Full Text of HB4391 95th General Assembly
HB4391ham001 95TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 3/4/2008
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LRB095 16910 MJR 47182 a |
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| AMENDMENT TO HOUSE BILL 4391
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| AMENDMENT NO. ______. Amend House Bill 4391 on page 1, line | 3 |
| 11, by replacing "licensed dentists," with "licensed dentists, | 4 |
| licensed veterinarians,"; and
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| on page 53, immediately below line 12, by inserting the | 6 |
| following: | 7 |
| "Section 120. The Veterinary Medicine and Surgery Practice | 8 |
| Act of 2004 is amended by changing Section 25 as follows:
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| (225 ILCS 115/25) (from Ch. 111, par. 7025)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 25. Disciplinary actions.
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| 1. The Department may refuse to issue or renew, or may | 13 |
| revoke,
suspend, place on probation, reprimand, or take other | 14 |
| disciplinary
action as the Department may deem appropriate, | 15 |
| including fines not to
exceed $1,000 for each violation, with |
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LRB095 16910 MJR 47182 a |
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| regard to any
license or certificate for any one or combination | 2 |
| of the following:
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| A. Material misstatement in furnishing information to | 4 |
| the
Department.
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| B. Violations of this Act, or of the rules promulgated | 6 |
| under this Act.
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| C. Conviction of any crime under the laws of the United | 8 |
| States or any
state or territory of the United States that | 9 |
| is a felony or that is a
misdemeanor, an essential element | 10 |
| of which is dishonesty, or of any crime that
is directly | 11 |
| related to the practice of the profession.
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| D. Making any misrepresentation for the purpose of | 13 |
| obtaining licensure or
certification, or violating any | 14 |
| provision of this Act or the rules promulgated
under this | 15 |
| Act pertaining to advertising.
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| E. Professional incompetence.
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| F. Gross malpractice.
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| G. Aiding or assisting another person in violating any | 19 |
| provision of this
Act or rules.
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| H. Failing, within 60 days, to provide information in | 21 |
| response to a
written request made by the Department.
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| I. Engaging in dishonorable, unethical, or | 23 |
| unprofessional conduct of a
character likely to deceive, | 24 |
| defraud or harm the public.
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| J. Habitual or excessive use or addiction to alcohol, | 26 |
| narcotics,
stimulants, or any other chemical agent or drug |
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| that results in the inability
to practice with reasonable | 2 |
| judgment, skill, or safety.
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| K. Discipline by another state, District of Columbia, | 4 |
| territory, or
foreign nation, if at least one of the | 5 |
| grounds for the discipline is the same
or substantially | 6 |
| equivalent to those set forth herein.
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| L. Directly or indirectly giving to or receiving from | 8 |
| any person, firm,
corporation, partnership or association | 9 |
| any fee, commission, rebate or other
form of compensation | 10 |
| for professional services not actually or personally
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| rendered.
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| M. A finding by the Board that the licensee or | 13 |
| certificate holder,
after having his license or | 14 |
| certificate placed on probationary status, has
violated | 15 |
| the terms of probation.
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| N. Willfully making or filing false records or reports | 17 |
| in his practice,
including but not limited to false records | 18 |
| filed with State agencies or
departments.
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| O. Physical illness, including but not limited to, | 20 |
| deterioration through
the aging process, or loss of motor | 21 |
| skill which results in the inability
to practice the | 22 |
| profession with reasonable judgement, skill or safety.
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| P. Solicitation of professional services other than | 24 |
| permitted
advertising.
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| Q. Having professional connection with or lending | 26 |
| one's name, directly
or indirectly, to any illegal |
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| practitioner of veterinary medicine and surgery
and the | 2 |
| various branches thereof.
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| R. Conviction of or cash compromise of a charge or | 4 |
| violation of the
Harrison Act or the Illinois Controlled | 5 |
| Substances Act, regulating narcotics.
