Illinois General Assembly - Full Text of HB2517
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Full Text of HB2517  98th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 and by adding Section 4.34 as follows:
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following



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1Act is repealed on January 1, 2024:
2    The Veterinary Medicine and Surgery Practice Act of 2004.
3    Section 10. The Veterinary Medicine and Surgery Practice
4Act of 2004 is amended by changing the title of the Act and
5Sections 3, 4, 5, 6, 7, 12, 13, 14, 16, 24, 25, 25.1, 25.2,
625.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 25.11, 25.13,
725.14, 25.15, 25.16, 25.18, 26, and 27 and by adding Sections
819.1 and 25.2a as follows:
9    (225 ILCS 115/3)  (from Ch. 111, par. 7003)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 3. Definitions. The following terms have the meanings
12indicated, unless the context requires otherwise:
13    "Accredited college of veterinary medicine" means a
14veterinary college, school, or division of a university or
15college that offers the degree of Doctor of Veterinary Medicine
16or its equivalent and that is accredited by the Council on
17Education of the American Veterinary Medical Association
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or licensee's application
21file or license file as maintained by the Department's
22licensure maintenance unit. It is the duty of the applicant or
23licensee to inform the Department of any change of address, and
24those changes must be made either through the Department's



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1website or by contacting the Department.
2    "Accredited program in veterinary technology" means any
3post-secondary educational program that is accredited by the
4AVMA's Committee on Veterinary Technician Education and
5Activities or any veterinary technician program that is
6recognized as its equivalent by the AVMA's Committee on
7Veterinary Technician Education and Activities.
8    "Animal" means any animal, vertebrate or invertebrate,
9other than a human.
10    "Board" means the Veterinary Licensing and Disciplinary
12    "Certified veterinary technician" means a person who is
13validly and currently licensed to practice veterinary
14technology in this State.
15    "Client" means an entity, person, group, or corporation
16that has entered into an agreement with a veterinarian for the
17purposes of obtaining veterinary medical services.
18    "Complementary, alternative, and integrative therapies"
19means a heterogeneous group of diagnostic and therapeutic
20philosophies and practices, which at the time they are
21performed may differ from current scientific knowledge, or
22whose theoretical basis and techniques may diverge from
23veterinary medicine routinely taught in accredited veterinary
24medical colleges, or both. "Complementary, alternative, and
25integrative therapies" include, but are not limited to,
26veterinary acupuncture, acutherapy, and acupressure;



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1veterinary homeopathy; veterinary manual or manipulative
2therapy or therapy based on techniques practiced in osteopathy,
3chiropractic medicine, or physical medicine and therapy;
4veterinary nutraceutical therapy; veterinary phytotherapy; and
5other therapies as defined by rule.
6    "Consultation" means when a veterinarian receives advice
7in person, telephonically, electronically, or by any other
8method of communication from a veterinarian licensed in this or
9any other state or other person whose expertise, in the opinion
10of the veterinarian, would benefit a patient. Under any
11circumstance, the responsibility for the welfare of the patient
12remains with the veterinarian receiving consultation.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Direct supervision" means the supervising veterinarian is
16readily available on the premises where the animal is being
18    "Immediate supervision" means the supervising veterinarian
19is in the immediate area, within audible and visual range of
20the animal patient and the person treating the patient.
21    "Impaired veterinarian" means a veterinarian who is unable
22to practice veterinary medicine with reasonable skill and
23safety because of a physical or mental disability as evidenced
24by a written determination or written consent based on clinical
25evidence, including deterioration through the aging process,
26loss of motor skills, or abuse of drugs or alcohol of



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1sufficient degree to diminish a person's ability to deliver
2competent patient care.
3    "Indirect supervision" means the supervising veterinarian
4need not be on the premises, but has given either written or
5oral instructions for the treatment of the animal and is
6available by telephone or other form of communication.
7    "Licensed veterinarian" means a person who is validly and
8currently licensed to practice veterinary medicine in this
10    "Patient" means an animal that is examined or treated by a
12    "Person" means an individual, firm, partnership (general,
13limited, or limited liability), association, joint venture,
14cooperative, corporation, limited liability company, or any
15other group or combination acting in concert, whether or not
16acting as a principal, partner, member, trustee, fiduciary,
17receiver, or any other kind of legal or personal
18representative, or as the successor in interest, assignee,
19agent, factor, servant, employee, director, officer, or any
20other representative of such person.
21    "Practice of veterinary medicine" means to diagnose,
22prognose, treat, correct, change, alleviate, or prevent animal
23disease, illness, pain, deformity, defect, injury, or other
24physical, dental, or mental conditions by any method or mode;
25including the performance of one or more of the following:
26        (1) Prescribing, dispensing, administering, applying,



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1    or ordering the administration of any drug, medicine,
2    biologic, apparatus, anesthetic, or other therapeutic or
3    diagnostic substance, or medical or surgical technique.
4        (2) (Blank).
5        (3) Performing upon an animal a surgical or dental
6    operation.
7        (3.5) Performing upon an animal complementary,
8    alternative, or integrative therapy.
9        (4) Performing upon an animal any manual or mechanical
10    procedure for reproductive management, including the
11    diagnosis or treatment of pregnancy, sterility, or
12    infertility.
13        (4.5) The rendering of advice or recommendation by any
14    means, including telephonic and other electronic
15    communications, with regard to the performing upon an
16    animal any manual or mechanical procedure for reproductive
17    management, including the diagnosis or treatment of
18    pregnancy, sterility, or infertility.
19        (5) Determining the health and fitness of an animal.
20        (6) Representing oneself, directly or indirectly, as
21    engaging in the practice of veterinary medicine.
22        (7) Using any word, letters, or title under such
23    circumstances as to induce the belief that the person using
24    them is qualified to engage in the practice of veterinary
25    medicine or any of its branches. Such use shall be prima
26    facie evidence of the intention to represent oneself as



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1    engaging in the practice of veterinary medicine.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Supervising veterinarian" means a veterinarian who
5assumes responsibility for the professional care given to an
6animal by a person working under his or her direction in either
7an immediate, direct, or indirect supervision arrangement. The
8supervising veterinarian must have examined the animal at such
9time as acceptable veterinary medical practices requires,
10consistent with the particular delegated animal health care
12    "Therapeutic" means the treatment, control, and prevention
13of disease.
14    "Veterinarian" means a person who is validly and currently
15licensed to practice veterinary medicine in this State.
16    "Veterinarian-client-patient relationship" means that all
17of the following conditions have been met:
18        (1) The veterinarian has assumed the responsibility
19    for making clinical judgments regarding the health of an
20    animal and the need for medical treatment and the client,
21    owner, or other caretaker has agreed to follow the
22    instructions of the veterinarian;
23        (2) There is sufficient knowledge of an animal by the
24    veterinarian to initiate at least a general or preliminary
25    diagnosis of the medical condition of the animal. This
26    means that the veterinarian has recently seen and is



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1    personally acquainted with the keeping and care of the
2    animal by virtue of an examination of the animal or by
3    medically appropriate and timely visits to the premises
4    where the animal is kept, or the veterinarian has access to
5    the animal patient's records and has been designated by the
6    veterinarian with the prior relationship to provide
7    reasonable and appropriate medical care if he or she is
8    unavailable; and
9        (3) The practicing veterinarian is readily available
10    for follow-up in case of adverse reactions or failure of
11    the treatment regimen or, if unavailable, has designated
12    another available veterinarian who has access to the animal
13    patient's records to provide reasonable and appropriate
14    medical care.
15    "Veterinarian-client-patient relationship" does not mean a
16relationship solely based on telephonic or other electronic
18    "Veterinary medicine" means all branches and specialties
19included within the practice of veterinary medicine.
20    "Veterinary premises" means any premises or facility where
21the practice of veterinary medicine occurs, including, but not
22limited to, a mobile clinic, outpatient clinic, satellite
23clinic, or veterinary hospital or clinic. "Veterinary
24premises" does not mean the premises of a veterinary client,
25research facility, a federal military base, or an accredited
26college of veterinary medicine.



