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 
3replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Veterinary Medicine and Surgery Practice 
6Act 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8    (Section scheduled to be repealed on January 1, 2014)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 
10of 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 
22adding 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 
10contrary, no person shall dock the tail of any cattle or 
11procure the same to be done.
12    (c) Notwithstanding subsection (b) of this Section, cattle 
13tail 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 
25Class C misdemeanor and shall pay a fine not to exceed $500 for 
26each animal whose tail was docked.

 
 
 
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1    Section 97. Severability. The provisions of this Act are 
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.".