Public Act 93-0281

SB386 Enrolled                       LRB093 07650 AMC 07829 b

    AN ACT concerning professional regulation.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The  Regulatory  Sunset  Act  is  amended  by
changing Sections 4.14 and 4.24 as follows:

    (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
    Sec. 4.14.  Acts repealed.
    (a)  The following Acts are repealed December 31, 2003:
         The  Private  Detective,  Private Alarm, and Private
    Security Act of 1993.
         The Illinois Occupational Therapy Practice Act.
    (b)  The following Acts are repealed January 1, 2004:
         The Illinois Certified Shorthand  Reporters  Act  of
    1984.
         The  Veterinary Medicine and Surgery Practice Act of
    1994.
(Source: P.A. 92-457, eff 8-21-01.)

    (5 ILCS 80/4.24)
    Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
following Acts are repealed on January 1, 2014:
    The Electrologist Licensing Act.
    The Illinois Public Accounting Act.
    The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

    Section  10.   The  Environmental   Health   Practitioner
Licensing Act is amended by changing Section 16 as follows:

    (225 ILCS 37/16)
    (Section scheduled to be repealed on January 1, 2007)
    Sec.  16.  Exemptions.   This  Act  does  not prohibit or
restrict any of the following:
    (1)  A person performing the functions and duties  of  an
environmental   health   practitioner   under   the   general
supervision  of  a licensed environmental health practitioner
or licensed professional engineer if that person (i)  is  not
responsible  for  the administration or supervision of one or
more employees engaged in an  environmental  health  program,
(ii)  establishes  a  method of verbal communication with the
licensed  environmental  health  practitioner   or   licensed
professional  engineer  to  whom  they  can  refer and report
questions, problems, and emergency situations encountered  in
environmental  health  practice,  and  (iii)  has  his or her
written reports reviewed monthly by a licensed  environmental
health practitioner or licensed professional engineer.
    (2)  A  person licensed in this State under any other Act
from engaging  in  the  practice  for  which  he  or  she  is
licensed.
    (3)  A   person  working  in  laboratories  licensed  by,
registered with, or operated by the State of Illinois.
    (4)  A person employed by a  State-licensed  health  care
facility  who engages in the practice of environmental health
or whose  job  responsibilities  include  ensuring  that  the
environment  in  the health care facility is healthy and safe
for employees, patients, and visitors.
    (5)  A person employed with the  Illinois  Department  of
Agriculture  who  engages  in meat and poultry inspections or
environmental  inspections  under  the   authority   of   the
Department of Agriculture.
    (6)  A  person  holding  a degree of Doctor of Veterinary
Medicine  and  Surgery  and  licensed  under  the  Veterinary
Medicine and Surgery Practice Act of 2004.
(Source: P.A. 92-837, eff. 8-22-02.)
    Section 15.  The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by changing Sections 2, 3,  4,  5,  8,
8.1,  11,  12,  15,  24.1, and 25 and adding Section 25.19 as
follows:

    (225 ILCS 115/2) (from Ch. 111, par. 7002)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 2.  This Act may be cited as the Veterinary Medicine
and Surgery Practice Act of 2004 1994.
(Source: P.A. 88-424.)

