Illinois General Assembly - Full Text of HB0464
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Full Text of HB0464  93rd General Assembly

HB0464eng 93rd General Assembly


093_HB0464eng

 
HB0464 Engrossed                     LRB093 05289 AMC 05379 b

 1        AN ACT concerning professional regulation.

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

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

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  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003: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12        (b)  The following Acts are repealed January 1, 2004: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

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  Acts  repealed  on  January  1,  2014.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20    following Acts are repealed on January 1, 2014: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

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

27        (225 ILCS 37/16)
28        (Section scheduled to be repealed on January 1, 2007)
 
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 1        Sec.  16.  Exemptions.   This  Act  does  not prohibit or
 2    restrict any of the following:
 3        (1)  A person performing the functions and duties  of  an
 4    environmental   health   practitioner   under   the   general
 5    supervision  of  a licensed environmental health practitioner
 6    or licensed professional engineer if that person (i)  is  not
 7    responsible  for  the administration or supervision of one or
 8    more employees engaged in an  environmental  health  program,
 9    (ii)  establishes  a  method of verbal communication with the
10    licensed  environmental  health  practitioner   or   licensed
11    professional  engineer  to  whom  they  can  refer and report
12    questions, problems, and emergency situations encountered  in
13    environmental  health  practice,  and  (iii)  has  his or her
14    written reports reviewed monthly by a licensed  environmental
15    health practitioner or licensed professional engineer.
16        (2)  A  person licensed in this State under any other Act
17    from engaging  in  the  practice  for  which  he  or  she  is
18    licensed.
19        (3)  A   person  working  in  laboratories  licensed  by,
20    registered with, or operated by the State of Illinois.
21        (4)  A person employed by a  State-licensed  health  care
22    facility  who engages in the practice of environmental health
23    or whose  job  responsibilities  include  ensuring  that  the
24    environment  in  the health care facility is healthy and safe
25    for employees, patients, and visitors.
26        (5)  A person employed with the  Illinois  Department  of
27    Agriculture  who  engages  in meat and poultry inspections or
28    environmental  inspections  under  the   authority   of   the
29    Department of Agriculture.
30        (6)  A  person  holding  a degree of Doctor of Veterinary
31    Medicine  and  Surgery  and  licensed  under  the  Veterinary
32    Medicine and Surgery Practice Act of 2004.
33    (Source: P.A. 92-837, eff. 8-22-02.)
 
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 1        Section 15.  The Veterinary Medicine and Surgery Practice
 2    Act of 1994 is amended by changing Sections 2, 3,  4,  5,  8,
 3    8.1,  11,  12,  15,  24.1, and 25 and adding Section 25.19 as
 4    follows:

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

10        (225 ILCS 115/3) (from Ch. 111, par. 7003)
11        (Section scheduled to be repealed on January 1, 2004)
12        Sec. 3.   Definitions;  unlicensed  practice  prohibited.
13    (a)  The  following terms have the meanings indicated, unless
14    the context requires otherwise:
15        "Accredited  college  of  veterinary  medicine"  means  a
16    veterinary college, school, or division of  a  university  or
17    college  that  offers  the  degree  of  Doctor  of Veterinary
18    Medicine or its equivalent and  that  is  accredited  by  the
19    Council  on  Education  of  the  American  Veterinary Medical
20    Association.
21        "Animal" means any animal,  vertebrate  or  invertebrate,
22    other than a human.
23        "Board"  means  the Veterinary Licensing and Disciplinary
24    Board.
25        "Certified veterinary technician" means a person who  has
26    graduated  from a veterinary technology program accredited by
27    the  Committee  on  Veterinary   Technician   Education   and
28    Activities of the American Veterinary Medical Association who
29    has  filed  an application with the Department, paid the fee,
30    passed the examination as prescribed by rule, and works under
31    a supervising veterinarian.
32        "Client" means an entity, person, group,  or  corporation
 
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 1    that  has  entered  into an agreement with a veterinarian for
 2    the purposes of obtaining veterinary medical services.
 3        "Complementary, alternative, and  integrative  therapies"
 4    means  preventative,  diagnostic,  and  therapeutic practices
 5    that, at the time they are performed, may differ from current
 6    scientific knowledge or for which the theoretical  basis  and
 7    techniques  may  diverge  from  veterinary medicine routinely
 8    taught  in  approved  veterinary  medical   programs.    This
 9    includes  but  is  not  limited  to  veterinary  acupuncture,
10    acutherapy,  acupressure,  veterinary  homeopathy, veterinary
11    manual or  manipulative  therapy  (i.e.  therapies  based  on
12    techniques practiced in osteopathy, chiropractic medicine, or
13    physical  medicine  and  therapy),  veterinary  nutraceutical
14    therapy,  veterinary  phytotherapy,  or  other  therapies  as
15    defined by rule.
16        "Consultation"  means when a veterinarian receives advice
17    in person, telephonically, electronically, or  by  any  other
18    method  of communication from a veterinarian licensed in this
19    or any other state or other person whose  expertise,  in  the
20    opinion  of the veterinarian, would benefit a patient.  Under
21    any circumstance, the responsibility for the welfare  of  the
22    patient remains with the veterinarian receiving consultation.
23        "Department"   means   the   Department  of  Professional
24    Regulation.
25        "Direct supervision" means the  supervising  veterinarian
26    is on the premises where the animal is being treated.
27        "Director" means the Director of Professional Regulation.
28        "Impaired  veterinarian"  means  a  veterinarian  who  is
29    unable  to practice veterinary medicine with reasonable skill
30    and safety because of a  physical  or  mental  disability  as
31    evidenced by a written determination or written consent based
32    on  clinical  evidence,  including  deterioration through the
33    aging process, loss of motor skills, or  abuse  of  drugs  or
34    alcohol  of  sufficient degree to diminish a person's ability
 
