Full Text of SB2421 99th General Assembly
SB2421sam002 99TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2421
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2421 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Euthanasia in Animal Shelters Act is | 5 | | amended by changing Sections 5, 20, 35, 45, 55, 60, 65, 85, 90, | 6 | | 100, 105, 115, 120, 125, 130, 135, 140, 145, 150, 160, 165, and | 7 | | 170 and by adding Section 190 as follows:
| 8 | | (510 ILCS 72/5)
| 9 | | Sec. 5. Definitions. The following terms have the meanings | 10 | | indicated, unless the context
requires otherwise:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant, euthanasia agency, or | 13 | | euthanasia technician's file as maintained by the Department's | 14 | | licensure maintenance unit. | 15 | | "Animal" means any bird, fish, reptile, or mammal other | 16 | | than man.
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| 1 | | "DEA" means the United States Department of Justice Drug | 2 | | Enforcement
Administration.
| 3 | | "Department" means the Department of
Financial and | 4 | | Professional Regulation.
| 5 | | "Director" means the Director of the Department of | 6 | | Professional
Regulation.
| 7 | | "Euthanasia agency" means an entity certified by the | 8 | | Department for the
purpose of animal euthanasia that holds an | 9 | | animal control facility or animal
shelter license under the | 10 | | Animal Welfare Act and that permits only euthanasia technicians | 11 | | or veterinarians to perform the euthanasia of animals.
| 12 | | "Euthanasia drugs" means
Schedule II or Schedule III | 13 | | substances (nonnarcotic controlled substances) as
set forth
in | 14 | | the Illinois Controlled Substances Act that are used by a | 15 | | euthanasia agency
for the purpose of animal euthanasia.
| 16 | | "Euthanasia technician" or "technician" means a person | 17 | | employed by a
euthanasia
agency
or working under the direct | 18 | | supervision of a
veterinarian
and who is certified by the | 19 | | Department to administer euthanasia drugs to
euthanize | 20 | | animals.
| 21 | | "Secretary" means the Secretary of Financial and | 22 | | Professional Regulation. | 23 | | "Veterinarian" means a person holding the degree of Doctor | 24 | | of Veterinary
Medicine who is licensed under the Veterinary | 25 | | Medicine and Surgery
Practice
Act of 2004.
| 26 | | (Source: P.A. 96-780, eff. 8-28-09.)
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| 1 | | (510 ILCS 72/20)
| 2 | | Sec. 20. Application for original certification ; change of | 3 | | address . | 4 | | (a) Applications for
original certification
shall be made | 5 | | to the Department in writing, shall be signed by the applicant | 6 | | on
forms
prescribed by the Department, and shall be accompanied | 7 | | by a nonrefundable fee
set by rule. The Department may require
| 8 | | information from the applicant that, in its judgment, will | 9 | | enable the
Department to determine the
qualifications of the | 10 | | applicant for certification.
| 11 | | (b) It is the duty of the applicant, euthanasia agency, or | 12 | | euthanasia technician to inform the Department of any change of | 13 | | address, and those changes must be made either through the | 14 | | Department's website or by contacting the Department. | 15 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 16 | | (510 ILCS 72/35)
| 17 | | Sec. 35. Technician certification; duties.
| 18 | | (a) An applicant for certification as a euthanasia | 19 | | technician shall file an
application with the Department and | 20 | | shall:
| 21 | | (1) Be 18 years of age.
| 22 | | (2) Be of good moral character. In determining moral | 23 | | character under this
Section, the Department may take into | 24 | | consideration whether the applicant has
engaged in conduct |
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| 1 | | or activities that would constitute grounds for discipline
| 2 | | under this Act.
| 3 | | (3) Each applicant for certification as a euthanasia | 4 | | technician shall
have his or her fingerprints submitted to | 5 | | the Department of State Police in an
electronic format that | 6 | | complies with the form and manner for requesting and
| 7 | | furnishing criminal history record information as | 8 | | prescribed by the Department
of State Police. These | 9 | | fingerprints shall be checked against the Department of
| 10 | | State Police and Federal Bureau of Investigation criminal | 11 | | history record
databases now and hereafter filed. The | 12 | | Department of State Police shall charge
applicants a fee | 13 | | for conducting the criminal history records check, which | 14 | | shall
be deposited in the State Police Services Fund and | 15 | | shall not exceed the actual
cost of the records check. The | 16 | | Department of State Police shall furnish,
pursuant to | 17 | | positive identification, records of Illinois convictions | 18 | | to the
Department.
