Section 1500.5  Approved Veterinary Medicine and Surgery Programs

 

 

a)         The Department of Financial and Professional Regulation-Division of Professional Regulation (Division) shall approve a veterinary medicine and surgery program as reputable and in good standing if it meets the following minimum criteria:

 

1)         The institution is legally recognized and authorized by the jurisdiction in which it is located to confer the Doctor of Veterinary Medicine degree or its equivalent.

 

2)         Has a faculty that consists of a sufficient number of full-time instructors to make certain that the educational obligations to the student are fulfilled.  The faculty must have demonstrated competence in their area of teaching as evidenced by appropriate degrees from reputable professional colleges or institutions.

 

3)         Has a curriculum of at least 4 academic years, including at least the following subject areas, as applied to the various species of animals:

 

A)        Anatomy

 

B)        Anesthesiology

 

C)        Applied Clinical Training

 

D)        Clinical Chemistry

 

E)        Epidemiology

 

F)         Federal and State Laws

 

G)        Food Quality and Safety

 

H)        General and Special Pathology

 

I)         Immunology

 

J)         Internal Medicine

 

K)        Microbiology

 

L)        Nutrition

 

M)       Parasitology

 

N)        Pharmacology

 

O)        Physiology

 

P)         Preventive Medicine

 

Q)        Professional Ethics

 

R)        Radiology

 

S)         Surgery and Obstetrics

 

4)         Accepts only persons who have graduated from accredited high schools or who have obtained equivalent education through such programs as the General Education Development Examination, and have successfully completed at least 2 years of pre-veterinary collegiate training in an accredited college or university.

 

5)         Maintains permanent student records that summarize the credentials for admission, attendance, grades and other records of performance.

 

6)         Maintains or is formally affiliated with a hospital for the care and treatment of animals, which provides a sufficient number and variety of surgical and medical cases for the students' clinical instruction.

 

b)         In determining whether a program should be approved, the Division shall take into consideration but not be bound by accreditation or approval by the American Veterinary Medical Association, Council on Education.

 

c)         The Division has determined that all veterinary medicine and surgery programs accredited or approved by the American Veterinary Medical Association, Council on Education (AVMA) as of September 1, 2005 meet the minimum criteria set forth in subsection (a)(1) and are approved.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.10  Application for Examination by Graduates of Approved Programs

 

a)         An applicant for examination for licensure to practice veterinary medicine and surgery who is a graduate of an approved program of veterinary medicine and surgery that meets the requirements set forth in Section 1500.5 shall file an application with the Division or its designated testing service on forms supplied by the Division at least 60 days prior to an examination date.  The application shall include:

 

1)         Certification of graduation from an approved program of veterinary medicine and surgery;

 

2)         The required fee specified in Section 1500.47; and

 

3)         Certification of licensure from all jurisdictions in which the applicant has ever been licensed and is currently licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license;

 

B)        A description of the licensure examination in that jurisdiction;

 

C)        Whether the file on the applicant contains any record of any disciplinary actions taken or pending.

 

b)         Examination Prior to Graduation

 

1)         An applicant enrolled in an approved veterinary program will be admitted to an examination prior to graduation if he/she provides certification from the college of veterinary medicine from which the applicant is expected to graduate.  If certification of graduation is not received within 90 days after the scheduled graduation date, the results of the examination  shall be void.

 

2)         The results of the examination shall be made available to the applicant but no license shall be issued until the Division has received certification of the applicant's graduation, within 90 days after the scheduled graduation date specified in subsection (b)(1).

 

3)         In the case of failure of the examination, the applicant must submit his/her certificate of graduation to the Division or its designated testing service prior to taking the next examination.

 

c)         An applicant who has taken and passed the examination pursuant to Section 1500.20 in another jurisdiction shall file an application in accordance with subsection (a) and have the examination scores submitted to the Division directly from the testing entity.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.11  Application by Graduates of Unapproved Programs

 

a)         An applicant for examination who is a graduate of an unapproved program of veterinary medicine and surgery shall file an application, on forms supplied by the Division, and shall be accompanied by the following:

 

1)         A verification of enrollment in either the Program for the Assessment of Veterinary Education Equivalence (PAVE) from the American Association of Veterinary State Boards or from the American Veterinary Medical Association Educational Commission of Foreign Veterinary Graduates (ECFVG) indicating that the applicant has met all of the requirements for certification except for completion of clinical skills assessment;

 

2)         The required fee specified in Section 1500.47;

 

3)         Certification of licensure from all jurisdictions in which the applicant has ever been licensed and is currently licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license;

 

B)        A description of the licensure examination in that jurisdiction;

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending;

 

4)         For applicants who submit any document in a foreign language, an original, notarized English translation.

