(225 ILCS 115/3)
(from Ch. 111, par. 7003)
(Section scheduled to be repealed on January 1, 2024)
following terms have the meanings indicated, unless the context requires
"Accredited college of veterinary medicine" means a veterinary college,
school, or division of a university or college that offers the degree of Doctor
of Veterinary Medicine or its equivalent and that is accredited by the Council
on Education of the American Veterinary Medical Association (AVMA).
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department.
"Accredited program in veterinary technology" means any post-secondary educational program that is accredited by the AVMA's Committee on Veterinary Technician Education and Activities or any veterinary technician program that is recognized as its equivalent by the AVMA's Committee on Veterinary Technician Education and Activities.
"Animal" means any animal, vertebrate or invertebrate, other than a human.
"Board" means the Veterinary Licensing and Disciplinary Board.
"Certified veterinary technician" means a person who is validly and currently licensed to practice veterinary technology in this State.
"Client" means an entity, person, group, or corporation that has entered into
an agreement with a veterinarian for the purposes of obtaining veterinary
"Complementary, alternative, and integrative therapies" means a heterogeneous group of diagnostic and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. "Complementary, alternative, and integrative therapies" include, but are not limited to, veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy or therapy based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy; veterinary nutraceutical therapy; veterinary phytotherapy; and other therapies as defined by rule.
"Consultation" means when a veterinarian receives advice in person,
telephonically, electronically, or by any other method of communication from a
veterinarian licensed in this or any other state or other person whose
expertise, in the opinion of the veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the patient remains
with the veterinarian receiving consultation.
"Department" means the Department of Financial and Professional Regulation.
"Direct supervision" means the supervising veterinarian is readily available on the premises
where the animal is being treated.
"Immediate supervision" means the supervising veterinarian is in the immediate area, within audible and visual range of the animal patient and the person treating the patient.
"Impaired veterinarian" means a veterinarian who is unable to practice
veterinary medicine with reasonable skill and safety because of a physical or
mental disability as evidenced by a written determination or written consent
based on clinical evidence, including deterioration through the aging process,
loss of motor skills, or abuse of drugs or alcohol of sufficient degree to
diminish a person's ability to deliver competent patient care.
"Indirect supervision" means the supervising veterinarian need not be on the
premises, but has given either written or oral instructions for the treatment
of the animal and is available by telephone or other form of communication.
"Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this State.
"Patient" means an animal that is examined or treated by a veterinarian.
"Person" means an individual, firm, partnership (general, limited, or limited
liability), association, joint venture, cooperative, corporation, limited
liability company, or any other group or combination acting in concert, whether
or not acting as a principal, partner, member, trustee, fiduciary, receiver, or
any other kind of legal or personal representative, or as the successor in
interest, assignee, agent, factor, servant, employee, director, officer, or any
other representative of such person.
"Practice of veterinary medicine" means to diagnose, prognose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode; including the performance of one or more of the
(1) Prescribing, dispensing, administering, applying,
or ordering the administration of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance, or medical or surgical technique.
(3) Performing upon an animal a surgical or dental
(3.5) Performing upon an animal complementary,
alternative, or integrative therapy.
(4) Performing upon an animal any manual or
mechanical procedure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility.
(4.5) The rendering of advice or recommendation by
any means, including telephonic and other electronic communications, with regard to the performing upon an animal any manual or mechanical procedure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility.
(5) Determining the health and fitness of an animal.
(6) Representing oneself, directly or indirectly, as
engaging in the practice of veterinary medicine.
(7) Using any word, letters, or title under such
circumstances as to induce the belief that the person using them is qualified to engage in the practice of veterinary medicine or any of its branches. Such use shall be prima facie evidence of the intention to represent oneself as engaging in the practice of veterinary medicine.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Supervising veterinarian" means a veterinarian who assumes responsibility
for the professional care given to an animal by a person working under his or
her direction in either an immediate, direct, or indirect supervision arrangement. The supervising veterinarian must have examined the animal at
such time as acceptable veterinary medical practices requires, consistent with
the particular delegated animal health care task.
"Therapeutic" means the treatment, control, and prevention of disease.
"Veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this State.
