HB2473 EngrossedLRB103 28983 AMQ 55369 b

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 Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 102-291, eff. 8-6-21.)
 

 

 

HB2473 Engrossed- 2 -LRB103 28983 AMQ 55369 b

1    (5 ILCS 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Environmental Health Practitioner Licensing Act.
6        The Veterinary Medicine and Surgery Practice Act of
7    2004.
8    (b) The following Act is repealed on December 31, 2029:
9        The Structural Pest Control Act.
10(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11101-81, eff. 7-12-19.)
 
12    Section 10. The Veterinary Medicine and Surgery Practice
13Act of 2004 is amended by changing Sections 3, 4, 8, 10, 10.5,
1411, 12, 14.1, 25, 25.2, 25.6, 25.7, 25.9, 25.15, 25.17, and 27
15and by adding Sections 3.5 and 4.5 as follows:
 
16    (225 ILCS 115/3)  (from Ch. 111, par. 7003)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 3. Definitions. The following terms have the meanings
19indicated, unless the context requires otherwise:
20    "Accredited college of veterinary medicine" means a
21veterinary college, school, or division of a university or
22college that offers the degree of Doctor of Veterinary
23Medicine or its equivalent and that is accredited by the

 

 

HB2473 Engrossed- 3 -LRB103 28983 AMQ 55369 b

1Council on Education of the American Veterinary Medical
2Association (AVMA).
3    "Address of record" means the designated address recorded
4by the Department in the applicant's or licensee's application
5file or license file as maintained by the Department's
6licensure maintenance unit. It is the duty of the applicant or
7licensee to inform the Department of any change of address,
8and those changes must be made either through the Department's
9website or by contacting the Department.
10    "Accredited program in veterinary technology" means any
11post-secondary educational program that is accredited by the
12AVMA's Committee on Veterinary Technician Education and
13Activities or any veterinary technician program that is
14recognized as its equivalent by the AVMA's Committee on
15Veterinary Technician Education and Activities.
16    "Animal" means any animal, vertebrate or invertebrate,
17other than a human.
18    "Board" means the Veterinary Licensing and Disciplinary
19Board.
20    "Certified veterinary technician" means a person who is
21validly and currently licensed to practice veterinary
22technology in this State.
23    "Client" means an entity, person, group, or corporation
24that has entered into an agreement with a veterinarian for the
25purposes of obtaining veterinary medical services.
26    "Complementary, alternative, and integrative therapies"

 

 

HB2473 Engrossed- 4 -LRB103 28983 AMQ 55369 b

1means a heterogeneous group of diagnostic and therapeutic
2philosophies and practices, which at the time they are
3performed may differ from current scientific knowledge, or
4whose theoretical basis and techniques may diverge from
5veterinary medicine routinely taught in accredited veterinary
6medical colleges, or both. "Complementary, alternative, and
7integrative therapies" include, but are not limited to,
8veterinary acupuncture, acutherapy, and acupressure;
9veterinary homeopathy; veterinary manual or manipulative
10therapy or therapy based on techniques practiced in
11osteopathy, chiropractic medicine, or physical medicine and
12therapy; veterinary nutraceutical therapy; veterinary
13phytotherapy; and other therapies as defined by rule.
14    "Consultation" means when a veterinarian receives advice
15in person, telephonically, electronically, or by any other
16method of communication from a veterinarian licensed in this
17or any other state or other person whose expertise, in the
18opinion of the veterinarian, would benefit a patient. Under
19any circumstance, the responsibility for the welfare of the
20patient remains with the veterinarian receiving consultation.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Direct supervision" means the supervising veterinarian is
24readily available on the premises where the animal is being
25treated.
26    "Email address of record" means the designated email

 

 

HB2473 Engrossed- 5 -LRB103 28983 AMQ 55369 b

1address recorded by the Department in the applicant's
2application file or the licensee's license file, as maintained
3by the Department's licensure maintenance unit.
4    "Immediate supervision" means the supervising veterinarian
5is in the immediate area, within audible and visual range of
6the animal patient and the person treating the patient.
7    "Impaired veterinarian" means a veterinarian who is unable
8to practice veterinary medicine with reasonable skill and
9safety because of a physical or mental disability as evidenced
10by a written determination or written consent based on
11clinical evidence, including deterioration through the aging
12process, loss of motor skills, or abuse of drugs or alcohol of
13sufficient degree to diminish a person's ability to deliver
14competent patient care.
15    "Indirect supervision" means the supervising veterinarian
16need not be on the premises, but has given either written or
17oral instructions for the treatment of the animal and is
18available by telephone or other form of communication.
19    "Licensed veterinarian" means a person who is validly and
20currently licensed to practice veterinary medicine in this
21State.
22    "Patient" means an animal that is examined or treated by a
23veterinarian.
24    "Person" means an individual, firm, partnership (general,
25limited, or limited liability), association, joint venture,
26cooperative, corporation, limited liability company, or any

 

 

HB2473 Engrossed- 6 -LRB103 28983 AMQ 55369 b

1other group or combination acting in concert, whether or not
2acting as a principal, partner, member, trustee, fiduciary,
3receiver, or any other kind of legal or personal
4representative, or as the successor in interest, assignee,
5agent, factor, servant, employee, director, officer, or any
6other representative of such person.
7    "Practice of veterinary medicine" means to diagnose,
8prognose, treat, correct, change, alleviate, or prevent animal
9disease, illness, pain, deformity, defect, injury, or other
10physical, dental, or mental conditions by any method or mode,
11such as telehealth, ; including the performance of one or more
12of the following:
13        (1) Prescribing, dispensing, administering, applying,
14    or ordering the administration of any drug, medicine,
15    biologic, apparatus, anesthetic, or other therapeutic or
16    diagnostic substance, or medical or surgical technique.
17        (2) (Blank).
18        (3) Performing upon an animal a surgical or dental
19    operation.
20        (3.5) Performing upon an animal complementary,
21    alternative, or integrative therapy.
22        (4) Performing upon an animal any manual or mechanical
23    procedure for reproductive management, including the
24    diagnosis or treatment of pregnancy, sterility, or
25    infertility.
26        (4.5) The rendering of advice or recommendation by any