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 1    to deliver competent patient care.
 2        "Indirect supervision" means the supervising veterinarian
 3    need not be on the premises, but has given either written  or
 4    oral  instructions  for  the  treatment  of the animal and is
 5    available by telephone or other form of communication.
 6        "Patient" means an animal that is examined or treated  by
 7    a veterinarian.
 8        "Person" means an individual, firm, partnership (general,
 9    limited,  or  limited liability), association, joint venture,
10    cooperative, corporation, limited liability company,  or  any
11    other  group or combination acting in concert, whether or not
12    acting as a principal, partner, member,  trustee,  fiduciary,
13    receiver,   or   any   other   kind   of  legal  or  personal
14    representative, or as the successor  in  interest,  assignee,
15    agent,  factor,  servant, employee, director, officer, or any
16    other representative of such person.
17        "Practice of veterinary medicine" means  the  performance
18    of one or more of the following:
19             (1)  Directly  or indirectly consulting, diagnosing,
20        prognosing,  correcting,  supervising,  or   recommending
21        treatment  of  an  animal  for  the  prevention, cure, or
22        relief of  a  wound,  fracture,  bodily  injury,  defect,
23        disease, or physical or mental condition by any method or
24        mode.
25             (2)  Prescribing,  dispensing,  or  administering  a
26        drug,   medicine,  biologic  appliance,  application,  or
27        treatment of whatever nature.
28             (3)  Performing upon an animal a surgical or  dental
29        operation or a complementary, alternative, or integrative
30        veterinary medical procedure.
31             (4)  Performing  upon an animal any manual procedure
32        for the diagnoses or treatment of  pregnancy,  sterility,
33        or infertility.
34             (5)  Determining   the  health  and  fitness  of  an
 
HB0464 Engrossed            -6-      LRB093 05289 AMC 05379 b
 1        animal.
 2             (6)  Representing oneself, directly  or  indirectly,
 3        as engaging in the practice of veterinary medicine.
 4             (7)  Using  any  word,  letters, or title under such
 5        circumstances as to induce the  belief  that  the  person
 6        using  them  is  qualified  to  engage in the practice of
 7        veterinary medicine or any of  its  branches.   Such  use
 8        shall  be  prima  facie  evidence  of  the  intention  to
 9        represent   oneself   as  engaging  in  the  practice  of
10        veterinary medicine.
11        "Supervising  veterinarian"  means  a  veterinarian   who
12    assumes  responsibility for the professional care given to an
13    animal by a person working under his or her  direction.   The
14    supervising  veterinarian  must  have  examined the animal at
15    such time as acceptable veterinary medical practices requires
16    consistent with the particular delegated animal  health  care
17    task.
18        "Veterinarian-client-patient relationship" means:
19             (1)  The veterinarian has assumed the responsibility
20        for  making clinical judgments regarding the health of an
21        animal and the need for medical treatment and the client,
22        owner, or  other  caretaker  has  agreed  to  follow  the
23        instructions of the veterinarian;
24             (2)  There  is  sufficient knowledge of an animal by
25        the veterinarian  to  initiate  at  least  a  general  or
26        preliminary  diagnosis  of  the  medical condition of the
27        animal.  This means that the  veterinarian  has  recently
28        seen  and  is  personally acquainted with the keeping and
29        care of the animal by virtue of  an  examination  of  the
30        animal  or  by medically appropriate and timely visits to
31        the premises where the animal is kept; and
32             (3)  The   practicing   veterinarian   is    readily
33        available  for  follow-up in case of adverse reactions or
34        failure of the regimen of therapy.
 
HB0464 Engrossed            -7-      LRB093 05289 AMC 05379 b
 1        "Veterinary technology" means the performance of services
 2    within the field of veterinary medicine by a person who,  for
 3    compensation  or  personal  profit, is employed by a licensed
 4    veterinarian to perform duties that require an  understanding
 5    of  veterinary  medicine necessary to carry out the orders of
 6    the veterinarian.  Those services, however, shall not include
 7    diagnosing, prognosing, writing prescriptions, or surgery.
 8        (A)  "Department" means the  Department  of  Professional
 9    Regulation.
10        (B)  "Board"   means   the   Veterinary   Licensing   and
11    Disciplinary Board.
12        (C)  "Director"  means  the Director of the Department of
13    Professional Regulation.
14        (D)  "Veterinarian" means a person holding the degree  of
15    Doctor  of Veterinary Medicine and Surgery and licensed under
16    this Act.
17        (E)  The practice  of  veterinary  medicine  and  surgery
18    occurs when a person:
19             (1)  Directly  or  indirectly  diagnoses, prognoses,
20        treats, administers  to,  prescribes  for,  operates  on,
21        manipulates or applies any apparatus or appliance for any
22        disease,   pain,  deformity,  defect,  injury,  wound  or
23        physical or mental condition of any animal or bird or for
24        the prevention of, or to test for  the  presence  of  any
25        disease   of   any  animal  or  bird.   The  practice  of
26        veterinary medicine  and  surgery  includes  veterinarian
27        dentistry.
28             (2)  Represents himself or herself as engaged in the
29        practice of veterinary medicine and surgery as defined in
30        paragraph  (1)  of  this  subsection,  or uses any words,
31        letters or titles  in  such  connection  and  under  such
32        circumstances  as  to  induce  the belief that the person
33        using them is  engaged  in  the  practice  of  veterinary
34        medicine and surgery in any of its branches, or that such
 
HB0464 Engrossed            -8-      LRB093 05289 AMC 05379 b
 1        person is a Doctor of Veterinary Medicine.
 2        (F)  "Animal"  means  any  bird, fish, reptile, or mammal
 3    other than man.
 4        (G)  "Veterinarian client - patient relationship" means:
 5             (1)  The veterinarian has assumed the responsibility
 6        for making medical judgments regarding the health  of  an
 7        animal and the need for medical treatment and the client,
 8        owner,  or  other  caretaker  has  agreed  to  follow the
 9        instructions of the veterinarian.
10             (2)  There is sufficient knowledge of an  animal  by
11        the  veterinarian  to  initiate  at  least  a  general or
12        preliminary diagnosis of the  medical  condition  of  the
13        animal.   This  means  that the veterinarian has recently
14        seen and is personally acquainted with  the  keeping  and
15        care  of  the  animal  by virtue of an examination of the
16        animal or by medically appropriate and timely  visits  to
17        the premises where the animal is kept.
18             (3)  The    practicing   veterinarian   is   readily
19        available for follow-up in case of adverse  reactions  or
20        failure of the regimen of therapy.
21        (b)  Subject  to the exemptions in Section 4 of this Act,
22    no person shall practice veterinary medicine and  surgery  in
23    any of its branches without a valid license to do so.
24    (Source: P.A. 90-655, eff. 7-30-98.)

