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| Public Act 096-0780 |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by | ||||
changing Sections 3.02 and 8 and by adding Section 3.09 as | ||||
follows:
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(510 ILCS 70/3.02)
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Sec. 3.02. Aggravated cruelty. | ||||
(a) No person may intentionally
commit an act that causes a | ||||
companion animal to suffer serious injury or
death. Aggravated | ||||
cruelty does not include euthanasia of a companion animal
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through recognized methods approved by the Department of | ||||
Agriculture unless prohibited under subsection (b).
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(b) No individual, except a licensed veterinarian as | ||||
exempted under Section 3.09, may knowingly or intentionally | ||||
euthanize or authorize the euthanasia of a companion animal by | ||||
use of carbon monoxide. | ||||
(c) A person convicted of violating Section 3.02 is guilty | ||||
of a Class 4
felony. A second or subsequent violation is a | ||||
Class 3 felony. In addition to
any other penalty provided by | ||||
law, upon conviction for violating this Section,
the court may | ||||
order the convicted person to undergo a psychological or
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psychiatric evaluation and to undergo any treatment at the | ||||
convicted person's
expense that the court determines to be | ||
appropriate after due consideration of
the evaluation. If the | ||
convicted person is a juvenile or a companion animal
hoarder, | ||
the court must order the convicted person to undergo a | ||
psychological
or psychiatric evaluation and to undergo | ||
treatment that the court determines to
be appropriate after due | ||
consideration of the evaluation.
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(Source: P.A. 92-650, eff. 7-11-02.)
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(510 ILCS 70/3.09 new)
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Sec. 3.09. Carbon monoxide euthanasia by a licensed | ||
veterinarian. A licensed veterinarian may euthanize a | ||
companion animal in a commercially manufactured chamber by use | ||
of compressed carbon monoxide. The veterinarian must be | ||
physically present during the euthanasia process until death is | ||
confirmed. The veterinarian must take all of the following | ||
steps when using a gas chamber: | ||
(1) Render a written opinion for each companion animal | ||
including: | ||
(A) a description of the animal including species, | ||
color, age, sex, and microchip number if present; and | ||
(B) a signed and dated statement that the use of | ||
compressed carbon monoxide is the most humane method of | ||
euthanasia for this companion animal. | ||
(2) Use a commercially manufactured chamber pursuant | ||
to the guidelines set forth in the most recent report of | ||
the AVMA Panel on Euthanasia. The interior of the chamber | ||
must be well lit and equipped with view-ports, a regulator, | ||
and a flow meter. Monitoring equipment must be used at all | ||
times during the operation. Animals that are under 4 months | ||
of age, old, injured, or sick may not be euthanized by | ||
carbon monoxide. Animals shall remain in the chamber and be | ||
exposed for a minimum of 20 minutes. Staff members shall be | ||
fully notified of potential health risks. | ||
(3) Only one companion animal may be euthanized at a | ||
time.
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(510 ILCS 70/8) (from Ch. 8, par. 708)
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Sec. 8. Rulemaking.
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The Department shall administer this Act and shall | ||
promulgate such rules
and regulations as are necessary to | ||
effectuate the purposes of this Act.
Such rules and regulations | ||
are subject to the approval of the Advisory
Board of Livestock | ||
Commissioners. No later than 6 months after the effective date | ||
of this amendatory Act of the 96th General Assembly, the | ||
Department shall adopt rules defining the "recognized methods | ||
for the humane euthanasia of companion animals" referred to in | ||
subsection (a) of Section 3.02 of this Act.
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The Director may, in formulating rules and regulations | ||
pursuant to this
Act, seek the advice and recommendations of | ||
humane societies in this State.
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(Source: P.A. 78-905.)
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Section 10. The Humane Euthanasia in Animal Shelters Act is | ||
amended by changing Sections 5, 10, 35, 57, 65, 90, and 165 as | ||
follows:
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(510 ILCS 72/5)
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Sec. 5. Definitions.
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The following terms have the meanings indicated, unless the | ||
context
requires otherwise:
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"Animal" means any bird, fish, reptile, or mammal other | ||
than man.
