Full Text of HB1697 97th General Assembly
HB1697ham003 97TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 2/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1697
| 2 | | AMENDMENT NO. ______. Amend House Bill 1697, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Veterinary Medicine and Surgery Practice | 6 | | Act of 2004 is amended by changing Section 4 as follows:
| 7 | | (225 ILCS 115/4) (from Ch. 111, par. 7004)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 4. Exemptions. Nothing in this Act shall apply to any | 10 | | of the
following:
| 11 | | (1) Veterinarians employed by the federal or State | 12 | | government while
engaged in their official duties.
| 13 | | (2) Licensed veterinarians from other states who are | 14 | | invited to Illinois
for consultation by a veterinarian | 15 | | licensed in Illinois.
| 16 | | (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 | | (A) Notwithstanding this subsection, any of the | 25 | | services shall comply with the Humane Care for Animals | 26 | | Act and the Horse Mutilation Act. |
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| 1 | | (B) Notwithstanding this subsection, no person | 2 | | shall dock the tail of any living member of the bovine | 3 | | species except as in accordance with Section 3.03-5 of | 4 | | the Humane Care for Animals Act.
| 5 | | (8) An owner of an animal, or an agent of the owner | 6 | | acting with the
owner's approval, in caring for, training, | 7 | | or treating an animal belonging to
the owner, so long as | 8 | | that individual or agent does not represent himself or
| 9 | | herself as a veterinarian or use any title associated with | 10 | | the practice of
veterinary medicine or surgery or diagnose, | 11 | | prescribe drugs, or perform
surgery. The agent shall | 12 | | provide the owner with a written statement
summarizing the | 13 | | nature of the services provided and obtain a signed
| 14 | | acknowledgment from the owner that they accept the services | 15 | | provided. The
services shall comply with the Humane Care | 16 | | for Animals Act. The provisions of
this item (8) do not | 17 | | apply to a person who is exempt under item (7).
| 18 | | (9) A member in good standing of another licensed or | 19 | | regulated profession
within any state or a member of an | 20 | | organization or group approved by the
Department by rule | 21 | | providing assistance that is requested in writing by a | 22 | | veterinarian
licensed in this State acting within a | 23 | | veterinarian-client-patient relationship and with informed | 24 | | consent from the client and the member is acting
under the | 25 | | immediate, direct, or indirect supervision and control of | 26 | | the licensed
veterinarian. Providing assistance involves |
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| 1 | | hands-on active participation in
the treatment and care of | 2 | | the patient, as defined by rule. The licensed
veterinarian | 3 | | shall maintain responsibility for the | 4 | | veterinarian-client-patient
relationship, but shall be | 5 | | immune from liability, except for willful and wanton | 6 | | conduct, in any civil or criminal action if a member | 7 | | providing assistance does not meet the requirements of this | 8 | | item (9).
| 9 | | (10) A graduate of a non-accredited college of | 10 | | veterinary medicine who is
in
the process of obtaining a | 11 | | certificate of educational equivalence and is
performing | 12 | | duties or actions assigned by instructors in an approved | 13 | | college of
veterinary medicine.
| 14 | | (10.5) A veterinarian who is enrolled in a postgraduate | 15 | | instructional program in an accredited college of | 16 | | veterinary medicine performing duties or actions assigned | 17 | | by instructors or working under the immediate or direct | 18 | | supervision of a licensed veterinarian or a faculty member | 19 | | of the College of Veterinary Medicine at the University of | 20 | | Illinois.
| 21 | | (11) A certified euthanasia technician who is | 22 | | authorized to perform
euthanasia in the course and scope of | 23 | | his or her employment only as permitted by the Humane | 24 | | Euthanasia in Animal Shelters Act.
| 25 | | (12) A person who, without expectation of | 26 | | compensation, provides emergency
veterinary care in an |
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| 1 | | emergency or disaster situation so long as he or she does
| 2 | | not represent himself or herself as a veterinarian or use a | 3 | | title or degree
pertaining to the practice of veterinary | 4 | | medicine and surgery.