 

 

HB2473 Engrossed- 7 -LRB103 28983 AMQ 55369 b

1    means, including telephonic and other electronic
2    communications, with regard to the performing upon an
3    animal any manual or mechanical procedure for reproductive
4    management, including the diagnosis or treatment of
5    pregnancy, sterility, or infertility.
6        (5) Determining the health and fitness of an animal.
7        (6) Representing oneself, directly or indirectly, as
8    engaging in the practice of veterinary medicine.
9        (7) Using any word, letters, or title under such
10    circumstances as to induce the belief that the person
11    using them is qualified to engage in the practice of
12    veterinary medicine or any of its branches. Such use shall
13    be prima facie evidence of the intention to represent
14    oneself as engaging in the practice of veterinary
15    medicine.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18    "Supervising veterinarian" means a veterinarian who
19assumes responsibility for the professional care given to an
20animal by a person working under his or her direction in either
21an immediate, direct, or indirect supervision arrangement. The
22supervising veterinarian must have examined the animal at such
23time as acceptable veterinary medical practices requires,
24consistent with the particular delegated animal health care
25task.
26    "Teleadvice" means the provision of any health

 

 

HB2473 Engrossed- 8 -LRB103 28983 AMQ 55369 b

1information, opinion, guidance, or recommendation concerning
2prudent actions that are not specific to a particular
3patient's health, illness, or injury. This general advice is
4not intended to diagnose, prognose, treat, correct, change,
5alleviate, or prevent animal disease, illness, pain,
6deformity, defect, injury, or other physical or mental
7conditions. "Teleadvice" includes recommendations made by
8veterinarians or non-veterinarians via phone, text, or online
9that all animals should receive physical exams or premise
10visits as part of a comprehensive healthcare plan or reference
11to the importance of attending to regular vaccination or
12parasite prevention as a key part of preventive care.
13    "Telehealth" means all uses of technology to remotely
14gather and deliver health information, advice, education, and
15care. "Telehealth" may be divided into categories based on who
16is involved in the communication. For communication between
17veterinarians and animal owners, 2 telehealth categories exist
18that are distinguished by whether a
19veterinarian-client-patient relationship has been
20established, including:
21        (1) telemedicine includes the delivery of information
22    specific to a particular patient and is allowable only
23    within the context of an established
24    veterinarian-client-patient relationship; and
25        (2) without a veterinarian-client-patient
26    relationship, telehealth includes the delivery of general

 

 

HB2473 Engrossed- 9 -LRB103 28983 AMQ 55369 b

1    advice, educational information, and teletriage to support
2    the care of animals in emergency situations.
3    "Telemedicine" means the use of a tool to exchange
4information about a patient's clinical health status
5electronically from one site to another. "Telemedicine"
6includes using technology to communicate with a client and
7visually observe the patient during a postoperative follow-up
8examination and discussion.
9    "Telesupervision" means the supervision of certified
10veterinary technicians using mediums such as audio conference,
11audio and video conference, text message, and email.
12    "Teletriage" means the safe, appropriate, and timely
13assessment and management, including an immediate referral to
14a veterinarian or not, of a patient via electronic
15consultation with the patient's owners. In assessing a
16patient's condition electronically, the assessor determines
17urgency and the need for immediate referral to a veterinarian
18based on the owner's or responsible party's report of history
19and clinical signs, which is sometimes supplemented by visual
20information, such as photographs or video. During teletriage,
21a diagnosis is not rendered.
22    "Therapeutic" means the treatment, control, and prevention
23of disease.
24    "Veterinarian" means a person who is validly and currently
25licensed to practice veterinary medicine in this State.
26    "Veterinarian-client-patient relationship" means that all

 

 

HB2473 Engrossed- 10 -LRB103 28983 AMQ 55369 b

1of the following conditions have been met:
2        (1) The veterinarian has assumed the responsibility
3    for making clinical judgments regarding the health of an
4    animal and the need for medical treatment and the client,
5    owner, or other caretaker has agreed to follow the
6    instructions of the veterinarian;
7        (2) There is sufficient knowledge of an animal by the
8    veterinarian to initiate at least a general or preliminary
9    diagnosis of the medical condition of the animal. This
10    means that the veterinarian has recently seen and is
11    personally acquainted with the keeping and care of the
12    animal by virtue of an examination of the animal or by
13    medically appropriate and timely visits to the premises
14    where the animal is kept, or the veterinarian has access
15    to the animal patient's records and has been designated by
16    the veterinarian with the prior relationship to provide
17    reasonable and appropriate medical care if the
18    veterinarian with the prior relationship he or she is
19    unavailable; and
20        (3) The practicing veterinarian is readily available
21    for follow-up in case of adverse reactions or failure of
22    the treatment regimen or, if unavailable, has designated
23    another available veterinarian who has access to the
24    animal patient's records to provide reasonable and
25    appropriate medical care.
26    "Veterinarian-client-patient relationship" does not mean a

 

 