| 19 | | (4) Hold a license or certification from the American | 20 | | Humane
Association, the National Animal Control | 21 | | Association, the Illinois Federation
of Humane Societies, | 22 | | or the Humane Society of the United States issued within
3 | 23 | | years preceding the date of application.
Every 2 5 years a | 24 | | certified euthanasia technician must renew his or her | 25 | | certification with the Department. At the time of renewal, | 26 | | the technician must present proof that he or she attended a |
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| 1 | | class or seminar, administered by the American Humane | 2 | | Association, the National Animal Control Association, the | 3 | | Illinois Federation of Humane Societies, or the Humane | 4 | | Society of the United States, that teaches techniques or | 5 | | guidelines, or both, for humane animal euthanasia.
| 6 | | (5) Pay the required fee.
| 7 | | (b) The duties of a euthanasia technician shall include but | 8 | | are not limited
to:
| 9 | | (1) preparing animals for euthanasia and scanning each | 10 | | animal, prior to
euthanasia, for microchips;
| 11 | | (2) accurately recording the dosages administered and | 12 | | the amount of drugs
wasted;
| 13 | | (3) ordering supplies;
| 14 | | (4) maintaining the security of all controlled | 15 | | substances and drugs;
| 16 | | (5) humanely euthanizing animals via intravenous | 17 | | injection by hypodermic
needle, intraperitoneal injection | 18 | | by hypodermic needle, or
intracardiac injection only on | 19 | | comatose
animals by hypodermic needle; and
| 20 | | (6) properly disposing of euthanized animals after | 21 | | verification of death.
| 22 | | (c) A euthanasia technician employed by a euthanasia agency | 23 | | may perform
euthanasia by the administration of a Schedule II
| 24 | | nonnarcotic or Schedule III nonnarcotic controlled
substance. | 25 | | A euthanasia
technician may not personally possess, order, or | 26 | | administer a controlled
substance except as an agent of the |
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| 1 | | euthanasia agency.
| 2 | | (d) Upon termination from a euthanasia agency, a euthanasia | 3 | | technician shall
not perform
animal euthanasia until he or she | 4 | | is employed by another certified euthanasia
agency.
| 5 | | (e) A certified euthanasia technician or an instructor in | 6 | | an approved course
does not engage in the practice of
| 7 | | veterinary
medicine when performing duties set forth in this | 8 | | Act.
| 9 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 10 | | (510 ILCS 72/45)
| 11 | | Sec. 45.
Certifications; renewal; restoration; person in | 12 | | military
service; inactive status.
| 13 | | (a) The expiration date, renewal period, renewal fees, and | 14 | | procedures for
renewal of each certification issued under this | 15 | | Act shall be set by rule. As a condition for renewal of a | 16 | | certification, humane euthanasia technicians may be required | 17 | | to complete additional coursework or education, as defined by | 18 | | rule.
| 19 | | (b) Any person who has permitted a euthanasia technician | 20 | | certification to
expire or who has a
certification on inactive | 21 | | status may have it restored by submitting an
application to the | 22 | | Department and filing proof of fitness, as defined by rule,
to | 23 | | have the certification restored, including, if appropriate, | 24 | | evidence that is
satisfactory to the Department certifying | 25 | | active practice in another
jurisdiction and by paying the |
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| 1 | | required fee.
| 2 | | (c) If the person has not maintained an active practice in | 3 | | another
jurisdiction that is satisfactory to the Department, | 4 | | the Department shall
determine the person's fitness to resume | 5 | | active status.
