Full Text of SB3590 97th General Assembly
SB3590 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3590 Introduced 2/10/2012, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED: |
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225 ILCS 115/25 | from Ch. 111, par. 7025 |
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Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that it is grounds for discipline if any person with a license or certification under the Act charges in excess of $250 without an express prior authorization for services performed on an animal. Effective immediately.
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| | A BILL FOR |
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| | | SB3590 | | LRB097 19862 CEL 65144 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Veterinary Medicine and Surgery Practice Act | 5 | | of 2004 is amended by changing Section 25 as follows:
| 6 | | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 25. Disciplinary actions.
| 9 | | 1. The Department may refuse to issue or renew, or may | 10 | | revoke,
suspend, place on probation, reprimand, or take other | 11 | | disciplinary
action as the Department may deem appropriate, | 12 | | including fines not to
exceed $1,000 for each violation, with | 13 | | regard to any
license or certificate for any one or combination | 14 | | of the following:
| 15 | | A. Material misstatement in furnishing information to | 16 | | the
Department.
| 17 | | B. Violations of this Act, or of the rules adopted | 18 | | pursuant to this Act.
| 19 | | C. Conviction of any crime under the laws of the United | 20 | | States or any
state or territory of the United States that | 21 | | is a felony or that is a
misdemeanor, an essential element | 22 | | of which is dishonesty, or of any crime that
is directly | 23 | | related to the practice of the profession.
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| 1 | | D. Making any misrepresentation for the purpose of | 2 | | obtaining licensure or
certification, or violating any | 3 | | provision of this Act or the rules adopted pursuant to this | 4 | | Act pertaining to advertising.
| 5 | | E. Professional incompetence.
| 6 | | F. Gross malpractice.
| 7 | | G. Aiding or assisting another person in violating any | 8 | | provision of this
Act or rules.
| 9 | | H. Failing, within 60 days, to provide information in | 10 | | response to a
written request made by the Department.
| 11 | | I. Engaging in dishonorable, unethical, or | 12 | | unprofessional conduct of a
character likely to deceive, | 13 | | defraud, or harm the public.
| 14 | | J. Habitual or excessive use or addiction to alcohol, | 15 | | narcotics,
stimulants, or any other chemical agent or drug | 16 | | that results in the inability
to practice with reasonable | 17 | | judgment, skill, or safety.
| 18 | | K. Discipline by another state, District of Columbia, | 19 | | territory, or
foreign nation, if at least one of the | 20 | | grounds for the discipline is the same
or substantially | 21 | | equivalent to those set forth herein.
| 22 | | L. Directly or indirectly giving to or receiving from | 23 | | any person, firm,
corporation, partnership or association | 24 | | any fee, commission, rebate, or other
form of compensation | 25 | | for professional services not actually or personally
| 26 | | rendered.
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| 1 | | M. A finding by the Board that the licensee or | 2 | | certificate holder,
after having his license or | 3 | | certificate placed on probationary status, has
violated | 4 | | the terms of probation.
| 5 | | N. Willfully making or filing false records or reports | 6 | | in his practice,
including but not limited to false records | 7 | | filed with State agencies or
departments.
| 8 | | O. Physical illness, including but not limited to, | 9 | | deterioration through
the aging process, or loss of motor | 10 | | skill which results in the inability
to practice the | 11 | | profession with reasonable judgment, skill, or safety.
| 12 | | P. Solicitation of professional services other than | 13 | | permitted
advertising.
| 14 | | Q. Having professional connection with or lending | 15 | | one's name, directly
or indirectly, to any illegal | 16 | | practitioner of veterinary medicine and surgery
and the | 17 | | various branches thereof.
| 18 | | R. Conviction of or cash compromise of a charge or | 19 | | violation of the
Harrison Act or the Illinois Controlled | 20 | | Substances Act, regulating narcotics.