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

29        (225 ILCS 115/5) (from Ch. 111, par. 7005)
30        (Section scheduled to be repealed on January 1, 2004)
31        Sec. 5.  No person shall practice veterinary medicine and
32    surgery  in any of its branches without a valid license to do
33    so.  Any person not licensed under this Act who performs  any
 
HB0464 Engrossed            -12-     LRB093 05289 AMC 05379 b
 1    of  the  functions  described  as  the practice of veterinary
 2    medicine or surgery as defined in this Act, who announces  to
 3    the  public  in  any  way an intention to practice veterinary
 4    medicine and surgery, who uses the title Doctor of Veterinary
 5    Medicine or the initials D.V.M. or V.M.D., or  who  opens  an
 6    office,  hospital,  or clinic for such purposes is considered
 7    to have violated this Act and  may  be  subject  to  all  the
 8    penalties provided for such violations.
 9        It  shall  be unlawful for any person who is not licensed
10    in this State to provide veterinary medical services from any
11    state  to  a  client  or  patient  in  this   State   through
12    telephonic,  electronic,  or  other  means,  except  where  a
13    bonafide veterinarian-client-patient relationship exists.
14        Nothing in this Act shall be construed to prevent members
15    of other professions from performing functions for which they
16    are  duly  licensed.   Other  professionals may not, however,
17    hold themselves out or refer to themselves by  any  title  or
18    descriptions stating or implying that they are engaged in the
19    practice  of veterinary medicine or that they are licensed to
20    engage in the practice of veterinary medicine.
21    (Source: P.A. 83-1016.)

22        (225 ILCS 115/8) (from Ch. 111, par. 7008)
23        (Section scheduled to be repealed on January 1, 2004)
24        Sec. 8. Qualifications. A person is qualified to  receive
25    a  license  if he or she: (1) is of good moral character; (2)
26    has  graduated  from  an  accredited  college  or  school  of
27    veterinary  medicine  has  received  at  least  2  years   of
28    preveterinary  collegiate  training; (3) has graduated from a
29    veterinary school that requires for graduation a  4-year,  or
30    equivalent,   course   in  veterinary  medicine  and  surgery
31    approved  by  the  Department;  and  (3)(4)  has  passed  the
32    examination authorized by the Department to determine fitness
33    to hold a license.
 
HB0464 Engrossed            -13-     LRB093 05289 AMC 05379 b
 1        Applicants for licensure from  non-accredited  veterinary
 2    schools  are  required  to successfully complete a program of
 3    educational  equivalency  as  established  by  rule.   At   a
 4    minimum, this program shall include all of the following:
 5             (1)  A  certified  transcript  indicating graduation
 6        from such college.
 7             (2)  Successful  completion   of   a   communication
 8        ability  examination  designed  to  assess  communication
 9        skills, including a command of the English language.
10             (3)  Successful  completion  of  an  examination  or
11        assessment  mechanism  designed  to  evaluate educational
12        equivalence,  including  both  preclinical  and  clinical
13        competencies.
14             (4)  Any  other  reasonable   assessment   mechanism
15        designed to ensure an applicant possesses the educational
16        background  necessary  to  protect  the public health and
17        safety.
18        Successful completion of the criteria set forth  in  this
19    Section  shall  establish education equivalence as one of the
20    criteria for licensure set forth  in  this  Act.   Applicants
21    under  this  Section  must  also  meet  all  other  statutory
22    criteria  for  licensure  prior  to  the issuance of any such
23    license, including graduation from veterinary school.
24        With  respect  to  graduates  of  unapproved   veterinary
25    programs,  the  Department  shall  determine if such programs
26    meet standards equivalent to those set forth in clauses  (2),
27    (3), and (4) of Section 9 of this Act.
28        Graduates of non-approved veterinary schools are required
29    to pass a proficiency examination specified by the Department
30    or to provide one year of evaluated clinical experience as an
31    employee  of  a  licensed veterinarian.  Prior to hiring such
32    person, the licensed veterinarian shall notify the Board,  in
33    writing,  and shall employ such persons only upon the written
34    approval of the Board.  Such approval shall be for  one  year
 
HB0464 Engrossed            -14-     LRB093 05289 AMC 05379 b
 1    only  and  is  not  renewable.  Such clinical employees shall
 2    treat animals  only  under  the  direct  supervision  of  the
 3    licensed veterinarian.
 4        In  determining  moral  character under this Section, the
 5    Department may take into consideration any felony  conviction
 6    of  the applicant, but such a conviction shall not operate as
 7    a bar to  obtaining  a  license.   The  Department  may  also
 8    request  the applicant to submit and may consider as evidence
 9    of moral character, endorsements from 2 individuals  licensed
10    under this Act.
11    (Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)

12        (225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
13        (Section scheduled to be repealed on January 1, 2004)
14        Sec.  8.1.   Certified  veterinary technician. "Certified
15    veterinary technician" means a person who has graduated  from
16    a  veterinary  technology  program accredited by the American
17    Veterinary Medical Association who has filed  an  application
18    with the Department, paid the fee, and passed the examination
19    as  prescribed  by rule.  Veterinary technology is defined as
20    the performance of services within the  field  of  veterinary
21    medicine by a person who for compensation or personal profit,
22    is employed by a licensed veterinarian to perform duties that
23    require  an  understanding of veterinary medicine as required
24    in carrying out the orders  of  the  veterinarian.   However,
25    those  services  shall  not  include  diagnosing, prognosing,
26    writing  prescriptions,  or  surgery.   A  person  who  is  a
27    certified as a veterinary technician who performs  veterinary
28    technology  contrary  to  this  Act  is  guilty  of a Class A
29    misdemeanor and shall be subject to the revocation of his  or
30    her  certificate.   However, these penalties and restrictions
31    shall not apply to  a  student  while  performing  activities
32    required as a part of his or her training.
33        The  Department  and  the  Board  are  authorized to hold
 
HB0464 Engrossed            -15-     LRB093 05289 AMC 05379 b
 1    hearings, reprimand, suspend, revoke, or refuse to  issue  or
 2    renew a certificate and to perform any other acts that may be
 3    necessary  to  regulate certified veterinary technicians in a
 4    manner consistent with the provisions of the  Act  applicable
 5    to veterinarians.
 6        The  title  "Certified  veterinary  technician"  and  the
 7    initials  "CVT"  may only be used by persons certified by the
 8    Department.  A person  who  uses  these  titles  without  the
 9    certification  as  provided  in  this  Section is guilty of a
10    Class A misdemeanor.
11        Certified veterinary technicians  shall  be  required  to
12    complete  continuing education as prescribed by rule to renew
13    their certification.
14    (Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)

