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093_SB0386ham001
LRB093 07650 AMC 14781 a
1 AMENDMENT TO SENATE BILL 386
2 AMENDMENT NO. . Amend Senate Bill 386 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Regulatory Sunset Act is amended by
5 changing Sections 4.14 and 4.24 as follows:
6 (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
7 Sec. 4.14. Acts repealed.
8 (a) The following Acts are repealed December 31, 2003:
9 The Private Detective, Private Alarm, and Private
10 Security Act of 1993.
11 The Illinois Occupational Therapy Practice Act.
12 (b) The following Acts are repealed January 1, 2004:
13 The Illinois Certified Shorthand Reporters Act of
14 1984.
15 The Veterinary Medicine and Surgery Practice Act of
16 1994.
17 (Source: P.A. 92-457, eff 8-21-01.)
18 (5 ILCS 80/4.24)
19 Sec. 4.24. Acts repealed on January 1, 2014. The
20 following Acts are repealed on January 1, 2014:
21 The Electrologist Licensing Act.
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1 The Illinois Public Accounting Act.
2 The Veterinary Medicine and Surgery Practice Act of 2004.
3 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
4 Section 10. The Environmental Health Practitioner
5 Licensing Act is amended by changing Section 16 as follows:
6 (225 ILCS 37/16)
7 (Section scheduled to be repealed on January 1, 2007)
8 Sec. 16. Exemptions. This Act does not prohibit or
9 restrict any of the following:
10 (1) A person performing the functions and duties of an
11 environmental health practitioner under the general
12 supervision of a licensed environmental health practitioner
13 or licensed professional engineer if that person (i) is not
14 responsible for the administration or supervision of one or
15 more employees engaged in an environmental health program,
16 (ii) establishes a method of verbal communication with the
17 licensed environmental health practitioner or licensed
18 professional engineer to whom they can refer and report
19 questions, problems, and emergency situations encountered in
20 environmental health practice, and (iii) has his or her
21 written reports reviewed monthly by a licensed environmental
22 health practitioner or licensed professional engineer.
23 (2) A person licensed in this State under any other Act
24 from engaging in the practice for which he or she is
25 licensed.
26 (3) A person working in laboratories licensed by,
27 registered with, or operated by the State of Illinois.
28 (4) A person employed by a State-licensed health care
29 facility who engages in the practice of environmental health
30 or whose job responsibilities include ensuring that the
31 environment in the health care facility is healthy and safe
32 for employees, patients, and visitors.
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1 (5) A person employed with the Illinois Department of
2 Agriculture who engages in meat and poultry inspections or
3 environmental inspections under the authority of the
4 Department of Agriculture.
5 (6) A person holding a degree of Doctor of Veterinary
6 Medicine and Surgery and licensed under the Veterinary
7 Medicine and Surgery Practice Act of 2004.
8 (Source: P.A. 92-837, eff. 8-22-02.)
9 Section 15. The Veterinary Medicine and Surgery Practice
10 Act of 1994 is amended by changing Sections 2, 3, 4, 5, 8,
11 8.1, 11, 12, 15, 24.1, and 25 and adding Section 25.19 as
12 follows:
13 (225 ILCS 115/2) (from Ch. 111, par. 7002)
14 (Section scheduled to be repealed on January 1, 2004)
15 Sec. 2. This Act may be cited as the Veterinary Medicine
16 and Surgery Practice Act of 20041994.
17 (Source: P.A. 88-424.)
18 (225 ILCS 115/3) (from Ch. 111, par. 7003)
19 (Section scheduled to be repealed on January 1, 2004)
20 Sec. 3. Definitions; unlicensed practice prohibited.
21 (a) The following terms have the meanings indicated, unless
22 the context requires otherwise:
23 "Accredited college of veterinary medicine" means a
24 veterinary college, school, or division of a university or
25 college that offers the degree of Doctor of Veterinary
26 Medicine or its equivalent and that is accredited by the
27 Council on Education of the American Veterinary Medical
28 Association.
29 "Animal" means any animal, vertebrate or invertebrate,
30 other than a human.