| 21 | | S. Fraud or dishonesty in applying, treating, or | 22 | | reporting on
tuberculin or other biological tests.
| 23 | | T. Failing to report, as required by law, or making | 24 | | false report of any
contagious or infectious diseases.
| 25 | | U. Fraudulent use or misuse of any health certificate, | 26 | | shipping
certificate, brand inspection certificate, or |
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| 1 | | other blank forms used in
practice that might lead to the | 2 | | dissemination of disease or the transportation
of diseased | 3 | | animals dead or alive; or dilatory methods, willful | 4 | | neglect, or
misrepresentation in the inspection of milk, | 5 | | meat, poultry, and the by-products
thereof.
| 6 | | V. Conviction on a charge of cruelty to animals.
| 7 | | W. Failure to keep one's premises and all equipment | 8 | | therein in a clean
and sanitary condition.
| 9 | | X. Failure to provide satisfactory proof of having | 10 | | participated in
approved continuing education programs.
| 11 | | Y. Failure to (i) file a return, (ii) pay the tax, | 12 | | penalty, or interest
shown in a filed return, or (iii) pay | 13 | | any final assessment of tax, penalty, or
interest, as | 14 | | required by any tax Act administered by the Illinois | 15 | | Department of
Revenue, until the requirements of that tax | 16 | | Act are satisfied.
| 17 | | Z. Conviction by any court of competent jurisdiction, | 18 | | either within or
outside this State, of any violation of | 19 | | any law governing the practice of
veterinary medicine, if | 20 | | the Department determines, after investigation, that
the | 21 | | person has not been sufficiently rehabilitated to warrant | 22 | | the public trust.
| 23 | | AA. Promotion of the sale of drugs, devices, | 24 | | appliances, or goods provided
for a patient in any manner | 25 | | to exploit the client for financial gain of the
| 26 | | veterinarian.
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| 1 | | BB. Gross, willful, or continued overcharging for | 2 | | professional services,
including filing false statements | 3 | | for collection of fees for which services are
not rendered.
| 4 | | CC. Practicing under a false or, except as provided by | 5 | | law, an assumed
name.
| 6 | | DD. Fraud or misrepresentation in applying for, or | 7 | | procuring, a license
under this Act or in connection with | 8 | | applying for renewal of a license under
this Act.
| 9 | | EE. Cheating on or attempting to subvert the licensing | 10 | | examination
administered under this Act.
| 11 | | FF. Using, prescribing, or selling a prescription drug | 12 | | or the
extra-label use of a prescription drug by any means | 13 | | in the absence of a valid
veterinarian-client-patient | 14 | | relationship.
| 15 | | GG. Failing to report a case of suspected aggravated | 16 | | cruelty, torture,
or
animal fighting pursuant to Section | 17 | | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | 18 | | 26-5 of the Criminal Code of 1961.
| 19 | | HH. Charging in excess of $250 without an express prior | 20 | | authorization for services performed on an animal. | 21 | | 2. The determination by a circuit court that a licensee or | 22 | | certificate
holder is subject to involuntary admission or | 23 | | judicial admission as provided in
the Mental Health and | 24 | | Developmental Disabilities Code operates as an automatic
| 25 | | suspension. The suspension will end only upon a finding by a | 26 | | court that the
patient is no longer subject to involuntary |
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| 1 | | admission or judicial admission and
issues an order so finding | 2 | | and discharging the patient; and upon the
recommendation of the | 3 | | Board to the Secretary that the licensee or certificate
holder | 4 | | be allowed to resume his practice.
| 5 | | 3. All proceedings to suspend, revoke, place on | 6 | | probationary status, or
take any other disciplinary action as | 7 | | the Department may deem proper, with
regard to a license or | 8 | | certificate on any of the foregoing grounds, must be
commenced | 9 | | within 3 years after receipt by the Department of a complaint
| 10 | | alleging the commission of or notice of the conviction order | 11 | | for any of the
acts described in this Section. Except for | 12 | | proceedings brought for violations
of items (CC), (DD), or | 13 | | (EE), no action shall be commenced more than 5 years
after the | 14 | | date of the incident or act alleged to have violated this | 15 | | Section.