 

b)         An applicant for licensure who is a graduate of an unapproved program of veterinary medicine and surgery must hold a certificate from ECFVG or PAVE.  Application shall be filed on forms supplied by the Division and shall be accompanied by the following:

 

1)         An original certificate from ECFVG or PAVE indicating completion of the proficiency examination or the completion of 1 year of clinical experience.

 

2)         The required fee specified in Section 1500.47.

 

3)         Certification of licensure from all jurisdictions in which the applicant has ever been licensed and is currently licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license;

 

B)        A description of the licensure examination in that jurisdiction;

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

4)         For applicants who submit any document in a foreign language, an original, notarized English translation.

 

c)         Examination prior to graduation

 

1)         An applicant enrolled in an unapproved veterinary program will be admitted to an examination prior to graduation if he/she provides certification from the college of veterinary medicine from which the applicant is expected to graduate and verification of enrollment from ECFVG or PAVE.  If certification of graduation is not received within 90 days after the scheduled graduation date, the results of the examination shall be void.

 

2)         The results of the examination shall be made available to the applicant but no license shall be issued until the Division has received certification of the applicant's graduation and an original certificate from ECFVG or PAVE.

 

3)         In the case of failure of the examination, the applicant must submit his/her certificate of graduation to the Division or its designated testing service prior to taking the next examination.

 

d)         At the time a foreign graduate obtains the ECFVG or PAVE certificate and applies for licensure in Illinois, the scores shall be sent to the Division directly from the reporting entity.  The passing score on the examinations shall be the passing scores established by the testing entity.  Prior to January 1994, the passing score on the examination was a converted score of 75 based on 1.5 standard deviations below the mean.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.15  Temporary Permit (Repealed)

 

(Source:  Repealed at 36 Ill. Reg. 13866, effective September 7, 2012)

 

Section 1500.20  Examination

 

a)         The examinations for licensure shall be provided by the National Board of Veterinary Medical Examiners (NBVME).

 

b)         The passing score for the examinations shall be the passing score established by the testing entity.  Prior to January 1994, the passing score on the National Board Examination and the Clinical Competency Examination was a total converted score of 75 based on 1.5 standard deviations below the mean.

 

c)         Effective with the November 2007 North American Veterinary Licensing Examination (NAVLE), a candidate may not sit for the NAVLE more than 5 times during a 5 year period from the first attempt.  Each of the final 2 attempts must be at least 1 year from the previous attempt.

 

(Source:  Amended at 31 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.25  Continuing Education

 

a)         Continuing Education Hours Requirements

 

1)         Each person who applies for renewal of a license as a veterinarian is required to complete 40 hours of continuing education (CE) relevant to the practice of veterinary medicine and surgery during the prerenewal period.

 

2)         A prerenewal period is the 24 months preceding the expiration date of the license.

 

3)         A renewal applicant is not required to comply with CE requirements for the first renewal.

 

4)         CE credit hours used to satisfy the CE requirements of another state may be applied to fulfillment of the CE requirements of the State of Illinois if the CE required by the other state is consistent with the CE requirements set forth in this Section.

 

5)         CE credit hours used to satisfy this requirement may be achieved through self study courses offered by an approved provider.

 

6)         A licensee who serves as an instructor, speaker or discussion leader of an approved provider will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation.  Time shall not be allowed for repetitious presentations of the same course. 

 

7)         CE course credit will be allowed for actual authorship of published articles and books, provided the subject matter of such article or book complies with this Section.  CE course credit shall be allowed for actual time spent in writing or researching.