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1    "Veterinary prescription drugs" means those drugs
2restricted to use by or on the order of a licensed veterinarian
3in accordance with Section 503(f) of the Federal Food, Drug,
4and Cosmetic Act (21 U.S.C. 353).
5    "Veterinary specialist" means that a veterinarian is a
6diplomate within an AVMA-recognized veterinary specialty
8    "Veterinary technology" means the performance of services
9within the field of veterinary medicine by a person who, for
10compensation or personal profit, is employed by a licensed
11veterinarian to perform duties that require an understanding of
12veterinary medicine necessary to carry out the orders of the
13veterinarian. Those services, however, shall not include
14diagnosing, prognosing, writing prescriptions, or surgery.
15(Source: P.A. 96-1322, eff. 7-27-10.)
16    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 4. Exemptions. Nothing in this Act shall apply to any
19of the following:
20        (1) Veterinarians employed by the federal or State
21    government while engaged in their official duties.
22        (2) Licensed veterinarians from other states who are
23    invited to Illinois for consultation by a veterinarian
24    licensed in Illinois.
25        (3) Veterinarians employed by colleges or universities



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1    while engaged in the performance of their official duties,
2    or faculty engaged in animal husbandry or animal management
3    programs of colleges or universities.
4        (3.5) A veterinarian or veterinary technician from
5    another state or country who (A) is not licensed under this
6    Act; (B) is currently licensed as a veterinarian or
7    veterinary technician in another state or country, or
8    otherwise exempt from licensure in the other state; (C) is
9    an invited guest of a professional veterinary association,
10    veterinary training program, or continuing education
11    provider approved by the Department; and (D) engages in
12    professional education through lectures, clinics, or
13    demonstrations.
14        (4) A veterinarian employed by an accredited college of
15    veterinary medicine providing assistance requested by a
16    veterinarian licensed in Illinois, acting with informed
17    consent from the client and acting under the direct or
18    indirect supervision and control of the licensed
19    veterinarian. Providing assistance involves hands-on
20    active participation in the treatment and care of the
21    patient. The licensed veterinarian shall maintain
22    responsibility for the veterinarian-client-patient
23    relationship.
24        (5) Veterinary students in an accredited college of
25    veterinary medicine, university, department of a
26    university, or other institution of veterinary medicine



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1    and surgery engaged in duties assigned by their instructors
2    or working under the immediate or direct supervision of a
3    licensed veterinarian.
4        (5.5) Students of an accredited program in veterinary
5    technology performing veterinary technology duties or
6    actions assigned by instructors or working under the
7    immediate or direct supervision of a licensed
8    veterinarian.
9        (6) Any person engaged in bona fide scientific research
10    which requires the use of animals.
11        (7) An owner of livestock and any of the owner's
12    employees or the owner and employees of a service and care
13    provider of livestock caring for and treating livestock
14    belonging to the owner or under a provider's care,
15    including but not limited to, the performance of husbandry
16    and livestock management practices such as dehorning,
17    castration, emasculation, or docking of cattle, horses,
18    sheep, goats, and swine, artificial insemination, and
19    drawing of semen. Nor shall this Act be construed to
20    prohibit any person from administering in a humane manner
21    medicinal or surgical treatment to any livestock in the
22    care of such person. However, any such services shall
23    comply with the Humane Care for Animals Act.
24        (8) An owner of an animal, or an agent of the owner
25    acting with the owner's approval, in caring for, training,
26    or treating an animal belonging to the owner, so long as



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1    that individual or agent does not represent himself or
2    herself as a veterinarian or use any title associated with
3    the practice of veterinary medicine or surgery or diagnose,
4    prescribe drugs, or perform surgery. The agent shall
5    provide the owner with a written statement summarizing the
6    nature of the services provided and obtain a signed
7    acknowledgment from the owner that they accept the services
8    provided. The services shall comply with the Humane Care
9    for Animals Act. The provisions of this item (8) do not
10    apply to a person who is exempt under item (7).
11        (9) A member in good standing of another licensed or
12    regulated profession within any state or a member of an
13    organization or group approved by the Department by rule
14    providing assistance that is requested in writing by a
15    veterinarian licensed in this State acting within a
16    veterinarian-client-patient relationship and with informed
17    consent from the client and the member is acting under the
18    immediate, direct, or indirect supervision and control of
19    the licensed veterinarian. Providing assistance involves
20    hands-on active participation in the treatment and care of
21    the patient, as defined by rule. The licensed veterinarian
22    shall maintain responsibility for the
23    veterinarian-client-patient relationship, but shall be
24    immune from liability, except for willful and wanton
25    conduct, in any civil or criminal action if a member
26    providing assistance does not meet the requirements of this



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1    item (9).
2        (10) A graduate of a non-accredited college of
3    veterinary medicine who is in the process of obtaining a
4    certificate of educational equivalence and is performing
5    duties or actions assigned by instructors in an approved
6    college of veterinary medicine.
7        (10.5) A veterinarian who is enrolled in a postgraduate
8    instructional program in an accredited college of
9    veterinary medicine performing duties or actions assigned
10    by instructors or working under the immediate or direct
11    supervision of a licensed veterinarian or a faculty member
12    of the College of Veterinary Medicine at the University of
13    Illinois.
14        (11) A certified euthanasia technician who is
15    authorized to perform euthanasia in the course and scope of
16    his or her employment only as permitted by the Humane
17    Euthanasia in Animal Shelters Act.
18        (12) A person who, without expectation of
19    compensation, provides emergency veterinary care in an
20    emergency or disaster situation so long as he or she does
21    not represent himself or herself as a veterinarian or use a
22    title or degree pertaining to the practice of veterinary
23    medicine and surgery.
24        (13) Any certified veterinary technician or other
25    employee of a licensed veterinarian performing permitted
26    duties other than diagnosis, prognosis, prescription, or



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1    surgery under the appropriate direction and supervision of
2    the veterinarian, who shall be responsible for the
3    performance of the employee.
4        (13.5) Any pharmacist licensed in the State, merchant,
5    or manufacturer selling at his or her regular place of
6    business medicines, feed, appliances, or other products
7    used in the prevention or treatment of animal diseases as
8    permitted by law and provided that the services he or she
9    provides do not include diagnosing, prognosing, writing
10    prescriptions, or surgery.
11        (14) An approved humane investigator regulated under
12    the Humane Care for Animals Act or employee of a shelter
13    licensed under the Animal Welfare Act, working under the
14    indirect supervision of a licensed veterinarian.
15        (15) An individual providing equine dentistry services
16    requested by a veterinarian licensed to practice in this
17    State, an owner, or an owner's agent. For the purposes of
18    this item (15), "equine dentistry services" means floating
19    teeth without the use of drugs or extraction.
20        (15.5) In the event of an emergency or disaster, a
21    veterinarian or veterinary technician not licensed in this
22    State who (A) is responding to a request for assistance
23    from the Illinois Department of Agriculture, the Illinois
24    Department of Public Health, the Illinois Emergency
25    Management Agency, or other State agency as determined by
26    the Department; (B) is licensed and in good standing in