| 6 | | (d) Any person whose euthanasia technician certification | 7 | | expired while on
active duty with the armed
forces of the | 8 | | United States, while called into service or training with the
| 9 | | State Militia or in training or education under the supervision | 10 | | of the United
States government prior to induction into the | 11 | | military service, however, may
have his or her certification | 12 | | restored without paying any renewal fees if,
within 2 years | 13 | | after the termination of that service, training, or education,
| 14 | | except under conditions other than honorable, the Department is | 15 | | furnished with
satisfactory evidence that the person has been | 16 | | so engaged and that the
service, training, or education has | 17 | | been so terminated.
| 18 | | (e) A euthanasia technician certificate holder may place | 19 | | his or her
certification on inactive
status and shall be | 20 | | excused from paying renewal fees until he or she notifies
the | 21 | | Department in writing of the intention to resume active | 22 | | practice. A
certificate holder who is on inactive status shall | 23 | | not practice while the
certificate
is in inactive status.
| 24 | | (f) The Department shall set by rule the requirements for | 25 | | restoration of a
euthanasia agency certification and the | 26 | | requirements for a change of
location.
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| 1 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 2 | | (510 ILCS 72/55)
| 3 | | Sec. 55. Endorsement. An applicant, who is a euthanasia | 4 | | technician certified,
registered , or licensed under the laws of | 5 | | another state or territory of the
United States that has | 6 | | requirements that are substantially similar to the
| 7 | | requirements of this Act,
may be granted
certification as a | 8 | | euthanasia technician in this State without examination,
upon | 9 | | presenting satisfactory proof to the Department
that the | 10 | | applicant has been engaged in the practice of euthanasia for a | 11 | | period
of not less than one year and upon payment of the | 12 | | required fee. In addition,
an applicant shall have his or her | 13 | | fingerprints submitted to the Department of
State Police for | 14 | | purposes of a criminal history records check pursuant to
clause | 15 | | (a)(3) of Section 35.
| 16 | | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
| 17 | | (510 ILCS 72/60)
| 18 | | Sec. 60. Fees; returned checks. An agency or person who | 19 | | delivers a check
or other
payment to the Department that is | 20 | | returned to the Department unpaid by the
financial
institution | 21 | | upon which it is drawn shall pay to the Department, in addition | 22 | | to
the amount
already owed to the Department a fine of $50.
The | 23 | | fines imposed by
this Section are in addition to any other | 24 | | discipline provided under this Act.
The Secretary Director
may |
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| 1 | | waive the fines due under this Section in individual cases | 2 | | where the Secretary
Director finds
that the fines would be | 3 | | unreasonable or unnecessarily burdensome.
| 4 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 5 | | (510 ILCS 72/65)
| 6 | | Sec. 65. Refused issuance, suspension, or revocation of | 7 | | certification. The Department
may refuse to issue, renew, or | 8 | | restore a certification or may revoke or suspend
a | 9 | | certification,
or place on
probation, reprimand, impose a fine | 10 | | not to exceed $10,000 for each violation, or
take other
| 11 | | disciplinary or non-disciplinary action as the Department may | 12 | | deem proper with regard to a
certified euthanasia agency or a
| 13 | | certified
euthanasia technician for any one or combination of | 14 | | the following reasons:
| 15 | | (1) in the case of a
certified
euthanasia technician, | 16 | | failing to carry out the duties of a euthanasia technician | 17 | | set forth in this Act or rules adopted under this Act;
| 18 | | (2) abusing the use of any controlled substance or | 19 | | euthanasia drug;
| 20 | | (3) selling, stealing, or giving controlled substances | 21 | | or euthanasia drugs away;
| 22 | | (4) abetting anyone in violating item (1) or (2) of | 23 | | this Section;
| 24 | | (5) violating any provision of this Act, the Illinois | 25 | | Controlled
Substances
Act,
the Illinois Food, Drug and |
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| 1 | | Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the | 2 | | federal Controlled Substances Act, the rules adopted under | 3 | | these Acts, or any rules adopted by the Department
of | 4 | | Financial and Professional Regulation concerning the | 5 | | euthanizing of animals;
| 6 | | (6) in the case of a euthanasia technician, acting as a | 7 | | euthanasia technician outside of the scope of his or her | 8 | | employment with a certified euthanasia agency; and | 9 | | (7) in the case of a euthanasia technician, being | 10 | | convicted of or entering a plea of guilty or nolo | 11 | | contendere to any crime that is (i) a felony under the laws | 12 | | of the United States or any state or territory thereof, | 13 | | (ii) a misdemeanor under the laws of the United States or | 14 | | any state or territory an essential element of which is | 15 | | dishonesty, or (iii) directly related to the practice of | 16 | | the profession. | 17 | | (Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)
| 18 | | (510 ILCS 72/85)
| 19 | | Sec. 85. Cease and desist order.