 

b)         Approved CE Providers

 

1)         CE credit may be earned for verified attendance at or participation in any program given or approved by one of the following:

 

A)        An approved veterinary program, as provided in Section 1500.5(a)(2) and (a)(3);

 

B)        The American Veterinary Medical Association or any of its constituent organizations;

 

C)        The Illinois State Veterinary Medical Association or any other state or provincial veterinary medical association or any of its constituent organizations;

 

D)        The American Animal Hospital Association;

 

E)        National Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB);

 

F)         Programs provided by, or appropriate for, veterinary specialty organizations; and

 

G)        United States Department of Agriculture (USDA), or any organization approved by the USDA to offer the USDA Recertification Course.

 

2)         Course Requirements

 

A)        All courses or programs shall:

 

i)          Be a minimum of 1 hour in duration.  An hour is defined as 50 to 60 minutes of contact time;

 

ii)         Contribute to the advancement, extension and enhancement of professional skills and/or scientific knowledge in the practice of veterinary medicine;

 

iii)        Provide experiences that contain scientific integrity, relevant subject matter and course materials;

 

iv)        Be developed and presented by persons with education and/or experience in the subject matter of the program; and

 

v)         Specify the number of CE hours that may be applied toward Illinois CE requirements for licensure renewal.

 

B)        The Division may periodically review approved providers to ensure compliance.

 

c)         The licensees shall maintain their CE records for 4 years.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

 

2)         The Division may require additional evidence demonstrating compliance with CE requirements.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned or is seeking CE hours offered in another jurisdiction for a program not approved by the Division for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in this Section.

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $100 per hour of CE late fee not to exceed $500.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in this Section.

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license or certificate without having fully complied with these CE requirements shall file with the Division a renewal application, a statement setting forth the facts concerning noncompliance, a request for waiver of the CE requirements on the basis of such facts and, if desired, a request for an interview before the Board.  If the Division finds from the statement, or any other evidence submitted, that good cause has been shown for granting a waiver of the CE requirements, or any part thereof, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.  At that time, the renewal applicant will be requested to submit the required renewal fee.

 

2)         Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

 

B)        An incapacitating illness; or

 

C)        Undue hardship (e.g., prolonged hospitalization, being disabled or unable to practice veterinary medicine for a majority of the duration of the renewal cycle) as determined by the Board.  Every attempt should be made by the applicant to comply with CE through self-study.

 

3)         If an interview is requested at the time the request for a waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

 

(Source:  Amended at 36 Ill. Reg. 13866, effective September 7, 2012)

 

Section 1500.30  Endorsement

 

a)         An applicant who is licensed under the laws of another jurisdiction of the United States shall file an application with the Division, together with:

 

1)         A certification from the licensing authority of all jurisdictions in which the applicant has ever been licensed and is currently licensed, stating:

 

A)        The time during which the applicant was licensed;

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending;

 

2)         Proof of successful completion of a licensing examination substantially equivalent to requirements in force in Illinois on the date of the initial licensure;

 

3)         Certification of graduation from an approved program of veterinary medicine and surgery; and

 

4)         The required fee set forth in Section 1500.47.

 

b)         The Division shall examine each application to determine compliance with Section 13 of the Act.  The applicant may be required to appear before the Board:

 

1)         To clarify or explain information contained on the submitted documentation; or

 

2)         To determine the substantial equivalence of the applicant's qualifications to the licensing requirements in this State.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.35   Restoration

 

a)         A licensee seeking restoration of a license that has been expired for 5 years or less shall have the license restored upon payment of the fee specified in Section 1500.47 and proof of completion of the CE requirements set forth in Section 1500.25 for a single renewal period.

 

b)         A licensee seeking restoration of a license that has been expired or on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the fee specified in Section 1500.47 and proof of 40 hours of approved CE (e.g., certificate of attendance or completion) in accordance with Section 1500.25.  The licensee shall also submit:

 

1)         Sworn evidence of active veterinarian practice in another jurisdiction.  This evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 15 of the Act; or

 

3)         Other evidence of experience within the profession other than active practice (such as research, teaching or publishing) during the time when the license was expired; or

 

4)         20 hours of approved CE for each year the license was expired completed during the 2 years proceeding application for restoration.  These hours will be in addition to the 40 hours stated in subsection (b).

 

c)         A licensee seeking restoration of a license that has been on inactive status for 5 years or less shall file an application, on forms provided by the Division, together with proof of completion of CE requirements for a single renewal period and the current renewal fee.

 

d)         Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 12 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the CE requirements.