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"DEA" means the United States Department of Justice Drug | ||
Enforcement
Administration.
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"Department" means the Department of
Professional | ||
Regulation.
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"Director" means the Director of the Department of | ||
Professional
Regulation.
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"Euthanasia agency" means an entity certified by the | ||
Department for the
purpose of animal euthanasia that holds an | ||
animal control facility or animal
shelter license under the | ||
Animal Welfare Act and that permits only euthanasia technicians | ||
or veterinarians to perform the euthanasia of animals.
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"Euthanasia drugs" means
Schedule II or Schedule III | ||
substances (nonnarcotic controlled substances) as
set forth
in | ||
the Illinois Controlled Substances Act that are used by a | ||
euthanasia agency
for the purpose of animal euthanasia.
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"Euthanasia technician" or "technician" means a person | ||
employed by a
euthanasia
agency
or working under the direct | ||
supervision of a
veterinarian
and who is certified by the | ||
Department to administer euthanasia drugs to
euthanize | ||
animals.
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"Veterinarian" means a person holding the degree of Doctor | ||
of Veterinary
Medicine who is licensed under the Veterinary | ||
Medicine and Surgery
Practice
Act of 2004.
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(Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
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(510 ILCS 72/10)
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Sec. 10. Certification requirement, exemptions.
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(a) Except as otherwise provided in this Section, no person | ||
shall euthanize
animals in an animal shelter or animal control
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facility
without possessing a certificate issued by the | ||
Department under this Act.
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(b) Nothing in this Act shall be construed as preventing a | ||
licensed
veterinarian or an
instructor during an approved | ||
course from humanely euthanizing animals in
animal shelters or | ||
animal control facilities.
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(c) Nothing in this Act prevents a veterinarian who is | ||
employed by the
Department of Agriculture, or any other person | ||
who is employed by the
Department of Agriculture and acting | ||
under the supervision of such a
veterinarian, from humanely | ||
euthanizing animals in the course of that
employment. | ||
(d) Instructors or licensed veterinarians teaching humane | ||
euthanasia technicians are exempt from the certification | ||
process as long as they are currently licensed by another state | ||
as a euthanasia technician or as a veterinarian.
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(Source: P.A. 92-449, eff. 1-1-02.)
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(510 ILCS 72/35)
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Sec. 35. Technician certification; duties.
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(a) An applicant for certification as a euthanasia | ||
technician shall file an
application with the Department and | ||
shall:
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(1) Be 18 years of age.
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(2) Be of good moral character. In determining moral | ||
character under this
Section, the Department may take into | ||
consideration whether the applicant has
engaged in conduct | ||
or activities that would constitute grounds for discipline
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under this Act.
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(3) Each applicant for certification as a euthanasia | ||
technician shall
have his or her fingerprints submitted to | ||
the Department of State Police in an
electronic format that | ||
complies with the form and manner for requesting and
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furnishing criminal history record information as | ||
prescribed by the Department
of State Police. These | ||
fingerprints shall be checked against the Department of
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State Police and Federal Bureau of Investigation criminal | ||
history record
databases now and hereafter filed. The | ||
Department of State Police shall charge
applicants a fee | ||
for conducting the criminal history records check, which | ||
shall
be deposited in the State Police Services Fund and | ||
shall not exceed the actual
cost of the records check. The | ||
Department of State Police shall furnish,
pursuant to | ||
positive identification, records of Illinois convictions | ||
to the
Department.
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(4) Hold a license or certification from the American | ||
Humane
Association, the National Animal Control | ||
Association, the Illinois Federation
of Humane Societies, | ||
or the Humane Society of the United States issued within
3 | ||
years preceding the date of application.
Every 5 years a | ||
certified euthanasia technician must renew his or her | ||
certification with the Department. At the time of renewal, | ||
the technician must present proof that he or she attended a | ||
class or seminar, administered by the American Humane | ||
Association, the National Animal Control Association, the | ||
Illinois Federation of Humane Societies, or the Humane | ||
Society of the United States, that teaches techniques or | ||
guidelines, or both, for humane animal euthanasia.