| 20 | | (a) If an agency or person violates a provision of this | 21 | | Act, the Secretary Director
may,
in the
name of the People of | 22 | | the State of Illinois, through the Attorney General of
the
| 23 | | State of Illinois, petition for an order enjoining the | 24 | | violation or for an
order
enforcing compliance with this Act. | 25 | | Upon the filing of a verified petition in
court,
the court may |
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| 1 | | issue a temporary restraining order, without notice or bond, | 2 | | and
may preliminarily and permanently enjoin the violation, and | 3 | | if it is
established
that the agency or person has violated or | 4 | | is violating the injunction, the
court may
punish the offender | 5 | | for contempt of court. Proceedings under this Section
shall be
| 6 | | in addition to, and not in lieu of, all other remedies and | 7 | | penalties provided
by this
Act.
| 8 | | (b) Whenever, in the opinion of the Department, an agency | 9 | | or person violates a
provision
of this
Act, the Department may | 10 | | issue a rule to show cause why an order to cease and
desist | 11 | | should not be entered against the agency. The rule shall | 12 | | clearly set
forth the
grounds relied upon by the Department and | 13 | | shall provide a period of 7 days from
the date of the rule to | 14 | | file an answer to the satisfaction of the Department.
Failure
| 15 | | to answer to the satisfaction of the Department shall cause an | 16 | | order to cease
and
desist to be issued immediately.
| 17 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 18 | | (510 ILCS 72/90)
| 19 | | Sec. 90. Uncertified practice; civil penalty.
| 20 | | (a) A person who practices, offers to practice, attempts to | 21 | | practice, or
holds
himself
or herself out as a certified | 22 | | euthanasia technician or a certified euthanasia
agency without | 23 | | being certified
under
this Act shall, in addition to any other | 24 | | penalty provided by law, pay a civil
penalty
to the Department | 25 | | in an amount not to exceed $10,000 for each offense as
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| 1 | | determined by the Department. The civil penalty shall be | 2 | | assessed by the
Department after a hearing is held in | 3 | | accordance with the provisions set forth
in
this Act regarding | 4 | | the provision of a hearing for the discipline of a certified
| 5 | | euthanasia technician or a certified euthanasia agency. The | 6 | | civil penalty must
be paid within 60 days after
the
effective | 7 | | date of the order imposing the civil penalty. The order shall
| 8 | | constitute a
judgment and may be filed and executed in the same | 9 | | manner as any judgment
from any court of record.
| 10 | | (b) The Department may investigate any uncertified | 11 | | activity.
| 12 | | (c) Instructors or licensed veterinarians teaching humane | 13 | | euthanasia techniques
are exempt from the certification | 14 | | process so long as they are currently certified, registered, or | 15 | | licensed by another state as a euthanasia technician or as a | 16 | | veterinarian.
| 17 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 18 | | (510 ILCS 72/100)
| 19 | | Sec. 100. Investigations; notice and hearing.
| 20 | | (a) The Department may investigate the actions of an | 21 | | applicant or an animal
shelter
or animal control facility | 22 | | holding or claiming to hold a certificate.
| 23 | | (b) Before refusing to issue or renew a certificate or | 24 | | disciplining
a certified euthanasia agency or technician,
the | 25 | | Department shall notify in writing the applicant, the |
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| 1 | | euthanasia agency, or euthanasia
technician of the nature of | 2 | | the charges and that a hearing will be held on the
date | 3 | | designated, which shall be at least 30 days
after
the date of | 4 | | the notice.