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1    another state; and (C) has been granted a temporary waiver
2    from licensure by the Department.
3        (16) Private treaty sale of animals unless otherwise
4    provided by law.
5        (17) Persons or entities practicing the specified
6    occupations set forth in subsection (a) of, and pursuant to
7    a licensing exemption granted in subsection (b) or (d) of,
8    Section 2105-350 of the Department of Professional
9    Regulation Law of the Civil Administrative Code of
10    Illinois, but only for so long as the 2016 Olympic and
11    Paralympic Games Professional Licensure Exemption Law is
12    operable.
13(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
14    (225 ILCS 115/5)  (from Ch. 111, par. 7005)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 5. Restrictions and limitations. No person shall
17practice veterinary medicine and surgery in any of its branches
18without a valid license to do so. Any person not licensed under
19this Act who performs any of the functions described as the
20practice of veterinary medicine or surgery as defined in this
21Act, who announces to the public in any way an intention to
22practice veterinary medicine and surgery, who uses the title
23Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,
24or who opens an office, hospital, or clinic for such purposes
25is considered to have violated this Act and may be subject to



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1all the penalties provided for such violations.
2    It shall be unlawful for any person who is not licensed in
3this State to provide veterinary medical services from any
4state to a client or patient in this State through telephonic,
5electronic, or other means, except where a bonafide
6veterinarian-client-patient relationship exists.
7    Nothing in this Act shall be construed to prevent members
8of other professions from performing functions for which they
9are duly licensed, subject to the requirements of Section 4 of
10this Act. Other professionals may not, however, hold themselves
11out or refer to themselves by any title or descriptions stating
12or implying that they are engaged in the practice of veterinary
13medicine or that they are licensed to engage in the practice of
14veterinary medicine.
15(Source: P.A. 96-1322, eff. 7-27-10.)
16    (225 ILCS 115/6)  (from Ch. 111, par. 7006)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 6. Administration of Act.
19    (a) The Department shall exercise the powers and duties
20prescribed by the Civil Administrative Code of Illinois for the
21administration of licensing Acts and shall exercise any other
22powers and duties necessary for effectuating the purpose of
23this Act.
24    (b) The Secretary may shall adopt rules consistent with the
25provisions of this Act for the administration and enforcement



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1thereof, and for the payment of fees connected therewith, and
2may prescribe forms that shall be issued in connection
3therewith. The rules may shall include standards and criteria
4for licensure, certification, and professional conduct and
5discipline. The Department may shall consult with the Board in
6promulgating rules. Notice of proposed rulemaking shall be
7transmitted to the Board and the Department shall review the
8Board's response and any recommendations made therein. The
9Department shall notify the Board in writing with an
10explanation of the deviations in the Board's recommendations
11and responses.
12    (c) The Department may shall solicit the advice and expert
13knowledge of the Board on any matter relating to the
14administration and enforcement of this Act.
15    (d) The Department shall issue quarterly to the Board a
16report of the status of all complaints related to the
17profession received by the Department.
18(Source: P.A. 96-1322, eff. 7-27-10.)
19    (225 ILCS 115/7)  (from Ch. 111, par. 7007)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 7. Veterinarian Licensing and Disciplinary Board. The
22Secretary shall appoint a Veterinarian Licensing and
23Disciplinary Board as follows: 7 persons shall be appointed by
24and shall serve in an advisory capacity to the Secretary, 6
25members must be licensed, in good standing, veterinarians in



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1this State, and must be actively engaged in the practice of
2veterinary medicine and surgery in this State, and one member
3must be a member of the public who is not licensed under this
4Act, or a similar Act of another jurisdiction and who has no
5connection with the veterinary profession.
6    Members shall serve 4-year 4 year terms and until their
7successors are appointed and qualified, except that of the
8initial appointments, one member shall be appointed to serve
9for one year, 2 shall be appointed to serve for 2 years, 2
10shall be appointed to serve for 3 years, and the remaining, one
11of which shall be a public member, shall be appointed to serve
12for 4 years and until their successors are appointed and
13qualified. No member shall be reappointed to the Board for more
14than 2 full, consecutive terms. Appointments to fill vacancies
15shall be made in the same manner as original appointments, for
16the unexpired portion of the vacated term. Initial terms shall
17begin upon the effective date of this Act.
18    The membership of the Board should reasonably reflect
19representation from the geographic areas in this State. The
20Secretary shall consider the recommendations made by the State
21Veterinary Medical Association in making appointments.
22    Four members of the Board shall constitute a quorum. A
23quorum is required for all Board decisions.
24    The Secretary shall have the authority to remove or suspend
25any member of the Board for cause at any time before the
26expiration of his or her term. may terminate the appointment of



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1any member for cause which in the opinion of the Secretary
2reasonably justifies such termination.
3    The Board shall annually elect a Chairman who shall be a
5    The Secretary shall consider the advice and
6recommendations of the Board on questions involving standards
7of professional conduct, discipline and qualifications of
8candidates and licensees under this Act.
9    Members of the Board shall be entitled to receive a per
10diem at a rate set by the Secretary and shall be reimbursed for
11all legitimate, necessary, and authorized expenses incurred in
12the attending the meetings of the Board. exercise of their
14    Members of the Board have no liability in any action based
15upon any disciplinary proceeding or other activity performed in
16good faith as a member of the Board.
17(Source: P.A. 96-1322, eff. 7-27-10.)
18    (225 ILCS 115/12)  (from Ch. 111, par. 7012)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 12. Renewal and inactive status; restoration;
21military service. Inactive status.
22    (a) The expiration date and renewal period for each license
23or certificate shall be set by rule.
24    (b) A licensee who has permitted his or her license to
25expire or who has had his or her license on inactive status may



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1have the license restored by making application to the
2Department by filing proof acceptable to the Department of his
3or her fitness to have the license restored and by paying the
4required fees. Proof of fitness may include sworn evidence
5certifying to active lawful practice in another jurisdiction.
6If the licensee has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the
8Department shall determine, by an evaluation program
9established by rule, his or her fitness for restoration of the
10license and shall establish procedures and requirements for
12    (c) A licensee whose license expired while he or she was
13(1) in federal service on active duty with the Armed Forces of
14the United States or the State Militia called into service or
15training or (2) in training or education under the supervision
16of the United States before induction into the military
17service, may have the license restored without paying any
18lapsed renewal fees if within 2 years after honorable
19termination of the service, training, or education he or she
20furnishes the Department with satisfactory evidence to the
21effect that he or she has been so engaged and that his or her
22service, training, or education has been so terminated.
23    (d) Any licensee veterinarian or certified veterinary
24technician who notifies the Department in writing on the
25prescribed form may place his or her license or certification
26on an inactive status and shall, subject to rule, be exempt



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1from payment of the renewal fee and compliance with the
2continuing education requirements until he or she notifies the
3Department in writing of his or her intention to resume active
5    (e) Any veterinarian or certified veterinary technician
6requesting restoration from inactive or expired status shall be
7required to complete the continuing education requirements for
8a single license or certificate renewal period, pursuant to
9rule, and pay the current renewal fee to restore his or her
10license or certification as provided in this Act.
11    (f) Any licensee veterinarian whose license is in inactive,
12expired, or suspended status shall not practice veterinary
13medicine and surgery in this State.
14    A graduate of a non-approved veterinary school who was
15issued a work permit by the Department before the effective
16date of this amendatory Act of the 93rd General Assembly may
17continue to work under the direct supervision of a licensed
18veterinarian until the expiration of his or her permit.
19(Source: P.A. 93-281, eff. 12-31-03.)
20    (225 ILCS 115/13)  (from Ch. 111, par. 7013)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 13. Licensure without examination; endorsement. The
23Department may license register as a licensed veterinarian or
24certified veterinary technician, without examination, but upon
25payment of the required fee, an applicant who has a license or



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1certificate in good standing to practice in another
2jurisdiction. However, the requirements for licensure of
3veterinarians and certified veterinary technicians in the
4jurisdiction in which the applicant was licensed must have
5been, at the date of licensure, substantially equivalent to the
6requirements in force in this State on that date.
7    Applicants have 3 years from the date of application to
8complete the application process. If the process has not been
9completed in 3 years, the application shall be denied, the fee
10forfeited and the applicant must reapply and meet the
11requirements in effect at the time of reapplication.
12(Source: P.A. 88-424.)
13    (225 ILCS 115/14)  (from Ch. 111, par. 7014)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 14. Fees. The Department shall provide by rule for a
16schedule of fees for the administration and enforcement of this
17Act, including but not limited to original licensure, renewal,
18and restoration of a license issued under this Act. The fees
19shall be nonrefundable.
20    All fees, fines, and penalties collected under this Act
21shall be deposited into the General Professions Dedicated Fund
22and shall be appropriated to the Department for the ordinary
23and contingent expenses of the Department in the administration
24of this Act.
25(Source: P.A. 91-454, eff. 1-1-00.)



