State of Illinois
2015 and 2016


Introduced , by Rep. Robert Rita


510 ILCS 72/5
510 ILCS 72/20
510 ILCS 72/35
510 ILCS 72/55
510 ILCS 72/60
510 ILCS 72/65
510 ILCS 72/85
510 ILCS 72/90
510 ILCS 72/100
510 ILCS 72/105
510 ILCS 72/115
510 ILCS 72/120
510 ILCS 72/125
510 ILCS 72/130
510 ILCS 72/135
510 ILCS 72/140
510 ILCS 72/145
510 ILCS 72/150
510 ILCS 72/160
510 ILCS 72/165
510 ILCS 72/170
510 ILCS 72/190 new

    Amends the Humane Euthanasia in Animal Shelters Act. Changes references from "Director" to "Secretary". Removes a requirement for certified euthanasia technicians to renew his or her certification every 5 years. Makes changes to provisions concerning investigations, hearings, certification of record, criminal penalties, confidentiality, and surrender and restoration of certificates. Provides that the Secretary of Financial and Professional Regulation may summarily suspend the certificate of a euthanasia agency or euthanasia technician without a hearing, simultaneously with the institution of proceedings for a hearing, if the Secretary finds that the evidence indicates that the continued practice of the certified euthanasia agency or technician would constitute cruelty or an imminent danger to the public. Makes other changes.

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1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Humane Euthanasia in Animal Shelters Act is
5amended by changing Sections 5, 20, 35, 55, 60, 65, 85, 90,
6100, 105, 115, 120, 125, 130, 135, 140, 145, 150, 160, 165, and
7170 and by adding Section 190 as follows:
8    (510 ILCS 72/5)
9    Sec. 5. Definitions. The following terms have the meanings
10indicated, unless the context requires otherwise:
11    "Address of record" means the designated address recorded
12by the Department in the applicant, euthanasia agency, or
13euthanasia technician's file as maintained by the Department's
14licensure maintenance unit.
15    "Animal" means any bird, fish, reptile, or mammal other
16than man.
17    "DEA" means the United States Department of Justice Drug
18Enforcement Administration.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Director" means the Director of the Department of
22Professional Regulation.
23    "Euthanasia agency" means an entity certified by the



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1Department for the purpose of animal euthanasia that holds an
2animal control facility or animal shelter license under the
3Animal Welfare Act and that permits only euthanasia technicians
4or veterinarians to perform the euthanasia of animals.
5    "Euthanasia drugs" means Schedule II or Schedule III
6substances (nonnarcotic controlled substances) as set forth in
7the Illinois Controlled Substances Act that are used by a
8euthanasia agency for the purpose of animal euthanasia.
9    "Euthanasia technician" or "technician" means a person
10employed by a euthanasia agency or working under the direct
11supervision of a veterinarian and who is certified by the
12Department to administer euthanasia drugs to euthanize
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    "Veterinarian" means a person holding the degree of Doctor
17of Veterinary Medicine who is licensed under the Veterinary
18Medicine and Surgery Practice Act of 2004.
19(Source: P.A. 96-780, eff. 8-28-09.)
20    (510 ILCS 72/20)
21    Sec. 20. Application for original certification; change of
23    (a) Applications for original certification shall be made
24to the Department in writing, shall be signed by the applicant
25on forms prescribed by the Department, and shall be accompanied



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1by a nonrefundable fee set by rule. The Department may require
2information from the applicant that, in its judgment, will
3enable the Department to determine the qualifications of the
4applicant for certification.
5    (b) It is the duty of the applicant, euthanasia agency, or
6euthanasia technician to inform the Department of any change of
7address, and those changes must be made either through the
8Department's website or by contacting the Department.
9(Source: P.A. 92-449, eff. 1-1-02.)
10    (510 ILCS 72/35)
11    Sec. 35. Technician certification; duties.
12    (a) An applicant for certification as a euthanasia
13technician shall file an application with the Department and
15        (1) Be 18 years of age.
16        (2) Be of good moral character. In determining moral
17    character under this Section, the Department may take into
18    consideration whether the applicant has engaged in conduct
19    or activities that would constitute grounds for discipline
20    under this Act.
21        (3) Each applicant for certification as a euthanasia
22    technician shall have his or her fingerprints submitted to
23    the Department of State Police in an electronic format that
24    complies with the form and manner for requesting and
25    furnishing criminal history record information as