In the event of the settlement of any claim or cause | 16 | | of action in favor of the
claimant or the reduction to final | 17 | | judgment of any civil action in favor of the
plaintiff, the | 18 | | claim, cause of action, or civil action being grounded on the
| 19 | | allegation that a person licensed or certified under this Act | 20 | | was negligent in
providing care, the Department shall have an | 21 | | additional period of one year from
the date of the settlement | 22 | | or final judgment in which to investigate and begin
formal | 23 | | disciplinary proceedings under Section 25.2 of this Act, except | 24 | | as
otherwise provided by law. The time during which the holder | 25 | | of the license or
certificate was outside the State of Illinois | 26 | | shall not be included within any
period of time limiting the |
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| 1 | | commencement of disciplinary action by the
Department.
| 2 | | 4. The Department may refuse to issue or take disciplinary | 3 | | action
concerning
the license of any person who fails to file a | 4 | | return, to pay the tax, penalty,
or interest
shown in a filed | 5 | | return, or to pay any final assessment of tax, penalty, or
| 6 | | interest as
required by any tax Act administered by the | 7 | | Department of Revenue, until such
time as
the requirements of | 8 | | any such tax Act are satisfied as determined by the
Department | 9 | | of
Revenue.
| 10 | | 5. In enforcing this Section, the Board, upon a showing of | 11 | | a possible
violation, may compel a licensee or applicant to | 12 | | submit to a mental or physical
examination, or both, as | 13 | | required by and at the expense of the Department. The
examining | 14 | | physicians or clinical psychologists shall be those | 15 | | specifically
designated by the Board. The Board or the | 16 | | Department may order (i) the
examining physician to present | 17 | | testimony concerning the mental or physical
examination of a | 18 | | licensee or applicant or (ii) the examining clinical
| 19 | | psychologist to present testimony concerning the mental | 20 | | examination of a
licensee or applicant. No information shall be | 21 | | excluded by reason of any common
law or statutory privilege | 22 | | relating to communications between a licensee or
applicant and | 23 | | the examining physician or clinical psychologist. An | 24 | | individual
to be examined may have, at his or her own expense, | 25 | | another physician or
clinical psychologist of his or her choice | 26 | | present during all aspects of the
examination. Failure of an |
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| 1 | | individual to submit to a mental or physical
examination, when | 2 | | directed, is grounds for suspension of his or her license.
The | 3 | | license must remain suspended until the person submits to the | 4 | | examination
or the Board finds, after notice and hearing, that | 5 | | the refusal to submit to the
examination was with reasonable | 6 | | cause.
| 7 | | If the Board finds an individual unable to practice because | 8 | | of the reasons
set forth in this Section, the Board must | 9 | | require the individual to submit to
care, counseling, or | 10 | | treatment by a physician or clinical psychologist approved
by | 11 | | the Board, as a condition, term, or restriction for continued, | 12 | | reinstated,
or renewed licensure to practice. In lieu of care, | 13 | | counseling, or treatment,
the Board may recommend that the | 14 | | Department file a complaint to immediately
suspend or revoke | 15 | | the license of the individual or otherwise discipline the
| 16 | | licensee.
| 17 | | Any individual whose license was granted, continued, | 18 | | reinstated, or renewed
subject to conditions, terms, or | 19 | | restrictions, as provided for in this Section,
or any | 20 | | individual who was disciplined or placed on supervision | 21 | | pursuant to this
Section must be referred to the Secretary for | 22 | | a determination as to whether the
person shall have his or her | 23 | | license suspended immediately, pending a hearing
by the Board.
| 24 | | (Source: P.A. 96-1322, eff. 7-27-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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