    (225 ILCS 115/3) (from Ch. 111, par. 7003)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 3.   Definitions;  unlicensed  practice  prohibited.
(a)  The  following terms have the meanings indicated, unless
the context requires otherwise:
    "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.
    "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  has
graduated  from a veterinary technology program accredited by
the  Committee  on  Veterinary   Technician   Education   and
Activities of the American Veterinary Medical Association who
has  filed  an application with the Department, paid the fee,
passed the examination as prescribed by rule, and works under
a supervising veterinarian.
    "Client" means an entity, person, group,  or  corporation
that  has  entered  into an agreement with a veterinarian for
the purposes of obtaining veterinary medical services.
    "Complementary, alternative, and  integrative  therapies"
means  preventative,  diagnostic,  and  therapeutic practices
that, at the time they are performed, may differ from current
scientific knowledge or for which the theoretical  basis  and
techniques  may  diverge  from  veterinary medicine routinely
taught  in  approved  veterinary  medical   programs.    This
includes  but  is  not  limited  to  veterinary  acupuncture,
acutherapy,  acupressure,  veterinary  homeopathy, veterinary
manual or  manipulative  therapy  (i.e.  therapies  based  on
techniques practiced in osteopathy, chiropractic medicine, or
physical  medicine  and  therapy),  veterinary  nutraceutical
therapy,  veterinary  phytotherapy,  or  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  Professional
Regulation.
    "Direct supervision" means the  supervising  veterinarian
is on the premises where the animal is being treated.
    "Director" means the Director of Professional Regulation.
    "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.
    "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  the  performance
of one or more of the following:
         (1)  Directly  or indirectly consulting, diagnosing,
    prognosing,  correcting,  supervising,  or   recommending
    treatment  of  an  animal  for  the  prevention, cure, or
    relief of  a  wound,  fracture,  bodily  injury,  defect,
    disease, or physical or mental condition by any method or
    mode.
         (2)  Prescribing,  dispensing,  or  administering  a
    drug,   medicine,  biologic  appliance,  application,  or
    treatment of whatever nature.
         (3)  Performing upon an animal a surgical or  dental
    operation or a complementary, alternative, or integrative
    veterinary medical procedure.
         (4)  Performing  upon an animal any manual procedure
    for the diagnoses 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.
    "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.   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.
    "Veterinarian-client-patient relationship" means:
         (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; and
         (3)  The   practicing   veterinarian   is    readily
    available  for  follow-up in case of adverse reactions or
    failure of the regimen of therapy.
    "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.
    (A)  "Department" means the  Department  of  Professional
Regulation.
    (B)  "Board"   means   the   Veterinary   Licensing   and
Disciplinary Board.
    (C)  "Director"  means  the Director of the Department of
Professional Regulation.
    (D)  "Veterinarian" means a person holding the degree  of
Doctor  of Veterinary Medicine and Surgery and licensed under
this Act.
    (E)  The practice  of  veterinary  medicine  and  surgery
occurs when a person:
         (1)  Directly  or  indirectly  diagnoses, prognoses,
    treats, administers  to,  prescribes  for,  operates  on,
    manipulates or applies any apparatus or appliance for any
    disease,   pain,  deformity,  defect,  injury,  wound  or
    physical or mental condition of any animal or bird or for
    the prevention of, or to test for  the  presence  of  any
    disease   of   any  animal  or  bird.   The  practice  of
    veterinary medicine  and  surgery  includes  veterinarian
    dentistry.
         (2)  Represents himself or herself as engaged in the
    practice of veterinary medicine and surgery as defined in
    paragraph  (1)  of  this  subsection,  or uses any words,
    letters or titles  in  such  connection  and  under  such
    circumstances  as  to  induce  the belief that the person
    using them is  engaged  in  the  practice  of  veterinary
    medicine and surgery in any of its branches, or that such
    person is a Doctor of Veterinary Medicine.
    (F)  "Animal"  means  any  bird, fish, reptile, or mammal
other than man.
    (G)  "Veterinarian client - patient relationship" means:
         (1)  The veterinarian has assumed the responsibility
    for making medical 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.
         (3)  The    practicing   veterinarian   is   readily
    available for follow-up in case of adverse  reactions  or
    failure of the regimen of therapy.
    (b)  Subject  to the exemptions in Section 4 of this Act,
no person shall practice veterinary medicine and  surgery  in
any of its branches without a valid license to do so.
(Source: P.A. 90-655, eff. 7-30-98.)

    (225 ILCS 115/4) (from Ch. 111, par. 7004)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.  4.  Exemptions.  Nothing in this Act shall apply to
any of the following:
         (1)  Veterinarians employed by the federal or  State
    government  Federal  Government while actually engaged in
    their official duties.
         (2)  Licensed veterinarians from  other  states  who
    are invited to Illinois for consultation or lecturing.
         (3)  Veterinarians    employed    by   colleges   or
    universities or by state agencies, while engaged  in  the
    performance  of their official duties, or faculty engaged
    in animal husbandry  or  animal  management  programs  of
    colleges or universities.
         (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)(4)  Veterinary   students   in   an   accredited
    approved college, university, department of a university,
    or other institution of veterinary medicine  and  surgery
    engaged in while in the performance of duties assigned by
    their instructors.
         (6)(5)  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  requested  by a veterinarian
    licensed in this State 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,
    as defined by  rule.   The  licensed  veterinarian  shall
    maintain          responsibility          for         the
    veterinarian-client-patient relationship.
         (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.
         (11)  A  certified  euthanasia  technician  who   is
    authorized  to perform euthanasia in the course and scope
    of his or her employment.
         (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)  An  employee  of   a   licensed   veterinarian
    performing   duties   other  than  diagnosis,  prognosis,
    prescription,  or  surgery  under   the   direction   and
    supervision of the veterinarian, who shall be responsible
    for the performance of the employee.
         (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.
         (16)  Private   treaty   sale   of   animals  unless
    otherwise   provided   by   law.   (6)  The    dehorning,
    castration,  emasculation  or  docking of cattle, horses,
    sheep, goats and swine in the course or exchange of  work
    for   which  no  monetary  compensation  is  paid  or  to
    artificial insemination and the  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 animal belonging to such person, unless
    title  has  been   transferred   for   the   purpose   of
    circumventing this Act.  However, any such services shall
    comply with the Humane Care for Animals Act.
         (7)  Members  of  other  licensed professions or any
    other  individuals  when  called  for  consultation   and
    assistance  by  a  veterinarian  licensed in the State of
    Illinois and who act under  the  supervision,  direction,
    and  control  of  the veterinarian, as further defined by
    rule of the Department.
         (8)  Certified euthanasia technicians.
(Source: P.A. 92-449, eff. 1-1-02.)