15        (225 ILCS 115/11) (from Ch. 111, par. 7011)
16        (Section scheduled to be repealed on January 1, 2004)
17        Sec. 11.  Temporary permits. A person holding the  degree
18    of  Doctor of Veterinary Medicine, or its equivalent, from an
19    accredited college of veterinary medicine approved veterinary
20    program, and who has applied in writing to the Department for
21    a license to practice veterinary medicine and surgery in  any
22    of  its  branches,  and who has fulfilled the requirements of
23    Section 8 of this Act,  with  the  exception  of  receipt  of
24    notification  of his or her examination results, may receive,
25    at the discretion of the Department, a  temporary  permit  to
26    practice   under   the  direct  supervision  of  a  specified
27    veterinarian who is licensed in this State,  until:  (1)  the
28    applicant has been notified of the results of the examination
29    authorized  by  the  Department;  or  (2)  the  applicant has
30    withdrawn his or her application.
31        A temporary permit may be issued by the Department  to  a
32    person  who  is  a  veterinarian  licensed  under the laws of
33    another state, a territory of the United States, or a foreign
 
HB0464 Engrossed            -16-     LRB093 05289 AMC 05379 b
 1    country, upon application in writing to the Department for  a
 2    license under this Act if he or she is qualified to receive a
 3    license  and  until: (1) the expiration of 6 months after the
 4    filing of the written application, (2) the withdrawal of  the
 5    application  or  (3)  the  denial  of  the application by the
 6    Department.
 7        A temporary permit issued under this Section shall not be
 8    extended or renewed.  The holder of a temporary permit  shall
 9    perform  only  those  acts  that  may  be  prescribed  by and
10    incidental to his or her employment and  that  act  shall  be
11    performed  under  the  direction  of  a supervising specified
12    licensed veterinarian who is licensed  in  this  State.   The
13    holder  of  the  temporary permit He shall not be entitled to
14    otherwise engage in the practice of veterinary medicine until
15    fully licensed in this State.
16        Upon the revocation of a temporary permit, the Department
17    shall immediately notify, by certified mail, the  supervising
18    specified  veterinarian  employing  the holder of a temporary
19    permit and the holder of  the  permit.   A  temporary  permit
20    shall be revoked by the Department upon proof that the holder
21    of  the  permit  has  engaged  in  the practice of veterinary
22    medicine in this State outside his or her employment under  a
23    licensed veterinarian.
24    (Source: P.A. 90-655, eff. 7-30-98.)

25        (225 ILCS 115/12) (from Ch. 111, par. 7012)
26        (Section scheduled to be repealed on January 1, 2004)
27        Sec.  12.  Inactive status. Any veterinarian or certified
28    veterinary technician who notifies the Department in  writing
29    on  the  prescribed  form  may  place  his  or her license or
30    certification on an inactive status  and  shall,  subject  to
31    rule,   be  exempt  from  payment  of  the  renewal  fee  and
32    compliance with the continuing education  requirements  until
33    he  or  she  notifies the Department in writing of his or her
 
HB0464 Engrossed            -17-     LRB093 05289 AMC 05379 b
 1    intention to resume active status.
 2        Any  veterinarian  or  certified  veterinary   technician
 3    requesting restoration from inactive status shall be required
 4    to  complete  the  continuing  education  requirements  for a
 5    single license or certificate  renewal  period,  pursuant  to
 6    rule,  and  pay the current renewal fee to restore his or her
 7    license or certification as provided in this Act.
 8        Any veterinarian whose  license  is  in  inactive  status
 9    shall  not  practice  veterinary medicine and surgery in this
10    State.
11    (Source: P.A. 88-424.)

12        (225 ILCS 115/15) (from Ch. 111, par. 7015)
13        (Section scheduled to be repealed on January 1, 2004)
14        Sec.  15.   Expiration  and  renewal  of   license.   The
15    expiration  date  and  renewal  period  for  each  license or
16    certificate  shall  be  set  by  rule.   A  veterinarian   or
17    certified  veterinary technician whose license or certificate
18    has expired may reinstate his or her license  or  certificate
19    at  any  time within 5 years after the expiration thereof, by
20    making a renewal application and by paying the  required  fee
21    and  submitting  proof  of the required continuing education.
22    However, any veterinarian or certified veterinary  technician
23    whose  license or certificate expired while he or she was (1)
24    on active duty with the Armed Forces of the United States  or
25    called  into  service or training by the State militia or (2)
26    in training or education under the supervision of the  United
27    States  preliminary  to  induction into the military service,
28    may have his license or certificate renewed,  reinstated,  or
29    restored  without  paying any lapsed renewal fees if within 2
30    years  after  termination  of  the  service,   training,   or
31    education  the  veterinarian  furnishes  the  Department with
32    satisfactory evidence of service, training, or education  and
33    it has been terminated under honorable conditions.
 
HB0464 Engrossed            -18-     LRB093 05289 AMC 05379 b
 1        Any veterinarian or certified veterinary technician whose
 2    license  or certificate has expired for more than 5 years may
 3    have it restored by making application to the Department  and
 4    filing  acceptable  proof  of  fitness to have the license or
 5    certificate restored. The proof may  include  sworn  evidence
 6    certifying  active  practice  in  another  jurisdiction.  The
 7    veterinarian or certified veterinary  technician  shall  also
 8    pay  the  required  restoration  fee  and submit proof of the
 9    required  continuing  education.   If  the  veterinarian   or
10    certified veterinary technician has not practiced for 5 years
11    or  more,  the Board shall determine by an evaluation program
12    established by rule, whether the individual is fit to  resume
13    active  status and may require the veterinarian to complete a
14    period of  evaluated  clinical  experience  and  may  require
15    successful completion of a clinical examination.
16    (Source: P.A. 92-84, eff. 7-1-02.)

17        (225 ILCS 115/24.1)
18        (Section scheduled to be repealed on January 1, 2004)
19        Sec.     24.1.  Impaired     veterinarians.     "Impaired
20    veterinarian" means a veterinarian who is unable to  practice
21    veterinary  medicine with reasonable skill and safety because
22    of a physical or mental disability as evidenced by a  written
23    determination  or written consent based on clinical evidence,
24    including deterioration through the aging  process,  loss  of
25    motor  skills,  or  abuse  of  drugs or alcohol of sufficient
26    degree to diminish a person's ability  to  deliver  competent
27    patient  care.  The  Department  shall  establish  by  rule a
28    program of care, counseling, or treatment  for  the  impaired
29    veterinarians veterinarian.
30        "Program  of  care,  counseling,  or  treatment"  means a
31    written schedule of organized  treatment,  care,  counseling,
32    activities,  or education satisfactory to the Board, designed
33    for  the  purpose  of  restoring  an  impaired  person  to  a
 
HB0464 Engrossed            -19-     LRB093 05289 AMC 05379 b
 1    condition whereby the impaired person can practice veterinary
 2    medicine with reasonable skill and  safety  of  a  sufficient
 3    degree to deliver competent patient care.
 4    (Source: P.A. 88-424.)