The Department shall direct the applicant, | 5 | | euthanasia agency, or euthanasia technician
to
file a written | 6 | | answer to the Department under oath within 20 days after the
| 7 | | service
of
the notice and inform the applicant, euthanasia | 8 | | agency, or euthanasia technician that failure to file
an answer | 9 | | will result
in
default being taken against the applicant, | 10 | | euthanasia agency, or euthanasia technician and that the
| 11 | | certificate may be suspended, revoked, placed on probationary | 12 | | status, or other
disciplinary action may be taken, including | 13 | | limiting the scope, nature, or
extent of
business as the | 14 | | Secretary Director may deem proper. Written notice may be | 15 | | served by
personal delivery or certified or registered mail | 16 | | sent to the applicant, euthanasia agency, or euthanasia | 17 | | technician's respondent at the
most recent address of on record | 18 | | with the Department .
| 19 | | If the applicant, euthanasia agency,
or euthanasia | 20 | | technician fails to file
an
answer after receiving notice, the | 21 | | certification may, in the
discretion of
the Department, be | 22 | | suspended, revoked, or placed on probationary status, or the
| 23 | | Department may take whatever disciplinary action it deems | 24 | | proper including
imposing a civil penalty, without a hearing if | 25 | | the act or acts charged
constitute
sufficient
ground for such | 26 | | action under this Act.
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| 1 | | At the time and place fixed in the
notice,
the Department | 2 | | shall proceed to hear the charges, and the parties or their
| 3 | | counsel
shall
be accorded ample opportunity to present such | 4 | | statements, testimony, evidence,
and argument as may be | 5 | | pertinent to the charges or to their defense. The
Department
| 6 | | may continue a hearing from time to time.
| 7 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 8 | | (510 ILCS 72/105)
| 9 | | Sec. 105. Records of proceedings Stenographer; transcript . | 10 | | The Department, at its expense,
shall
preserve a
record of all | 11 | | proceedings at the formal hearing of any case involving the
| 12 | | refusal to issue
or renew a certificate or the discipline of a | 13 | | certified euthanasia technician.
The notice of
hearing, | 14 | | complaint, and all other documents in the nature of pleadings, | 15 | | written
motions
filed in the proceedings, the transcript of | 16 | | testimony, the report of the
hearing officer,
and the order
of | 17 | | the Department shall be the record of the proceeding.
| 18 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 19 | | (510 ILCS 72/115)
| 20 | | Sec. 115. Findings and recommendations. At the conclusion | 21 | | of the
hearing,
the hearing officer
shall present to the | 22 | | Secretary Director a written report of its findings and
| 23 | | recommendations. The
report shall contain a finding of whether | 24 | | or not the accused applicant, euthanasia agency,
or euthanasia
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| 1 | | technician violated
this Act or failed to comply with the | 2 | | conditions required in this Act. The
hearing officer shall
| 3 | | specify the nature of the violation or failure to comply, and | 4 | | shall make its
recommendations to the Secretary Director .
| 5 | | The report of the findings and recommendations of the | 6 | | hearing officer may shall
be the
basis
for
the Department's | 7 | | order of refusal or for the granting of certification unless
| 8 | | the Secretary Director
determines that the hearing officer's | 9 | | report is contrary to the manifest
weight of
the evidence,
in | 10 | | which case the Secretary Director may issue an order in | 11 | | contravention of the hearing
officer's
report. The
finding is | 12 | | not admissible in evidence against the applicant, agency, or
| 13 | | technician in a criminal
prosecution brought
for the violation | 14 | | of this Act, but the hearing and finding are not a bar to a
| 15 | | criminal
prosecution brought for the violation of this Act.