    (225 ILCS 115/5) (from Ch. 111, par. 7005)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 5.  No person shall practice veterinary medicine and
surgery in any of its branches without a valid license to  do
so.   Any person not licensed under this Act who performs any
of the functions described  as  the  practice  of  veterinary
medicine  or surgery as defined in this Act, who announces to
the public in any way an  intention  to  practice  veterinary
medicine and surgery, who uses the title Doctor of Veterinary
Medicine  or  the  initials D.V.M. or V.M.D., or who opens an
office, hospital, or clinic for such purposes  is  considered
to  have  violated  this  Act  and  may be subject to all the
penalties provided for such violations.
    It shall be unlawful for any person who is  not  licensed
in this State to provide veterinary medical services from any
state   to   a  client  or  patient  in  this  State  through
telephonic,  electronic,  or  other  means,  except  where  a
bonafide veterinarian-client-patient relationship exists.
    Nothing in this Act shall be construed to prevent members
of other professions from performing functions for which they
are duly licensed.  Other  professionals  may  not,  however,
hold  themselves  out  or refer to themselves by any title or
descriptions stating or implying that they are engaged in the
practice of veterinary medicine or that they are licensed  to
engage in the practice of veterinary medicine.
(Source: P.A. 83-1016.)

    (225 ILCS 115/8) (from Ch. 111, par. 7008)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.  8. Qualifications. A person is qualified to receive
a license if he or she: (1) is of good moral  character;  (2)
has  graduated  from  an  accredited  college  or  school  of
veterinary   medicine  has  received  at  least  2  years  of
preveterinary collegiate training; (3) has graduated  from  a
veterinary  school  that requires for graduation a 4-year, or
equivalent,  course  in  veterinary  medicine   and   surgery
approved  by  the  Department;  and  (3)(4)  has  passed  the
examination authorized by the Department to determine fitness
to hold a license.
    Applicants  for  licensure from non-accredited veterinary
schools are required to successfully complete  a  program  of
educational   equivalency  as  established  by  rule.   At  a
minimum, this program shall include all of the following:
         (1)  A certified  transcript  indicating  graduation
    from such college.
         (2)  Successful   completion   of   a  communication
    ability  examination  designed  to  assess  communication
    skills, including a command of the English language.
         (3)  Successful  completion  of  an  examination  or
    assessment mechanism  designed  to  evaluate  educational
    equivalence,  including  both  preclinical  and  clinical
    competencies.
         (4)  Any   other   reasonable  assessment  mechanism
    designed to ensure an applicant possesses the educational
    background necessary to protect  the  public  health  and
    safety.
    Successful  completion  of the criteria set forth in this

Section shall establish education equivalence as one  of  the
criteria  for  licensure  set  forth in this Act.  Applicants
under  this  Section  must  also  meet  all  other  statutory
criteria for licensure prior to  the  issuance  of  any  such
license, including graduation from veterinary school.
    A  graduate  of  a non-approved veterinary school who was
issued a work permit by the Department before  the  effective
date  of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of  a  licensed
veterinarian until the expiration of his or her permit.
    With   respect  to  graduates  of  unapproved  veterinary
programs, the Department shall  determine  if  such  programs
meet  standards equivalent to those set forth in clauses (2),
(3), and (4) of Section 9 of this Act.
    Graduates of non-approved veterinary schools are required
to pass a proficiency examination specified by the Department
or to provide one year of evaluated clinical experience as an
employee of a licensed veterinarian.  Prior  to  hiring  such
person,  the licensed veterinarian shall notify the Board, in
writing, and shall employ such persons only upon the  written
approval  of  the Board.  Such approval shall be for one year
only and is not renewable.   Such  clinical  employees  shall
treat  animals  only  under  the  direct  supervision  of the
licensed veterinarian.
    In determining moral character under  this  Section,  the
Department  may take into consideration any felony conviction
of the applicant, but such a conviction shall not operate  as
a  bar  to  obtaining  a  license.   The  Department may also
request the applicant to submit and may consider as  evidence
of  moral character, endorsements from 2 individuals licensed
under this Act.
(Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)

    (225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 8.1.  Certified  veterinary  technician.  "Certified
veterinary  technician" means a person who has graduated from
a veterinary technology program accredited  by  the  American
Veterinary  Medical  Association who has filed an application
with the Department, paid the fee, and passed the examination
as prescribed by rule.  Veterinary technology is  defined  as
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  as  required
in  carrying  out  the  orders of the veterinarian.  However,
those services  shall  not  include  diagnosing,  prognosing,
writing  prescriptions,  or  surgery.   A  person  who  is  a
certified  as a veterinary technician who performs veterinary
technology contrary to this  Act  is  guilty  of  a  Class  A
misdemeanor  and shall be subject to the revocation of his or
her certificate.  However, these penalties  and  restrictions
shall  not  apply  to  a  student while performing activities
required as a part of his or her training.
    The Department and  the  Board  are  authorized  to  hold
hearings,  reprimand,  suspend, revoke, or refuse to issue or
renew a certificate and to perform any other acts that may be
necessary to regulate certified veterinary technicians  in  a
manner  consistent  with the provisions of the Act applicable
to veterinarians.
    The  title  "Certified  veterinary  technician"  and  the
initials "CVT" may only be used by persons certified  by  the
Department.   A  person  who  uses  these  titles without the
certification as provided in this  Section  is  guilty  of  a
Class A misdemeanor.
    Certified  veterinary  technicians  shall  be required to
complete continuing education as prescribed by rule to  renew
their certification.
(Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)