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1    (225 ILCS 115/16)  (from Ch. 111, par. 7016)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 16. Continuing education. As a condition for renewal
4of a license, licensees shall be required to complete
5continuing education in veterinary medicine in accordance with
6rules established by the Department. Proof of having met the
7minimum requirements of continuing education as determined by
8the Board shall be required of all license and certificate
9renewals and restorations. Pursuant to rule, the continuing
10education requirements may upon petition be waived in whole or
11in part if the veterinarian or veterinary technician can
12demonstrate that he or she had served in the Coast Guard or
13Armed Forces, had an extreme hardship or obtained such license
14or certification by examination or endorsement within the
15preceding renewal period.
16    The Department shall establish by rule a means for the
17verification of completion of the continuing education
18required by this Section. This verification may be accomplished
19through audits of records maintained by registrants; by
20requiring the filing of continuing education certificates with
21the Department; or by other means established by the
23(Source: P.A. 92-84, eff. 7-1-02.)
24    (225 ILCS 115/19.1 new)



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1    Sec. 19.1. Authority to dispense drugs in emergency
3    (a) A veterinarian licensed under this Act, in the absence
4of a traditional veterinarian-client-patient relationship, may
5dispense up to 5 days worth of non-controlled substance
6medication or up to 3 days worth of controlled substance
7medication in an emergency situation if:
8        (1) the pet has a medical condition that has been
9    diagnosed by another licensed veterinarian, who then
10    prescribed medication that, if ceased or skipped, could
11    result in a decline of the pet's condition or could be
12    deleterious to the pet's health;
13        (2) the current veterinarian who prescribed the
14    medication is unavailable to issue a refill within a timely
15    manner or the client is not in reasonable proximity to the
16    initial prescriber to obtain a refill within a timely
17    manner; and
18        (3) the client has evidence and can produce evidence of
19    the ongoing medical need for the prescription, either in
20    the form of the medical records or most recent prescription
21    vial or a phone number or other means in which to reach the
22    current prescriber.
23    (b) The second veterinarian must keep a record containing:
24        (1) the name, address, and contact or phone number of
25    the owner and initial prescriber;
26        (2) the name, age, sex, and breed of the pet in



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1    question;
2        (3) the name, strength, and quantity of medication
3    dispensed, along with use instructions; and
4        (4) the medical condition and reason medication is
5    being dispensed.
6    (c) A maximum of 5 days of medication may be dispensed per
7patient per year. All dispensed medication must be properly
8labeled and dispensed to the owner. Notification of the
9dispensing shall be communicated to the initial prescriber by
10the dispensing veterinarian.
11    (d) A veterinarian shall not be required to dispense
12medication under this provision.
13    (225 ILCS 115/24)  (from Ch. 111, par. 7024)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 24. Any person licensed under this Act may advertise
16the availability of professional services in the public media
17or on the premises where such professional services are
18rendered as permitted by law; provided that such advertising is
19truthful and not misleading and is in conformity with rules
20promulgated by the Department. Advertisements shall not
21include false, fraudulent, deceptive, or misleading material
22or guarantees of success.
23(Source: P.A. 83-1016.)
24    (225 ILCS 115/25)  (from Ch. 111, par. 7025)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 25. Disciplinary actions.
3    1. The Department may refuse to issue or renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action as the Department may
6deem appropriate, including imposing fines not to exceed
7$10,000 $1,000 for each violation and the assessment of costs
8as provided for in Section 25.3 of this Act, with regard to any
9license or certificate for any one or combination of the
11        A. Material misstatement in furnishing information to
12    the Department.
13        B. Violations of this Act, or of the rules adopted
14    pursuant to this Act.
15        C. Conviction by plea of guilty or nolo contendere,
16    finding of guilt, jury verdict, or entry of judgment or by
17    sentencing of any crime, including, but not limited to,
18    convictions, preceding sentences of supervision,
19    conditional discharge, or first offender probation, under
20    the laws of any jurisdiction of the United States that is
21    (i) a felony or (ii) a misdemeanor, an essential element of
22    which is dishonesty, or that is directly related to the
23    practice of the profession. of any crime under the laws of
24    the United States or any state or territory of the United
25    States that is a felony or that is a misdemeanor, an
26    essential element of which is dishonesty, or of any crime



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1    that is directly related to the practice of the profession.
2        D. Fraud or Making any misrepresentation in applying
3    for or procuring a license under this Act or in connection
4    with applying for renewal of a license under this Act. for
5    the purpose of obtaining licensure or certification, or
6    violating any provision of this Act or the rules adopted
7    pursuant to this Act pertaining to advertising.
8        E. Professional incompetence.
9        F. Malpractice. Gross malpractice.
10        G. Aiding or assisting another person in violating any
11    provision of this Act or rules.
12        H. Failing, within 60 days, to provide information in
13    response to a written request made by the Department.
14        I. Engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public.
17        J. Habitual or excessive use or abuse of drugs defined
18    in law as controlled substances, alcohol addiction to
19    alcohol, narcotics, stimulants, or any other substance
20    chemical agent or drug that results in the inability to
21    practice with reasonable judgment, skill, or safety.
22        K. Discipline by another state, unit of government,
23    government agency, District of Columbia, territory, or
24    foreign nation, if at least one of the grounds for the
25    discipline is the same or substantially equivalent to those
26    set forth herein.



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1        L. Charging for professional services not rendered,
2    including filing false statements for the collection of
3    fees for which services are not rendered. Directly or
4    indirectly giving to or receiving from any person, firm,
5    corporation, partnership or association any fee,
6    commission, rebate, or other form of compensation for
7    professional services not actually or personally rendered.
8        M. A finding by the Board that the licensee or
9    certificate holder, after having his license or
10    certificate placed on probationary status, has violated
11    the terms of probation.
12        N. Willfully making or filing false records or reports
13    in his practice, including but not limited to false records
14    filed with State agencies or departments.
15        O. Physical illness, including but not limited to,
16    deterioration through the aging process, or loss of motor
17    skill which results in the inability to practice under this
18    Act the profession with reasonable judgment, skill, or
19    safety.
20        P. Solicitation of professional services other than
21    permitted advertising.
22        Q. Allowing one's license under this Act to be used by
23    an unlicensed person in violation of this Act. Having
24    professional connection with or lending one's name,
25    directly or indirectly, to any illegal practitioner of
26    veterinary medicine and surgery and the various branches