| 16 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 17 | | (510 ILCS 72/120)
| 18 | | Sec. 120. Motion for rehearing Rehearing on motion . In a | 19 | | case involving the refusal to issue
or renew a
certificate or | 20 | | the discipline of a certified euthanasia agency or technician, | 21 | | a copy of
the hearing officer's
report shall be served upon the | 22 | | respondent by the Department, either personally
or as
provided | 23 | | in this Act for the service of the notice of hearing. Within 20 | 24 | | days
after such
service, the respondent may present to the | 25 | | Department a motion in writing for a
rehearing, which shall |
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| 1 | | specify the particular grounds for rehearing. If no
motion for
| 2 | | rehearing is filed, then upon the expiration of the time | 3 | | specified for filing
the motion, or
if a motion for rehearing | 4 | | is denied, then upon such denial the Secretary Director may
| 5 | | enter an order
in accordance with recommendations of the | 6 | | hearing officer except as provided in
Section
125 of
this Act. | 7 | | If the respondent shall order from the reporting service and | 8 | | pay for
a transcript
of the record with the time for filing a | 9 | | motion for rehearing, the 20 day
period within
which such a | 10 | | motion may be filed shall commence upon the delivery of the
| 11 | | transcript to
the respondent.
| 12 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 13 | | (510 ILCS 72/125)
| 14 | | Sec. 125. Rehearing on order of Secretary Director . | 15 | | Whenever the Secretary Director is
satisfied that
substantial | 16 | | justice has not been done in the revocation or suspension of a
| 17 | | certification or
refusal to issue or renew a certificate, the | 18 | | Secretary Director may order a rehearing.
| 19 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 20 | | (510 ILCS 72/130)
| 21 | | Sec. 130. Hearing officer. The Secretary Director has the | 22 | | authority to appoint an
attorney duly
licensed to practice law | 23 | | in this State to serve as the hearing officer in an
action for | 24 | | refusal
to issue or renew a certificate or for the discipline |
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| 1 | | of a certified
euthanasia agency or
technician. The
hearing | 2 | | officer
shall have full authority to conduct the hearing. The | 3 | | hearing officer shall
report his or her
findings of fact, | 4 | | conclusions of law, and recommendations to the Secretary | 5 | | Director . If the Secretary disagrees with the recommendation of | 6 | | the hearing officer, then the Secretary may issue an order in | 7 | | contravention of the report.
| 8 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 9 | | (510 ILCS 72/135)
| 10 | | Sec. 135. Order or certified copy. An order or a certified | 11 | | copy of an
order, over the
seal of the Department and | 12 | | purporting to be signed by the Secretary Director , shall be
| 13 | | prima facie
proof that:
| 14 | | (1) the signature is the genuine signature of the | 15 | | Secretary Director ; and
| 16 | | (2) the Secretary Director is duly appointed and | 17 | | qualified.
| 18 | | This proof may be rebutted.
| 19 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 20 | | (510 ILCS 72/140)
| 21 | | Sec. 140. Restoration of certificate. Any time after the | 22 | | successful completion of a term of indefinite probation, or the | 23 | | suspension or
revocation of a
certificate, the Department may | 24 | | restore the certificate to the accused agency
upon the
written |
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| 1 | | recommendation of the Secretary Department unless, after an | 2 | | investigation and a
hearing, the
Department determines that | 3 | | restoration is not in the public interest or that the licensee | 4 | | has not been sufficiently rehabilitated to warrant the public | 5 | | trust. No person or entity whose certificate has been revoked | 6 | | as authorized in this Act may apply for restoration of that | 7 | | license, certification, or authority until the time as provided | 8 | | for in the Department of Professional Regulation Law of the | 9 | | Civil Administrative Code of Illinois .
| 10 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 11 | | (510 ILCS 72/145)
| 12 | | Sec. 145. Surrender of certificate. Upon the revocation or | 13 | | suspension of
a certificate, the euthanasia agency or | 14 | | euthanasia technician shall immediately surrender the
| 15 | | certificate to the Department, and if the euthanasia agency or | 16 | | euthanasia technician fails to do so,
the Department shall have | 17 | | the right to seize the certificate.
| 18 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 19 | | (510 ILCS 72/150)
| 20 | | Sec. 150. Summary Temporary suspension of a certificate. | 21 | | The Secretary Director may summarily
temporarily
suspend the | 22 | | certificate of a euthanasia agency or euthanasia technician
| 23 | | without a
hearing, simultaneously with the institution of | 24 | | proceedings for a hearing, if
the Secretary Director
finds that |
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| 1 | | the evidence in his or her possession indicates that the | 2 | | continued
practice of the certified euthanasia
agency or | 3 | | technician would constitute cruelty or an imminent
danger to
| 4 | | the public. If the Secretary Director temporarily suspends the | 5 | | certificate without a
hearing, a
hearing by the hearing officer | 6 | | shall be commenced must be held within 30 days of the | 7 | | suspension and shall be concluded as expeditiously as possible .