31 "Board" means the Veterinary Licensing and Disciplinary
-4- LRB093 07650 AMC 14781 a
1 Board.
2 "Certified veterinary technician" means a person who has
3 graduated from a veterinary technology program accredited by
4 the Committee on Veterinary Technician Education and
5 Activities of the American Veterinary Medical Association who
6 has filed an application with the Department, paid the fee,
7 passed the examination as prescribed by rule, and works under
8 a supervising veterinarian.
9 "Client" means an entity, person, group, or corporation
10 that has entered into an agreement with a veterinarian for
11 the purposes of obtaining veterinary medical services.
12 "Complementary, alternative, and integrative therapies"
13 means preventative, diagnostic, and therapeutic practices
14 that, at the time they are performed, may differ from current
15 scientific knowledge or for which the theoretical basis and
16 techniques may diverge from veterinary medicine routinely
17 taught in approved veterinary medical programs. This
18 includes but is not limited to veterinary acupuncture,
19 acutherapy, acupressure, veterinary homeopathy, veterinary
20 manual or manipulative therapy (i.e. therapies based on
21 techniques practiced in osteopathy, chiropractic medicine, or
22 physical medicine and therapy), veterinary nutraceutical
23 therapy, veterinary phytotherapy, or other therapies as
24 defined by rule.
25 "Consultation" means when a veterinarian receives advice
26 in person, telephonically, electronically, or by any other
27 method of communication from a veterinarian licensed in this
28 or any other state or other person whose expertise, in the
29 opinion of the veterinarian, would benefit a patient. Under
30 any circumstance, the responsibility for the welfare of the
31 patient remains with the veterinarian receiving consultation.
32 "Department" means the Department of Professional
33 Regulation.
34 "Direct supervision" means the supervising veterinarian
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1 is on the premises where the animal is being treated.
2 "Director" means the Director of Professional Regulation.
3 "Impaired veterinarian" means a veterinarian who is
4 unable to practice veterinary medicine with reasonable skill
5 and safety because of a physical or mental disability as
6 evidenced by a written determination or written consent based
7 on clinical evidence, including deterioration through the
8 aging process, loss of motor skills, or abuse of drugs or
9 alcohol of sufficient degree to diminish a person's ability
10 to deliver competent patient care.
11 "Indirect supervision" means the supervising veterinarian
12 need not be on the premises, but has given either written or
13 oral instructions for the treatment of the animal and is
14 available by telephone or other form of communication.
15 "Patient" means an animal that is examined or treated by
16 a veterinarian.
17 "Person" means an individual, firm, partnership (general,
18 limited, or limited liability), association, joint venture,
19 cooperative, corporation, limited liability company, or any
20 other group or combination acting in concert, whether or not
21 acting as a principal, partner, member, trustee, fiduciary,
22 receiver, or any other kind of legal or personal
23 representative, or as the successor in interest, assignee,
24 agent, factor, servant, employee, director, officer, or any
25 other representative of such person.
26 "Practice of veterinary medicine" means the performance
27 of one or more of the following:
28 (1) Directly or indirectly consulting, diagnosing,
29 prognosing, correcting, supervising, or recommending
30 treatment of an animal for the prevention, cure, or
31 relief of a wound, fracture, bodily injury, defect,
32 disease, or physical or mental condition by any method or
33 mode.
34 (2) Prescribing, dispensing, or administering a
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1 drug, medicine, biologic appliance, application, or
2 treatment of whatever nature.
3 (3) Performing upon an animal a surgical or dental
4 operation or a complementary, alternative, or integrative
5 veterinary medical procedure.
6 (4) Performing upon an animal any manual procedure
7 for the diagnoses or treatment of pregnancy, sterility,
8 or infertility.