| 5 | | (13) Any certified veterinary technician or other | 6 | | employee of a licensed
veterinarian performing permitted | 7 | | duties other than diagnosis, prognosis, prescription,
or | 8 | | surgery under the appropriate direction and supervision of | 9 | | the veterinarian, who shall
be responsible for the | 10 | | performance of the employee.
| 11 | | (13.5) Any pharmacist licensed in the State, merchant, | 12 | | or manufacturer selling at his or her regular place of | 13 | | business medicines, feed, appliances, or other products | 14 | | used in the prevention or treatment of animal diseases as | 15 | | permitted by law and provided that the services he or she | 16 | | provides do not include diagnosing, prognosing, writing | 17 | | prescriptions, or surgery.
| 18 | | (14) An approved humane investigator regulated under | 19 | | the Humane Care for
Animals Act or employee of a shelter | 20 | | licensed under the Animal Welfare Act,
working under the | 21 | | indirect supervision of a licensed veterinarian.
| 22 | | (15) An individual providing equine dentistry services | 23 | | requested by a
veterinarian licensed to practice in this | 24 | | State, an owner, or an owner's agent.
For the purposes of | 25 | | this item (15), "equine dentistry services" means floating
| 26 | | teeth without the use of drugs or extraction.
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| 1 | | (15.5) In the event of an emergency or disaster, a | 2 | | veterinarian or veterinary technician not licensed in this | 3 | | State who (A) is responding to a request for assistance | 4 | | from the Illinois Department of Agriculture, the Illinois | 5 | | Department of Public Health, the Illinois Emergency | 6 | | Management Agency, or other State agency as determined by | 7 | | the Department; (B) is licensed and in good standing in | 8 | | another state; and (C) has been granted a temporary waiver | 9 | | from licensure by the Department.
| 10 | | (16) Private treaty sale of animals unless otherwise | 11 | | provided by law.
| 12 | | (17) Persons or entities practicing the specified | 13 | | occupations set forth in subsection (a) of, and pursuant to | 14 | | a licensing exemption granted in subsection (b) or (d) of, | 15 | | Section 2105-350 of the Department of Professional | 16 | | Regulation Law of the Civil Administrative Code of | 17 | | Illinois, but only for so long as the 2016 Olympic and | 18 | | Paralympic Games Professional Licensure Exemption Law is | 19 | | operable. | 20 | | (Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
| 21 | | Section 10. The Humane Care for Animals Act is amended by | 22 | | adding Section 3.03-5 as follows: | 23 | | (510 ILCS 70/3.03-5 new) | 24 | | Sec. 3.03-5. Bovine tail docking. |
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| 1 | | (a) As used in this Section: | 2 | | "Cattle" means any living member of the bovine species. | 3 | | "Dock" means to cut or remove any portion of the solid | 4 | | part of an animal's tail. | 5 | | "Therapeutic" means for the purpose of treating a sick | 6 | | or injured animal where that treatment is deemed medically | 7 | | necessary by a licensed veterinarian and is not merely | 8 | | prophylactic. | 9 | | (b) Notwithstanding any provision of the law to the | 10 | | contrary, no person shall dock the tail of any cattle or | 11 | | procure the same to be done. | 12 | | (c) Notwithstanding subsection (b) of this Section, cattle | 13 | | tail docking may be performed if: | 14 | | (1) the procedure is performed for a therapeutic | 15 | | purpose; | 16 | | (2) the procedure is performed by a licensed | 17 | | veterinarian using suitable instruments and under hygienic | 18 | | conditions; | 19 | | (3) the cattle has been adequately anesthetized to | 20 | | minimize the animal's pain and suffering during the | 21 | | operation; and | 22 | | (4) the procedure is conducted in a way as to minimize | 23 | | any long-term pain and suffering of the animal. | 24 | | (d) Any person who violates this Section is guilty of a | 25 | | Class C misdemeanor and shall pay a fine not to exceed $500 for | 26 | | each animal whose tail was docked.
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| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes. | 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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