    (225 ILCS 115/11) (from Ch. 111, par. 7011)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.  11.  Temporary permits. A person holding the degree
of Doctor of Veterinary Medicine, or its equivalent, from  an
accredited college of veterinary medicine approved veterinary
program, and who has applied in writing to the Department for
a  license to practice veterinary medicine and surgery in any
of its branches, and who has fulfilled  the  requirements  of
Section  8  of  this  Act,  with  the exception of receipt of
notification of his or her examination results, may  receive,
at  the  discretion  of the Department, a temporary permit to
practice  under  the  direct  supervision  of   a   specified
veterinarian  who  is  licensed in this State, until: (1) the
applicant has been notified of the results of the examination
authorized by  the  Department;  or  (2)  the  applicant  has
withdrawn his or her application.
    A  temporary  permit may be issued by the Department to a
person who is a  veterinarian  licensed  under  the  laws  of
another state, a territory of the United States, or a foreign
country,  upon application in writing to the Department for a
license under this Act if he or she is qualified to receive a
license and until: (1) the expiration of 6 months  after  the
filing  of the written application, (2) the withdrawal of the
application or (3) the  denial  of  the  application  by  the
Department.
    A temporary permit issued under this Section shall not be
extended  or renewed.  The holder of a temporary permit shall
perform only  those  acts  that  may  be  prescribed  by  and
incidental  to  his  or  her employment and that act shall be
performed under the  direction  of  a  supervising  specified
licensed  veterinarian  who  is  licensed in this State.  The
holder of the temporary permit He shall not  be  entitled  to
otherwise engage in the practice of veterinary medicine until
fully licensed in this State.
    Upon the revocation of a temporary permit, the Department
shall  immediately notify, by certified mail, the supervising
specified veterinarian employing the holder  of  a  temporary
permit  and  the  holder  of  the permit.  A temporary permit
shall be revoked by the Department upon proof that the holder
of the permit has  engaged  in  the  practice  of  veterinary
medicine  in this State outside his or her employment under a
licensed veterinarian.
(Source: P.A. 90-655, eff. 7-30-98.)

    (225 ILCS 115/12) (from Ch. 111, par. 7012)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 12.  Inactive status. Any veterinarian or  certified
veterinary  technician who notifies the Department in writing
on the prescribed form  may  place  his  or  her  license  or
certification  on  an  inactive  status and shall, subject to
rule,  be  exempt  from  payment  of  the  renewal  fee   and
compliance  with  the continuing education requirements until
he or she notifies the Department in writing of  his  or  her
intention to resume active status.
    Any   veterinarian  or  certified  veterinary  technician
requesting restoration from inactive status shall be required
to complete  the  continuing  education  requirements  for  a
single  license  or  certificate  renewal period, pursuant to
rule, and pay the current renewal fee to restore his  or  her
license or certification as provided in this Act.
    Any  veterinarian  whose  license  is  in inactive status
shall not practice veterinary medicine and  surgery  in  this
State.
    A  graduate  of  a non-approved veterinary school who was
issued a work permit by the Department before  the  effective
date  of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of  a  licensed
veterinarian until the expiration of his or her permit.
(Source: P.A. 88-424.)

    (225 ILCS 115/15) (from Ch. 111, par. 7015)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.   15.    Expiration  and  renewal  of  license.  The
expiration date  and  renewal  period  for  each  license  or
certificate   shall  be  set  by  rule.   A  veterinarian  or
certified veterinary technician whose license or  certificate
has  expired  may reinstate his or her license or certificate
at any time within 5 years after the expiration  thereof,  by
making  a  renewal application and by paying the required fee
and submitting proof of the  required  continuing  education.
However,  any veterinarian or certified veterinary technician
whose license or certificate expired while he or she was  (1)
on  active duty with the Armed Forces of the United States or
called into service or training by the State militia  or  (2)
in  training or education under the supervision of the United
States preliminary to induction into  the  military  service,
may  have  his license or certificate renewed, reinstated, or
restored without paying any lapsed renewal fees if  within  2
years   after   termination  of  the  service,  training,  or
education the  veterinarian  furnishes  the  Department  with
satisfactory  evidence of service, training, or education and
it has been terminated under honorable conditions.
    Any veterinarian or certified veterinary technician whose
license or certificate has expired for more than 5 years  may
have  it restored by making application to the Department and
filing acceptable proof of fitness to  have  the  license  or
certificate  restored.  The  proof may include sworn evidence
certifying active  practice  in  another  jurisdiction.   The
veterinarian  or  certified  veterinary technician shall also
pay the required restoration fee  and  submit  proof  of  the
required   continuing  education.   If  the  veterinarian  or
certified veterinary technician has not practiced for 5 years
or more, the Board shall determine by an  evaluation  program
established  by rule, whether the individual is fit to resume
active status and may require the veterinarian to complete  a
period  of  evaluated  clinical  experience  and  may require
successful completion of a clinical examination.
(Source: P.A. 92-84, eff. 7-1-02.)