9 (5) Determining the health and fitness of an
10 animal.
11 (6) Representing oneself, directly or indirectly,
12 as engaging in the practice of veterinary medicine.
13 (7) Using any word, letters, or title under such
14 circumstances as to induce the belief that the person
15 using them is qualified to engage in the practice of
16 veterinary medicine or any of its branches. Such use
17 shall be prima facie evidence of the intention to
18 represent oneself as engaging in the practice of
19 veterinary medicine.
20 "Supervising veterinarian" means a veterinarian who
21 assumes responsibility for the professional care given to an
22 animal by a person working under his or her direction. The
23 supervising veterinarian must have examined the animal at
24 such time as acceptable veterinary medical practices requires
25 consistent with the particular delegated animal health care
26 task.
27 "Veterinarian-client-patient relationship" means:
28 (1) The veterinarian has assumed the responsibility
29 for making clinical judgments regarding the health of an
30 animal and the need for medical treatment and the client,
31 owner, or other caretaker has agreed to follow the
32 instructions of the veterinarian;
33 (2) There is sufficient knowledge of an animal by
34 the veterinarian to initiate at least a general or
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1 preliminary diagnosis of the medical condition of the
2 animal. This means that the veterinarian has recently
3 seen and is personally acquainted with the keeping and
4 care of the animal by virtue of an examination of the
5 animal or by medically appropriate and timely visits to
6 the premises where the animal is kept; and
7 (3) The practicing veterinarian is readily
8 available for follow-up in case of adverse reactions or
9 failure of the regimen of therapy.
10 "Veterinary technology" means the performance of services
11 within the field of veterinary medicine by a person who, for
12 compensation or personal profit, is employed by a licensed
13 veterinarian to perform duties that require an understanding
14 of veterinary medicine necessary to carry out the orders of
15 the veterinarian. Those services, however, shall not include
16 diagnosing, prognosing, writing prescriptions, or surgery.
17 (A) "Department" means the Department of Professional
18 Regulation.
19 (B) "Board" means the Veterinary Licensing and
20 Disciplinary Board.
21 (C) "Director" means the Director of the Department of
22 Professional Regulation.
23 (D) "Veterinarian" means a person holding the degree of
24 Doctor of Veterinary Medicine and Surgery and licensed under
25 this Act.
26 (E) The practice of veterinary medicine and surgery
27 occurs when a person:
28 (1) Directly or indirectly diagnoses, prognoses,
29 treats, administers to, prescribes for, operates on,
30 manipulates or applies any apparatus or appliance for any
31 disease, pain, deformity, defect, injury, wound or
32 physical or mental condition of any animal or bird or for
33 the prevention of, or to test for the presence of any
34 disease of any animal or bird. The practice of
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1 veterinary medicine and surgery includes veterinarian
2 dentistry.
3 (2) Represents himself or herself as engaged in the
4 practice of veterinary medicine and surgery as defined in
5 paragraph (1) of this subsection, or uses any words,
6 letters or titles in such connection and under such
7 circumstances as to induce the belief that the person
8 using them is engaged in the practice of veterinary
9 medicine and surgery in any of its branches, or that such
10 person is a Doctor of Veterinary Medicine.
11 (F) "Animal" means any bird, fish, reptile, or mammal
12 other than man.
13 (G) "Veterinarian client - patient relationship" means:
14 (1) The veterinarian has assumed the responsibility
15 for making medical judgments regarding the health of an
16 animal and the need for medical treatment and the client,
17 owner, or other caretaker has agreed to follow the
18 instructions of the veterinarian.
19 (2) There is sufficient knowledge of an animal by
20 the veterinarian to initiate at least a general or
21 preliminary diagnosis of the medical condition of the
22 animal. This means that the veterinarian has recently
23 seen and is personally acquainted with the keeping and
24 care of the animal by virtue of an examination of the
25 animal or by medically appropriate and timely visits to
26 the premises where the animal is kept.