 5        (225 ILCS 115/25) (from Ch. 111, par. 7025)
 6        (Section scheduled to be repealed on January 1, 2004)
 7        Sec. 25.  Disciplinary actions.
 8        1.  The  Department  may refuse to issue or renew, or may
 9    revoke, suspend, place on probation, reprimand, or take other
10    disciplinary action as the Department may  deem  appropriate,
11    including fines not to exceed $1,000 for each violation, with
12    regard   to  any  license  or  certificate  for  any  one  or
13    combination of the following:
14             A.  Material misstatement in furnishing  information
15        to the Department.
16             B.  Violations   of   this  Act,  or  of  the  rules
17        promulgated under this Act.
18             C.  Conviction of any crime under the  laws  of  the
19        United  States  or  any  state or territory of the United
20        States that is a felony or  that  is  a  misdemeanor,  an
21        essential   element  of  which  is  dishonesty, or of any
22        crime that is directly related to  the  practice  of  the
23        profession.
24             D.  Making  any misrepresentation for the purpose of
25        obtaining licensure or certification,  or  violating  any
26        provision of this Act or the rules promulgated under this
27        Act pertaining to advertising.
28             E.  Professional incompetence.
29             F.  Gross malpractice.
30             G.  Aiding  or assisting another person in violating
31        any provision of this Act or rules.
32             H.  Failing, within 60 days, to provide  information
33        in response to a written request made by the Department.
 
HB0464 Engrossed            -20-     LRB093 05289 AMC 05379 b
 1             I.  Engaging    in   dishonorable,   unethical,   or
 2        unprofessional conduct of a character likely to  deceive,
 3        defraud or harm the public.
 4             J.  Habitual   or  excessive  use  or  addiction  to
 5        alcohol, narcotics, stimulants,  or  any  other  chemical
 6        agent  or  drug that results in the inability to practice
 7        with reasonable judgment, skill, or safety.
 8             K.  Discipline  by  another   state,   District   of
 9        Columbia,  territory,  or foreign nation, if at least one
10        of  the  grounds  for  the  discipline  is  the  same  or
11        substantially equivalent to those set forth herein.
12             L.  Directly or indirectly giving  to  or  receiving
13        from   any  person,  firm,  corporation,  partnership  or
14        association any fee, commission, rebate or other form  of
15        compensation  for  professional  services not actually or
16        personally rendered.
17             M.  A finding by the  Board  that  the  licensee  or
18        certificate   holder,   after   having   his  license  or
19        certificate placed on probationary status,  has  violated
20        the terms of probation.
21             N.  Willfully  making  or  filing  false  records or
22        reports in his practice, including  but  not  limited  to
23        false records filed with State agencies or departments.
24             O.  Physical  illness, including but not limited to,
25        deterioration through the aging process, or loss of motor
26        skill which results in  the  inability  to  practice  the
27        profession with reasonable judgement, skill or safety.
28             P.  Solicitation of professional services other than
29        permitted advertising.
30             Q.  Having  professional  connection with or lending
31        one's  name,  directly  or  indirectly,  to  any  illegal
32        practitioner of veterinary medicine and surgery  and  the
33        various branches thereof.
34             R.  Conviction  of or cash compromise of a charge or
 
HB0464 Engrossed            -21-     LRB093 05289 AMC 05379 b
 1        violation of the Harrison Act or the Illinois  Controlled
 2        Substances Act, regulating narcotics.
 3             S.  Fraud  or  dishonesty  in applying, treating, or
 4        reporting on tuberculin or other biological tests.
 5             T.  Failing to report, as required by law, or making
 6        false report of any contagious or infectious diseases.
 7             U.  Fraudulent  use  or   misuse   of   any   health
 8        certificate,   shipping   certificate,  brand  inspection
 9        certificate, or other blank forms used in  practice  that
10        might  lead  to  the  dissemination  of  disease  or  the
11        transportation  of  diseased  animals  dead  or alive; or
12        dilatory methods, willful neglect,  or  misrepresentation
13        in  the  inspection  of  milk,  meat,  poultry,  and  the
14        by-products thereof.
15             V.  Conviction on a charge of cruelty to animals.
16             W.  Failure to keep one's premises and all equipment
17        therein in a clean and sanitary condition.
18             X.  Failure  to provide satisfactory proof of having
19        participated in approved continuing education programs.
20             Y.  Failure to (i) file a return, (ii) pay the  tax,
21        penalty,  or  interest  shown in a filed return, or (iii)
22        pay any final assessment of tax, penalty, or interest, as
23        required by any tax  Act  administered  by  the  Illinois
24        Department of Revenue, until the requirements of that tax
25        Act are satisfied.
26             Z.  Conviction    by    any   court   of   competent
27        jurisdiction, either within or outside this State, of any
28        violation of any law governing the practice of veterinary
29        medicine,   if   the   Department    determines,    after
30        investigation,  that the person has not been sufficiently
31        rehabilitated to warrant the public trust.
32             AA.  Promotion  of  the  sale  of  drugs,   devices,
33        appliances, or goods provided for a patient in any manner
34        to   exploit   the  client  for  financial  gain  of  the
 
HB0464 Engrossed            -22-     LRB093 05289 AMC 05379 b
 1        veterinarian.
 2             BB.  Gross, willful, or continued  overcharging  for
 3        professional  services, including filing false statements
 4        for  collection  of  fees  for  which  services  are  not
 5        rendered.
 6             CC.  Practicing under a false or, except as provided
 7        by law, an assumed name.
 8             DD.  Fraud or misrepresentation in applying for,  or
 9        procuring, a license under this Act or in connection with
10        applying for renewal of a license under this Act.
11             EE.  Cheating   on  or  attempting  to  subvert  the
12        licensing examination administered under this Act.
13             FF.  Using, prescribing, or selling  a  prescription
14        drug or the extra-label use of a prescription drug by any
15        means      in      the     absence     of     a     valid
16        veterinarian-client-patient relationship.
17             GG.  Failing  to  report   a   case   of   suspected
18        aggravated  cruelty, torture, or animal fighting pursuant
19        to Section 3.07 or 4.01 of the Humane  Care  for  Animals
20        Act or Section 26-5 of the Criminal Code of 1961.
21        2.  The  determination by a circuit court that a licensee
22    or certificate holder is subject to involuntary admission  or
23    judicial  admission  as  provided  in  the  Mental Health and
24    Developmental Disabilities  Code  operates  as  an  automatic
25    suspension.   The suspension will end only upon a  finding by
26    a court that the patient is no longer subject to  involuntary
27    admission  or  judicial  admission  and  issues  an  order so
28    finding  and  discharging   the   patient;   and   upon   the
29    recommendation of the Board to the Director that the licensee
30    or certificate holder be allowed to resume his practice.
31        3.  All   proceedings   to   suspend,  revoke,  place  on
32    probationary status, or take any other disciplinary action as
33    the Department may deem proper, with regard to a  license  or
34    certificate   on  any  of  the  foregoing  grounds,  must  be
 