    (225 ILCS 115/24.1)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.    24.1.  Impaired     veterinarians.      "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.  The  Department  shall  establish  by  rule  a
program  of  care,  counseling, or treatment for the impaired
veterinarians veterinarian.
    "Program of  care,  counseling,  or  treatment"  means  a
written  schedule  of  organized treatment, care, counseling,
activities, or education satisfactory to the Board,  designed
for  the  purpose  of  restoring  an  impaired  person  to  a
condition whereby the impaired person can practice veterinary
medicine  with  reasonable  skill  and safety of a sufficient
degree to deliver competent patient care.
(Source: P.A. 88-424.)

    (225 ILCS 115/25) (from Ch. 111, par. 7025)
    (Section scheduled to be repealed on January 1, 2004)
    Sec. 25.  Disciplinary actions.
    1.  The Department may refuse to issue or renew,  or  may
revoke, suspend, place on probation, reprimand, or take other
disciplinary  action  as the Department may deem appropriate,
including fines not to exceed $1,000 for each violation, with
regard  to  any  license  or  certificate  for  any  one   or
combination of the following:
         A.  Material  misstatement in furnishing information
    to the Department.
         B.  Violations  of  this  Act,  or  of   the   rules
    promulgated under this Act.
         C.  Conviction  of  any  crime under the laws of the
    United States or any state or  territory  of  the  United
    States  that  is  a  felony  or that is a misdemeanor, an
    essential  element of which  is  dishonesty,  or  of  any
    crime  that  is  directly  related to the practice of the
    profession.
         D.  Making any misrepresentation for the purpose  of
    obtaining  licensure  or  certification, or violating any
    provision of this Act or the rules promulgated under this
    Act pertaining to advertising.
         E.  Professional incompetence.
         F.  Gross malpractice.
         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  addiction   to
    alcohol,  narcotics,  stimulants,  or  any other chemical
    agent or drug that results in the inability  to  practice
    with reasonable judgment, skill, or safety.
         K.  Discipline   by   another   state,  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.  Directly  or  indirectly  giving to or receiving
    from  any  person,  firm,  corporation,  partnership   or
    association  any fee, commission, rebate or other form of
    compensation for professional services  not  actually  or
    personally 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 the
    profession with reasonable judgement, skill or safety.
         P.  Solicitation of professional services other than
    permitted advertising.
         Q.  Having professional connection with  or  lending
    one's  name,  directly  or  indirectly,  to  any  illegal
    practitioner  of  veterinary medicine and surgery and the
    various branches thereof.
         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.  Failure  to (i) file a return, (ii) pay the tax,
    penalty, or interest shown in a filed  return,  or  (iii)
    pay any final assessment of tax, penalty, or interest, as
    required  by  any  tax  Act  administered by the Illinois
    Department of Revenue, until the requirements of that tax
    Act are satisfied.
         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
    professional services, including filing false  statements
    for  collection  of  fees  for  which  services  are  not
    rendered.
         CC.  Practicing under a false or, except as provided
    by law, an assumed name.
         DD.  Fraud  or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
         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 of the Criminal Code of 1961.
    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;   and  upon  the
recommendation of the Board to the Director that the licensee
or certificate holder be allowed to resume his practice.
    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 3 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 Department.
    4.  The   Department   may   refuse   to  issue  or  take
disciplinary action concerning the license of any person  who
fails  to file a return, to pay the tax, penalty, or interest
shown in a filed return, or to pay any  final  assessment  of
tax,  penalty,  or  interest  as  required  by  any  tax  Act
administered by the Department of Revenue, until such time as
the  requirements  of  any  such  tax  Act  are  satisfied as
determined by the Department of Revenue.
    5.  In enforcing this Section, the Board, upon a  showing
of  a  possible violation, may compel a licensee or applicant
to submit to a mental or physical examination,  or  both,  as
required  by  and  at  the  expense  of  the  Department. The
examining physicians or clinical psychologists shall be those
specifically designated  by  the  Board.  The  Board  or  the
Department  may  order (i) the examining physician to present
testimony concerning the mental or physical examination of  a
licensee   or   applicant  or  (ii)  the  examining  clinical
psychologist  to  present  testimony  concerning  the  mental
examination of a licensee or applicant. No information  shall
be  excluded  by  reason  of  any  common  law  or  statutory
privilege  relating  to  communications between a licensee or
applicant   and   the   examining   physician   or   clinical
psychologist. An individual to be examined may have,  at  his
or   her   own   expense,   another   physician  or  clinical
psychologist of his or her choice present during all  aspects
of  the  examination. Failure of an individual to submit to a
mental or physical examination, when directed, is grounds for
suspension of his or her license.  The  license  must  remain
suspended  until the person submits to the examination or the
Board finds, after notice and hearing, that  the  refusal  to
submit to the examination was with reasonable cause.
    If  the  Board  finds  an  individual  unable to practice
because of the reasons set forth in this Section,  the  Board
must require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the   Board,   as  a  condition,  term,  or  restriction  for
continued, reinstated, or renewed licensure to  practice.  In
lieu  of  care,  counseling,  or  treatment,  the  Board  may
recommend that the Department file a complaint to immediately
suspend  or revoke the license of the individual or otherwise
discipline the licensee.
    Any individual  whose  license  was  granted,  continued,
reinstated,  or  renewed  subject  to  conditions,  terms, or
restrictions,  as  provided  for  in  this  Section,  or  any
individual who  was  disciplined  or  placed  on  supervision
pursuant to this Section must be referred to the Director for
a  determination  as  to whether the person shall have his or
her license suspended immediately, pending a hearing  by  the
Board.
(Source: P.A. 88-424.)