27 (3) The practicing veterinarian is readily
28 available for follow-up in case of adverse reactions or
29 failure of the regimen of therapy.
30 (b) Subject to the exemptions in Section 4 of this Act,
31 no person shall practice veterinary medicine and surgery in
32 any of its branches without a valid license to do so.
33 (Source: P.A. 90-655, eff. 7-30-98.)
-9- LRB093 07650 AMC 14781 a
1 (225 ILCS 115/4) (from Ch. 111, par. 7004)
2 (Section scheduled to be repealed on January 1, 2004)
3 Sec. 4. Exemptions. Nothing in this Act shall apply to
4 any of the following:
5 (1) Veterinarians employed by the federal or State
6 governmentFederal Government while actually engaged in
7 their official duties.
8 (2) Licensed veterinarians from other states who
9 are invited to Illinois for consultation or lecturing.
10 (3) Veterinarians employed by colleges or
11 universities or by state agencies, while engaged in the
12 performance of their official duties, or faculty engaged
13 in animal husbandry or animal management programs of
14 colleges or universities.
15 (4) A veterinarian employed by an accredited
16 college of veterinary medicine providing assistance
17 requested by a veterinarian licensed in Illinois, acting
18 with informed consent from the client and acting under
19 the direct or indirect supervision and control of the
20 licensed veterinarian. Providing assistance involves
21 hands-on active participation in the treatment and care
22 of the patient. The licensed veterinarian shall maintain
23 responsibility for the veterinarian-client-patient
24 relationship.
25 (5)(4) Veterinary students in an accredited
26 approved college, university, department of a university,
27 or other institution of veterinary medicine and surgery
28 engaged inwhile in the performance of duties assigned by
29 their instructors.
30 (6)(5) Any person engaged in bona fide scientific
31 research which requires the use of animals.
32 (7) An owner of livestock and any of the owner's
33 employees or the owner and employees of a service and
34 care provider of livestock caring for and treating
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1 livestock belonging to the owner or under a provider's
2 care, including but not limited to, the performance of
3 husbandry and livestock management practices such as
4 dehorning, castration, emasculation, or docking of
5 cattle, horses, sheep, goats, and swine, artificial
6 insemination, and drawing of semen. Nor shall this Act be
7 construed to prohibit any person from administering in a
8 humane manner medicinal or surgical treatment to any
9 livestock in the care of such person. However, any such
10 services shall comply with the Humane Care for Animals
11 Act.
12 (8) An owner of a companion animal caring for and
13 treating an animal belonging to such owner. Such
14 services shall comply with the Humane Care for Animals
15 Act.
16 (9) A member in good standing of another licensed
17 or regulated profession within any state or a member of
18 an organization or group approved by the Department by
19 rule providing assistance requested by a veterinarian
20 licensed in this State acting with informed consent from
21 the client and acting under the direct or indirect
22 supervision and control of the licensed veterinarian.
23 Providing assistance involves hands-on active
24 participation in the treatment and care of the patient,
25 as defined by rule. The licensed veterinarian shall
26 maintain responsibility for the
27 veterinarian-client-patient relationship.
28 (10) A graduate of a non-accredited college of
29 veterinary medicine who is in the process of obtaining a
30 certificate of educational equivalence and is performing
31 duties or actions assigned by instructors in an approved
32 college of veterinary medicine.
33 (11) A certified euthanasia technician who is
34 authorized to perform euthanasia in the course and scope
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1 of his or her employment.
2 (12) A person who, without expectation of
3 compensation, provides emergency veterinary care in an
4 emergency or disaster situation so long as he or she does
5 not represent himself or herself as a veterinarian or use
6 a title or degree pertaining to the practice of
7 veterinary medicine and surgery.