HB2473 Engrossed- 11 -LRB103 28983 AMQ 55369 b

1relationship solely based on telephonic or other electronic
2communications.
3    "Veterinary medicine" means all branches and specialties
4included within the practice of veterinary medicine.
5    "Veterinary premises" means any premises or facility where
6the practice of veterinary medicine occurs, including, but not
7limited to, a mobile clinic, outpatient clinic, satellite
8clinic, or veterinary hospital or clinic. "Veterinary
9premises" does not mean the premises of a veterinary client,
10research facility, a federal military base, or an accredited
11college of veterinary medicine.
12    "Veterinary prescription drugs" means those drugs
13restricted to use by or on the order of a licensed veterinarian
14in accordance with Section 503(f) of the Federal Food, Drug,
15and Cosmetic Act (21 U.S.C. 353).
16    "Veterinary specialist" means that a veterinarian is a
17diplomate within an AVMA-recognized veterinary specialty
18organization.
19    "Veterinary technology" means the performance of services
20within the field of veterinary medicine by a person who, for
21compensation or personal profit, is employed by a licensed
22veterinarian to perform duties that require an understanding
23of veterinary medicine necessary to carry out the orders of
24the veterinarian. Those services, however, shall not include
25diagnosing, prognosing, writing prescriptions, or surgery.
26(Source: P.A. 98-339, eff. 12-31-13.)
 

 

 

HB2473 Engrossed- 12 -LRB103 28983 AMQ 55369 b

1    (225 ILCS 115/3.5 new)
2    Sec. 3.5. Address of record; email address of record. All
3applicants and licensees shall:
4        (1) provide a valid address and email address to the
5    Department, which shall serve as the address of record and
6    email address of record, respectively, at the time of
7    application for licensure or renewal of a license; and
8        (2) inform the Department of any change of address of
9    record or email address of record within 14 days after
10    such change either through the Department's website or by
11    contacting the Department's licensure maintenance unit.
 
12    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 4. Exemptions. Nothing in this Act shall apply to any
15of the following:
16        (1) Veterinarians employed by the federal or State
17    government while engaged in their official duties.
18        (2) Licensed veterinarians from other states who are
19    invited to Illinois for consultation by a veterinarian
20    licensed in Illinois.
21        (3) Veterinarians employed by colleges or universities
22    while engaged in the performance of their official duties,
23    or faculty engaged in animal husbandry or animal
24    management programs of colleges or universities.

 

 

HB2473 Engrossed- 13 -LRB103 28983 AMQ 55369 b

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

 

 

HB2473 Engrossed- 14 -LRB103 28983 AMQ 55369 b

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

 

 

HB2473 Engrossed- 15 -LRB103 28983 AMQ 55369 b

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

 

 

HB2473 Engrossed- 16 -LRB103 28983 AMQ 55369 b

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

 

 

HB2473 Engrossed- 17 -LRB103 28983 AMQ 55369 b

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

 

 

HB2473 Engrossed- 18 -LRB103 28983 AMQ 55369 b

1    provided by law.
2(Source: P.A. 98-339, eff. 12-31-13.)
 
3    (225 ILCS 115/4.5 new)
4    Sec. 4.5. Telehealth. Telehealth occurs when either the
5animal who is receiving the care is located in the State when
6receiving telehealth treatment or the veterinarian providing
7the care to the animal is located in the State when providing
8telehealth treatment, pursuant to the provisions of Section 5.
9Telehealth may only be used when a veterinarian has an
10established veterinarian-client-patient relationship.
11Telehealth may be used in the following circumstances:
12        (1) when a physical examination of the patient has
13    been conducted within one year; or
14        (2) if it is possible to make a diagnosis and create a
15    treatment plan without a recent physical examination based
16    on professional standards of care.
17    A veterinarian shall not substitute telehealth,
18teleadvice, telemedicine, or teletriage when a physical
19examination is warranted or necessary for an accurate
20diagnosis of any medical condition or creation of an
21appropriate treatment plan. All minimum standards of practice
22and provisions under this Act and rules shall be maintained.
23    A veterinarian shall ensure that any technology used in
24the provision of telehealth is sufficient and of appropriate
25quality to provide accurate remote assessment and diagnosis. A

 

 

HB2473 Engrossed- 19 -LRB103 28983 AMQ 55369 b

1veterinarian shall meet all recordkeeping requirements
2pursuant to subsection (c) of Section 25.17.
3    A supervising veterinarian may delegate telehealth
4services to a certified veterinary technician who is acting
5under direct or indirect supervision and in accordance with
6the Act and rules. A valid veterinarian-client-patient
7relationship established by a physical examination conducted
8by the supervising veterinarian must exist for the certified
9veterinary technician to provide delegated telehealth
10services.
11    A veterinarian and a certified veterinary technician
12providing telehealth services shall, at the time of service,
13provide the veterinarian or certified veterinary technician's
14contact information, including the veterinarian or certified
15veterinary technician's full name, to the client or practice
16using the service. All telehealth records shall be provided to
17the client upon request.
 
18    (225 ILCS 115/8)  (from Ch. 111, par. 7008)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 8. Qualifications. A person is qualified to receive a
21license if the applicant he or she: (1) is of good moral
22character; (2) has graduated from an accredited college or
23school of veterinary medicine; and (3) has passed the
24examination authorized by the Department to determine fitness
25to hold a license.