HB0464 Engrossed            -23-     LRB093 05289 AMC 05379 b
 1    commenced within 3 years after receipt by the Department of a
 2    complaint  alleging  the  commission  of  or  notice  of  the
 3    conviction order for  any  of  the  acts  described  in  this
 4    Section.   Except  for  proceedings brought for violations of
 5    items (CC), (DD), or (EE), no action shall be commenced  more
 6    than 5 years after the date of the incident or act alleged to
 7    have  violated  this Section.  In the event of the settlement
 8    of any claim or cause of action in favor of the  claimant  or
 9    the  reduction to final judgment of any civil action in favor
10    of the plaintiff, the claim, cause of action, or civil action
11    being grounded on the allegation that a  person  licensed  or
12    certified under this Act was negligent in providing care, the
13    Department  shall  have an additional period of one year from
14    the date of the settlement or  final  judgment  in  which  to
15    investigate  and  begin formal disciplinary proceedings under
16    Section 25.2 of this Act, except  as  otherwise  provided  by
17    law.   The  time  during  which  the holder of the license or
18    certificate was outside the State of Illinois  shall  not  be
19    included  within any period of time limiting the commencement
20    of disciplinary action by the Department.
21    (Source: P.A. 88-424.)

22        (225 ILCS 115/25.19 new)
23        (Section scheduled to be repealed on January 1, 2004)
24        Sec. 25.19.  Mandatory reporting.  Nothing  in  this  Act
25    exempts  a licensee from the mandatory reporting requirements
26    regarding suspected acts of aggravated cruelty, torture,  and
27    animal  fighting  imposed under Sections 3.07 and 4.01 of the
28    Humane Care for Animals Act and Section 26-5 of the  Criminal
29    Code of 1961.

30        (225 ILCS 115/9 rep.)
31        Section 18.  The Veterinary Medicine and Surgery Practice
32    Act of 1994 is amended by repealing Section 9.
 
HB0464 Engrossed            -24-     LRB093 05289 AMC 05379 b
 1        Section  20.   The  Animal  Welfare  Act  is  amended  by
 2    changing Section 2 as follows:

 3        (225 ILCS 605/2) (from Ch. 8, par. 302)
 4        Sec.  2.  Definitions.  As  used  in  this Act unless the
 5    context otherwise requires:
 6        "Department"   means   the   Illinois    Department    of
 7    Agriculture.
 8        "Director"  means the Director of the Illinois Department
 9    of Agriculture.
10        "Pet shop operator" means any person who sells, offers to
11    sell, exchange, or offers for adoption with or without charge
12    or donation dogs,  cats,  birds,  fish,  reptiles,  or  other
13    animals customarily obtained as pets in this State.  However,
14    a person who sells only such animals that he has produced and
15    raised shall not be considered a pet shop operator under this
16    Act,  and  a  veterinary  hospital  or  clinic  operated by a
17    veterinarian or veterinarians licensed under  the  Veterinary
18    Medicine  and  Surgery Practice Act of 2004 1994 shall not be
19    considered a pet shop operator under this Act.
20        "Dog dealer" means any person who sells, offers to  sell,
21    exchange,  or  offers  for adoption with or without charge or
22    donation dogs in this State. However, a person who sells only
23    dogs that he has produced and raised shall not be  considered
24    a  dog  dealer  under  this Act, and a veterinary hospital or
25    clinic operated by a veterinarian or  veterinarians  licensed
26    under  the  Veterinary  Medicine  and Surgery Practice Act of
27    2004 1994 shall not be considered a  dog  dealer  under  this
28    Act.
29        "Secretary  of  Agriculture"  or  "Secretary"  means  the
30    Secretary  of  Agriculture of the United States Department of
31    Agriculture.
32        "Person"   means   any   person,    firm,    corporation,
33    partnership, association or other legal entity, any public or
 
HB0464 Engrossed            -25-     LRB093 05289 AMC 05379 b
 1    private  institution, the State of Illinois, or any municipal
 2    corporation or political subdivision of the State.
 3        "Kennel  operator"  means  any  person  who  operates  an
 4    establishment,  other  than  an  animal   control   facility,
 5    veterinary  hospital,  or  animal shelter, where dogs or dogs
 6    and cats are maintained for  boarding,  training  or  similar
 7    purposes  for  a fee or compensation; or who sells, offers to
 8    sell, exchange, or offers for adoption with or without charge
 9    dogs or dogs and cats which he has produced  and  raised.   A
10    person  who  owns,  has  possession  of, or harbors 5 or less
11    females capable of reproduction shall  not  be  considered  a
12    kennel operator.
13        "Cattery  operator"  means  any  person  who  operates an
14    establishment, other  than  an  animal  control  facility  or
15    animal  shelter,  where  cats  are  maintained  for boarding,
16    training or similar purposes for a fee  or  compensation;  or
17    who  sells,  offers to sell, exchange, or offers for adoption
18    with or without  charges  cats  which  he  has  produced  and
19    raised.   A  person who owns, has possession of, or harbors 5
20    or  less  females  capable  of  reproduction  shall  not   be
21    considered a cattery operator.
22        "Animal  control facility" means any facility operated by
23    or under contract for the State,  county,  or  any  municipal
24    corporation  or  political  subdivision  of the State for the
25    purpose of impounding or harboring seized,  stray,  homeless,
26    abandoned or unwanted dogs, cats, and other animals.  "Animal
27    control  facility"  also  means  any  veterinary  hospital or
28    clinic operated by a veterinarian or  veterinarians  licensed
29    under  the  Veterinary  Medicine  and Surgery Practice Act of
30    2004 1994 which operates for the above mentioned  purpose  in
31    addition to its customary purposes.
32        "Animal  shelter"  means  a  facility operated, owned, or
33    maintained by a  duly  incorporated  humane  society,  animal
34    welfare  society,  or  other  non-profit organization for the
 