8 (13) An employee of a licensed veterinarian
9 performing duties other than diagnosis, prognosis,
10 prescription, or surgery under the direction and
11 supervision of the veterinarian, who shall be responsible
12 for the performance of the employee.
13 (14) An approved humane investigator regulated
14 under the Humane Care for Animals Act or employee of a
15 shelter licensed under the Animal Welfare Act, working
16 under the indirect supervision of a licensed
17 veterinarian.
18 (15) Private treaty sale of animals unless
19 otherwise provided by law.(6) The dehorning,
20 castration, emasculation or docking of cattle, horses,
21 sheep, goats and swine in the course or exchange of work
22 for which no monetary compensation is paid or to
23 artificial insemination and the drawing of semen. Nor
24 shall this Act be construed to prohibit any person from
25 administering, in a humane manner, medicinal or surgical
26 treatment to any animal belonging to such person, unless
27 title has been transferred for the purpose of
28 circumventing this Act. However, any such services shall
29 comply with the Humane Care for Animals Act.
30 (7) Members of other licensed professions or any
31 other individuals when called for consultation and
32 assistance by a veterinarian licensed in the State of
33 Illinois and who act under the supervision, direction,
34 and control of the veterinarian, as further defined by
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1 rule of the Department.
2 (8) Certified euthanasia technicians.
3 (Source: P.A. 92-449, eff. 1-1-02.)
4 (225 ILCS 115/5) (from Ch. 111, par. 7005)
5 (Section scheduled to be repealed on January 1, 2004)
6 Sec. 5. No person shall practice veterinary medicine and
7 surgery in any of its branches without a valid license to do
8 so. Any person not licensed under this Act who performs any
9 of the functions described as the practice of veterinary
10 medicine or surgery as defined in this Act, who announces to
11 the public in any way an intention to practice veterinary
12 medicine and surgery, who uses the title Doctor of Veterinary
13 Medicine or the initials D.V.M. or V.M.D., or who opens an
14 office, hospital, or clinic for such purposes is considered
15 to have violated this Act and may be subject to all the
16 penalties provided for such violations.
17 It shall be unlawful for any person who is not licensed
18 in this State to provide veterinary medical services from any
19 state to a client or patient in this State through
20 telephonic, electronic, or other means, except where a
21 bonafide veterinarian-client-patient relationship exists.
22 Nothing in this Act shall be construed to prevent members
23 of other professions from performing functions for which they
24 are duly licensed. Other professionals may not, however,
25 hold themselves out or refer to themselves by any title or
26 descriptions stating or implying that they are engaged in the
27 practice of veterinary medicine or that they are licensed to
28 engage in the practice of veterinary medicine.
29 (Source: P.A. 83-1016.)
30 (225 ILCS 115/8) (from Ch. 111, par. 7008)
31 (Section scheduled to be repealed on January 1, 2004)
32 Sec. 8. Qualifications. A person is qualified to receive
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1 a license if he or she: (1) is of good moral character; (2)
2 has graduated from an accredited college or school of
3 veterinary medicinehas received at least 2 years of
4 preveterinary collegiate training; (3) has graduated from a
5 veterinary school that requires for graduation a 4-year, or
6 equivalent, course in veterinary medicine and surgery
7 approved by the Department; and (3)(4) has passed the
8 examination authorized by the Department to determine fitness
9 to hold a license.
10 Applicants for licensure from non-accredited veterinary
11 schools are required to successfully complete a program of
12 educational equivalency as established by rule. At a
13 minimum, this program shall include all of the following:
14 (1) A certified transcript indicating graduation
15 from such college.
16 (2) Successful completion of a communication
17 ability examination designed to assess communication
18 skills, including a command of the English language.
19 (3) Successful completion of an examination or
20 assessment mechanism designed to evaluate educational
21 equivalence, including both preclinical and clinical
22 competencies.
23 (4) Any other reasonable assessment mechanism
24 designed to ensure an applicant possesses the educational
25 background necessary to protect the public health and
26 safety.