 

 

HB2473 Engrossed- 20 -LRB103 28983 AMQ 55369 b

1    Applicants for licensure from non-accredited veterinary
2schools are required to successfully complete a program of
3educational equivalency as established by rule. At a minimum,
4this program shall include all of the following:
5        (1) A certified transcript indicating graduation from
6    such college.
7        (2) Successful completion of a communication ability
8    examination designed to assess communication skills,
9    including a command of the English language.
10        (3) Successful completion of an examination or
11    assessment mechanism designed to evaluate educational
12    equivalence, including both preclinical and clinical
13    competencies.
14        (4) Any other reasonable assessment mechanism designed
15    to ensure an applicant possesses the educational
16    background necessary to protect the public health and
17    safety.
18    Successful completion of the criteria set forth in this
19Section shall establish education equivalence as one of the
20criteria for licensure set forth in this Act. Applicants under
21this Section must also meet all other statutory criteria for
22licensure prior to the issuance of any such license, including
23graduation from veterinary school.
24    A graduate of a non-approved veterinary school who was
25issued a work permit by the Department before the effective
26date of this amendatory Act of the 93rd General Assembly may

 

 

HB2473 Engrossed- 21 -LRB103 28983 AMQ 55369 b

1continue to work under the direct supervision of a licensed
2veterinarian until the expiration of his or her permit.
3    In determining moral character under this Section, the
4Department may take into consideration any felony conviction
5of the applicant, but such a conviction shall not operate as a
6bar to obtaining a license. The Department may also request
7the applicant to submit and may consider as evidence of moral
8character, endorsements from 2 individuals licensed under this
9Act.
10(Source: P.A. 93-281, eff. 12-31-03.)
 
11    (225 ILCS 115/10)  (from Ch. 111, par. 7010)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 10. Application for licensure. A person who desires
14to obtain a license as a veterinarian or a certificate as a
15veterinary technician shall apply to the Department on forms
16provided by the Department. Each application shall be
17accompanied by proof of qualifications and shall be verified
18by the applicant under oath and be accompanied by the required
19fee.
20    If an applicant neglects, fails, or refuses to take an
21examination or fails to pass an examination for a license or
22otherwise fails to complete the application process under this
23Act within 3 years after filing the applicant's application,
24the application shall be denied. However, such applicant may
25make a new application for examination accompanied by the

 

 

HB2473 Engrossed- 22 -LRB103 28983 AMQ 55369 b

1required fee and must furnish proof of meeting qualifications
2for examination in effect at the time of new application.
3(Source: P.A. 88-424.)
 
4    (225 ILCS 115/10.5)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 10.5. Social Security Number or individual taxpayer
7identification number on license application. In addition to
8any other information required to be contained in the
9application, every application for an original license under
10this Act shall include the applicant's Social Security Number
11or individual taxpayer identification number, which shall be
12retained in the agency's records pertaining to the license. As
13soon as practical, the Department shall assign a customer's
14identification number to each applicant for a license.
15    Every application for a renewal or restored license shall
16require the applicant's customer identification number.
17(Source: P.A. 97-400, eff. 1-1-12.)
 
18    (225 ILCS 115/11)  (from Ch. 111, par. 7011)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 11. Practice pending licensure. A person holding the
21degree of Doctor of Veterinary Medicine, or its equivalent,
22from an accredited college of veterinary medicine, and who has
23applied in writing to the Department for a license to practice
24veterinary medicine and surgery in any of its branches, and

 

 

HB2473 Engrossed- 23 -LRB103 28983 AMQ 55369 b

1who has fulfilled the requirements of Section 8 of this Act,
2with the exception of receipt of notification of his or her
3examination results, may practice under the direct supervision
4of a veterinarian who is licensed in this State, until: (1) the
5applicant has been notified of his or her failure to pass the
6examination authorized by the Department; (2) the applicant
7has withdrawn his or her application; (3) the applicant has
8received a license from the Department after successfully
9passing the examination authorized by the Department; or (4)
10the applicant has been notified by the Department to cease and
11desist from practicing.
12    The applicant shall perform only those acts that may be
13prescribed by and incidental to his or her employment and
14those acts shall be performed under the direction of a
15supervising veterinarian who is licensed in this State. The
16applicant shall not be entitled to otherwise engage in the
17practice of veterinary medicine until fully licensed in this
18State.
19    The Department shall immediately notify, by certified
20mail, the supervising veterinarian employing the applicant and
21the applicant that the applicant shall immediately cease and
22desist from practicing if the applicant (1) practices outside
23his or her employment under a licensed veterinarian; (2)
24violates any provision of this Act; or (3) becomes ineligible
25for licensure under this Act.
26(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09;

 

 

HB2473 Engrossed- 24 -LRB103 28983 AMQ 55369 b

196-1000, eff. 7-2-10.)
 
2    (225 ILCS 115/12)  (from Ch. 111, par. 7012)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 12. Renewal and inactive status; restoration;
5military service.
6    (a) The expiration date and renewal period for each
7license or certificate shall be set by rule.
8    (b) A licensee who has permitted his or her license to
9expire or who has had his or her license on inactive status may
10have the license restored by making application to the
11Department by filing proof acceptable to the Department of his
12or her fitness to have the license restored and by paying the
13required fees. Proof of fitness may include sworn evidence
14certifying to active lawful practice in another jurisdiction.
15If the licensee has not maintained an active practice in
16another jurisdiction satisfactory to the Department, the
17Department shall determine, by an evaluation program
18established by rule, his or her fitness for restoration of the
19license and shall establish procedures and requirements for
20restoration.
21    (c) A licensee whose license expired while the licensee he
22or she was (1) in federal service on active duty with the Armed
23Forces of the United States or the State Militia called into
24service or training or (2) in training or education under the
25supervision of the United States before induction into the

 

 

HB2473 Engrossed- 25 -LRB103 28983 AMQ 55369 b

1military service, may have the license restored without paying
2any lapsed renewal fees if within 2 years after honorable
3termination of the service, training, or education the
4licensee he or she furnishes the Department with satisfactory
5evidence to the effect that the licensee he or she has been so
6engaged and that the licensee's his or her service, training,
7or education has been so terminated.
8    (d) Any licensee who notifies the Department in writing on
9the prescribed form may place the licensee's his or her license
10or certification on an inactive status and shall, subject to
11rule, be exempt from payment of the renewal fee until the
12licensee he or she notifies the Department in writing of the
13licensee's his or her intention to resume active status.
14    (e) Any veterinarian or certified veterinary technician
15requesting restoration from inactive or expired status shall
16be required to complete the continuing education requirements
17for a single license or certificate renewal period, pursuant
18to rule, and pay the current renewal fee to restore the renewal
19applicant's his or her license or certification as provided in
20this Act.
21    (f) Any licensee whose license is in inactive, expired, or
22suspended status shall not practice veterinary medicine and
23surgery in this State.
24(Source: P.A. 98-339, eff. 12-31-13.)
 