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1    prescribed by the Department of State Police. These
2    fingerprints shall be checked against the Department of
3    State Police and Federal Bureau of Investigation criminal
4    history record databases now and hereafter filed. The
5    Department of State Police shall charge applicants a fee
6    for conducting the criminal history records check, which
7    shall be deposited in the State Police Services Fund and
8    shall not exceed the actual cost of the records check. The
9    Department of State Police shall furnish, pursuant to
10    positive identification, records of Illinois convictions
11    to the Department.
12        (4) Hold a license or certification from the American
13    Humane Association, the National Animal Control
14    Association, the Illinois Federation of Humane Societies,
15    or the Humane Society of the United States issued within 3
16    years preceding the date of application. Every 5 years a
17    certified euthanasia technician must renew his or her
18    certification with the Department. At the time of renewal,
19    the technician must present proof that he or she attended a
20    class or seminar, administered by the American Humane
21    Association, the National Animal Control Association, the
22    Illinois Federation of Humane Societies, or the Humane
23    Society of the United States, that teaches techniques or
24    guidelines, or both, for humane animal euthanasia.
25        (5) Pay the required fee.
26    (b) The duties of a euthanasia technician shall include but



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1are not limited to:
2        (1) preparing animals for euthanasia and scanning each
3    animal, prior to euthanasia, for microchips;
4        (2) accurately recording the dosages administered and
5    the amount of drugs wasted;
6        (3) ordering supplies;
7        (4) maintaining the security of all controlled
8    substances and drugs;
9        (5) humanely euthanizing animals via intravenous
10    injection by hypodermic needle, intraperitoneal injection
11    by hypodermic needle, or intracardiac injection only on
12    comatose animals by hypodermic needle; and
13        (6) properly disposing of euthanized animals after
14    verification of death.
15    (c) A euthanasia technician employed by a euthanasia agency
16may perform euthanasia by the administration of a Schedule II
17or Schedule III nonnarcotic controlled substance. A euthanasia
18technician may not personally possess, order, or administer a
19controlled substance except as an agent of the euthanasia
21    (d) Upon termination from a euthanasia agency, a euthanasia
22technician shall not perform animal euthanasia until he or she
23is employed by another certified euthanasia agency.
24    (e) A certified euthanasia technician or an instructor in
25an approved course does not engage in the practice of
26veterinary medicine when performing duties set forth in this



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2(Source: P.A. 96-780, eff. 8-28-09.)
3    (510 ILCS 72/55)
4    Sec. 55. Endorsement. An applicant, who is a euthanasia
5technician certified, registered, or licensed under the laws of
6another state or territory of the United States that has
7requirements that are substantially similar to the
8requirements of this Act, may be granted certification as a
9euthanasia technician in this State without examination, upon
10presenting satisfactory proof to the Department that the
11applicant has been engaged in the practice of euthanasia for a
12period of not less than one year and upon payment of the
13required fee. In addition, an applicant shall have his or her
14fingerprints submitted to the Department of State Police for
15purposes of a criminal history records check pursuant to clause
16(a)(3) of Section 35.
17(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
18    (510 ILCS 72/60)
19    Sec. 60. Fees; returned checks. An agency or person who
20delivers a check or other payment to the Department that is
21returned to the Department unpaid by the financial institution
22upon which it is drawn shall pay to the Department, in addition
23to the amount already owed to the Department a fine of $50. The
24fines imposed by this Section are in addition to any other