HB0464 Engrossed            -26-     LRB093 05289 AMC 05379 b
 1    purpose  of  providing  for  and   promoting   the   welfare,
 2    protection,   and   humane  treatment  of  animals.   "Animal
 3    shelter"  also  means  any  veterinary  hospital  or   clinic
 4    operated  by  a  veterinarian or veterinarians licensed under
 5    the Veterinary Medicine and Surgery Practice Act of 2004 1994
 6    which operates for the above mentioned purpose in addition to
 7    its customary purposes.
 8        "Foster  home"  means  an   entity   that   accepts   the
 9    responsibility  for  stewardship  of  animals  that  are  the
10    obligation  of  an animal shelter, not to exceed 4 animals at
11    any given time.  Permits to operate as a "foster home"  shall
12    be issued through the animal shelter.
13        "Guard  dog  service"  means  an  entity that, for a fee,
14    furnishes or leases guard or sentry dogs for  the  protection
15    of  life  or  property.   A person is not a guard dog service
16    solely because he or she owns a dog and uses it to guard  his
17    or her home, business, or farmland.
18        "Guard  dog"  means  a type of dog used primarily for the
19    purpose of defending, patrolling, or protecting  property  or
20    life at a commercial establishment other than a farm.  "Guard
21    dog"  does not include stock dogs used primarily for handling
22    and controlling  livestock  or  farm  animals,  nor  does  it
23    include personally owned pets that also provide security.
24        "Sentry   dog"  means  a  dog  trained  to  work  without
25    supervision in a fenced facility other than a  farm,  and  to
26    deter   or  detain  unauthorized  persons  found  within  the
27    facility.
28    (Source: P.A. 89-178, eff.  7-19-95;  90-385,  eff.  8-15-97;
29    90-403, eff. 8-15-97.)

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

32        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 
HB0464 Engrossed            -27-     LRB093 05289 AMC 05379 b
 1        Sec. 2. Definitions.  As used in  this  Act,  unless  the
 2    context requires otherwise:
 3        (a)  "Abuse" means causing any physical, mental or sexual
 4    injury  to  an eligible adult, including exploitation of such
 5    adult's financial resources.
 6        Nothing in this Act shall be construed to  mean  that  an
 7    eligible  adult  is a victim of abuse or neglect for the sole
 8    reason that he or she is being furnished with or relies  upon
 9    treatment   by  spiritual  means  through  prayer  alone,  in
10    accordance with the tenets  and  practices  of  a  recognized
11    church or religious denomination.
12        Nothing  in  this  Act shall be construed to mean that an
13    eligible adult is a victim of abuse because  of  health  care
14    services  provided  or  not  provided by licensed health care
15    professionals.
16        (a-5)  "Abuser" means a person who abuses,  neglects,  or
17    financially exploits an eligible adult.
18        (a-7)  "Caregiver"  means a person who either as a result
19    of a family relationship, voluntarily,  or  in  exchange  for
20    compensation  has assumed responsibility for all or a portion
21    of the care of an eligible adult who  needs  assistance  with
22    activities of daily living.
23        (b)  "Department"  means  the  Department on Aging of the
24    State of Illinois.
25        (c)  "Director" means the Director of the Department.
26        (d)  "Domestic living situation" means a residence  where
27    the eligible adult lives alone or with his or her family or a
28    caregiver,  or  others,  or  a  board  and care home or other
29    community-based unlicensed facility, but is not:
30             (1)  A licensed facility as defined in Section 1-113
31        of the Nursing Home Care Act;
32             (2)  A "life care facility" as defined in  the  Life
33        Care Facilities Act;
34             (3)  A home, institution, or other place operated by
 
HB0464 Engrossed            -28-     LRB093 05289 AMC 05379 b
 1        the  federal government or agency thereof or by the State
 2        of Illinois;
 3             (4)  A hospital, sanitarium, or  other  institution,
 4        the  principal  activity  or  business  of  which  is the
 5        diagnosis, care, and treatment of human  illness  through
 6        the  maintenance  and  operation  of organized facilities
 7        therefor, which is required  to  be  licensed  under  the
 8        Hospital Licensing Act;
 9             (5)  A "community living facility" as defined in the
10        Community Living Facilities Licensing Act;
11             (6)  A   "community   residential   alternative"  as
12        defined  in  the   Community   Residential   Alternatives
13        Licensing Act; and
14             (7)  A  "community-integrated living arrangement" as
15        defined in the Community-Integrated  Living  Arrangements
16        Licensure and Certification Act.
17        (e)  "Eligible  adult"  means a person 60 years of age or
18    older who resides in a domestic living situation and  is,  or
19    is alleged to be, abused, neglected, or financially exploited
20    by another individual.
21        (f)  "Emergency"  means  a situation in which an eligible
22    adult is living in conditions presenting a risk of  death  or
23    physical, mental or sexual injury and the provider agency has
24    reason  to believe the eligible adult is unable to consent to
25    services which would alleviate that risk.
26        (f-5)  "Mandated reporter" means  any  of  the  following
27    persons  while  engaged  in  carrying  out their professional
28    duties:
29             (1)  a professional or professional's delegate while
30        engaged in: (i) social services,  (ii)  law  enforcement,
31        (iii)  education,  (iv)  the care of an eligible adult or
32        eligible adults, or (v) any of the  occupations  required
33        to  be licensed under the Clinical Psychologist Licensing
34        Act, the Clinical Social Work and  Social  Work  Practice
 
HB0464 Engrossed            -29-     LRB093 05289 AMC 05379 b
 1        Act,  the  Illinois Dental Practice Act, the Dietetic and
 2        Nutrition Services Practice Act, the Marriage and  Family
 3        Therapy  Licensing Act, the Medical Practice Act of 1987,
 4        the Naprapathic Practice Act, the  Nursing  and  Advanced
 5        Practice  Nursing  Act,  the  Nursing Home Administrators
 6        Licensing and Disciplinary Act, the Illinois Occupational
 7        Therapy Practice Act, the  Illinois  Optometric  Practice
 8        Act  of  1987,  the  Pharmacy  Practice  Act of 1987, the
 9        Illinois Physical Therapy Act,  the  Physician  Assistant
10        Practice  Act of 1987, the Podiatric Medical Practice Act
11        of  1987,  the  Respiratory  Care   Practice   Act,   the
12        Professional    Counselor   and   Clinical   Professional
13        Counselor Licensing  Act,  the  Illinois  Speech-Language
14        Pathology  and  Audiology  Practice  Act,  the Veterinary
15        Medicine and Surgery Practice Act of 2004 1994,  and  the
16        Illinois Public Accounting Act;
17             (2)  an  employee  of  a  vocational  rehabilitation
18        facility  prescribed  or  supervised by the Department of
19        Human Services;
20             (3)  an administrator, employee, or person providing
21        services in or  through  an  unlicensed  community  based
22        facility;
23             (4)  a Christian Science Practitioner;
24             (5)  field  personnel  of  the  Department of Public
25        Aid, Department of Public Health, and Department of Human
26        Services, and any county or municipal health department;
27             (6)  personnel of the Department of Human  Services,
28        the  Guardianship and Advocacy Commission, the State Fire
29        Marshal, local fire departments, the Department on  Aging
30        and  its  subsidiary  Area Agencies on Aging and provider
31        agencies,  and  the  Office  of  State  Long  Term   Care
32        Ombudsman;
33             (7)  any  employee  of  the  State  of  Illinois not
34        otherwise specified herein who is involved  in  providing
 