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1    thereof.
2        R. Conviction of or cash compromise of a charge or
3    violation of the Harrison Act or the Illinois Controlled
4    Substances Act, regulating narcotics.
5        S. Fraud or dishonesty in applying, treating, or
6    reporting on tuberculin or other biological tests.
7        T. Failing to report, as required by law, or making
8    false report of any contagious or infectious diseases.
9        U. Fraudulent use or misuse of any health certificate,
10    shipping certificate, brand inspection certificate, or
11    other blank forms used in practice that might lead to the
12    dissemination of disease or the transportation of diseased
13    animals dead or alive; or dilatory methods, willful
14    neglect, or misrepresentation in the inspection of milk,
15    meat, poultry, and the by-products thereof.
16        V. Conviction on a charge of cruelty to animals.
17        W. Failure to keep one's premises and all equipment
18    therein in a clean and sanitary condition.
19        X. Failure to provide satisfactory proof of having
20    participated in approved continuing education programs.
21        Y. Mental illness or disability that results in the
22    inability to practice under this Act with reasonable
23    judgment, skill, or safety. Failure to (i) file a return,
24    (ii) pay the tax, penalty, or interest shown in a filed
25    return, or (iii) pay any final assessment of tax, penalty,
26    or interest, as required by any tax Act administered by the



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1    Illinois Department of Revenue, until the requirements of
2    that tax Act are satisfied.
3        Z. Conviction by any court of competent jurisdiction,
4    either within or outside this State, of any violation of
5    any law governing the practice of veterinary medicine, if
6    the Department determines, after investigation, that the
7    person has not been sufficiently rehabilitated to warrant
8    the public trust.
9        AA. Promotion of the sale of drugs, devices,
10    appliances, or goods provided for a patient in any manner
11    to exploit the client for financial gain of the
12    veterinarian.
13        BB. Gross, willful, or continued overcharging for
14    professional services, including filing false statements
15    for collection of fees for which services are not rendered.
16        CC. Practicing under a false or, except as provided by
17    law, an assumed name.
18        DD. Violating state or federal laws or regulations
19    relating to controlled substances or legend drugs. Fraud or
20    misrepresentation in applying for, or procuring, a license
21    under this Act or in connection with applying for renewal
22    of a license under this Act.
23        EE. Cheating on or attempting to subvert the licensing
24    examination administered under this Act.
25        FF. Using, prescribing, or selling a prescription drug
26    or the extra-label use of a prescription drug by any means



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1    in the absence of a valid veterinarian-client-patient
2    relationship.
3        GG. Failing to report a case of suspected aggravated
4    cruelty, torture, or animal fighting pursuant to Section
5    3.07 or 4.01 of the Humane Care for Animals Act or Section
6    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
7    Code of 2012.
8    All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12    2. The determination by a circuit court that a licensee or
13certificate holder is subject to involuntary admission or
14judicial admission as provided in the Mental Health and
15Developmental Disabilities Code operates as an automatic
16suspension. The suspension will end only upon a finding by a
17court that the patient is no longer subject to involuntary
18admission or judicial admission and issues an order so finding
19and discharging the patient. In any case where a license is
20suspended under this provision, the licensee shall file a
21petition for restoration and shall include evidence acceptable
22to the Department that the licensee can resume practice in
23compliance with acceptable and prevailing standards of their
24profession. ; and upon the recommendation of the Board to the
25Secretary that the licensee or certificate holder be allowed to
26resume his practice.



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1    3. All proceedings to suspend, revoke, place on
2probationary status, or take any other disciplinary action as
3the Department may deem proper, with regard to a license or
4certificate on any of the foregoing grounds, must be commenced
5within 5 3 years after receipt by the Department of a complaint
6alleging the commission of or notice of the conviction order
7for any of the acts described in this Section. Except for
8proceedings brought for violations of items (CC), (DD), or
9(EE), no action shall be commenced more than 5 years after the
10date of the incident or act alleged to have violated this
11Section. In the event of the settlement of any claim or cause
12of action in favor of the claimant or the reduction to final
13judgment of any civil action in favor of the plaintiff, the
14claim, cause of action, or civil action being grounded on the
15allegation that a person licensed or certified under this Act
16was negligent in providing care, the Department shall have an
17additional period of one year from the date of the settlement
18or final judgment in which to investigate and begin formal
19disciplinary proceedings under Section 25.2 of this Act, except
20as otherwise provided by law. The time during which the holder
21of the license or certificate was outside the State of Illinois
22shall not be included within any period of time limiting the
23commencement of disciplinary action by the Department.
24    4. The Department may refuse to issue or may suspend
25without hearing, as provided for in the Illinois Code of Civil
26Procedure, take disciplinary action concerning the license of



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1any person who fails to file a return, to pay the tax, penalty,
2or interest shown in a filed return, or to pay any final
3assessment of tax, penalty, or interest as required by any tax
4Act administered by the Illinois Department of Revenue, until
5such time as the requirements of any such tax Act are satisfied
6in accordance with subsection (g) of Section 2105-15 of the
7Civil Administrative Code of Illinois. as determined by the
8Department of Revenue.
9    5. In enforcing this Section, the Department, upon a
10showing of a possible violation, may compel any individual who
11is registered under this Act or any individual who has applied
12for registration to submit to a mental or physical examination
13or evaluation, or both, which may include a substance abuse or
14sexual offender evaluation, at the expense of the Department.
15The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination and evaluation.
19The multidisciplinary team shall be led by a physician licensed
20to practice medicine in all of its branches and may consist of
21one or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed chiropractic
23physicians, licensed clinical psychologists, licensed clinical
24social workers, licensed clinical professional counselors, and
25other professional and administrative staff. Any examining
26physician or member of the multidisciplinary team may require



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1any person ordered to submit to an examination and evaluation
2pursuant to this Section to submit to any additional
3supplemental testing deemed necessary to complete any
4examination or evaluation process, including, but not limited
5to, blood testing, urinalysis, psychological testing, or
6neuropsychological testing.
7    The Department may order the examining physician or any
8member of the multidisciplinary team to provide to the
9Department any and all records, including business records,
10that relate to the examination and evaluation, including any
11supplemental testing performed. The Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this examination and
14evaluation of the registrant or applicant, including testimony
15concerning any supplemental testing or documents relating to
16the examination and evaluation. No information, report,
17record, or other documents in any way related to the
18examination and evaluation shall be excluded by reason of any
19common law or statutory privilege relating to communication
20between the licensee or applicant and the examining physician
21or any member of the multidisciplinary team. No authorization
22is necessary from the registrant or applicant ordered to
23undergo an evaluation and examination for the examining
24physician or any member of the multidisciplinary team to
25provide information, reports, records, or other documents or to
26provide any testimony regarding the examination and



HB2517 Enrolled- 35 -LRB098 10264 MGM 40435 b

1evaluation. The individual to be examined may have, at his or
2her own expense, another physician of his or her choice present
3during all aspects of the examination.
4    Failure of any individual to submit to mental or physical
5examination or evaluation, or both, when directed, shall result
6in an automatic suspension without hearing, until such time as
7the individual submits to the examination. If the Department
8finds a registrant unable to practice because of the reasons
9set forth in this Section, the Department shall require such
10registrant to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition for continued, reinstated, or renewed registration.
13    In instances in which the Secretary immediately suspends a
14registration under this Section, a hearing upon such person's
15registration must be convened by the Department within 15 days
16after such suspension and completed without appreciable delay.
17The Department shall have the authority to review the
18registrant's record of treatment and counseling regarding the
19impairment to the extent permitted by applicable federal
20statutes and regulations safeguarding the confidentiality of
21medical records.
22    Individuals registered under this Act that are affected
23under this Section, shall be afforded an opportunity to
24demonstrate to the Department that they can resume practice in
25compliance with acceptable and prevailing standards under the
26provisions of their registration. the Board, upon a showing of