27 Successful completion of the criteria set forth in this
28 Section shall establish education equivalence as one of the
29 criteria for licensure set forth in this Act. Applicants
30 under this Section must also meet all other statutory
31 criteria for licensure prior to the issuance of any such
32 license, including graduation from veterinary school.
33 A graduate of a non-approved veterinary school who was
34 issued a work permit by the Department before the effective
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1 date of this amendatory Act of the 93rd General Assembly may
2 continue to work under the direct supervision of a licensed
3 veterinarian until the expiration of his or her permit.
4 With respect to graduates of unapproved veterinary
5 programs, the Department shall determine if such programs
6 meet standards equivalent to those set forth in clauses (2),
7 (3), and (4) of Section 9 of this Act.
8 Graduates of non-approved veterinary schools are required
9 to pass a proficiency examination specified by the Department
10 or to provide one year of evaluated clinical experience as an
11 employee of a licensed veterinarian. Prior to hiring such
12 person, the licensed veterinarian shall notify the Board, in
13 writing, and shall employ such persons only upon the written
14 approval of the Board. Such approval shall be for one year
15 only and is not renewable. Such clinical employees shall
16 treat animals only under the direct supervision of the
17 licensed veterinarian.
18 In determining moral character under this Section, the
19 Department may take into consideration any felony conviction
20 of the applicant, but such a conviction shall not operate as
21 a bar to obtaining a license. The Department may also
22 request the applicant to submit and may consider as evidence
23 of moral character, endorsements from 2 individuals licensed
24 under this Act.
25 (Source: P.A. 89-387, eff. 8-20-95; 90-52, eff. 7-3-97.)
26 (225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
27 (Section scheduled to be repealed on January 1, 2004)
28 Sec. 8.1. Certified veterinary technician. "Certified
29 veterinary technician" means a person who has graduated from
30 a veterinary technology program accredited by the American
31 Veterinary Medical Association who has filed an application
32 with the Department, paid the fee, and passed the examination
33 as prescribed by rule. Veterinary technology is defined as
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1 the performance of services within the field of veterinary
2 medicine by a person who for compensation or personal profit,
3 is employed by a licensed veterinarian to perform duties that
4 require an understanding of veterinary medicine as required
5 in carrying out the orders of the veterinarian. However,
6 those services shall not include diagnosing, prognosing,
7 writing prescriptions, or surgery. A person who is a
8 certified as a veterinary technician who performs veterinary
9 technology contrary to this Act is guilty of a Class A
10 misdemeanor and shall be subject to the revocation of his or
11 her certificate. However, these penalties and restrictions
12 shall not apply to a student while performing activities
13 required as a part of his or her training.
14 The Department and the Board are authorized to hold
15 hearings, reprimand, suspend, revoke, or refuse to issue or
16 renew a certificate and to perform any other acts that may be
17 necessary to regulate certified veterinary technicians in a
18 manner consistent with the provisions of the Act applicable
19 to veterinarians.
20 The title "Certified veterinary technician" and the
21 initials "CVT" may only be used by persons certified by the
22 Department. A person who uses these titles without the
23 certification as provided in this Section is guilty of a
24 Class A misdemeanor.
25 Certified veterinary technicians shall be required to
26 complete continuing education as prescribed by rule to renew
27 their certification.
28 (Source: P.A. 88-91; 88-424; 88-670, eff. 12-2-94.)
29 (225 ILCS 115/11) (from Ch. 111, par. 7011)
30 (Section scheduled to be repealed on January 1, 2004)
31 Sec. 11. Temporary permits. A person holding the degree
32 of Doctor of Veterinary Medicine, or its equivalent, from an
33 accredited college of veterinary medicineapproved veterinary
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1 program, and who has applied in writing to the Department for
2 a license to practice veterinary medicine and surgery in any
3 of its branches, and who has fulfilled the requirements of
4 Section 8 of this Act, with the exception of receipt of
5 notification of his or her examination results, may receive,
6 at the discretion of the Department, a temporary permit to
7 practice under the direct supervision of a specified
8 veterinarian who is licensed in this State, until: (1) the
9 applicant has been notified of the results of the examination
10 authorized by the Department; or (2) the applicant has
11 withdrawn his or her application.