25    (225 ILCS 115/14.1)  (from Ch. 111, par. 7014.1)

 

 

HB2473 Engrossed- 26 -LRB103 28983 AMQ 55369 b

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 14.1. Returned checks; fines. Any person who delivers
3a check or other payment to the Department that is returned to
4the Department unpaid by the financial institution upon which
5it is drawn shall pay to the Department, in addition to the
6amount already owed to the Department, a fine of $50. The fines
7imposed by this Section are in addition to any other
8discipline provided under this Act for unlicensed practice or
9practice on a nonrenewed license or certificate. The
10Department shall notify the person that payment of fees and
11fines shall be paid to the Department by certified check or
12money order within 30 calendar days of the notification. If,
13after the expiration of 30 days from the date of the
14notification, the person has failed to submit the necessary
15remittance, the Department shall automatically terminate the
16license or certificate or deny the application, without
17hearing. If, after termination or denial, the person seeks a
18license or certificate, the person he or she shall apply to the
19Department for restoration or issuance of the license or
20certificate and pay all fees and fines due to the Department.
21The Department may establish a fee for the processing of an
22application for restoration of a license or certificate to pay
23all expenses of processing this application. The Secretary may
24waive the fines due under this Section in individual cases
25where the Secretary finds that the fines would be unreasonable
26or unnecessarily burdensome.

 

 

HB2473 Engrossed- 27 -LRB103 28983 AMQ 55369 b

1(Source: P.A. 96-1322, eff. 7-27-10.)
 
2    (225 ILCS 115/25)  (from Ch. 111, par. 7025)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 25. Disciplinary actions.
5    1. The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action as the Department may
8deem appropriate, including imposing fines not to exceed
9$10,000 for each violation and the assessment of costs as
10provided for in Section 25.3 of this Act, with regard to any
11license or certificate for any one or combination of the
12following:
13        A. Material misstatement in furnishing information to
14    the Department.
15        B. Violations of this Act, or of the rules adopted
16    pursuant to this Act.
17        C. Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States that is
23    (i) a felony or (ii) a misdemeanor, an essential element
24    of which is dishonesty, or that is directly related to the
25    practice of the profession.

 

 

HB2473 Engrossed- 28 -LRB103 28983 AMQ 55369 b

1        D. Fraud or any misrepresentation in applying for or
2    procuring a license under this Act or in connection with
3    applying for renewal of a license under this Act.
4        E. Professional incompetence.
5        F. Malpractice.
6        G. Aiding or assisting another person in violating any
7    provision of this Act or rules.
8        H. Failing, within 60 days, to provide information in
9    response to a written request made by the Department.
10        I. Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        J. Habitual or excessive use or abuse of drugs defined
14    in law as controlled substances, alcohol, or any other
15    substance that results in the inability to practice with
16    reasonable judgment, skill, or safety.
17        K. Discipline by another state, unit of government,
18    government agency, District of Columbia, territory, or
19    foreign nation, if at least one of the grounds for the
20    discipline is the same or substantially equivalent to
21    those set forth herein.
22        L. Charging for professional services not rendered,
23    including filing false statements for the collection of
24    fees for which services are not rendered.
25        M. A finding by the Board that the licensee or
26    certificate holder, after having his license or

 

 

HB2473 Engrossed- 29 -LRB103 28983 AMQ 55369 b

1    certificate placed on probationary status, has violated
2    the terms of probation.
3        N. Willfully making or filing false records or reports
4    in his practice, including but not limited to false
5    records filed with State agencies or departments.
6        O. Physical illness, including but not limited to,
7    deterioration through the aging process, or loss of motor
8    skill which results in the inability to practice under
9    this Act with reasonable judgment, skill, or safety.
10        P. Solicitation of professional services other than
11    permitted advertising.
12        Q. Allowing one's license under this Act to be used by
13    an unlicensed person in violation of this Act.
14        R. Conviction of or cash compromise of a charge or
15    violation of the Harrison Act or the Illinois Controlled
16    Substances Act, regulating narcotics.
17        S. Fraud or dishonesty in applying, treating, or
18    reporting on tuberculin or other biological tests.
19        T. Failing to report, as required by law, or making
20    false report of any contagious or infectious diseases.
21        U. Fraudulent use or misuse of any health certificate,
22    shipping certificate, brand inspection certificate, or
23    other blank forms used in practice that might lead to the
24    dissemination of disease or the transportation of diseased
25    animals dead or alive; or dilatory methods, willful
26    neglect, or misrepresentation in the inspection of milk,

 

 

HB2473 Engrossed- 30 -LRB103 28983 AMQ 55369 b

1    meat, poultry, and the by-products thereof.
2        V. Conviction on a charge of cruelty to animals.
3        W. Failure to keep one's premises and all equipment
4    therein in a clean and sanitary condition.
5        X. Failure to provide satisfactory proof of having
6    participated in approved continuing education programs.
7        Y. Mental illness or disability that results in the
8    inability to practice under this Act with reasonable
9    judgment, skill, or safety.
10        Z. (Blank). Conviction by any court of competent
11    jurisdiction, either within or outside this State, of any
12    violation of any law governing the practice of veterinary
13    medicine, if the Department determines, after
14    investigation, that the person has not been sufficiently
15    rehabilitated to warrant the public trust.
16        AA. Promotion of the sale of drugs, devices,
17    appliances, or goods provided for a patient in any manner
18    to exploit the client for financial gain of the
19    veterinarian.
20        BB. Gross, willful, or continued overcharging for
21    professional services.
22        CC. Practicing under a false or, except as provided by
23    law, an assumed name.
24        DD. Violating state or federal laws or regulations
25    relating to controlled substances or legend drugs.
26        EE. Cheating on or attempting to subvert the licensing