 

e)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board because of a lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking restoration shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.45  Renewals

 

a)         Every license as a veterinarian issued under the Act shall expire on January 31 of each odd numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the required fee and completion of the CE requirements set forth in Section 1500.25.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

c)         Practicing after a license has expired shall be considered the unlicensed practice of veterinary medicine and subject an individual to discipline pursuant to Section 25 of the Act.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.47  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees.  The fee for application for a veterinary license is $100.   In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination.  Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in the forfeiture of the examination fee.

 

b)         Renewal Fees.  The fee for the renewal of a license shall be calculated at the rate of $50 per year.

 

c)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, but not to exceed $300.

 

2)         The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license that has been lost or destroyed, or for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee's record for any purpose is $20.

 

4)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

5)         The fee for a roster of persons licensed as veterinarians in this State shall be the actual cost of producing the roster.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.48  Employees of a Licensed Veterinarian Who are not Certified Veterinary Technicians

 

As set forth in Section 3 of the Act, supervising veterinarians assume responsibility for the professional care given to an animal by a person working under his or her direction in an immediate, direct or indirect supervision arrangement.  This Section sets forth the required levels of supervision for employees of a licensed veterinarian who are not certified veterinary technicians and does not apply to individuals exempt from Section 4 of the Veterinary Medicine and Surgery Practice Act of 2004 [225 ILCS 115].

 

a)         Employees of a licensed veterinarian who are not certified veterinary technicians are prohibited from performing the following:

 

1)         cut down with needle;

 

2)         central line without cut down;

 

3)         dental extractions;

 

4)         gingival resection;

 

5)         skin closure;

 

6)         cast application;

 

7)         fine needle aspiration;

 

8)         puncture abscess with needle;

 

9)         clamping calves' tails;

 

10)        floating teeth;

 

11)        castrating any animal;

 

12)        blocked male cat urinary catheterization; and

 

13)        setting of bones.

 

b)         Employees of a licensed veterinarian who are not certified veterinary technicians may perform the following only under the immediate supervision of a veterinarian, as defined in Section 3 of the Act:

 

1)         anesthesia induction;

 

2)         anesthesia endotracheal intubation;

 

3)         anesthesia maintenance;

 

4)         anesthesia monitor signs;

 

5)         dental prophylaxis;

 

6)         local nerve blocks;

 

7)         splint application;

 

8)         female canine urinary catheterization;

 

8)         decapitation for rabies test submission;

 

9)         necropsy − tissue sample collection; and

 

10)        cystocentesis. 

 

c)         Employees of a licensed veterinarian who are not certified veterinary technicians may perform the following under the immediate or direct supervision of a veterinarian, as defined in Section 3 of the Act:

 

1)         administer IV catheter;

 

2)         administer chemotherapy;

 

3)         remove sutures, drains or staples;

 

4)         implant microchips;

 

5)         bandage application;

 

6)         male canine urinary catheterization;

 

7)         acquire or process radiological images;

 

8)         venipuncture;

 

9)         obtain objective patient data without diagnosis;

 

10)        administer nonrabies vaccines;

 

11)        intramuscular and subcutaneous injections;

 

12)        intravenous injections into uncatheterized or catheterized veins;

 

13)        docking sheep/pig tails;

 

14)        dehorning calves; and

 

15)        humane euthanasia of animals.

 

d)         Employees of a licensed veterinarian who are not certified veterinary technicians may perform the following under the indirect, direct or immediate supervision of a veterinarian, as defined in Section 3 of the Act:

 

1)         trim normal hooves, excluding equine;

 

2)         process laboratory samples;

 

3)         bacterial streak and culture; and

 

4)         animal restraint.

 

(Source:  Added at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.49  Supervision

 

Section 4 of the Act states that 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 are exempt from licensure.  The licensed veterinarian shall assume responsibility for the referral.

 

a)         Supervision, as applied to this provision, means general supervision. General supervision means that the licensed veterinarian is accessible to the individual under his/her supervision.

 

b)         The following protocols shall be followed in order for licensed professionals or other  individuals to work under the supervision of a licensed veterinarian:

 

1)         An established veterinarian-client-patient relationship shall exist;

 

2)         A written or oral consent from the client shall exist; and

 

3)         Appropriate records are maintained by the licensed veterinarian that include written evidence of a veterinarian-client-patient relationship, client consent, diagnosis and referral.