HB2517 Enrolled- 36 -LRB098 10264 MGM 40435 b

1a possible violation, may compel a licensee or applicant to
2submit to a mental or physical examination, or both, as
3required by and at the expense of the Department. The examining
4physicians or clinical psychologists shall be those
5specifically designated by the Board. The Board or the
6Department may order (i) the examining physician to present
7testimony concerning the mental or physical examination of a
8licensee or applicant or (ii) the examining clinical
9psychologist to present testimony concerning the mental
10examination of a licensee or applicant. No information shall be
11excluded by reason of any common law or statutory privilege
12relating to communications between a licensee or applicant and
13the examining physician or clinical psychologist. An
14individual to be examined may have, at his or her own expense,
15another physician or clinical psychologist of his or her choice
16present during all aspects of the examination. Failure of an
17individual to submit to a mental or physical examination, when
18directed, is grounds for suspension of his or her license. The
19license must remain suspended until the person submits to the
20examination or the Board finds, after notice and hearing, that
21the refusal to submit to the examination was with reasonable
23    If the Board finds an individual unable to practice because
24of the reasons set forth in this Section, the Board must
25require the individual to submit to care, counseling, or
26treatment by a physician or clinical psychologist approved by



HB2517 Enrolled- 37 -LRB098 10264 MGM 40435 b

1the Board, as a condition, term, or restriction for continued,
2reinstated, or renewed licensure to practice. In lieu of care,
3counseling, or treatment, the Board may recommend that the
4Department file a complaint to immediately suspend or revoke
5the license of the individual or otherwise discipline the
7    Any individual whose license was granted, continued,
8reinstated, or renewed subject to conditions, terms, or
9restrictions, as provided for in this Section, or any
10individual who was disciplined or placed on supervision
11pursuant to this Section must be referred to the Secretary for
12a determination as to whether the person shall have his or her
13license suspended immediately, pending a hearing by the Board.
14    6. The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with paragraph (5) of
19subsection (a) of Section 2105-15 of the Civil Administrative
20Code of Illinois.
21    7. In cases where the Department of Healthcare and Family
22Services has previously determined a licensee or a potential
23licensee is more than 30 days delinquent in the payment of
24child support and has subsequently certified the delinquency to
25the Department, the Department may refuse to issue or renew or
26may revoke or suspend that person's license or may take other



HB2517 Enrolled- 38 -LRB098 10264 MGM 40435 b

1disciplinary action against that person based solely upon the
2certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with paragraph (5)
4of subsection (a) of Section 1205-15 of the Civil
5Administrative Code of Illinois.
6(Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13;
797-1150, eff. 1-25-13.)
8    (225 ILCS 115/25.1)  (from Ch. 111, par. 7025.1)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 25.1. Injunctive actions; orders to cease and desist.
11(a) If any person violates a provision of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General of the State of Illinois
14or the State's Attorney of the county in which the violation is
15alleged to have occurred, petition, for an order enjoining such
16violation or for an order enforcing compliance with this Act.
17Upon the filing of a verified petition in such court, the court
18may issue a temporary restraining order, without notice or
19bond, and may preliminarily and permanently enjoin such
20violation, and if it is established that such person has
21violated or is violating the injunction, the court may punish
22the offender for contempt of court. Proceedings under this
23Section shall be in addition to, and not in lieu of, all other
24remedies and penalties provided by this Act.
25    (b) If any person practices shall practice as a



HB2517 Enrolled- 39 -LRB098 10264 MGM 40435 b

1veterinarian or hold himself or herself out as a veterinarian
2without being licensed under the provision of this Act then any
3licensed veterinarian, any interested party or any person
4injured thereby may, in addition to the Secretary, petition for
5relief as provided in subsection (a) of this Section.
6    (c) Whenever in the opinion of the Department any person
7violates any provision of this Act, the Department may issue a
8rule to show cause why an order to cease and desist should not
9be entered against him or her. The rule shall clearly set forth
10the grounds relied upon by the Department and shall provide a
11period of 7 days from the date of the rule to file an answer to
12the satisfaction of the Department. Failure to answer to the
13satisfaction of the Department shall cause an order to cease
14and desist to be issued forthwith.
15(Source: P.A. 96-1322, eff. 7-27-10.)
16    (225 ILCS 115/25.2)  (from Ch. 111, par. 7025.2)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 25.2. Investigation; notice and hearing. The
19Department may investigate the actions of any applicant or of
20any person or persons holding or claiming to hold a license or
21certificate. The Department shall, before refusing to issue, to
22renew or discipline a license or certificate under Section 25,
23at least 30 days prior to the date set for the hearing, notify
24the applicant or licensee in writing the applicant for, or
25holder of, a license or certificate of the nature of the



HB2517 Enrolled- 40 -LRB098 10264 MGM 40435 b

1charges and the time and place for that a hearing will be held
2on the charges date designated. The Department shall direct the
3applicant, certificate holder, or licensee to file a written
4answer to the charges with to the Board under oath within 20
5days after the service of the notice and inform the applicant,
6certificate holder, or licensee that failure to file an answer
7will result in default being taken against the applicant,
8certificate holder, or licensee. At the time and place fixed in
9the notice, the Department shall proceed to hear the charges
10and the parties or their counsel shall be accorded ample
11opportunity to present any pertinent statements, testimony,
12evidence, and arguments. The Department may continue the
13hearing from time to time. In case the person, after receiving
14the notice, fails to file an answer, his or her license may, in
15the discretion of the Department, be revoked, suspended, placed
16on probationary status, or the Department may take whatever
17disciplinary action considered proper, including limiting the
18scope, nature, or extent of the person's practice or the
19imposition of a fine, without a hearing, if the act or acts
20charged constitute sufficient grounds for that action under the
21Act. The written notice and any notice in the subsequent
22proceeding may be served by registered or certified mail to the
23licensee's address of record. and that the license or
24certificate may be suspended, revoked, placed on probationary
25status, or other disciplinary action may be taken, including
26limiting the scope, nature or extent of practice, as the



HB2517 Enrolled- 41 -LRB098 10264 MGM 40435 b

1Secretary may deem proper. Written notice may be served by
2personal delivery or certified or registered mail to the
3respondent at the address of his last notification to the
4Department. In case the person fails to file an answer after
5receiving notice, his or her license or certificate may, in the
6discretion of the Department, be suspended, revoked, or placed
7on probationary status, or the Department may take whatever
8disciplinary action deemed proper, including limiting the
9scope, nature, or extent of the person's practice or the
10imposition of a fine, without a hearing, if the act or acts
11charged constitute sufficient grounds for such action under
12this Act. At the time and place fixed in the notice, the Board
13shall proceed to hear the charges and the parties or their
14counsel shall be accorded ample opportunity to present any
15statements, testimony, evidence, and argument pertinent to the
16charges or to their defense. The Board may continue a hearing
17from time to time.
18(Source: P.A. 96-1322, eff. 7-27-10.)
19    (225 ILCS 115/25.2a new)
20    Sec. 25.2a. Confidentiality. All information collected by
21the Department in the course of an examination or investigation
22of a licensee or applicant, including, but not limited to, any
23complaint against a licensee filed with the Department and
24information collected to investigate any such complaint, shall
25be maintained for the confidential use of the Department and



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1shall not be disclosed. The Department may not disclose the
2information to anyone other than law enforcement officials,
3other regulatory agencies that have an appropriate regulatory
4interest as determined by the Secretary, or to a party
5presenting a lawful subpoena to the Department. Information and
6documents disclosed to a federal, State, county, or local law
7enforcement agency shall not be disclosed by the agency for any
8purpose to any other agency or person. A formal complaint filed
9against a licensee by the Department or any order issued by the
10Department against a licensee or applicant shall be a public
11record, except as otherwise prohibited by law.
12    (225 ILCS 115/25.3)  (from Ch. 111, par. 7025.3)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 25.3. Records of proceedings. The Department, at its
15expense, shall preserve a record of all proceedings at the
16formal hearing of any case involving the refusal to issue,
17renew or discipline of a license or certificate. The notice of
18hearing, complaint and all other documents in the nature of
19pleadings and written motions filed in the proceedings, the
20transcript of testimony, the report of the Board and orders of
21the Department shall be the record of such proceeding. Any
22registrant who is found to have violated this Act or who fails
23to appear for a hearing to refuse to issue, restore, or renew a
24license or to discipline a licensee may be required by the
25Department to pay for the costs of the proceeding. These costs