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| S. Fraud or dishonesty in applying, treating, or | 7 |
| reporting on
tuberculin or other biological tests.
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| T. Failing to report, as required by law, or making | 9 |
| false report of any
contagious or infectious diseases.
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| U. Fraudulent use or misuse of any health certificate, | 11 |
| shipping
certificate, brand inspection certificate, or | 12 |
| other blank forms used in
practice that might lead to the | 13 |
| dissemination of disease or the transportation
of diseased | 14 |
| animals dead or alive; or dilatory methods, willful | 15 |
| neglect, or
misrepresentation in the inspection of milk, | 16 |
| meat, poultry, and the by-products
thereof.
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| V. Conviction on a charge of cruelty to animals.
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| W. Failure to keep one's premises and all equipment | 19 |
| therein in a clean
and sanitary condition.
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| X. Failure to provide satisfactory proof of having | 21 |
| participated in
approved continuing education programs.
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| Y. Failure to (i) file a return, (ii) pay the tax, | 23 |
| penalty, or interest
shown in a filed return, or (iii) pay | 24 |
| any final assessment of tax, penalty, or
interest, as | 25 |
| required by any tax Act administered by the Illinois | 26 |
| Department of
Revenue, until the requirements of that tax |
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| Act are satisfied.
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| Z. Conviction by any court of competent jurisdiction, | 3 |
| either within or
outside this State, of any violation of | 4 |
| any law governing the practice of
veterinary medicine, if | 5 |
| the Department determines, after investigation, that
the | 6 |
| person has not been sufficiently rehabilitated to warrant | 7 |
| the public trust.
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| AA. Promotion of the sale of drugs, devices, | 9 |
| appliances, or goods provided
for a patient in any manner | 10 |
| to exploit the client for financial gain of the
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| veterinarian.
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| BB. Gross, willful, or continued overcharging for | 13 |
| professional services,
including filing false statements | 14 |
| for collection of fees for which services are
not rendered.
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| CC. Practicing under a false or, except as provided by | 16 |
| law, an assumed
name.
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| DD. Fraud or misrepresentation in applying for, or | 18 |
| procuring, a license
under this Act or in connection with | 19 |
| applying for renewal of a license under
this Act.
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| EE. Cheating on or attempting to subvert the licensing | 21 |
| examination
administered under this Act.
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| FF. Using, prescribing, or selling a prescription drug | 23 |
| or the
extra-label use of a prescription drug by any means | 24 |
| in the absence of a valid
veterinarian-client-patient | 25 |
| relationship.
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| GG. Failing to report a case of suspected aggravated |
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| cruelty, torture,
or
animal fighting pursuant to Section | 2 |
| 3.07 or 4.01 of the Humane Care for
Animals Act or Section | 3 |
| 26-5 of the Criminal Code of 1961.
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| HH. Violating any provision of the Internet | 5 |
| Prescribing Prohibition Act. | 6 |
| 2. The determination by a circuit court that a licensee or | 7 |
| certificate
holder is subject to involuntary admission or | 8 |
| judicial admission as provided in
the Mental Health and | 9 |
| Developmental Disabilities Code operates as an automatic
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| suspension. The suspension will end only upon a finding by a | 11 |
| court that the
patient is no longer subject to involuntary | 12 |
| admission or judicial admission and
issues an order so finding | 13 |
| and discharging the patient; and upon the
recommendation of the | 14 |
| Board to the Director that the licensee or certificate
holder | 15 |
| be allowed to resume his practice.
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| 3. All proceedings to suspend, revoke, place on | 17 |
| probationary status, or
take any other disciplinary action as | 18 |
| the Department may deem proper, with
regard to a license or | 19 |
| certificate on any of the foregoing grounds, must be
commenced | 20 |
| within 3 years after receipt by the Department of a complaint
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| alleging the commission of or notice of the conviction order | 22 |
| for any of the
acts described in this Section. Except for | 23 |
| proceedings brought for violations
of items (CC), (DD), or | 24 |
| (EE), no action shall be commenced more than 5 years
after the | 25 |
| date of the incident or act alleged to have violated this | 26 |
| Section.