 

(Source:  Added at 22 Ill. Reg. 15353, effective August 10, 1998)

 

Section 1500.50  Standards of Professional Conduct

 

In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Board or hearing officer shall consider the following standards as they relate to the person who is the subject of the proposed disciplinary action.  The standards shall include, but not be limited to:

 

a)         Being convicted of any crime, an essential element of which is larceny, embezzlement, obtaining money, property or credit by false pretenses or by means of a confidence game, dishonesty, fraud, misstatement or moral turpitude;

 

b)         Wilfully violating or knowingly assisting in the violation of any law relating to the use or dispensing of any medicine or drug as specified in Section 25 of the Act;

 

c)         Wilfully administering or prescribing illegal drugs for animals;

 

d)         Wilfully administering or prescribing prescription drugs illegally.  Illegally means:

 

1)         In violation of the rules governing a competition or exhibition of animals, including but not limited to the rules of the Illinois Racing Board (11 Ill. Adm. Code 509), the American Kennel Club and the American Show Horse Association;

 

2)         Contrary to State or federal law with regard to food producing animals;

 

e)         Wilfully preparing or signing false statements in order to induce payment for medical or ancillary services by insurance companies;

 

f)         Wilfully making or causing to be made any false report to the Division regarding compliance with CE requirements;

 

g)         Wilfully omitting to make or file any report or record or wilfully making or filing or causing to be made or filed any false report or record pertaining to a veterinarian's practice as required by any State agency;

 

h)         Failing to possess and apply the knowledge and use the skill and care in treating a condition that is ordinarily used by a reasonably well-qualified veterinarian in the locality in which he/she practices or in similar localities in similar cases and circumstances;

 

i)          Delegating of patient care responsibility to any individual when the veterinarian has reason to believe that the person may not be competent;

 

j)          Misrepresenting as to educational background, training, credentials, competence or veterinary medical staff memberships;

 

k)         Failing to maintain adequate medical records, including but not limited to 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 procedures performed;

 

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, the record must reflect the findings;

 

10)         Patient records must be maintained for a minimum of 5 years from the date of the last known contact;

 

11)         Copies of patient records must be released to the client upon written request;

 

l)          Failing to properly supervise subordinate health professional and paraprofessional staff under his/her supervision and control in patient care responsibilities; or

 

m)        Committing of any other act or omission that violates veterinarian's responsibility to a client according to accepted veterinary standards of practice.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.51  Impaired Veterinarian Program of Care, Counseling or Treatment

 

a)         Section 24.1 of the Act requires the Division to establish a program of care, counseling or treatment for impaired veterinarians.

 

b)         Definitions

 

1)         "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.

 

2)         "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 sufficient degree to deliver competent patient care.  [225 ILCS 115/24.1]

 

c)         Program of Care, Counseling or Treatment

 

1)         A veterinarian who has been determined by a qualified health care professional to be impaired  shall enter into an agreement with the Division in which the veterinarian agrees to participate in  a program designed to provide care and treatment specifically for health care professionals and which has been approved by the Division.  The agreement may include, but not be limited to, the length of the program, the status of the licensee while in a treatment program, and a termination clause whereby both parties may terminate the agreement at any time.

 

2)         All progress reports of treatment and participation in a treatment program shall be sent to the Division every 60 days.  A relapse or non-compliance with the treatment program shall be reported to the Division immediately.  All reports shall be signed by a licensed physician, clinical psychologist, licensed clinical social worker, licensed professional counselor or clinical professional counselor or other substance abuse professional approved by the Division.

 

3)         An impaired veterinarian shall continue in an after care program until he/she is released upon successful completion of the structured treatment program.

 

4)         If a veterinarian is being treated for alcohol or drug abuse:

 

A)        The person shall submit progress reports from any sponsors in Narcotics Anonymous or Alcoholics Anonymous or other after care programs to the Division on a quarterly basis.

 

B)        The person shall submit to random drug and alcohol screenings and the results shall be submitted to the Division by the treatment program.  The impaired veterinarian is responsible for the cost of the reports.  The Division shall be notified immediately by the treatment program if the person fails to submit to the random drug and alcohol screenings.