 

 

HB2473 Engrossed- 31 -LRB103 28983 AMQ 55369 b

1    examination administered under this Act.
2        FF. Using, prescribing, or selling a prescription drug
3    or the extra-label use of a prescription drug by any means
4    in the absence of a valid veterinarian-client-patient
5    relationship.
6        GG. Failing to report a case of suspected aggravated
7    cruelty, torture, or animal fighting pursuant to Section
8    3.07 or 4.01 of the Humane Care for Animals Act or Section
9    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
10    Code of 2012.
11    All fines imposed under this Section shall be paid within
1260 days after the effective date of the order imposing the fine
13or in accordance with the terms set forth in the order imposing
14the fine.
15    2. The determination by a circuit court that a licensee or
16certificate holder is subject to involuntary admission or
17judicial admission as provided in the Mental Health and
18Developmental Disabilities Code operates as an automatic
19suspension. The suspension will end only upon a finding by a
20court that the patient is no longer subject to involuntary
21admission or judicial admission and issues an order so finding
22and discharging the patient. In any case where a license is
23suspended under this provision, the licensee shall file a
24petition for restoration and shall include evidence acceptable
25to the Department that the licensee can resume practice in
26compliance with acceptable and prevailing standards of his or

 

 

HB2473 Engrossed- 32 -LRB103 28983 AMQ 55369 b

1her profession.
2    3. All proceedings to suspend, revoke, place on
3probationary status, or take any other disciplinary action as
4the Department may deem proper, with regard to a license or
5certificate on any of the foregoing grounds, must be commenced
6within 5 years after receipt by the Department of a complaint
7alleging the commission of or notice of the conviction order
8for any of the acts described in this Section. Except for
9proceedings brought for violations of items (CC), (DD), or
10(EE), no action shall be commenced more than 5 years after the
11date of the incident or act alleged to have violated this
12Section. In the event of the settlement of any claim or cause
13of action in favor of the claimant or the reduction to final
14judgment of any civil action in favor of the plaintiff, the
15claim, cause of action, or civil action being grounded on the
16allegation that a person licensed or certified under this Act
17was negligent in providing care, the Department shall have an
18additional period of one year from the date of the settlement
19or final judgment in which to investigate and begin formal
20disciplinary proceedings under Section 25.2 of this Act,
21except as otherwise provided by law. The time during which the
22holder of the license or certificate was outside the State of
23Illinois shall not be included within any period of time
24limiting the commencement of disciplinary action by the
25Department.
26    4. The Department may refuse to issue or may suspend

 

 

HB2473 Engrossed- 33 -LRB103 28983 AMQ 55369 b

1without hearing, as provided for in the Illinois Code of Civil
2Procedure, the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Civil
9Administrative Code of Illinois.
10    5. In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual who
12is registered under this Act or any individual who has applied
13for registration to submit to a mental or physical examination
14or evaluation, or both, which may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation.
20The multidisciplinary team shall be led by a physician
21licensed to practice medicine in all of its branches and may
22consist of one or more or a combination of physicians licensed
23to practice medicine in all of its branches, licensed
24chiropractic physicians, licensed clinical psychologists,
25licensed clinical social workers, licensed clinical
26professional counselors, and other professional and

 

 

HB2473 Engrossed- 34 -LRB103 28983 AMQ 55369 b

1administrative staff. Any examining physician or member of the
2multidisciplinary team may require any person ordered to
3submit to an examination and evaluation pursuant to this
4Section to submit to any additional supplemental testing
5deemed necessary to complete any examination or evaluation
6process, including, but not limited to, blood testing,
7urinalysis, psychological testing, or neuropsychological
8testing.
9    The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed. The Department may order the
14examining physician or any member of the multidisciplinary
15team to present testimony concerning this examination and
16evaluation of the registrant or applicant, including testimony
17concerning any supplemental testing or documents relating to
18the examination and evaluation. No information, report,
19record, or other documents in any way related to the
20examination and evaluation shall be excluded by reason of any
21common law or statutory privilege relating to communication
22between the licensee or applicant and the examining physician
23or any member of the multidisciplinary team. No authorization
24is necessary from the registrant or applicant ordered to
25undergo an evaluation and examination for the examining
26physician or any member of the multidisciplinary team to

 

 

HB2473 Engrossed- 35 -LRB103 28983 AMQ 55369 b

1provide information, reports, records, or other documents or
2to provide any testimony regarding the examination and
3evaluation. The individual to be examined may have, at his or
4her own expense, another physician of his or her choice
5present during all aspects of the examination.
6    Failure of any individual to submit to mental or physical
7examination or evaluation, or both, when directed, shall
8result in an automatic suspension without hearing, until such
9time as the individual submits to the examination. If the
10Department finds a registrant unable to practice because of
11the reasons set forth in this Section, the Department shall
12require such registrant to submit to care, counseling, or
13treatment by physicians approved or designated by the
14Department as a condition for continued, reinstated, or
15renewed registration.
16    In instances in which the Secretary immediately suspends a
17registration under this Section, a hearing upon such person's
18registration must be convened by the Department within 15 days
19after such suspension and completed without appreciable delay.
20The Department shall have the authority to review the
21registrant's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25    Individuals registered under this Act who are affected
26under this Section, shall be afforded an opportunity to

 

 