In the event of the settlement of any claim or cause |
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| of action in favor of the
claimant or the reduction to final | 2 |
| judgment of any civil action in favor of the
plaintiff, the | 3 |
| claim, cause of action, or civil action being grounded on the
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| allegation that a person licensed or certified under this Act | 5 |
| was negligent in
providing care, the Department shall have an | 6 |
| additional period of one year from
the date of the settlement | 7 |
| or final judgment in which to investigate and begin
formal | 8 |
| disciplinary proceedings under Section 25.2 of this Act, except | 9 |
| as
otherwise provided by law. The time during which the holder | 10 |
| of the license or
certificate was outside the State of Illinois | 11 |
| shall not be included within any
period of time limiting the | 12 |
| commencement of disciplinary action by the
Department.
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| 4. The Department may refuse to issue or take disciplinary | 14 |
| action
concerning
the license of any person who fails to file a | 15 |
| return, to pay the tax, penalty,
or interest
shown in a filed | 16 |
| return, or to pay any final assessment of tax, penalty, or
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| interest as
required by any tax Act administered by the | 18 |
| Department of Revenue, until such
time as
the requirements of | 19 |
| any such tax Act are satisfied as determined by the
Department | 20 |
| of
Revenue.
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| 5. In enforcing this Section, the Board, upon a showing of | 22 |
| a possible
violation, may compel a licensee or applicant to | 23 |
| submit to a mental or physical
examination, or both, as | 24 |
| required by and at the expense of the Department. The
examining | 25 |
| physicians or clinical psychologists shall be those | 26 |
| specifically
designated by the Board. The Board or the |
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| Department may order (i) the
examining physician to present | 2 |
| testimony concerning the mental or physical
examination of a | 3 |
| licensee or applicant or (ii) the examining clinical
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| psychologist to present testimony concerning the mental | 5 |
| examination of a
licensee or applicant. No information shall be | 6 |
| excluded by reason of any common
law or statutory privilege | 7 |
| relating to communications between a licensee or
applicant and | 8 |
| the examining physician or clinical psychologist. An | 9 |
| individual
to be examined may have, at his or her own expense, | 10 |
| another physician or
clinical psychologist of his or her choice | 11 |
| present during all aspects of the
examination. Failure of an | 12 |
| individual to submit to a mental or physical
examination, when | 13 |
| directed, is grounds for suspension of his or her license.
The | 14 |
| license must remain suspended until the person submits to the | 15 |
| examination
or the Board finds, after notice and hearing, that | 16 |
| the refusal to submit to the
examination was with reasonable | 17 |
| cause.
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| If the Board finds an individual unable to practice because | 19 |
| of the reasons
set forth in this Section, the Board must | 20 |
| require the individual to submit to
care, counseling, or | 21 |
| treatment by a physician or clinical psychologist approved
by | 22 |
| the Board, as a condition, term, or restriction for continued, | 23 |
| reinstated,
or renewed licensure to practice. In lieu of care, | 24 |
| counseling, or treatment,
the Board may recommend that the | 25 |
| Department file a complaint to immediately
suspend or revoke | 26 |
| the license of the individual or otherwise discipline the
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| licensee.
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| Any individual whose license was granted, continued, | 3 |
| reinstated, or renewed
subject to conditions, terms, or | 4 |
| restrictions, as provided for in this Section,
or any | 5 |
| individual who was disciplined or placed on supervision | 6 |
| pursuant to this
Section must be referred to the Director for a | 7 |
| determination as to whether the
person shall have his or her | 8 |
| license suspended immediately, pending a hearing
by the Board.
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| (Source: P.A. 93-281, eff. 12-31-03.)".
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