12 A temporary permit may be issued by the Department to a
13 person who is a veterinarian licensed under the laws of
14 another state, a territory of the United States, or a foreign
15 country, upon application in writing to the Department for a
16 license under this Act if he or she is qualified to receive a
17 license and until: (1) the expiration of 6 months after the
18 filing of the written application, (2) the withdrawal of the
19 application or (3) the denial of the application by the
20 Department.
21 A temporary permit issued under this Section shall not be
22 extended or renewed. The holder of a temporary permit shall
23 perform only those acts that may be prescribed by and
24 incidental to his or her employment and that act shall be
25 performed under the direction of a supervisingspecified
26 licensed veterinarian who is licensed in this State. The
27 holder of the temporary permitHe shall not be entitled to
28 otherwise engage in the practice of veterinary medicine until
29 fully licensed in this State.
30 Upon the revocation of a temporary permit, the Department
31 shall immediately notify, by certified mail, the supervising
32 specified veterinarian employing the holder of a temporary
33 permit and the holder of the permit. A temporary permit
34 shall be revoked by the Department upon proof that the holder
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1 of the permit has engaged in the practice of veterinary
2 medicine in this State outside his or her employment under a
3 licensed veterinarian.
4 (Source: P.A. 90-655, eff. 7-30-98.)
5 (225 ILCS 115/12) (from Ch. 111, par. 7012)
6 (Section scheduled to be repealed on January 1, 2004)
7 Sec. 12. Inactive status. Any veterinarian or certified
8 veterinary technician who notifies the Department in writing
9 on the prescribed form may place his or her license or
10 certification on an inactive status and shall, subject to
11 rule, be exempt from payment of the renewal fee and
12 compliance with the continuing education requirements until
13 he or she notifies the Department in writing of his or her
14 intention to resume active status.
15 Any veterinarian or certified veterinary technician
16 requesting restoration from inactive status shall be required
17 to complete the continuing education requirements for a
18 single license or certificate renewal period, pursuant to
19 rule, and pay the current renewal fee to restore his or her
20 license or certification as provided in this Act.
21 Any veterinarian whose license is in inactive status
22 shall not practice veterinary medicine and surgery in this
23 State.
24 A graduate of a non-approved veterinary school who was
25 issued a work permit by the Department before the effective
26 date of this amendatory Act of the 93rd General Assembly may
27 continue to work under the direct supervision of a licensed
28 veterinarian until the expiration of his or her permit.
29 (Source: P.A. 88-424.)
30 (225 ILCS 115/15) (from Ch. 111, par. 7015)
31 (Section scheduled to be repealed on January 1, 2004)
32 Sec. 15. Expiration and renewal of license. The
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1 expiration date and renewal period for each license or
2 certificate shall be set by rule. A veterinarian or
3 certified veterinary technician whose license or certificate
4 has expired may reinstate his or her license or certificate
5 at any time within 5 years after the expiration thereof, by
6 making a renewal application and by paying the required fee
7 and submitting proof of the required continuing education.
8 However, any veterinarian or certified veterinary technician
9 whose license or certificate expired while he or she was (1)
10 on active duty with the Armed Forces of the United States or
11 called into service or training by the State militia or (2)
12 in training or education under the supervision of the United
13 States preliminary to induction into the military service,
14 may have his license or certificate renewed, reinstated, or
15 restored without paying any lapsed renewal fees if within 2
16 years after termination of the service, training, or
17 education the veterinarian furnishes the Department with
18 satisfactory evidence of service, training, or education and
19 it has been terminated under honorable conditions.
