"; removes all changes to an exemption for an owner of an animal or an agent of the owner acting with the owner's approval; in a provision granting immunity from liability to a licensed veterinarian for his or her supervision of certain out-of-state veterinarians, adds exception for willful or wanton conduct; removes exemption for any person who provides appropriate training for animals that does not include diagnosing or the prescribing or dispensing of any therapeutic agent. Effective immediately.

House Floor Amendment No. 1
Deletes reference to:
225 ILCS 115/1
225 ILCS 115/3
225 ILCS 115/4
225 ILCS 115/5
225 ILCS 115/5.5 new
225 ILCS 115/6
225 ILCS 115/7
225 ILCS 115/14.1
225 ILCS 115/25
225 ILCS 115/25.1
225 ILCS 115/25.2
225 ILCS 115/25.4
225 ILCS 115/25.6
225 ILCS 115/25.7
225 ILCS 115/25.8
225 ILCS 115/25.9
225 ILCS 115/25.10
225 ILCS 115/25.13
225 ILCS 115/25.17
225 ILCS 115/25.18
Adds reference to:
New Act
5 ILCS 80/4.30 new
225 ILCS 60/4from Ch. 111, par. 4400-4
225 ILCS 65/50-15was 225 ILCS 65/5-15

Deletes everything after the enacting clause. Creates the Home Birth Safety Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation. Creates the Illinois Midwifery Board. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Provides that a licensed midwife is prohibited from performing an abortion. Imposes conditions on any rulemaking authority. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2020. Amends the Medical Practice Act of 1987 and the Nurse Practice Act to make related changes.

House Floor Amendment No. 2
Deletes reference to:
5 ILCS 80/4.30
Adds reference to:
5 ILCS 80/4.31

Changes the date by which a person must be licensed as a midwife from 3 years after the effective date of this Act to July 1, 2012. Changes a quorum of Board members to 4 (rather than a majority) and provides that a quorum is required to perform all duties of the Board. Changes the date a person seeking licensure as a licensed midwife who does not meet the educational requirements but does pass the national certification exam shall be qualified for licensure from August 31, 2010 to September 30, 2012. Removes the rulemaking conditions provision. In the Regulatory Sunset Act, changes the repeal of the Home Birth Safety Act from January 1, 2020 rather than January 1, 2021. Makes other changes. Adds a July 1, 2011 effective date.

 State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 3712 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 3712 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Fiscal Note, House Floor Amendment No. 1 (Financial & Professional Regulation)
 SB (H-AM 1) has a total fiscal impact of $115,896.00 to the Illinois Department of Financial and Professional Regulation.

 Fiscal Note, House Floor Amendment No. 2 (Financial & Professional Regulation)
 SB (H-AM 2) has a total fiscal impact of $115,896.00 to the Illinois Department of Financial and Professional Regulation.

 Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note, House Floor Amendment No. 1 (Dept of Corrections)
 The Department of Corrections does not anticipate significant population or fiscal impact.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 The Department of Corrections does not anticipate significant population or fiscal impact.

 Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 3712 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 3712 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 3712 (H-AM 1) does pre-empt home rule authority.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 3712 (H-AM 2) does pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 3712 (H-AM 1) does not create a State mandate.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 3712 (H-AM 2) does not create a State mandate.

 Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget)
 The Department of Financial and Professional Regulation estimates the cost of administering this Act at $115,896. This would translate to a fee of approximately $5,700 that would need to be charged to the roughly 10-20 midwives in the State that this licensure would apply, in order for cost neutrality. Overall the fiscal impact to the State is minimal.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 The Department of Financial and Professional Regulation estimates the cost of administering this Act at $115,896. This would translate to a fee of approximately $5,700 that would need to be charged to the roughly 10-20 midwives in the State that this licensure would apply, in order for cost neutrality. Overall the fiscal impact to the State is minimal.

 Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this legislation, therefore, there are no appraisals to be filed.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this legislation, therefore, there are no appraisals to be filed.