    (225 ILCS 115/25.19 new)
    (Section scheduled to be repealed on January 1, 2004)
    Sec.  25.19.  Mandatory  reporting.   Nothing in this Act
exempts a licensee from the mandatory reporting  requirements
regarding  suspected acts of aggravated cruelty, torture, and
animal fighting imposed under Sections 3.07 and 4.01  of  the
Humane  Care for Animals Act and Section 26-5 of the Criminal
Code of 1961.

    (225 ILCS 115/9 rep.)
    Section 18.  The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by repealing Section 9.

    Section  20.   The  Animal  Welfare  Act  is  amended  by
changing Section 2 as follows:

    (225 ILCS 605/2) (from Ch. 8, par. 302)
    Sec. 2.  Definitions. As used  in  this  Act  unless  the
context otherwise requires:
    "Department"    means    the   Illinois   Department   of
Agriculture.
    "Director" means the Director of the Illinois  Department
of Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or  donation  dogs,  cats,  birds,  fish,  reptiles, or other
animals customarily obtained as pets in this State.  However,
a person who sells only such animals that he has produced and
raised shall not be considered a pet shop operator under this
Act, and a  veterinary  hospital  or  clinic  operated  by  a
veterinarian  or  veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 1994 shall  not  be
considered a pet shop operator under this Act.
    "Dog  dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or  without  charge  or
donation dogs in this State. However, a person who sells only
dogs  that he has produced and raised shall not be considered
a dog dealer under this Act, and  a  veterinary  hospital  or
clinic  operated  by a veterinarian or veterinarians licensed
under the Veterinary Medicine and  Surgery  Practice  Act  of
2004  1994  shall  not  be considered a dog dealer under this
Act.
    "Secretary  of  Agriculture"  or  "Secretary"  means  the
Secretary of Agriculture of the United States  Department  of
Agriculture.
    "Person"    means    any   person,   firm,   corporation,
partnership, association or other legal entity, any public or
private institution, the State of Illinois, or any  municipal
corporation or political subdivision of the State.
    "Kennel  operator"  means  any  person  who  operates  an
establishment,   other   than  an  animal  control  facility,
veterinary hospital, or animal shelter, where  dogs  or  dogs
and  cats  are  maintained  for boarding, training or similar
purposes for a fee or compensation; or who sells,  offers  to
sell, exchange, or offers for adoption with or without charge
dogs  or  dogs  and cats which he has produced and raised.  A
person who owns, has possession of,  or  harbors  5  or  less
females  capable  of  reproduction  shall not be considered a
kennel operator.
    "Cattery operator"  means  any  person  who  operates  an
establishment,  other  than  an  animal  control  facility or
animal shelter,  where  cats  are  maintained  for  boarding,
training  or  similar  purposes for a fee or compensation; or
who sells, offers to sell, exchange, or offers  for  adoption
with  or  without  charges  cats  which  he  has produced and
raised.  A person who owns, has possession of, or  harbors  5
or   less  females  capable  of  reproduction  shall  not  be
considered a cattery operator.
    "Animal control facility" means any facility operated  by
or  under  contract  for  the State, county, or any municipal
corporation or political subdivision of  the  State  for  the
purpose  of  impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals.  "Animal
control facility"  also  means  any  veterinary  hospital  or
clinic  operated  by a veterinarian or veterinarians licensed
under the Veterinary Medicine and  Surgery  Practice  Act  of
2004  1994  which operates for the above mentioned purpose in
addition to its customary purposes.
    "Animal shelter" means a  facility  operated,  owned,  or
maintained  by  a  duly  incorporated  humane society, animal
welfare society, or other  non-profit  organization  for  the
purpose   of   providing   for  and  promoting  the  welfare,
protection,  and  humane  treatment  of   animals.    "Animal
shelter"   also  means  any  veterinary  hospital  or  clinic
operated by a veterinarian or  veterinarians  licensed  under
the Veterinary Medicine and Surgery Practice Act of 2004 1994
which operates for the above mentioned purpose in addition to
its customary purposes.
    "Foster   home"   means   an   entity  that  accepts  the
responsibility  for  stewardship  of  animals  that  are  the
obligation of an animal shelter, not to exceed 4  animals  at
any  given time.  Permits to operate as a "foster home" shall
be issued through the animal shelter.
    "Guard dog service" means an  entity  that,  for  a  fee,
furnishes  or  leases guard or sentry dogs for the protection
of life or property.  A person is not  a  guard  dog  service
solely  because he or she owns a dog and uses it to guard his
or her home, business, or farmland.
    "Guard dog" means a type of dog used  primarily  for  the
purpose  of  defending, patrolling, or protecting property or
life at a commercial establishment other than a farm.  "Guard
dog" does not include stock dogs used primarily for  handling
and  controlling  livestock  or  farm  animals,  nor  does it
include personally owned pets that also provide security.
    "Sentry  dog"  means  a  dog  trained  to  work   without
supervision  in  a  fenced facility other than a farm, and to
deter  or  detain  unauthorized  persons  found  within   the
facility.
(Source:  P.A.  89-178,  eff.  7-19-95; 90-385, eff. 8-15-97;
90-403, eff. 8-15-97.)