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For a period of 12 months after the adoption of final | ||
administrative rules
for this Act, the Department may issue | ||
a certification to an applicant who
holds a license or | ||
certification from the American Humane Association, the
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National Animal Control Association, the Illinois | ||
Federation of Humane
Societies, or the Humane Society of | ||
the United States issued after January 1,
1997.
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(5) Pay the required fee.
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(b) The duties of a euthanasia technician shall include but | ||
are not limited
to:
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(1) preparing animals for euthanasia and scanning each | ||
animal, prior to
euthanasia, for microchips;
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(2) accurately recording the dosages administered and | ||
the amount of drugs
wasted;
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(3) ordering supplies;
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(4) maintaining the security of all controlled | ||
substances and drugs;
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(5) humanely euthanizing animals via intravenous | ||
injection by hypodermic
needle, intraperitoneal injection | ||
by hypodermic needle, solutions or
powder added to food or | ||
by mouth, intracardiac injection only on comatose
animals | ||
by hypodermic needle, or carbon monoxide in a commercially | ||
manufactured
chamber; and
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(6) properly disposing of euthanized animals after | ||
verification of death.
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(c) A euthanasia technician employed by a euthanasia agency | ||
may perform
euthanasia by the administration of a Schedule II
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or Schedule III nonnarcotic controlled
substance. A euthanasia
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technician may not personally possess, order, or administer a | ||
controlled
substance except as an agent of the euthanasia | ||
agency.
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(d) Upon termination from a euthanasia agency, a euthanasia | ||
technician shall
not perform
animal euthanasia until he or she | ||
is employed by another certified euthanasia
agency.
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(e) A certified euthanasia technician or an instructor in | ||
an approved course
does not engage in the practice of
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veterinary
medicine when performing duties set forth in this | ||
Act.
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(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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(510 ILCS 72/57)
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Sec. 57. Procedures for euthanasia.
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(a) Only euthanasia drugs and commercially compressed | ||
carbon monoxide,
subject
to
the limitations imposed under | ||
subsection (b) of this Section, shall be used for
the purpose
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of humanely euthanizing injured, sick, homeless, or unwanted | ||
companion animals
in an animal shelter or an animal control | ||
facility licensed under the Illinois
Animal Welfare Act, except | ||
that a licensed veterinarian may euthanize companion animals in | ||
such a shelter or facility by the use of carbon monoxide if the | ||
veterinarian complies with the requirements set forth in | ||
Section 3.09 of the Humane Care for Animals Act. Euthanasia by | ||
a certified euthanasia technician shall be conducted only | ||
within the physical premises of an animal shelter licensed | ||
under the Animal Welfare Act or an animal control facility | ||
licensed under the Animal Welfare Act, except that a certified | ||
euthanasia technician employed by an animal control facility | ||
licensed under the Animal Welfare Act may euthanize animals in | ||
the field in emergency situations.
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(b) (Blank). Commercially compressed carbon monoxide may | ||
be used as a permitted
method of
euthanasia provided that it is | ||
performed in a commercially manufactured chamber
pursuant to | ||
the guidelines set forth in the most recent report of the AVMA
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Panel on
Euthanasia.
A chamber that is designed to euthanize | ||
more than one
animal at a
time must be equipped with | ||
independent sections or cages to separate
incompatible
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animals. The interior of the chamber must be well lit and | ||
equipped with
view-ports, a
regulator, and a flow meter. | ||
Monitoring equipment must be used at all times
during the
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operation. Animals that are under 4 months of age, old, | ||
injured, or sick
may not
be euthanized by carbon monoxide. | ||
Animals shall remain in the chamber and
be exposed for
a | ||
minimum of 20 minutes.
Staff members shall be fully notified of | ||
potential health risks.
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(c) Animals cannot be transported beyond State lines for | ||
the sole purpose
of euthanasia unless the euthanasia methods | ||
comply with subsection (a) or (b)
of this
Section and the | ||
euthanasia is performed by a licensed veterinarian in a manner | ||
that is consistent with subsection (a) of this Section | ||
certified euthanasia technician.