Actions 
DateChamber Action
  2/11/2010SenateFiled with Secretary by Sen. Michael W. Frerichs
  2/11/2010SenateFirst Reading
  2/11/2010SenateReferred to Assignments
  2/24/2010SenateAssigned to Licensed Activities
  3/3/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
  3/3/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/3/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Licensed Activities
  3/4/2010SenateSenate Committee Amendment No. 1 Adopted
  3/8/2010SenateDo Pass as Amended Licensed Activities; 009-000-001
  3/8/2010SenatePlaced on Calendar Order of 2nd Reading March 9, 2010
  3/9/2010SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  3/10/2010SenateSecond Reading
  3/10/2010SenatePlaced on Calendar Order of 3rd Reading March 11, 2010
  3/11/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Michael W. Frerichs
  3/11/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/16/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities
  3/16/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-001
  3/17/2010SenateAdded as Co-Sponsor Sen. Dan Rutherford
  3/17/2010SenateRecalled to Second Reading
  3/17/2010SenateSenate Floor Amendment No. 2 Adopted; Frerichs
  3/17/2010SenatePlaced on Calendar Order of 3rd Reading
  3/17/2010SenateAdded as Chief Co-Sponsor Sen. Dan Cronin
  3/17/2010SenateThird Reading - Passed; 056-000-000
  3/18/2010HouseArrived in House
  3/23/2010HouseChief House Sponsor Rep. Dave Winters
  3/23/2010HousePlaced on Calendar Order of First Reading
  3/23/2010HouseFirst Reading
  3/23/2010HouseReferred to Rules Committee
  4/14/2010HouseAdded Alternate Chief Co-Sponsor Rep. Frank J. Mautino
  4/15/2010HouseAdded Alternate Co-Sponsor Rep. William B. Black
  4/15/2010HouseAlternate Chief Co-Sponsor Removed Rep. Frank J. Mautino
  4/15/2010HouseAdded Alternate Co-Sponsor Rep. Frank J. Mautino
  4/22/2010HouseCommittee Deadline Extended-Rule 9(b) April 30, 2010
  4/22/2010HouseAssigned to Health Care Licenses Committee
  4/28/2010HouseDo Pass / Short Debate Health Care Licenses Committee; 008-000-000
  4/28/2010HousePlaced on Calendar 2nd Reading - Short Debate
  4/29/2010HouseSecond Reading - Short Debate
  4/29/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/5/2010HouseAlternate Chief Sponsor Changed to Rep. Robyn Gabel
  5/5/2010HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Robyn Gabel
  5/5/2010HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/5/2010HouseAlternate Co-Sponsor Removed Rep. Frank J. Mautino
  5/5/2010HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/5/2010HouseAdded Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios
  5/5/2010HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/6/2010HouseHouse Floor Amendment No. 1 Rules Refers to Health & Healthcare Disparities Committee
  5/6/2010HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  5/6/2010HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. LaShawn K. Ford
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Susana A. Mendoza
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Deborah Mell
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Michael W. Tryon
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Robert F. Flider
  5/6/2010HouseAdded Alternate Co-Sponsor Rep. Shane Cultra
  5/6/2010HouseHouse Floor Amendment No. 1 Recommends Be Adopted Health & Healthcare Disparities Committee; 008-004-000
  5/7/2010HouseFinal Action Deadline Extended-9(b) May 28, 2010
  5/28/2010HouseFinal Action Deadline Extended-9(b) November 30, 2010
  9/3/2010HouseFiscal Note Requested by Rep. Robyn Gabel
  11/10/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Robyn Gabel
  11/10/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  11/15/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  11/16/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Robyn Gabel
  11/16/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  11/17/2010HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  11/17/2010HouseRecalled to Second Reading - Short Debate
  11/17/2010HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  11/17/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  11/17/2010HouseHeld on Calendar Order of Second Reading - Short Debate
  11/17/2010HouseHouse Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
  11/17/2010HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
  11/17/2010HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
  11/17/2010HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
  11/17/2010HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended
  11/17/2010HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  11/18/2010HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended
  11/18/2010HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  11/18/2010HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Patricia R. Bellock
  11/18/2010HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Patricia R. Bellock
  11/19/2010HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended
  11/19/2010HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  11/23/2010HouseHouse Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  11/23/2010HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  11/23/2010HouseHouse Floor Amendment No. 1 Correctional Note Filed as Amended
  11/23/2010HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 1 Home Rule Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 1 Balanced Budget Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  11/29/2010HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  11/29/2010HouseFiscal Note Requested - Withdrawn by Rep. Robyn Gabel
  11/30/2010HouseFinal Action Deadline Extended-9(b) January 11, 2011
  1/6/2011SenateChief Sponsor Changed to Sen. David Koehler
  1/6/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  1/6/2011HouseThird Reading - Short Debate - Lost 046-071-000