    Section 25.  The Elder Abuse and Neglect Act  is  amended
by changing Section 2 as follows:

    (320 ILCS 20/2) (from Ch. 23, par. 6602)
    Sec.  2.  Definitions.   As  used in this Act, unless the
context requires otherwise:
    (a)  "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation  of  such
adult's financial resources.
    Nothing  in  this  Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for  the  sole
reason  that he or she is being furnished with or relies upon
treatment  by  spiritual  means  through  prayer  alone,   in
accordance  with  the  tenets  and  practices of a recognized
church or religious denomination.
    Nothing in this Act shall be construed to  mean  that  an
eligible  adult  is  a victim of abuse because of health care
services provided or not provided  by  licensed  health  care
professionals.
    (a-5)  "Abuser"  means  a person who abuses, neglects, or
financially exploits an eligible adult.
    (a-7)  "Caregiver" means a person who either as a  result
of  a  family  relationship,  voluntarily, or in exchange for
compensation has assumed responsibility for all or a  portion
of  the  care  of an eligible adult who needs assistance with
activities of daily living.
    (b)  "Department" means the Department on  Aging  of  the
State of Illinois.
    (c)  "Director" means the Director of the Department.
    (d)  "Domestic  living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a  board  and  care  home  or  other
community-based unlicensed facility, but is not:
         (1)  A licensed facility as defined in Section 1-113
    of the Nursing Home Care Act;
         (2)  A  "life  care facility" as defined in the Life
    Care Facilities Act;
         (3)  A home, institution, or other place operated by
    the federal government or agency thereof or by the  State
    of Illinois;
         (4)  A  hospital,  sanitarium, or other institution,
    the principal  activity  or  business  of  which  is  the
    diagnosis,  care,  and treatment of human illness through
    the maintenance and  operation  of  organized  facilities
    therefor,  which  is  required  to  be licensed under the
    Hospital Licensing Act;
         (5)  A "community living facility" as defined in the
    Community Living Facilities Licensing Act;
         (6)  A  "community   residential   alternative"   as
    defined   in   the   Community  Residential  Alternatives
    Licensing Act; and
         (7)  A "community-integrated living arrangement"  as
    defined  in  the Community-Integrated Living Arrangements
    Licensure and Certification Act.
    (e)  "Eligible adult" means a person 60 years of  age  or
older  who  resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
    (f)  "Emergency" means a situation in which  an  eligible
adult  is  living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent  to
services which would alleviate that risk.
    (f-5)  "Mandated  reporter"  means  any  of the following