"Veterinarian-client-patient relationship" means that all of the following conditions have been met:
(1) The veterinarian has assumed the responsibility
for making clinical judgments regarding the health of an animal and the need for medical treatment and the client, owner, or other caretaker has agreed to follow the instructions of the veterinarian;
(2) There is sufficient knowledge of an animal by the
veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, or the veterinarian has access to the animal patient's records and has been designated by the veterinarian with the prior relationship to provide reasonable and appropriate medical care if he or she is unavailable; and
(3) The practicing veterinarian is readily available
for follow-up in case of adverse reactions or failure of the treatment regimen or, if unavailable, has designated another available veterinarian who has access to the animal patient's records to provide reasonable and appropriate medical care.
"Veterinarian-client-patient relationship" does not mean a relationship solely based on telephonic or other electronic communications.
"Veterinary medicine" means all branches and specialties included within the practice of veterinary medicine.
"Veterinary premises" means any premises or facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile clinic, outpatient clinic, satellite clinic, or veterinary hospital or clinic. "Veterinary premises" does not mean the premises of a veterinary client, research facility, a federal military base, or an accredited college of veterinary medicine.
"Veterinary prescription drugs" means those drugs restricted to use by or on the order of a licensed veterinarian in accordance with Section 503(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353).
"Veterinary specialist" means that a veterinarian is a diplomate within an AVMA-recognized veterinary specialty organization.
"Veterinary technology" means the performance of services within the field of
veterinary medicine by a person who, for compensation or personal profit, is
employed by a licensed veterinarian to perform duties that require an
understanding of veterinary medicine necessary to carry out the orders of
the veterinarian. Those services, however, shall not include diagnosing,
prognosing, writing prescriptions, or surgery.
(Source: P.A. 98-339, eff. 12-31-13.)
(225 ILCS 115/4)
(from Ch. 111, par. 7004)
(Section scheduled to be repealed on January 1, 2024)
Nothing in this Act shall apply to any of the
(1) Veterinarians employed by the federal or State
government while engaged in their official duties.
(2) Licensed veterinarians from other states who are
invited to Illinois for consultation by a veterinarian licensed in Illinois.
(3) Veterinarians employed by colleges or
universities while engaged in the performance of their official duties, or faculty engaged in animal husbandry or animal management programs of colleges or universities.
(3.5) A veterinarian or veterinary technician from
another state or country who (A) is not licensed under this Act; (B) is currently licensed as a veterinarian or veterinary technician in another state or country, or otherwise exempt from licensure in the other state; (C) is an invited guest of a professional veterinary association, veterinary training program, or continuing education provider approved by the Department; and (D) engages in professional education through lectures, clinics, or demonstrations.
(4) A veterinarian employed by an accredited college
of veterinary medicine providing assistance requested by a veterinarian licensed in Illinois, acting with informed consent from the client and acting under the direct or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship.
(5) Veterinary students in an accredited college of
veterinary medicine, university, department of a university, or other institution of veterinary medicine and surgery engaged in duties assigned by their instructors or working under the immediate or direct supervision of a licensed veterinarian.
(5.5) Students of an accredited program in veterinary
technology performing veterinary technology duties or actions assigned by instructors or working under the immediate or direct supervision of a licensed veterinarian.
(6) Any person engaged in bona fide scientific
research which requires the use of animals.
(7) An owner of livestock and any of the owner's
employees or the owner and employees of a service and care provider of livestock caring for and treating livestock belonging to the owner or under a provider's care, including but not limited to, the performance of husbandry and livestock management practices such as dehorning, castration, emasculation, or docking of cattle, horses, sheep, goats, and swine, artificial insemination, and drawing of semen. Nor shall this Act be construed to prohibit any person from administering in a humane manner medicinal or surgical treatment to any livestock in the care of such person. However, any such services shall comply with the Humane Care for Animals Act.
(8) An owner of an animal, or an agent of the owner
acting with the owner's approval, in caring for, training, or treating an animal belonging to the owner, so long as that individual or agent does not represent himself or herself as a veterinarian or use any title associated with the practice of veterinary medicine or surgery or diagnose, prescribe drugs, or perform surgery. The agent shall provide the owner with a written statement summarizing the nature of the services provided and obtain a signed acknowledgment from the owner that they accept the services provided. The services shall comply with the Humane Care for Animals Act. The provisions of this item (8) do not apply to a person who is exempt under item (7).