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1discipline provided under this Act. The Secretary Director may
2waive the fines due under this Section in individual cases
3where the Secretary Director finds that the fines would be
4unreasonable or unnecessarily burdensome.
5(Source: P.A. 92-449, eff. 1-1-02.)
6    (510 ILCS 72/65)
7    Sec. 65. Refused issuance, suspension, or revocation of
8certification. The Department may refuse to issue, renew, or
9restore a certification or may revoke or suspend a
10certification, or place on probation, reprimand, impose a fine
11not to exceed $10,000 for each violation, or take other
12disciplinary or non-disciplinary action as the Department may
13deem proper with regard to a certified euthanasia agency or a
14certified euthanasia technician for any one or combination of
15the following reasons:
16        (1) in the case of a certified euthanasia technician,
17    failing to carry out the duties of a euthanasia technician
18    set forth in this Act or rules adopted under this Act;
19        (2) abusing the use of any controlled substance or
20    euthanasia drug;
21        (3) selling, stealing, or giving controlled substances
22    or euthanasia drugs away;
23        (4) abetting anyone in violating item (1) or (2) of
24    this Section;
25        (5) violating any provision of this Act, the Illinois



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1    Controlled Substances Act, the Illinois Food, Drug and
2    Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the
3    federal Controlled Substances Act, the rules adopted under
4    these Acts, or any rules adopted by the Department of
5    Financial and Professional Regulation concerning the
6    euthanizing of animals;
7        (6) in the case of a euthanasia technician, acting as a
8    euthanasia technician outside of the scope of his or her
9    employment with a certified euthanasia agency; and
10        (7) in the case of a euthanasia technician, being
11    convicted of or entering a plea of guilty or nolo
12    contendere to any crime that is (i) a felony under the laws
13    of the United States or any state or territory thereof,
14    (ii) a misdemeanor under the laws of the United States or
15    any state or territory an essential element of which is
16    dishonesty, or (iii) directly related to the practice of
17    the profession.
18(Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)
19    (510 ILCS 72/85)
20    Sec. 85. Cease and desist order.
21    (a) If an agency or person violates a provision of this
22Act, the Secretary Director may, in the name of the People of
23the State of Illinois, through the Attorney General of the
24State of Illinois, petition for an order enjoining the
25violation or for an order enforcing compliance with this Act.



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1Upon the filing of a verified petition in court, the court may
2issue a temporary restraining order, without notice or bond,
3and may preliminarily and permanently enjoin the violation, and
4if it is established that the agency or person has violated or
5is violating the injunction, the court may punish the offender
6for contempt of court. Proceedings under this Section shall be
7in addition to, and not in lieu of, all other remedies and
8penalties provided by this Act.
9    (b) Whenever, in the opinion of the Department, an agency
10or person violates a provision of this Act, the Department may
11issue a rule to show cause why an order to cease and desist
12should not be entered against the agency. The rule shall
13clearly set forth the grounds relied upon by the Department and
14shall provide a period of 7 days from the date of the rule to
15file an answer to the satisfaction of the Department. Failure
16to answer to the satisfaction of the Department shall cause an
17order to cease and desist to be issued immediately.
18(Source: P.A. 92-449, eff. 1-1-02.)
19    (510 ILCS 72/90)
20    Sec. 90. Uncertified practice; civil penalty.
21    (a) A person who practices, offers to practice, attempts to
22practice, or holds himself or herself out as a certified
23euthanasia technician or a certified euthanasia agency without
24being certified under this Act shall, in addition to any other
25penalty provided by law, pay a civil penalty to the Department



