102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0017

 

Introduced 1/14/2021, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.260 new
225 ILCS 115/4  from Ch. 111, par. 7004

    Amends the Emergency Medical Services (EMS) Systems Act. Provides that emergency medical (EMS) personnel may provide preveterinary emergency care to a dog or cat to the extent the EMS personnel has received commensurate training and is authorized by his or her employer to provide care. Provides that requirements governing the circumstances under which EMS personnel may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care. Contains language stating that nothing in the Act imposes upon EMS personnel any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in that Act shall apply to EMS personnel who provide preveterinary emergency care to a dog or cat under the amended provisions of the Emergency Medical Services (EMS) Systems Act. Effective immediately.


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A BILL FOR

 

HB0017LRB102 03907 CPF 13922 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems
5Act is amended by adding Section 3.260 as follows:
 
6    (210 ILCS 50/3.260 new)
7    Sec. 3.260. Preveterinary emergency care.
8    (a) In this Section:
9    "Cat" means a small domesticated feline animal that is
10kept as a pet. "Cat" does not include a nondomesticated wild
11animal.
12    "Dog" means any canine animal owned for domestic,
13companionship, service, therapeutic, or assistance purposes.
14    "Preveterinary emergency care" means the immediate medical
15stabilization of a dog or cat by EMS personnel, in an emergency
16to which the EMS personnel is responding, through means
17including oxygen, fluids, medications, or bandaging, with the
18intent of enabling the dog or cat to be treated by a
19veterinarian. "Preveterinary emergency care" does not include
20care provided in response to an emergency call made solely for
21the purpose of tending to an injured dog or cat, unless a
22person's life could be in danger by attempting to save the life
23of a dog or cat.

 

 

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1    (b) Notwithstanding any other provision of law, EMS
2personnel may provide preveterinary emergency care to a dog or
3cat to the extent the EMS personnel has received commensurate
4training and is authorized by his or her employer to provide
5care. Requirements governing the circumstances under which EMS
6personnel may provide preveterinary emergency care to dogs and
7cats may be specified in the employer's policies governing the
8provision of care.
9    (c) Notwithstanding any other provision of law, nothing in
10this Act imposes upon EMS personnel any obligation to provide
11care to a dog or cat, or to provide care to a dog or cat before
12a person.
 
13    Section 10. The Veterinary Medicine and Surgery Practice
14Act of 2004 is amended by changing Section 4 as follows:
 
15    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 4. Exemptions. Nothing in this Act shall apply to any
18of the following:
19        (1) Veterinarians employed by the federal or State
20    government while engaged in their official duties.
21        (2) Licensed veterinarians from other states who are
22    invited to Illinois for consultation by a veterinarian
23    licensed in Illinois.
24        (3) Veterinarians employed by colleges or universities

 

 

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1    while engaged in the performance of their official duties,
2    or faculty engaged in animal husbandry or animal
3    management programs of colleges or universities.
4        (3.5) A veterinarian or veterinary technician from
5    another state or country who (A) is not licensed under
6    this Act; (B) is currently licensed as a veterinarian or
7    veterinary technician in another state or country, or
8    otherwise exempt from licensure in the other state; (C) is
9    an invited guest of a professional veterinary association,
10    veterinary training program, or continuing education
11    provider approved by the Department; and (D) engages in
12    professional education through lectures, clinics, or
13    demonstrations.
14        (4) A veterinarian employed by an accredited college
15    of veterinary medicine providing assistance requested by a
16    veterinarian licensed in Illinois, acting with informed
17    consent from the client and acting under the direct or
18    indirect supervision and control of the licensed
19    veterinarian. Providing assistance involves hands-on
20    active participation in the treatment and care of the
21    patient. The licensed veterinarian shall maintain
22    responsibility for the veterinarian-client-patient
23    relationship.
24        (5) Veterinary students in an accredited college of
25    veterinary medicine, university, department of a
26    university, or other institution of veterinary medicine

 

 

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1    and surgery engaged in duties assigned by their
2    instructors or working under the immediate or direct
3    supervision of a licensed veterinarian.
4        (5.5) Students of an accredited program in veterinary
5    technology performing veterinary technology duties or
6    actions assigned by instructors or working under the
7    immediate or direct supervision of a licensed
8    veterinarian.
9        (6) Any person engaged in bona fide scientific
10    research which requires the use of animals.
11        (7) An owner of livestock and any of the owner's
12    employees or the owner and employees of a service and care
13    provider of livestock caring for and treating livestock
14    belonging to the owner or under a provider's care,
15    including but not limited to, the performance of husbandry
16    and livestock management practices such as dehorning,
17    castration, emasculation, or docking of cattle, horses,
18    sheep, goats, and swine, artificial insemination, and
19    drawing of semen. Nor shall this Act be construed to
20    prohibit any person from administering in a humane manner
21    medicinal or surgical treatment to any livestock in the
22    care of such person. However, any such services shall
23    comply with the Humane Care for Animals Act.
24        (8) An owner of an animal, or an agent of the owner
25    acting with the owner's approval, in caring for, training,
26    or treating an animal belonging to the owner, so long as