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1are limited to costs for court reporters, transcripts, and
2witness attendance and mileage fees. All costs imposed under
3this Section shall be paid within 60 days after the effective
4date of the order imposing the fine.
5(Source: P.A. 88-424.)
6    (225 ILCS 115/25.4)  (from Ch. 111, par. 7025.4)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 25.4. The Department may shall have the power to
9subpoena and bring before it any person in this State and to
10take the oral or written testimony or compel the production of
11any books, papers, records, or any other documents that the
12Secretary or his or her designee deems relevant or material to
13an investigation or hearing conducted by the Department either
14orally or by deposition, or both, with the same fees and
15mileage and in the same manner as prescribed by law in judicial
16procedure in civil cases in courts of this State.
17    The Secretary, the designated hearing officer, any and
18every member of the Board, or a certified shorthand court
19reporter may shall have power to administer oaths to witnesses
20at any hearing which the Department conducts is authorized by
21law to conduct, and any other oaths required or authorized in
22any Act administered by the Department. Notwithstanding any
23other statute or Department rule to the contrary, all requests
24for testimony, production of documents or records shall be in
25accordance with this Act.



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1(Source: P.A. 96-1322, eff. 7-27-10.)
2    (225 ILCS 115/25.5)  (from Ch. 111, par. 7025.5)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 25.5. Any circuit court may, upon application of the
5Department or designee or of the applicant or licensee against
6whom proceedings upon Section 25 of this Act are pending, may
7enter an order requiring the attendance and testimony of
8witnesses and their testimony, and the production of relevant
9documents, papers, files, books and records in connection with
10any hearing or investigation. The court may compel obedience to
11its order by proceedings for contempt.
12(Source: P.A. 83-1016.)
13    (225 ILCS 115/25.6)  (from Ch. 111, par. 7025.6)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 25.6. Board Written report. At the conclusion of the
16hearing the Board shall present to the Secretary a written
17report of its findings of fact, conclusions of law, and
18recommendations. The report shall contain a finding whether or
19not the accused person violated this Act or failed to comply
20with the conditions required in this Act. The Board shall
21specify the nature of the violation or failure to comply, and
22shall make its recommendations to the Secretary.
23    The report of findings of fact, conclusions of law and
24recommendation of the Board shall be the basis for the



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1Department's order for refusing to issue, restore, or renew a
2license, or otherwise disciplining a licensee, or refusal or
3for the granting of a license, certificate, or permit. If the
4Secretary disagrees in any regard with the report of the Board,
5then the Secretary may issue an order in contravention thereof.
6The Secretary shall provide a written report to the Board on
7any deviation, and shall specify with particularity the reasons
8for the action in the final order. The finding is not
9admissible in evidence against the person in a criminal
10prosecution brought for the violation of this Act, but the
11hearing and finding are not a bar to a criminal prosecution
12brought for the violation of this Act.
13(Source: P.A. 96-1322, eff. 7-27-10.)
14    (225 ILCS 115/25.7)  (from Ch. 111, par. 7025.7)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 25.7. Motion for rehearing; procedure Procedure upon
17refusal to license or issue certificate. In any hearing case
18under Section 25 involving the refusal to issue, renew, or
19discipline a license or certificate, a copy of the Board's
20report shall be served upon the respondent by the Department,
21either personally or as provided in this Act for the service of
22the notice of hearing. Within 20 days after service, the
23respondent may present to the Department a motion in writing
24for a rehearing. The motion shall specify the particular
25grounds for the rehearing. If no motion for rehearing is filed,



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1then upon the expiration of the time specified for filing a
2motion, or if a motion for rehearing is denied, then upon the
3denial, then the Secretary may enter an order in accordance
4with recommendations of the Board except as provided in Section
525.6 of this Act. If the respondent orders from the reporting
6service, and pays for a transcript of the record within the
7time for filing a motion for rehearing, the 20 day period
8within which such a motion may be filed shall commence upon the
9delivery of the transcript to the respondent.
10(Source: P.A. 96-1322, eff. 7-27-10.)
11    (225 ILCS 115/25.8)  (from Ch. 111, par. 7025.8)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 25.8. Rehearing ordered by Secretary. Whenever the
14Secretary is not satisfied that substantial justice has not
15been done in the revocation, suspension, or refusal to issue or
16renew a license or certificate, the Secretary may order a
17rehearing by the Board or a designated hearing officer.
18(Source: P.A. 96-1322, eff. 7-27-10.)
19    (225 ILCS 115/25.9)  (from Ch. 111, par. 7025.9)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 25.9. Hearing officers; reports; review. The
22Notwithstanding the provisions of Section 25.2 of this Act, the
23Secretary shall have the authority to appoint any attorney duly
24licensed to practice law in the State of Illinois to serve as



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1the hearing officer in any action for refusal to issue, renew,
2or discipline of a license, certificate, or permit. The
3Secretary shall notify the Board of any appointment. The
4hearing officer shall have full authority to conduct the
5hearing. The hearing officer shall report his or her findings
6of fact, conclusions of law, and recommendations to the Board
7and the Secretary. The Board shall have 60 days from receipt of
8the report to review the report of the hearing officer and
9present its findings of fact, conclusions of law, and
10recommendations to the Secretary. If the Board fails to present
11its report within the 60 day period, then the Secretary may
12issue an order based on the report of the hearing officer. If
13the Secretary disagrees in any regard with the recommendation
14report of the Board or hearing officer, then the Secretary may
15issue an order in contravention of the report. The Secretary
16shall provide a written explanation to the Board on any
17deviation, and shall specify with particularity the reasons for
18the action in the final order. At least 2 licensed veterinarian
19members of the Board should be present at all formal hearings
20on the merits of complaints brought under the provisions of
21this Act.
22(Source: P.A. 96-1322, eff. 7-27-10.)
23    (225 ILCS 115/25.10)  (from Ch. 111, par. 7025.10)
24    (Section scheduled to be repealed on January 1, 2014)
25    Sec. 25.10. Order or certified copy; prima facie proof. An



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1order or a certified copy thereof, over the seal of the
2Department and purporting to be signed by the Secretary, shall
3be prima facie proof that:
4        (a) the signature is the genuine signature of the
5    Secretary; and
6        (b) the Secretary is duly appointed and qualified. ;
7    and
8        (c) the Board and the members thereof are qualified to
9    act.
10(Source: P.A. 96-1322, eff. 7-27-10.)
11    (225 ILCS 115/25.11)  (from Ch. 111, par. 7025.11)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 25.11. Restoration of license or certificate from
14discipline. At any time after successful completion of a term
15of indefinite probation, suspension, or revocation of a
16license, the Department may restore the license, unless, after
17an investigation and a hearing, the Secretary determines that
18restoration is not in the public interest or that the licensee
19has not been sufficiently rehabilitated to warrant the public
20trust. No person or entity whose license, certificate, or
21authority has been revoked as authorized in this Act may apply
22for restoration of that license, certification, or authority
23until such time as provided for in the Civil Administrative
24Code of Illinois. the suspension or revocation of any license
25or certificate, the Department may restore it to the accused