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1in an amount not to exceed $10,000 for each offense as
2determined by the Department. The civil penalty shall be
3assessed by the Department after a hearing is held in
4accordance with the provisions set forth in this Act regarding
5the provision of a hearing for the discipline of a certified
6euthanasia technician or a certified euthanasia agency. The
7civil penalty must be paid within 60 days after the effective
8date of the order imposing the civil penalty. The order shall
9constitute a judgment and may be filed and executed in the same
10manner as any judgment from any court of record.
11    (b) The Department may investigate any uncertified
13    (c) Instructors or licensed veterinarians teaching humane
14euthanasia techniques are exempt from the certification
15process so long as they are currently certified, registered, or
16licensed by another state as a euthanasia technician or as a
18(Source: P.A. 96-780, eff. 8-28-09.)
19    (510 ILCS 72/100)
20    Sec. 100. Investigations; notice and hearing.
21    (a) The Department may investigate the actions of an
22applicant or an animal shelter or animal control facility
23holding or claiming to hold a certificate.
24    (b) Before refusing to issue or renew a certificate or
25disciplining a certified euthanasia agency or technician, the



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1Department shall notify in writing the applicant, the
2euthanasia agency, or euthanasia technician of the nature of
3the charges and that a hearing will be held on the date
4designated, which shall be at least 30 days after the date of
5the notice. The Department shall direct the applicant,
6euthanasia agency, or euthanasia technician to file a written
7answer to the Department under oath within 20 days after the
8service of the notice and inform the applicant, euthanasia
9agency, or euthanasia technician that failure to file an answer
10will result in default being taken against the applicant,
11euthanasia agency, or euthanasia technician and that the
12certificate may be suspended, revoked, placed on probationary
13status, or other disciplinary action may be taken, including
14limiting the scope, nature, or extent of business as the
15Secretary Director may deem proper. Written notice may be
16served by personal delivery or certified or registered mail
17sent to the applicant, euthanasia agency, or euthanasia
18technician's respondent at the most recent address of on record
19with the Department.
20    If the applicant, euthanasia agency, or euthanasia
21technician fails to file an answer after receiving notice, the
22certification may, in the discretion of the Department, be
23suspended, revoked, or placed on probationary status, or the
24Department may take whatever disciplinary action it deems
25proper including imposing a civil penalty, without a hearing if
26the act or acts charged constitute sufficient ground for such



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1action under this Act.
2    At the time and place fixed in the notice, the Department
3shall proceed to hear the charges, and the parties or their
4counsel shall be accorded ample opportunity to present such
5statements, testimony, evidence, and argument as may be
6pertinent to the charges or to their defense. The Department
7may continue a hearing from time to time.
8(Source: P.A. 92-449, eff. 1-1-02.)
9    (510 ILCS 72/105)
10    Sec. 105. Records of proceedings Stenographer; transcript.
11The Department, at its expense, shall preserve a record of all
12proceedings at the formal hearing of any case involving the
13refusal to issue or renew a certificate or the discipline of a
14certified euthanasia technician. The notice of hearing,
15complaint, and all other documents in the nature of pleadings,
16written motions filed in the proceedings, the transcript of
17testimony, the report of the hearing officer, and the order of
18the Department shall be the record of the proceeding.
19(Source: P.A. 92-449, eff. 1-1-02.)
20    (510 ILCS 72/115)
21    Sec. 115. Findings and recommendations. At the conclusion
22of the hearing, the hearing officer shall present to the
23Secretary Director a written report of its findings and
24recommendations. The report shall contain a finding of whether