(9) A member in good standing of another licensed or
regulated profession within any state or a member of an organization or group approved by the Department by rule providing assistance that is requested in writing by a veterinarian licensed in this State acting within a veterinarian-client-patient relationship and with informed consent from the client and the member is acting under the immediate, direct, or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient, as defined by rule. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship, but shall be immune from liability, except for willful and wanton conduct, in any civil or criminal action if a member providing assistance does not meet the requirements of this item (9).
(10) A graduate of a non-accredited college of
veterinary medicine who is in the process of obtaining a certificate of educational equivalence and is performing duties or actions assigned by instructors in an approved college of veterinary medicine.
(10.5) A veterinarian who is enrolled in a
postgraduate instructional program in an accredited college of veterinary medicine performing duties or actions assigned by instructors or working under the immediate or direct supervision of a licensed veterinarian or a faculty member of the College of Veterinary Medicine at the University of Illinois.
(11) A certified euthanasia technician who is
authorized to perform euthanasia in the course and scope of his or her employment only as permitted by the Humane Euthanasia in Animal Shelters Act.
(12) A person who, without expectation of
compensation, provides emergency veterinary care in an emergency or disaster situation so long as he or she does not represent himself or herself as a veterinarian or use a title or degree pertaining to the practice of veterinary medicine and surgery.
(13) Any certified veterinary technician or other
employee of a licensed veterinarian performing permitted duties other than diagnosis, prognosis, prescription, or surgery under the appropriate direction and supervision of the veterinarian, who shall be responsible for the performance of the employee.
(13.5) Any pharmacist licensed in the State,
merchant, or manufacturer selling at his or her regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases as permitted by law and provided that the services he or she provides do not include diagnosing, prognosing, writing prescriptions, or surgery.
(14) An approved humane investigator regulated under
the Humane Care for Animals Act or employee of a shelter licensed under the Animal Welfare Act, working under the indirect supervision of a licensed veterinarian.
(15) An individual providing equine dentistry
services requested by a veterinarian licensed to practice in this State, an owner, or an owner's agent. For the purposes of this item (15), "equine dentistry services" means floating teeth without the use of drugs or extraction.
(15.5) In the event of an emergency or disaster, a
veterinarian or veterinary technician not licensed in this State who (A) is responding to a request for assistance from the Illinois Department of Agriculture, the Illinois Department of Public Health, the Illinois Emergency Management Agency, or other State agency as determined by the Department; (B) is licensed and in good standing in another state; and (C) has been granted a temporary waiver from licensure by the Department.
(16) Private treaty sale of animals unless otherwise
(Source: P.A. 98-339, eff. 12-31-13.)
(225 ILCS 115/25)
(from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2024)
1. The Department may refuse to issue or renew, or may revoke,
suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem appropriate, including imposing fines not to
exceed $10,000 for each violation and the assessment of costs as provided for in Section 25.3 of this Act, with regard to any
license or certificate for any one or combination of the following:
A. Material misstatement in furnishing information to
B. Violations of this Act, or of the rules adopted
C. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
D. Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with applying for renewal of a license under this Act.
E. Professional incompetence.
G. Aiding or assisting another person in violating
any provision of this Act or rules.
H. Failing, within 60 days, to provide information in
response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
J. Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
K. Discipline by another state, unit of government,
government agency, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
L. Charging for professional services not rendered,
including filing false statements for the collection of fees for which services are not rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or certificate placed on probationary status, has violated the terms of probation.
N. Willfully making or filing false records or
reports in his practice, including but not limited to false records filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor skill which results in the inability to practice under this Act with reasonable judgment, skill, or safety.
P. Solicitation of professional services other than
Q. Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health
certificate, shipping certificate, brand inspection certificate, or other blank forms used in practice that might lead to the dissemination of disease or the transportation of diseased animals dead or alive; or dilatory methods, willful neglect, or misrepresentation in the inspection of milk, meat, poultry, and the by-products thereof.
V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Mental illness or disability that results in the
inability to practice under this Act with reasonable judgment, skill, or safety.
Z. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of any law governing the practice of veterinary medicine, if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner to exploit the client for financial gain of the veterinarian.
BB. Gross, willful, or continued overcharging for
CC. Practicing under a false or, except as provided
DD. Violating state or federal laws or regulations
relating to controlled substances or legend drugs.
EE. Cheating on or attempting to subvert the
licensing examination administered under this Act.