HB2473 Engrossed- 36 -LRB103 28983 AMQ 55369 b

1demonstrate to the Department that they can resume practice in
2compliance with acceptable and prevailing standards under the
3provisions of their registration.
4    6. (Blank).
5    7. In cases where the Department of Healthcare and Family
6Services has previously determined a licensee or a potential
7licensee is more than 30 days delinquent in the payment of
8child support and has subsequently certified the delinquency
9to the Department, the Department may refuse to issue or renew
10or may revoke or suspend that person's license or may take
11other disciplinary action against that person based solely
12upon the certification of delinquency made by the Department
13of Healthcare and Family Services in accordance with paragraph
14(5) of subsection (a) of Section 2105-15 of the Civil
15Administrative Code of Illinois.
16(Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
 
17    (225 ILCS 115/25.2)  (from Ch. 111, par. 7025.2)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 25.2. Investigation; notice and hearing. The
20Department may investigate the actions of any applicant or of
21any person or persons holding or claiming to hold a license or
22certificate. The Department shall, before refusing to issue,
23to renew or discipline a license or certificate under Section
2425, at least 30 days prior to the date set for the hearing,
25notify the applicant or licensee in writing of the nature of

 

 

HB2473 Engrossed- 37 -LRB103 28983 AMQ 55369 b

1the charges and the time and place for a hearing on the
2charges. The Department shall direct the applicant,
3certificate holder, or licensee to file a written answer to
4the charges with the Board under oath within 20 days after the
5service of the notice and inform the applicant, certificate
6holder, or licensee that failure to file an answer will result
7in default being taken against the applicant, certificate
8holder, or licensee. At the time and place fixed in the notice,
9the Department shall proceed to hear the charges and the
10parties or their counsel shall be accorded ample opportunity
11to present any pertinent statements, testimony, evidence, and
12arguments. The Department may continue the hearing from time
13to time. In case the person, after receiving the notice, fails
14to file an answer, his or her license may, in the discretion of
15the Department, be revoked, suspended, placed on probationary
16status, or the Department may take whatever disciplinary
17action considered proper, including limiting the scope,
18nature, or extent of the person's practice or the imposition
19of a fine, without a hearing, if the act or acts charged
20constitute sufficient grounds for that action under the Act.
21The written notice and any notice in the subsequent proceeding
22may be served by regular registered or certified mail to the
23licensee's address or electronically to the licensee's email
24address of record.
25(Source: P.A. 98-339, eff. 12-31-13.)
 

 

 

HB2473 Engrossed- 38 -LRB103 28983 AMQ 55369 b

1    (225 ILCS 115/25.6)  (from Ch. 111, par. 7025.6)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 25.6. Board report. At the conclusion of the hearing
4the Board shall present to the Secretary a written report of
5its findings of fact, conclusions of law, and recommendations.
6The report shall contain a finding whether or not the accused
7person violated this Act or failed to comply with the
8conditions required in this Act. The Board shall specify the
9nature of the violation or failure to comply, and shall make
10its recommendations to the Secretary.
11    The report of findings of fact, conclusions of law and
12recommendation of the Board shall be the basis for the
13Secretary's Department's order for refusing to issue, restore,
14or renew a license, or otherwise disciplining a licensee, or
15for the granting of a license, certificate, or permit. If the
16Secretary disagrees in any regard with the report of the
17Board, then the Secretary may issue an order in contravention
18thereof. The finding is not admissible in evidence against the
19person in a criminal prosecution brought for the violation of
20this Act, but the hearing and finding are not a bar to a
21criminal prosecution brought for the violation of this Act.
22(Source: P.A. 98-339, eff. 12-31-13.)
 
23    (225 ILCS 115/25.7)  (from Ch. 111, par. 7025.7)
24    (Section scheduled to be repealed on January 1, 2024)
25    Sec. 25.7. Motion for rehearing; procedure upon refusal to

 

 

HB2473 Engrossed- 39 -LRB103 28983 AMQ 55369 b

1license or issue certificate. In any hearing involving the
2refusal to issue, renew, or discipline a license or
3certificate, a copy of the Board's report shall be served upon
4the respondent by the Department, either personally or as
5provided in this Act for the service of the notice of hearing.
6Within 20 days after service, the respondent may present to
7the Secretary Department a motion in writing for a rehearing.
8The motion shall specify the particular grounds for the
9rehearing. If no motion for rehearing is filed, then upon the
10expiration of the time specified for filing a motion, or if a
11motion for rehearing is denied, then upon the denial, then the
12Secretary may enter an order in accordance with
13recommendations of the Board except as provided in Section
1425.6 of this Act. If the respondent orders from the reporting
15service, and pays for a transcript of the record within the
16time for filing a motion for rehearing, the 20-day 20 day
17period within which such a motion may be filed shall commence
18upon the delivery of the transcript to the respondent.
19(Source: P.A. 98-339, eff. 12-31-13.)
 
20    (225 ILCS 115/25.9)  (from Ch. 111, par. 7025.9)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 25.9. Hearing officers; reports; review. The
23Secretary shall have the authority to appoint any attorney
24duly licensed to practice law in the State of Illinois to serve
25as the hearing officer in any action for refusal to issue,

 

 

HB2473 Engrossed- 40 -LRB103 28983 AMQ 55369 b

1renew, or discipline of a license, certificate, or permit. The
2hearing officer shall have full authority to conduct the
3hearing. The hearing officer shall report his or her findings
4of fact, conclusions of law, and recommendations to the Board
5and the Secretary. The Board shall have 60 days from receipt of
6the report to review the report of the hearing officer and
7present its findings of fact, conclusions of law, and
8recommendations to the Secretary. If the Board fails to
9present its report within the 60-day 60 day period, then the
10Secretary may issue an order based on the report of the hearing
11officer. If the Secretary disagrees with the recommendation of
12the Board or hearing officer, then the Secretary may issue an
13order in contravention of the report.
14(Source: P.A. 98-339, eff. 12-31-13.)
 