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1or not the accused applicant, euthanasia agency, or euthanasia
2technician violated this Act or failed to comply with the
3conditions required in this Act. The hearing officer shall
4specify the nature of the violation or failure to comply, and
5shall make its recommendations to the Secretary Director.
6    The report of the findings and recommendations of the
7hearing officer may shall be the basis for the Department's
8order of refusal or for the granting of certification unless
9the Secretary Director determines that the hearing officer's
10report is contrary to the manifest weight of the evidence, in
11which case the Secretary Director may issue an order in
12contravention of the hearing officer's report. The finding is
13not admissible in evidence against the applicant, agency, or
14technician in a criminal prosecution brought for the violation
15of this Act, but the hearing and finding are not a bar to a
16criminal prosecution brought for the violation of this Act.
17(Source: P.A. 92-449, eff. 1-1-02.)
18    (510 ILCS 72/120)
19    Sec. 120. Motion for rehearing Rehearing on motion. In a
20case involving the refusal to issue or renew a certificate or
21the discipline of a certified euthanasia agency or technician,
22a copy of the hearing officer's report shall be served upon the
23respondent by the Department, either personally or as provided
24in this Act for the service of the notice of hearing. Within 20
25days after such service, the respondent may present to the



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1Department a motion in writing for a rehearing, which shall
2specify the particular grounds for rehearing. If no motion for
3rehearing is filed, then upon the expiration of the time
4specified for filing the motion, or if a motion for rehearing
5is denied, then upon such denial the Secretary Director may
6enter an order in accordance with recommendations of the
7hearing officer except as provided in Section 125 of this Act.
8If the respondent shall order from the reporting service and
9pay for a transcript of the record with the time for filing a
10motion for rehearing, the 20 day period within which such a
11motion may be filed shall commence upon the delivery of the
12transcript to the respondent.
13(Source: P.A. 92-449, eff. 1-1-02.)
14    (510 ILCS 72/125)
15    Sec. 125. Rehearing on order of Secretary Director.
16Whenever the Secretary Director is satisfied that substantial
17justice has not been done in the revocation or suspension of a
18certification or refusal to issue or renew a certificate, the
19Secretary Director may order a rehearing.
20(Source: P.A. 92-449, eff. 1-1-02.)
21    (510 ILCS 72/130)
22    Sec. 130. Hearing officer. The Secretary Director has the
23authority to appoint an attorney duly licensed to practice law
24in this State to serve as the hearing officer in an action for



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1refusal to issue or renew a certificate or for the discipline
2of a certified euthanasia agency or technician. The hearing
3officer shall have full authority to conduct the hearing. The
4hearing officer shall report his or her findings of fact,
5conclusions of law, and recommendations to the Secretary
6Director. If the Secretary disagrees with the recommendation of
7the Board or hearing officer, then the Secretary may issue an
8order in contravention of the report.
9(Source: P.A. 92-449, eff. 1-1-02.)
10    (510 ILCS 72/135)
11    Sec. 135. Order or certified copy. An order or a certified
12copy of an order, over the seal of the Department and
13purporting to be signed by the Secretary Director, shall be
14prima facie proof that:
15        (1) the signature is the genuine signature of the
16    Secretary Director; and
17        (2) the Secretary Director is duly appointed and
18    qualified.
19This proof may be rebutted.
20(Source: P.A. 92-449, eff. 1-1-02.)
21    (510 ILCS 72/140)
22    Sec. 140. Restoration of certificate. Any time after the
23successful completion of a term of indefinite probation, or the
24suspension or revocation of a certificate, the Department may



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1restore the certificate to the accused agency upon the written
2recommendation of the Secretary Department unless, after an
3investigation and a hearing, the Department determines that
4restoration is not in the public interest or that the licensee
5has not been sufficiently rehabilitated to warrant the public
6trust. No person or entity whose certificate has been revoked
7as authorized in this Act may apply for restoration of that
8license, certification, or authority until the time as provided
9for in the Civil Administrative Code of Illinois.
10(Source: P.A. 92-449, eff. 1-1-02.)
11    (510 ILCS 72/145)
12    Sec. 145. Surrender of certificate. Upon the revocation or
13suspension of a certificate, the euthanasia agency or
14euthanasia technician shall immediately surrender the
15certificate to the Department, and if the euthanasia agency or
16euthanasia technician fails to do so, the Department shall have
17the right to seize the certificate.
18(Source: P.A. 92-449, eff. 1-1-02.)
19    (510 ILCS 72/150)
20    Sec. 150. Summary Temporary suspension of a certificate.
21The Secretary Director may summarily temporarily suspend the
22certificate of a euthanasia agency or euthanasia technician
23without a hearing, simultaneously with the institution of
24proceedings for a hearing, if the Secretary Director finds that