| 8 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 9 | | (510 ILCS 72/160)
| 10 | | Sec. 160. Certification of record; costs. The Department | 11 | | shall not be
required to
certify any record to the court or | 12 | | file any answer in court or otherwise appear
in
a court in a
| 13 | | judicial review proceeding, unless there is filed in the court, | 14 | | with the
complaint, a receipt
from the Department acknowledging | 15 | | payment of the costs of furnishing and
certifying the
record , | 16 | | which costs shall be determined by the Department. Exhibits | 17 | | shall be certified without cost . Failure on the part of the | 18 | | plaintiff to file a receipt in court shall
be grounds for
| 19 | | dismissal of the action.
| 20 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 21 | | (510 ILCS 72/165)
| 22 | | Sec. 165. Criminal penalties. An applicant, euthanasia | 23 | | agency
or euthanasia technician
who is found to have violated a
| 24 | | provision of
this Act is guilty of a Class A misdemeanor for |
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| 1 | | the first offense . On conviction of a second or
subsequent
| 2 | | offense, the violator shall be guilty of a Class 4 felony. The | 3 | | Department shall, for the purpose of criminal investigation and | 4 | | prosecution, refer alleged violations of this Act to (i) local | 5 | | law enforcement officials or the Illinois State Police and (ii) | 6 | | the State's Attorney of the county within which the violation | 7 | | occurred. The Department shall, for the purpose of criminal | 8 | | investigation and prosecution, refer alleged violations of the | 9 | | Humane Care for Animals Act to (i) local law enforcement | 10 | | officials or the Illinois State Police and (ii) the State's | 11 | | Attorney of the county within which the violation occurred.
| 12 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 13 | | (510 ILCS 72/170)
| 14 | | Sec. 170. Administrative Procedure Act. The Illinois | 15 | | Administrative
Procedure Act
is hereby expressly adopted and | 16 | | incorporated in this Act as if all of the
provisions of that
| 17 | | Act were included in this Act, except that the provision of | 18 | | subsection (d) of
Section 10-65
of the Illinois Administrative | 19 | | Procedure Act, which provides that at hearings
the certificate | 20 | | license
holder has the right to show compliance with all lawful | 21 | | requirements for
retention,
continuation, or renewal of a | 22 | | certificate license , is specifically excluded. For the
| 23 | | purposes of this
Act, the notice required under Section 10-25 | 24 | | of the Illinois Administrative
Procedure Act
is deemed | 25 | | sufficient when mailed to the last known address of record a |
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| 1 | | party .
| 2 | | (Source: P.A. 92-449, eff. 1-1-02.)
| 3 | | (510 ILCS 72/190 new) | 4 | | Sec. 190. Confidentiality. All information collected by | 5 | | the Department in the course of an examination or investigation | 6 | | of an applicant, euthanasia agency, or euthanasia technician, | 7 | | including, but not limited to, any complaint against an | 8 | | applicant, euthanasia agency, or euthanasia technician filed | 9 | | with the Department and information collected to investigate | 10 | | any complaint shall be maintained for the confidential use of | 11 | | the Department and shall not be disclosed. The Department may | 12 | | not disclose the information to anyone other than law | 13 | | enforcement officials, other regulatory agencies that have an | 14 | | appropriate regulatory interest as determined by the | 15 | | Secretary, or to a party presenting a lawful subpoena to the | 16 | | Department. Information and documents disclosed to a federal, | 17 | | State, county, or local law enforcement agency shall not be | 18 | | disclosed by the agency for any purpose to any other entity or | 19 | | person. A formal complaint filed against an applicant, | 20 | | euthanasia agency, or euthanasia technician by the Department | 21 | | or any order issued by the Department against an applicant, | 22 | | euthanasia agency, or euthanasia technician shall be a public | 23 | | record, except as otherwise prohibited by law.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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