15    (225 ILCS 115/25.15)  (from Ch. 111, par. 7025.15)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 25.15. Certification of record. The Department shall
18not be required to certify any record to the Court or file any
19answer in court or otherwise appear in any court in a judicial
20review proceeding, unless and until the Department has
21received from the plaintiff payment of the costs of furnishing
22and certifying the record, which costs shall be determined by
23the Department. Exhibits shall be certified without cost.
24Failure on the part of the plaintiff to file a receipt in Court
25shall be grounds for dismissal of the action.

 

 

HB2473 Engrossed- 41 -LRB103 28983 AMQ 55369 b

1(Source: P.A. 98-339, eff. 12-31-13.)
 
2    (225 ILCS 115/25.17)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 25.17. Disclosure of patient records; maintenance.
5    (a) No veterinarian shall be required to disclose any
6information concerning the veterinarian's care of an animal
7except on written authorization or other waiver by the
8veterinarian's client or on appropriate court order or
9subpoena. Any veterinarian releasing information under written
10authorization, or other waiver by the client, or court order
11of subpoena is not liable to the client or any other person.
12The privilege provided by this Section is waived to the extent
13that the veterinarian's client or the owner of the animal
14places the care and treatment or the nature and extent of
15injuries to the animal at issue in any civil or criminal
16proceeding. When communicable disease laws, cruelty to animal
17laws, or laws providing for public health and safety are
18involved, the privilege provided by this Section is waived.
19    (b) Copies of patient records must be released to the
20client upon written request as provided for by rule.
21    (c) Each person who provides veterinary medical services
22shall maintain appropriate patient records as defined by rule.
23The patient records are the property of the practice and the
24practice owner. Patient records shall, if applicable, include
25the following:

 

 

HB2473 Engrossed- 42 -LRB103 28983 AMQ 55369 b

1        (1) patient identification;
2        (2) client identification;
3        (3) dated reason for visit and pertinent history;
4        (4) physical exam findings;
5        (5) diagnostic, medical, surgical or therapeutic
6    procedures performed;
7        (6) all medical treatment must include identification
8    of each medication given in the practice, together with
9    the date, dosage, and route of administration and
10    frequency and duration of treatment;
11        (7) all medicines dispensed or prescribed must be
12    recorded, including directions for use and quantity;
13        (8) any changes in medications or dosages, including
14    telephonically or electronically initiated changes, must
15    be recorded;
16        (9) if a necropsy is performed, then the record must
17    reflect the findings;
18        (10) any written records and notes, radiographs,
19    sonographic images, video recordings, photographs or other
20    images, and laboratory reports;
21        (11) other information received as the result of
22    consultation;
23        (12) identification of any designated agent of the
24    client for the purpose of authorizing veterinary medical
25    or animal health care decisions; and
26        (13) any authorizations, releases, waivers, or other

 

 

HB2473 Engrossed- 43 -LRB103 28983 AMQ 55369 b

1    related documents.
2    (d) Patient records must be maintained for a minimum of 5
3years from the date of the last known contact with a an animal
4patient.
5    (e) Information and records related to patient care shall
6remain confidential except as provided in subsections (a) and
7(b) of this Section.
8(Source: P.A. 96-1322, eff. 7-27-10.)
 
9    (225 ILCS 115/27)  (from Ch. 111, par. 7027)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 27. Administrative Procedure Act. The Illinois
12Administrative Procedure Act is hereby expressly adopted and
13incorporated into this Act as if all of the provisions of that
14Act were included in this Act, except that the provision of
15subsection (d) of Section 10-65 of the Illinois Administrative
16Procedure Act that provides that at hearings the licensee or
17certificate holder has the right to show compliance with all
18lawful requirements for retention, continuation, or renewal of
19the license or certificate is specifically excluded. For the
20purpose of this Act the notice required under Section 10-25 of
21the Illinois Administrative Procedure Act is considered
22sufficient when mailed to the last known address of record or
23sent electronically to the last known email address of record.
24(Source: P.A. 98-339, eff. 12-31-13.)
 

 

 

HB2473 Engrossed- 44 -LRB103 28983 AMQ 55369 b

1    (225 ILCS 115/23 rep.)
2    Section 15. The Veterinary Medicine and Surgery Practice
3Act of 2004 is amended by repealing Section 23.
 
4    Section 99. Effective date. This Section and Section 5
5take effect upon becoming law.

 

 

HB2473 Engrossed- 45 -LRB103 28983 AMQ 55369 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.34
4    5 ILCS 80/4.39
5    225 ILCS 115/3from Ch. 111, par. 7003
6    225 ILCS 115/3.5 new
7    225 ILCS 115/4from Ch. 111, par. 7004
8    225 ILCS 115/4.5 new
9    225 ILCS 115/8from Ch. 111, par. 7008
10    225 ILCS 115/10from Ch. 111, par. 7010
11    225 ILCS 115/10.5
12    225 ILCS 115/11from Ch. 111, par. 7011
13    225 ILCS 115/12from Ch. 111, par. 7012
14    225 ILCS 115/14.1from Ch. 111, par. 7014.1
15    225 ILCS 115/25from Ch. 111, par. 7025
16    225 ILCS 115/25.2from Ch. 111, par. 7025.2
17    225 ILCS 115/25.6from Ch. 111, par. 7025.6
18    225 ILCS 115/25.7from Ch. 111, par. 7025.7
19    225 ILCS 115/25.9from Ch. 111, par. 7025.9
20    225 ILCS 115/25.15from Ch. 111, par. 7025.15
21    225 ILCS 115/25.17
22    225 ILCS 115/27from Ch. 111, par. 7027
23    225 ILCS 115/23 rep.