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1the evidence in his or her possession indicates that the
2continued practice of the certified euthanasia agency or
3technician would constitute cruelty or an imminent danger to
4the public. If the Secretary Director temporarily suspends the
5certificate without a hearing, a hearing by the hearing officer
6shall be commenced must be held within 30 days of the
7suspension and shall be concluded as expeditiously as possible.
8(Source: P.A. 92-449, eff. 1-1-02.)
9    (510 ILCS 72/160)
10    Sec. 160. Certification of record; costs. The Department
11shall not be required to certify any record to the court or
12file any answer in court or otherwise appear in a court in a
13judicial review proceeding, unless there is filed in the court,
14with the complaint, a receipt from the Department acknowledging
15payment of the costs of furnishing and certifying the record,
16which costs shall be determined by the Department. Exhibits
17shall be certified without cost. Failure on the part of the
18plaintiff to file a receipt in court shall be grounds for
19dismissal of the action.
20(Source: P.A. 92-449, eff. 1-1-02.)
21    (510 ILCS 72/165)
22    Sec. 165. Criminal penalties. An applicant, euthanasia
23agency or euthanasia technician who is found to have violated a
24provision of this Act is guilty of a Class A misdemeanor for



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1the first offense. On conviction of a second or subsequent
2offense, the violator shall be guilty of a Class 4 felony. The
3Department shall, for the purpose of criminal investigation and
4prosecution, refer alleged violations of this Act to (i) local
5law enforcement officials or the Illinois State Police and (ii)
6the State's Attorney of the county within which the violation
7occurred. The Department shall, for the purpose of criminal
8investigation and prosecution, refer alleged violations of the
9Humane Care for Animals Act to (i) local law enforcement
10officials or the Illinois State Police and (ii) the State's
11Attorney of the county within which the violation occurred.
12(Source: P.A. 96-780, eff. 8-28-09.)
13    (510 ILCS 72/170)
14    Sec. 170. Administrative Procedure Act. The Illinois
15Administrative Procedure Act is hereby expressly adopted and
16incorporated in this Act as if all of the provisions of that
17Act were included in this Act, except that the provision of
18subsection (d) of Section 10-65 of the Illinois Administrative
19Procedure Act, which provides that at hearings the certificate
20license holder has the right to show compliance with all lawful
21requirements for retention, continuation, or renewal of a
22certificate license, is specifically excluded. For the
23purposes of this Act, the notice required under Section 10-25
24of the Illinois Administrative Procedure Act is deemed
25sufficient when mailed to the last known address of record a



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2(Source: P.A. 92-449, eff. 1-1-02.)
3    (510 ILCS 72/190 new)
4    Sec. 190. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of an applicant, euthanasia agency, or euthanasia technician,
7including, but not limited to, any complaint against an
8applicant, euthanasia agency, or euthanasia technician filed
9with the Department and information collected to investigate
10any complaint shall be maintained for the confidential use of
11the Department and shall not be disclosed. The Department may
12not disclose the information to anyone other than law
13enforcement officials, other regulatory agencies that have an
14appropriate regulatory interest as determined by the
15Secretary, or to a party presenting a lawful subpoena to the
16Department. Information and documents disclosed to a federal,
17State, county, or local law enforcement agency shall not be
18disclosed by the Department for any purpose to any other entity
19or person. A formal complaint filed against an applicant,
20euthanasia agency, or euthanasia technician by the Department
21or any order issued by the Department against an applicant,
22euthanasia agency, or euthanasia technician shall be a public
23record, except as otherwise prohibited by law.