 

d)         All reports required shall be submitted to the Probation Compliance Supervisor, Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, 100 West Randolph Street, Suite 9-300, Chicago, Illinois 60601.

 

e)         The contents of any report shall be strictly confidential and shall be exempt from public disclosure.  The reports shall be reviewed only by the following:

 

1)         The Veterinary Licensing and Disciplinary Board.

 

2)         Designated Department attorney.

 

3)         Administrative personnel assigned to open mail containing reports and to process and distribute the reports to authorized persons, and to communicate with senders of reports.

 

4)         The individual who is the subject of the report, his/her attorney or his/her authorized representative.

 

f)         The reports may also be handled or processed by other designated persons in a limited manner necessary to implement reports required under the Act or this Section by computer, word processing equipment or other mechanical means.  The data record shall be limited to the name and address of the originator of the report, the date the initial report was received, the date of the most recent report and the professional license number of the subject of the report.

 

g)         The contents of the confidential reports relating to impaired persons shall not be used or made available in any other administrative proceedings before the Division or any other department; however, violations of the treatment or supervision plan will result in a review of the person's status by the Veterinary Licensing and Disciplinary Board or its designee for possible discipline or revision in the treatment program.  The reports shall not be disclosed, made available or subject to subpoena or discovery proceedings in any civil or criminal court proceedings.

 

h)         Upon determination by the Board that a report on an impaired person is no longer required for review and consideration, the Board shall notify the maker of the reports to cease sending the reports, and the Board and Division records shall be purged of information contained in the reports.  Board determinations shall be based on, but not be limited to:  the type of impairment and the type of rehabilitation program, length of supervision, occurrence of any relapses and present status of the license.

 

(Source:  Amended at 31 Ill. Reg. 15772, effective November 13, 2007)

 

Section 1500.55  Advertising

 

a)         Licensees may advertise in any medium or other form of public communication in a manner that is truthful and is not fraudulent, deceptive, inherently misleading or proven to be misleading in practice.  Advertising  shall contain all information necessary to make the communication not misleading and shall not contain any false or misleading statement or otherwise operate to deceive.  The form of communication shall be designed to communicate the information to the public in a direct, dignified and readily comprehensible manner.

 

b)         Information that may be contained in the advertising shall include:

 

1)         Licensee's name, address, office hours and telephone number;

 

2)         Schools attended;

 

3)         Announcement of the opening of, change of or return to practice;

 

4)         Announcement of additions to or deletions from professional staff;

 

5)         Licensee's hospital affiliations;

 

6)         Areas of specialization, including Board certification, professional society memberships and any limitations or concentration of practice;

 

7)         Credit arrangements and acceptance of credit cards;

 

8)         Foreign language ability;

 

9)         Usual and customary fees for routine professional services that must include statement that fees may be adjusted due to complications or unforeseen circumstances;

 

10)         Description of offices in which the licensee practices (e.g., kennel or laboratory facilities on the premises, convenience of parking); and

 

11)         Other information about the licensee, the licensee's practice, or the types of practice in which the licensee will accept employment, that a reasonable person might regard as relevant in determining whether to seek the licensee's services.

 

c)         If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the licensee, and a recording of the actual transmission, including videotape, shall be retained by the licensee for a period of at least 5 years.

 

d)         Information that may be untruthful, fraudulent, deceptive, inherently misleading or has proven to be misleading in practice includes that which:

 

1)         Contains a misrepresentation of fact or omits a material fact required to prevent deception;

 

2)         Guarantees favorable results or creates false or unjustified expectations of favorable results;

 

3)         Takes advantage of the potential client's fears, anxieties, vanities or other emotions;

 

4)         Contains testimonials and/or exaggerations pertaining to the quality of veterinarian care;

 

5)         Describes as available products or services that are not permitted by the laws of this State and/or applicable federal laws; and

 

6)         Advertises professional services that the licensee is not licensed to render.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)

 

Section 1500.60  Conduct of Hearings (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 11212, effective June 30, 1994)

 

Section 1500.65  Annual Report of Board (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 12294, effective July 24, 2002)

 

Section 1500.70  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases when he/she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of the variance, and the reasons for granting the variance, at the next meeting of the Board.

 

(Source:  Amended at 40 Ill. Reg. 2913, effective February 16, 2016)