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(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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(510 ILCS 72/65)
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Sec. 65. Refused issuance, suspension, or revocation of | ||
certification. The Department
may refuse to issue, renew, or | ||
restore a certification or may revoke or suspend
a | ||
certification,
or place on
probation, reprimand, impose a fine | ||
not to exceed $10,000 $1,000 for each violation, or
take other
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disciplinary or non-disciplinary action as the Department may | ||
deem proper with regard to a
certified euthanasia agency or a
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certified
euthanasia technician for any one or combination of | ||
the following reasons:
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(1) in the case of a
certified
euthanasia technician, | ||
failing to carry out the duties of a euthanasia technician | ||
set forth in this Act or rules adopted under this Act;
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(2) abusing the use of any controlled chemical | ||
substance or euthanasia drug;
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(3) selling, stealing, or giving controlled chemical | ||
substances or euthanasia drugs away;
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(4) abetting anyone in violating item (1) or (2) of | ||
this Section the activities listed in this subsection; or
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(5) violating any provision of this Act, the Illinois | ||
Controlled
Substances
Act,
the Illinois Food, Drug and | ||
Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the | ||
federal Controlled Substances Act, the rules adopted under | ||
these Acts, or any rules adopted by the Department
of | ||
Professional Regulation concerning the euthanizing of | ||
animals; .
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(6) in the case of a euthanasia technician, acting as a | ||
euthanasia technician outside of the scope of his or her | ||
employment with a certified euthanasia agency; and | ||
(7) in the case of a euthanasia technician, being | ||
convicted of or entering a plea of guily or nolo contendere | ||
to any crime that is (i) a felony under the laws of the | ||
United States or any state or territory thereof, (ii) a | ||
misdemeanor under the laws of the United States or any | ||
state or territory an essential element of which is | ||
dishonesty, or (iii) directly related to the practice of | ||
the profession. | ||
(Source: P.A. 92-449, eff. 1-1-02.)
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(510 ILCS 72/90)
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Sec. 90. Uncertified practice; civil penalty.
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(a) A person who practices, offers to practice, attempts to | ||
practice, or
holds
himself
or herself out as a certified | ||
euthanasia technician or a certified euthanasia
agency without | ||
being certified
under
this Act shall, in addition to any other | ||
penalty provided by law, pay a civil
penalty
to the Department | ||
in an amount not to exceed $10,000 $5,000 for each offense as
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determined by the Department. The civil penalty shall be | ||
assessed by the
Department after a hearing is held in | ||
accordance with the provisions set forth
in
this Act regarding | ||
the provision of a hearing for the discipline of a certified
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euthanasia technician or a certified euthanasia agency. The | ||
civil penalty must
be paid within 60 days after
the
effective | ||
date of the order imposing the civil penalty. The order shall
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constitute a
judgment and may be filed and executed in the same | ||
manner as any judgment
from any court of record.
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(b) The Department may investigate any uncertified | ||
activity.
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(c) Instructors or licensed veterinarians teaching humane | ||
euthanasia techniques
are exempt from the certification | ||
process so long as they are currently licensed by another state | ||
as a euthanasia technician or as a veterinarian.
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(Source: P.A. 92-449, eff. 1-1-02.)
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(510 ILCS 72/165)
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Sec. 165. Criminal penalties. An agency
or technician
who | ||
is found to have violated a
provision of
this Act is guilty of | ||
a Class A misdemeanor. On conviction of a second or
subsequent
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offense, the violator shall be guilty of a Class 4 felony. The | ||
Department shall, for the purpose of criminal investigation and | ||
prosecution, refer alleged violations of this Act to (i) local | ||
law enforcement officials or the Illinois State Police and (ii) | ||
the State's Attorney of the county within which the violation | ||
occurred. The Department shall, for the purpose of criminal | ||
investigation and prosecution, refer alleged violations of the | ||
Humane Care for Animals Act to (i) local law enforcement | ||
officials or the Illinois State Police and (ii) the State's | ||
Attorney of the county within which the violation occurred.
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(Source: P.A. 92-449, eff. 1-1-02.)
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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