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Public Act 096-0780


 

Public Act 0780 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0780
 
SB0038 Enrolled LRB096 03733 JDS 13762 b

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

Effective Date: 8/28/2009