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1person, upon the written recommendation of the Board unless
2after an investigation and a hearing, the Department determines
3that restoration is not in the public interest.
4(Source: P.A. 88-424.)
5    (225 ILCS 115/25.13)  (from Ch. 111, par. 7025.13)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 25.13. Summary suspension. The Secretary may
8summarily temporarily suspend the license of a licensee
9veterinarian without a hearing, simultaneously with the
10institution of proceedings for a hearing provided for in
11Section 25.2 of this Act, if the Secretary finds that the
12evidence in his possession indicates that a licensee's
13veterinarian's continuation in practice would constitute an
14imminent danger to the public. In the event that the Secretary
15summarily suspends, temporarily, the license of a veterinarian
16without a hearing, a hearing shall be commenced by the Board
17must be held within 30 days after such suspension has occurred
18and shall be concluded as expeditiously as possible.
19(Source: P.A. 96-1322, eff. 7-27-10.)
20    (225 ILCS 115/25.14)  (from Ch. 111, par. 7025.14)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 25.14. All final administrative decisions of the
23Department are subject to judicial review pursuant to the
24provisions of the Administrative Review Law, as now or



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1hereafter amended, and all rules adopted pursuant thereto. The
2term "administrative decision" is defined as in Section 3-101
3of the Code of Civil Procedure.
4    Proceedings for judicial review shall be commenced in the
5circuit court of the county in which the party applying for
6review resides; but if the party is not a resident of this
7State, venue shall be Sangamon County.
8(Source: P.A. 83-101.)
9    (225 ILCS 115/25.15)  (from Ch. 111, par. 7025.15)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 25.15. Certification of record. The Department shall
12not be required to certify any record to the Court or file any
13answer in court or otherwise appear in any court in a judicial
14review proceeding, unless and until the Department has received
15from the plaintiff there is filed in the court, with the
16complaint, a receipt from the Department acknowledging payment
17of the costs of furnishing and certifying the record, which
18costs shall be determined by the Department. Exhibits shall be
19certified without cost. Failure on the part of the plaintiff to
20file a receipt in Court shall be grounds for dismissal of the
22(Source: P.A. 87-1031.)
23    (225 ILCS 115/25.16)  (from Ch. 111, par. 7025.16)
24    (Section scheduled to be repealed on January 1, 2014)



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1    Sec. 25.16. Any person who is found to have violated any
2provision of this Act is guilty of a Class A misdemeanor for
3the first offense. On conviction of a second or subsequent
4offense, the violator shall be guilty of a Class 4 felony. All
5criminal fines, monies, or other property collected or received
6by the Department under this Section or any other State or
7federal statute, including, but not limited to, property
8forfeited to the Department under Section 505 of The Illinois
9Controlled Substances Act or Section 85 of the Methamphetamine
10Control and Community Protection Act, shall be deposited into
11the Professional Regulation Evidence Fund.
12(Source: P.A. 94-556, eff. 9-11-05.)
13    (225 ILCS 115/25.18)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 25.18. Civil penalties for unlicensed practice
17    (a) In addition to any other penalty provided by law, any
18person who violates Section 5 of this Act or any other
19provision of this Act shall, in addition to any other penalty
20provided by law, forfeit and pay a civil penalty to the
21Department in an amount not to exceed $10,000 for each offense
22as determined by the Department and the assessment of costs as
23provided for in Section 25.3. The civil penalty shall be
24assessed by the Department after a hearing is held in
25accordance with the provisions set forth in this Act Section



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125.3 through Section 25.10 and Section 25.14.
2    (b) The Department has the authority and power to
3investigate any and all unlicensed activity.
4    (c) The civil penalty shall be paid within 60 days after
5the effective date of the order imposing the civil penalty. The
6order shall constitute a judgment and may be filed and
7execution had thereon in the same manner as any judgment from
8any court of record.
9    (d) All monies collected under this Section shall be
10deposited into the Professional Regulation Evidence Fund.
11(Source: P.A. 96-1322, eff. 7-27-10.)
12    (225 ILCS 115/26)  (from Ch. 111, par. 7026)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 26. Home rule. The regulation and licensing as a
15veterinarian are exclusive powers and functions of the State. A
16home rule unit may not regulate or license a veterinarian or
17the practice of veterinary medicine. This Section is a denial
18and limitation of home rule powers and functions under
19subsection (h) of Section 6 of Article VII of the Illinois
20Constitution. It is declared to be the public policy of this
21State, pursuant to paragraphs (h) and (i) of Section 6 of
22Article VII of the Illinois Constitution of 1970, that any
23power or function set forth in this Act to be exercised by the
24State is an exclusive State power or function. Such power or
25function shall not be exercised concurrently, either directly



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1or indirectly, by any unit of local government, including home
2rule units, except as otherwise provided in this Act.
3(Source: P.A. 90-655, eff. 7-30-98.)
4    (225 ILCS 115/27)  (from Ch. 111, par. 7027)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 27. Administrative Procedure Act. The Illinois
7Administrative Procedure Act is hereby expressly adopted and
8incorporated into this Act as if all of the provisions of that
9Act were included in this Act, except that the provision of
10subsection (d) of Section 10-65 of the Illinois Administrative
11Procedure Act that provides that at hearings the licensee or
12certificate holder has the right to show compliance with all
13lawful requirements for retention, continuation, or renewal of
14the license or certificate is specifically excluded. For the
15purpose of this Act the notice required under Section 10-25 of
16the Illinois Administrative Procedure Act is considered
17sufficient when mailed to the last known address of record. a
19(Source: P.A. 88-45; 88-424; 88-670, eff. 12-2-94.)
20    (225 ILCS 115/14.2 rep.)
21    (225 ILCS 115/15 rep.)
22    (225 ILCS 115/19 rep.)
23    (225 ILCS 115/20 rep.)
24    Section 15. The Veterinary Medicine and Surgery Practice



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1Act of 2004 is amended by repealing Sections 14.2, 15, 19, and
3    Section 99. Effective date. This Act takes effect December
431, 2013.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 115/3from Ch. 111, par. 7003
6    225 ILCS 115/4from Ch. 111, par. 7004
7    225 ILCS 115/5from Ch. 111, par. 7005
8    225 ILCS 115/6from Ch. 111, par. 7006
9    225 ILCS 115/7from Ch. 111, par. 7007
10    225 ILCS 115/12from Ch. 111, par. 7012
11    225 ILCS 115/13from Ch. 111, par. 7013
12    225 ILCS 115/14from Ch. 111, par. 7014
13    225 ILCS 115/16from Ch. 111, par. 7016
14    225 ILCS 115/19.1 new
15    225 ILCS 115/24from Ch. 111, par. 7024
16    225 ILCS 115/25from Ch. 111, par. 7025
17    225 ILCS 115/25.1from Ch. 111, par. 7025.1
18    225 ILCS 115/25.2from Ch. 111, par. 7025.2
19    225 ILCS 115/25.2a new
20    225 ILCS 115/25.3from Ch. 111, par. 7025.3
21    225 ILCS 115/25.4from Ch. 111, par. 7025.4
22    225 ILCS 115/25.5from Ch. 111, par. 7025.5
23    225 ILCS 115/25.6from Ch. 111, par. 7025.6
24    225 ILCS 115/25.7from Ch. 111, par. 7025.7
25    225 ILCS 115/25.8from Ch. 111, par. 7025.8



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1    225 ILCS 115/25.9from Ch. 111, par. 7025.9
2    225 ILCS 115/25.10from Ch. 111, par. 7025.10
3    225 ILCS 115/25.11from Ch. 111, par. 7025.11
4    225 ILCS 115/25.13from Ch. 111, par. 7025.13
5    225 ILCS 115/25.14from Ch. 111, par. 7025.14
6    225 ILCS 115/25.15from Ch. 111, par. 7025.15
7    225 ILCS 115/25.16from Ch. 111, par. 7025.16
8    225 ILCS 115/25.18
9    225 ILCS 115/26from Ch. 111, par. 7026
10    225 ILCS 115/27from Ch. 111, par. 7027
11    225 ILCS 115/14.2 rep.
12    225 ILCS 115/15 rep.
13    225 ILCS 115/19 rep.
14    225 ILCS 115/20 rep.