HB0464 Engrossed            -30-     LRB093 05289 AMC 05379 b
 1        services  to  eligible  adults,  including  professionals
 2        providing  medical  or  rehabilitation  services  and all
 3        other persons having direct contact with eligible adults;
 4        or
 5             (8)  a person who performs the duties of  a  coroner
 6        or medical examiner.
 7          (g)  "Neglect"  means  another  individual's failure to
 8    provide an eligible adult with or willful withholding from an
 9    eligible adult the necessities of  life  including,  but  not
10    limited  to,  food,  clothing,  shelter or medical care. This
11    subsection does  not  create  any  new  affirmative  duty  to
12    provide  support  to  eligible  adults.   Nothing in this Act
13    shall be construed to mean that an eligible adult is a victim
14    of neglect because of health care services  provided  or  not
15    provided by licensed health care professionals.
16        (h)  "Provider  agency"  means  any  public  or nonprofit
17    agency in a  planning  and  service  area  appointed  by  the
18    regional  administrative  agency  with  prior approval by the
19    Department on Aging to receive and assess reports of  alleged
20    or suspected abuse, neglect, or financial exploitation.
21        (i)  "Regional administrative agency" means any public or
22    nonprofit agency in a planning and service area so designated
23    by  the  Department, provided that the designated Area Agency
24    on Aging shall  be  designated  the  regional  administrative
25    agency  if  it  so  requests. The Department shall assume the
26    functions of  the  regional  administrative  agency  for  any
27    planning  and  service  area  where  another agency is not so
28    designated.
29        (j)  "Substantiated  case"  means  a  reported  case   of
30    alleged   or   suspected   abuse,   neglect,   or   financial
31    exploitation  in  which  a provider agency, after assessment,
32    determines that there is reason to believe abuse, neglect, or
33    financial exploitation has occurred.
34    (Source: P.A. 91-259,  eff.  1-1-00;  91-357,  eff.  7-29-99;
 
HB0464 Engrossed            -31-     LRB093 05289 AMC 05379 b
 1    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

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

 4        (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
 5        Sec.  3.21.   Except  as  authorized  by  this  Act,  the
 6    Controlled Substances Act, the Pharmacy Practice Act of 1987,
 7    the Dental Practice Act, the Medical Practice  Act  of  1987,
 8    the  Veterinary  Medicine  and  Surgery  Practice Act of 2004
 9    1994, or the Podiatric Medical Practice Act of 1987, to  sell
10    or dispense a prescription drug without a prescription.
11    (Source: P.A. 88-424.)

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

14        (510 ILCS 70/2.01h)
15        Sec. 2.01h.  Animal shelter.  "Animal  shelter"  means  a
16    facility   operated,   owned,   or   maintained   by  a  duly
17    incorporated humane society, animal welfare society, or other
18    non-profit organization for the purpose of providing for  and
19    promoting  the  welfare,  protection, and humane treatment of
20    animals. "Animal shelter" also means any veterinary  hospital
21    or   clinic  operated  by  a  veterinarian  or  veterinarians
22    licensed under the Veterinary Medicine and  Surgery  Practice
23    Act  of  2004  1994  which  operates  for the above mentioned
24    purpose in addition to its customary purposes.
25    (Source: P.A. 92-454, eff. 1-1-02.)

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

28        (510 ILCS 72/5)
 
HB0464 Engrossed            -32-     LRB093 05289 AMC 05379 b
 1        Sec. 5.  Definitions.
 2    The following terms have the meanings indicated,  unless  the
 3    context requires otherwise:
 4        "Animal"  means  any bird, fish, reptile, or mammal other
 5    than man.
 6        "DEA" means the United States Department of Justice  Drug
 7    Enforcement Administration.
 8        "Department"   means   the   Department  of  Professional
 9    Regulation.
10        "Director"  means  the  Director  of  the  Department  of
11    Professional Regulation.
12        "Euthanasia agency" means  an  entity  certified  by  the
13    Department for the purpose of animal euthanasia that holds an
14    animal  control  facility or animal shelter license under the
15    Animal Welfare Act.
16        "Euthanasia drugs" means  Schedule  II  or  Schedule  III
17    substances  (nonnarcotic  controlled substances) as set forth
18    in the Illinois Controlled Substances Act that are used by  a
19    euthanasia agency for the purpose of animal euthanasia.
20        "Euthanasia  technician"  or  "technician" means a person
21    employed by a euthanasia agency or working under  the  direct
22    supervision  of  a  veterinarian  and who is certified by the
23    Department  to  administer  euthanasia  drugs  to   euthanize
24    animals.
25        "Veterinarian"  means  a  person  holding  the  degree of
26    Doctor of Veterinary  Medicine  who  is  licensed  under  the
27    Veterinary Medicine and Surgery Practice Act of 2004 1994.
28    (Source: P.A. 92-449, eff. 1-1-02.)

29        Section  45.   The  Good  Samaritan  Act  is  amended  by
30    changing Section 60 as follows:

31        (745 ILCS 49/60)
32        Sec.  60.  Veterinarians;  exemption from civil liability
 
HB0464 Engrossed            -33-     LRB093 05289 AMC 05379 b
 1    for emergency care to humans.  Any person licensed under  the
 2    Veterinary  Medicine and Surgery Practice Act of 2004 1994 or
 3    any person licensed as a veterinarian in any other  state  or
 4    territory  of  the  United  States who in good faith provides
 5    emergency care to a human victim of an accident, at the scene
 6    of an accident or in a catastrophe shall not  be  liable  for
 7    civil  damages  as  a result of his or her acts or omissions,
 8    except for willful or wanton misconduct on the  part  of  the
 9    person in providing the care.
10    (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)

11        Section  99.   Effective  date.  This Act takes effect on
12    December 31, 2003.