 

 

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1    that individual or agent does not represent himself or
2    herself as a veterinarian or use any title associated with
3    the practice of veterinary medicine or surgery or
4    diagnose, prescribe drugs, or perform surgery. The agent
5    shall provide the owner with a written statement
6    summarizing the nature of the services provided and obtain
7    a signed acknowledgment from the owner that they accept
8    the services provided. The services shall comply with the
9    Humane Care for Animals Act. The provisions of this item
10    (8) do not apply to a person who is exempt under item (7).
11        (9) A member in good standing of another licensed or
12    regulated profession within any state or a member of an
13    organization or group approved by the Department by rule
14    providing assistance that is requested in writing by a
15    veterinarian licensed in this State acting within a
16    veterinarian-client-patient relationship and with
17    informed consent from the client and the member is acting
18    under the immediate, direct, or indirect supervision and
19    control of the licensed veterinarian. Providing assistance
20    involves hands-on active participation in the treatment
21    and care of the patient, as defined by rule. The licensed
22    veterinarian shall maintain responsibility for the
23    veterinarian-client-patient relationship, but shall be
24    immune from liability, except for willful and wanton
25    conduct, in any civil or criminal action if a member
26    providing assistance does not meet the requirements of

 

 

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1    this item (9).
2        (10) A graduate of a non-accredited college of
3    veterinary medicine who is in the process of obtaining a
4    certificate of educational equivalence and is performing
5    duties or actions assigned by instructors in an approved
6    college of veterinary medicine.
7        (10.5) A veterinarian who is enrolled in a
8    postgraduate instructional program in an accredited
9    college of veterinary medicine performing duties or
10    actions assigned by instructors or working under the
11    immediate or direct supervision of a licensed veterinarian
12    or a faculty member of the College of Veterinary Medicine
13    at the University of Illinois.
14        (11) A certified euthanasia technician who is
15    authorized to perform euthanasia in the course and scope
16    of his or her employment only as permitted by the Humane
17    Euthanasia in Animal Shelters Act.
18        (12) A person who, without expectation of
19    compensation, provides emergency veterinary care in an
20    emergency or disaster situation so long as he or she does
21    not represent himself or herself as a veterinarian or use
22    a title or degree pertaining to the practice of veterinary
23    medicine and surgery.
24        (13) Any certified veterinary technician or other
25    employee of a licensed veterinarian performing permitted
26    duties other than diagnosis, prognosis, prescription, or

 

 

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1    surgery under the appropriate direction and supervision of
2    the veterinarian, who shall be responsible for the
3    performance of the employee.
4        (13.5) Any pharmacist licensed in the State, merchant,
5    or manufacturer selling at his or her regular place of
6    business medicines, feed, appliances, or other products
7    used in the prevention or treatment of animal diseases as
8    permitted by law and provided that the services he or she
9    provides do not include diagnosing, prognosing, writing
10    prescriptions, or surgery.
11        (14) An approved humane investigator regulated under
12    the Humane Care for Animals Act or employee of a shelter
13    licensed under the Animal Welfare Act, working under the
14    indirect supervision of a licensed veterinarian.
15        (15) An individual providing equine dentistry services
16    requested by a veterinarian licensed to practice in this
17    State, an owner, or an owner's agent. For the purposes of
18    this item (15), "equine dentistry services" means floating
19    teeth without the use of drugs or extraction.
20        (15.5) In the event of an emergency or disaster, a
21    veterinarian or veterinary technician not licensed in this
22    State who (A) is responding to a request for assistance
23    from the Illinois Department of Agriculture, the Illinois
24    Department of Public Health, the Illinois Emergency
25    Management Agency, or other State agency as determined by
26    the Department; (B) is licensed and in good standing in

 

 

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1    another state; and (C) has been granted a temporary waiver
2    from licensure by the Department.
3        (16) Private treaty sale of animals unless otherwise
4    provided by law.
5        (17) EMS personnel who provide preveterinary emergency
6    care to a dog or cat under Section 3.260 of the Emergency
7    Medical Services (EMS) Systems Act.
8(Source: P.A. 98-339, eff. 12-31-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.