102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0337

 

Introduced 1/29/2021, by Rep. Norine K. Hammond

 

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

    Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in the Act shall apply to a chiropractic physician licensed in this State and certified by the American Veterinary Chiropractic Association performing chiropractic care on animals.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Veterinary Medicine and Surgery Practice
5Act of 2004 is amended by changing Section 4 as follows:
 
6    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 4. Exemptions. Nothing in this Act shall apply to any
9of the following:
10        (1) Veterinarians employed by the federal or State
11    government while engaged in their official duties.
12        (2) Licensed veterinarians from other states who are
13    invited to Illinois for consultation by a veterinarian
14    licensed in Illinois.
15        (3) Veterinarians employed by colleges or universities
16    while engaged in the performance of their official duties,
17    or faculty engaged in animal husbandry or animal
18    management programs of colleges or universities.
19        (3.5) A veterinarian or veterinary technician from
20    another state or country who (A) is not licensed under
21    this Act; (B) is currently licensed as a veterinarian or
22    veterinary technician in another state or country, or
23    otherwise exempt from licensure in the other state; (C) is

 

 

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1    an invited guest of a professional veterinary association,
2    veterinary training program, or continuing education
3    provider approved by the Department; and (D) engages in
4    professional education through lectures, clinics, or
5    demonstrations.
6        (4) A veterinarian employed by an accredited college
7    of veterinary medicine providing assistance requested by a
8    veterinarian licensed in Illinois, acting with informed
9    consent from the client and acting under the direct or
10    indirect supervision and control of the licensed
11    veterinarian. Providing assistance involves hands-on
12    active participation in the treatment and care of the
13    patient. The licensed veterinarian shall maintain
14    responsibility for the veterinarian-client-patient
15    relationship.
16        (5) Veterinary students in an accredited college of
17    veterinary medicine, university, department of a
18    university, or other institution of veterinary medicine
19    and surgery engaged in duties assigned by their
20    instructors or working under the immediate or direct
21    supervision of a licensed veterinarian.
22        (5.5) Students of an accredited program in veterinary
23    technology performing veterinary technology duties or
24    actions assigned by instructors or working under the
25    immediate or direct supervision of a licensed
26    veterinarian.

 

 

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1        (6) Any person engaged in bona fide scientific
2    research which requires the use of animals.
3        (7) An owner of livestock and any of the owner's
4    employees or the owner and employees of a service and care
5    provider of livestock caring for and treating livestock
6    belonging to the owner or under a provider's care,
7    including but not limited to, the performance of husbandry
8    and livestock management practices such as dehorning,
9    castration, emasculation, or docking of cattle, horses,
10    sheep, goats, and swine, artificial insemination, and
11    drawing of semen. Nor shall this Act be construed to
12    prohibit any person from administering in a humane manner
13    medicinal or surgical treatment to any livestock in the
14    care of such person. However, any such services shall
15    comply with the Humane Care for Animals Act.
16        (8) An owner of an animal, or an agent of the owner
17    acting with the owner's approval, in caring for, training,
18    or treating an animal belonging to the owner, so long as
19    that individual or agent does not represent himself or
20    herself as a veterinarian or use any title associated with
21    the practice of veterinary medicine or surgery or
22    diagnose, prescribe drugs, or perform surgery. The agent
23    shall provide the owner with a written statement
24    summarizing the nature of the services provided and obtain
25    a signed acknowledgment from the owner that they accept
26    the services provided. The services shall comply with the

 

 

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1    Humane Care for Animals Act. The provisions of this item
2    (8) do not apply to a person who is exempt under item (7).
3        (9) A member in good standing of another licensed or
4    regulated profession within any state or a member of an
5    organization or group approved by the Department by rule
6    providing assistance that is requested in writing by a
7    veterinarian licensed in this State acting within a
8    veterinarian-client-patient relationship and with
9    informed consent from the client and the member is acting
10    under the immediate, direct, or indirect supervision and
11    control of the licensed veterinarian. Providing assistance
12    involves hands-on active participation in the treatment
13    and care of the patient, as defined by rule. The licensed
14    veterinarian shall maintain responsibility for the
15    veterinarian-client-patient relationship, but shall be
16    immune from liability, except for willful and wanton
17    conduct, in any civil or criminal action if a member
18    providing assistance does not meet the requirements of
19    this item (9).
20        (10) A graduate of a non-accredited college of
21    veterinary medicine who is in the process of obtaining a
22    certificate of educational equivalence and is performing
23    duties or actions assigned by instructors in an approved
24    college of veterinary medicine.
25        (10.5) A veterinarian who is enrolled in a
26    postgraduate instructional program in an accredited

 

 

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1    college of veterinary medicine performing duties or
2    actions assigned by instructors or working under the
3    immediate or direct supervision of a licensed veterinarian
4    or a faculty member of the College of Veterinary Medicine
5    at the University of Illinois.
6        (11) A certified euthanasia technician who is
7    authorized to perform euthanasia in the course and scope
8    of his or her employment only as permitted by the Humane
9    Euthanasia in Animal Shelters Act.
10        (12) A person who, without expectation of
11    compensation, provides emergency veterinary care in an
12    emergency or disaster situation so long as he or she does
13    not represent himself or herself as a veterinarian or use
14    a title or degree pertaining to the practice of veterinary
15    medicine and surgery.
16        (13) Any certified veterinary technician or other
17    employee of a licensed veterinarian performing permitted
18    duties other than diagnosis, prognosis, prescription, or
19    surgery under the appropriate direction and supervision of
20    the veterinarian, who shall be responsible for the
21    performance of the employee.
22        (13.5) Any pharmacist licensed in the State, merchant,
23    or manufacturer selling at his or her regular place of
24    business medicines, feed, appliances, or other products
25    used in the prevention or treatment of animal diseases as
26    permitted by law and provided that the services he or she

 

 

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1    provides do not include diagnosing, prognosing, writing
2    prescriptions, or surgery.
3        (14) An approved humane investigator regulated under
4    the Humane Care for Animals Act or employee of a shelter
5    licensed under the Animal Welfare Act, working under the
6    indirect supervision of a licensed veterinarian.
7        (15) An individual providing equine dentistry services
8    requested by a veterinarian licensed to practice in this
9    State, an owner, or an owner's agent. For the purposes of
10    this item (15), "equine dentistry services" means floating
11    teeth without the use of drugs or extraction.
12        (15.5) In the event of an emergency or disaster, a
13    veterinarian or veterinary technician not licensed in this
14    State who (A) is responding to a request for assistance
15    from the Illinois Department of Agriculture, the Illinois
16    Department of Public Health, the Illinois Emergency
17    Management Agency, or other State agency as determined by
18    the Department; (B) is licensed and in good standing in
19    another state; and (C) has been granted a temporary waiver
20    from licensure by the Department.
21        (16) Private treaty sale of animals unless otherwise
22    provided by law.
23        (17) A chiropractic physician licensed in this State
24    and certified by the American Veterinary Chiropractic
25    Association performing chiropractic care on animals.
26(Source: P.A. 98-339, eff. 12-31-13.)