persons while engaged  in  carrying  out  their  professional
duties:
         (1)  a professional or professional's delegate while
    engaged  in:  (i)  social services, (ii) law enforcement,
    (iii) education, (iv) the care of an  eligible  adult  or
    eligible  adults,  or (v) any of the occupations required
    to be licensed under the Clinical Psychologist  Licensing
    Act,  the  Clinical  Social Work and Social Work Practice
    Act, the Illinois Dental Practice Act, the  Dietetic  and
    Nutrition  Services Practice Act, the Marriage and Family
    Therapy Licensing Act, the Medical Practice Act of  1987,
    the  Naprapathic  Practice  Act, the Nursing and Advanced
    Practice Nursing Act,  the  Nursing  Home  Administrators
    Licensing and Disciplinary Act, the Illinois Occupational
    Therapy  Practice  Act,  the Illinois Optometric Practice
    Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
    Illinois  Physical  Therapy  Act, the Physician Assistant
    Practice Act of 1987, the Podiatric Medical Practice  Act
    of   1987,   the   Respiratory  Care  Practice  Act,  the
    Professional   Counselor   and   Clinical    Professional
    Counselor  Licensing  Act,  the  Illinois Speech-Language
    Pathology and  Audiology  Practice  Act,  the  Veterinary
    Medicine  and  Surgery Practice Act of 2004 1994, and the
    Illinois Public Accounting Act;
         (2)  an  employee  of  a  vocational  rehabilitation
    facility prescribed or supervised by  the  Department  of
    Human Services;
         (3)  an administrator, employee, or person providing
    services  in  or  through  an  unlicensed community based
    facility;
         (4)  a Christian Science Practitioner;
         (5)  field personnel of  the  Department  of  Public
    Aid, Department of Public Health, and Department of Human
    Services, and any county or municipal health department;
         (6)  personnel  of the Department of Human Services,
    the Guardianship and Advocacy Commission, the State  Fire
    Marshal,  local fire departments, the Department on Aging
    and its subsidiary Area Agencies on  Aging  and  provider
    agencies,   and  the  Office  of  State  Long  Term  Care
    Ombudsman;
         (7)  any employee  of  the  State  of  Illinois  not
    otherwise  specified  herein who is involved in providing
    services  to  eligible  adults,  including  professionals
    providing medical  or  rehabilitation  services  and  all
    other persons having direct contact with eligible adults;
    or
         (8)  a  person  who performs the duties of a coroner
    or medical examiner.
      (g)  "Neglect" means another  individual's  failure  to
provide an eligible adult with or willful withholding from an
eligible  adult  the  necessities  of life including, but not
limited to, food, clothing, shelter  or  medical  care.  This
subsection  does  not  create  any  new  affirmative  duty to
provide support to eligible  adults.   Nothing  in  this  Act
shall be construed to mean that an eligible adult is a victim
of  neglect  because  of health care services provided or not
provided by licensed health care professionals.
    (h)  "Provider agency"  means  any  public  or  nonprofit
agency  in  a  planning  and  service  area  appointed by the
regional administrative agency with  prior  approval  by  the
Department  on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
    (i)  "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated  Area  Agency
on  Aging  shall  be  designated  the regional administrative
agency if it so requests. The  Department  shall  assume  the
functions  of  the  regional  administrative  agency  for any
planning and service area where  another  agency  is  not  so
designated.
    (j)  "Substantiated   case"  means  a  reported  case  of
alleged   or   suspected   abuse,   neglect,   or   financial
exploitation in which a provider  agency,  after  assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

    Section 30.  The Illinois Food, Drug and Cosmetic Act  is
amended by changing Section 3.21 as follows:

    (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
    Sec.  3.21.   Except  as  authorized  by  this  Act,  the
Controlled Substances Act, the Pharmacy Practice Act of 1987,
the  Dental  Practice  Act, the Medical Practice Act of 1987,
the Veterinary Medicine and  Surgery  Practice  Act  of  2004
1994,  or the Podiatric Medical Practice Act of 1987, to sell
or dispense a prescription drug without a prescription.
(Source: P.A. 88-424.)

    Section 35.  The Humane Care for Animals Act  is  amended
by changing Section 2.01h as follows:

    (510 ILCS 70/2.01h)
    Sec.  2.01h.  Animal  shelter.   "Animal shelter" means a
facility  operated,  owned,   or   maintained   by   a   duly
incorporated humane society, animal welfare society, or other
non-profit  organization for the purpose of providing for and
promoting the welfare, protection, and  humane  treatment  of
animals.  "Animal shelter" also means any veterinary hospital
or  clinic  operated  by  a  veterinarian  or   veterinarians
licensed  under  the Veterinary Medicine and Surgery Practice
Act of 2004 1994  which  operates  for  the  above  mentioned
purpose in addition to its customary purposes.
(Source: P.A. 92-454, eff. 1-1-02.)

    Section 40.  The Humane Euthanasia in Animal Shelters Act
is amended by changing Section 5 as follows:

    (510 ILCS 72/5)
    Sec. 5.  Definitions.
The  following  terms have the meanings indicated, unless the
context requires otherwise:
    "Animal" means any bird, fish, reptile, or  mammal  other
than man.
    "DEA"  means the United States Department of Justice Drug
Enforcement Administration.
    "Department"  means  the   Department   of   Professional
Regulation.
    "Director"  means  the  Director  of  the  Department  of
Professional Regulation.
    "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.
    "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.
    "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.
    "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 1994.
(Source: P.A. 92-449, eff. 1-1-02.)

    Section  45.   The  Good  Samaritan  Act  is  amended  by
changing Section 60 as follows:

    (745 ILCS 49/60)
    Sec. 60.  Veterinarians; exemption from  civil  liability
for  emergency care to humans.  Any person licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 1994  or
any  person  licensed as a veterinarian in any other state or
territory of the United States who  in  good  faith  provides
emergency care to a human victim of an accident, at the scene
of  an  accident  or in a catastrophe shall not be liable for
civil damages as a result of his or her  acts  or  omissions,
except  for  willful  or wanton misconduct on the part of the
person in providing the care.
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)

    Section 99.  Effective date.  This Act  takes  effect  on
December 31, 2003.

Effective Date: 12/31/2003