FF. Using, prescribing, or selling a prescription
drug or the extra-label use of a prescription drug by any means in the absence of a valid veterinarian-client-patient relationship.
GG. Failing to report a case of suspected aggravated
cruelty, torture, or animal fighting pursuant to Section 3.07 or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012.
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
2. The determination by a circuit court that a licensee or certificate
holder is subject to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or judicial admission and
issues an order so finding and discharging the patient. In any case where a license is suspended under this provision, the licensee shall file a petition for restoration and shall include evidence acceptable to the Department that the licensee can resume practice in compliance with acceptable and prevailing standards of his or her profession.
3. All proceedings to suspend, revoke, place on probationary status, or
take any other disciplinary action as the Department may deem proper, with
regard to a license or certificate on any of the foregoing grounds, must be
commenced within 5 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order for any of the
acts described in this Section. Except for proceedings brought for violations
of items (CC), (DD), or (EE), no action shall be commenced more than 5 years
after the date of the incident or act alleged to have violated this Section.
In the event of the settlement of any claim or cause of action in favor of the
claimant or the reduction to final judgment of any civil action in favor of the
plaintiff, the claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act was negligent in
providing care, the Department shall have an additional period of one year from
the date of the settlement or final judgment in which to investigate and begin
formal disciplinary proceedings under Section 25.2 of this Act, except as
otherwise provided by law. The time during which the holder of the license or
certificate was outside the State of Illinois shall not be included within any
period of time limiting the commencement of disciplinary action by the
4. The Department may refuse to issue or may suspend without hearing, as provided for in the Illinois Code of Civil Procedure,
the license of any person who fails to file a return, to pay the tax, penalty,
shown in a filed return, or to pay any final assessment of tax, penalty, or
required by any tax Act administered by the Illinois Department of Revenue, until such
the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
5. In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is registered under this Act or any individual who has applied for registration to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the registrant or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the registrant or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing, until such time as the individual submits to the examination. If the Department finds a registrant unable to practice because of the reasons set forth in this Section, the Department shall require such registrant to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed registration.
In instances in which the Secretary immediately suspends a registration under this Section, a hearing upon such person's registration must be convened by the Department within 15 days after such suspension and completed without appreciable delay. The Department shall have the authority to review the registrant's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
Individuals registered under this Act who are affected under this Section, shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their registration.
7. In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
(Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
(225 ILCS 115/25.17)
(Section scheduled to be repealed on January 1, 2024)
Disclosure of patient records; maintenance.
(a) No veterinarian shall be required to
disclose any information concerning the veterinarian's care of an animal except
on written authorization or other waiver by the veterinarian's client or on
appropriate court order or subpoena. Any veterinarian releasing information
under written authorization, or other waiver by the client, or court order of
subpoena is not liable to the client or any other person. The privilege
provided by this Section is waived to the extent that the veterinarian's client
or the owner of the animal places the care and treatment or the nature and
extent of injuries to the animal at issue in any civil or criminal proceeding.
When communicable disease laws, cruelty to animal laws, or laws providing for
public health and safety are involved, the privilege provided by this Section
(b) Copies of patient records must be released to the client upon written request as provided for by rule.
(c) Each person who provides veterinary medical services shall maintain appropriate patient records as defined by rule. The patient records are the property of the practice and the practice owner. Patient records shall, if applicable, include the following:
(1) patient identification;
(2) client identification;
(3) dated reason for visit and pertinent history;
(4) physical exam findings;
(5) diagnostic, medical, surgical or therapeutic
(6) all medical treatment must include identification
of each medication given in the practice, together with the date, dosage, and route of administration and frequency and duration of treatment;
(7) all medicines dispensed or prescribed must be
recorded, including directions for use and quantity;
(8) any changes in medications or dosages, including
telephonically or electronically initiated changes, must be recorded;
(9) if a necropsy is performed, then the record must
(10) any written records and notes, radiographs,
sonographic images, video recordings, photographs or other images, and laboratory reports;
(11) other information received as the result of
(12) identification of any designated agent of the
client for the purpose of authorizing veterinary medical or animal health care decisions; and
(13) any authorizations, releases, waivers, or other
(d) Patient records must be maintained for a minimum of 5 years from the date of the last known contact with an animal patient.
(e) Information and records related to patient care shall remain confidential except as provided in subsections (a) and (b) of this Section.
(Source: P.A. 96-1322, eff. 7-27-10