20 Any veterinarian or certified veterinary technician whose
21 license or certificate has expired for more than 5 years may
22 have it restored by making application to the Department and
23 filing acceptable proof of fitness to have the license or
24 certificate restored. The proof may include sworn evidence
25 certifying active practice in another jurisdiction. The
26 veterinarian or certified veterinary technician shall also
27 pay the required restoration fee and submit proof of the
28 required continuing education. If the veterinarian or
29 certified veterinary technician has not practiced for 5 years
30 or more, the Board shall determine by an evaluation program
31 established by rule, whether the individual is fit to resume
32 active status and may require the veterinarian to complete a
33 period of evaluated clinical experience and may require
34 successful completion of a clinical examination.
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1 (Source: P.A. 92-84, eff. 7-1-02.)
2 (225 ILCS 115/24.1)
3 (Section scheduled to be repealed on January 1, 2004)
4 Sec. 24.1. Impaired veterinarians. "Impaired
5 veterinarian" means a veterinarian who is unable to practice
6 veterinary medicine with reasonable skill and safety because
7 of a physical or mental disability as evidenced by a written
8 determination or written consent based on clinical evidence,
9 including deterioration through the aging process, loss of
10 motor skills, or abuse of drugs or alcohol of sufficient
11 degree to diminish a person's ability to deliver competent
12 patient care. The Department shall establish by rule a
13 program of care, counseling, or treatment for the impaired
14 veterinariansveterinarian.
15 "Program of care, counseling, or treatment" means a
16 written schedule of organized treatment, care, counseling,
17 activities, or education satisfactory to the Board, designed
18 for the purpose of restoring an impaired person to a
19 condition whereby the impaired person can practice veterinary
20 medicine with reasonable skill and safety of a sufficient
21 degree to deliver competent patient care.
22 (Source: P.A. 88-424.)
23 (225 ILCS 115/25) (from Ch. 111, par. 7025)
24 (Section scheduled to be repealed on January 1, 2004)
25 Sec. 25. Disciplinary actions.
26 1. The Department may refuse to issue or renew, or may
27 revoke, suspend, place on probation, reprimand, or take other
28 disciplinary action as the Department may deem appropriate,
29 including fines not to exceed $1,000 for each violation, with
30 regard to any license or certificate for any one or
31 combination of the following:
32 A. Material misstatement in furnishing information
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1 to the Department.
2 B. Violations of this Act, or of the rules
3 promulgated under this Act.
4 C. Conviction of any crime under the laws of the
5 United States or any state or territory of the United
6 States that is a felony or that is a misdemeanor, an
7 essential element of which is dishonesty, or of any
8 crime that is directly related to the practice of the
9 profession.
10 D. Making any misrepresentation for the purpose of
11 obtaining licensure or certification, or violating any
12 provision of this Act or the rules promulgated under this
13 Act pertaining to advertising.
14 E. Professional incompetence.
15 F. Gross malpractice.
16 G. Aiding or assisting another person in violating
17 any provision of this Act or rules.
18 H. Failing, within 60 days, to provide information
19 in response to a written request made by the Department.
20 I. Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public.
23 J. Habitual or excessive use or addiction to
24 alcohol, narcotics, stimulants, or any other chemical
25 agent or drug that results in the inability to practice
26 with reasonable judgment, skill, or safety.
27 K. Discipline by another state, District of
28 Columbia, territory, or foreign nation, if at least one
29 of the grounds for the discipline is the same or
30 substantially equivalent to those set forth herein.
31 L. Directly or indirectly giving to or receiving
32 from any person, firm, corporation, partnership or
33 association any fee, commission, rebate or other form of
34 compensation for professional services not actually or
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1 personally rendered.
2 M. A finding by the Board that the licensee or
3 certificate holder, after having his license or
4 certificate placed on probationary status, has violated
5 the terms of probation.
6 N. Willfully making or filing false records or
7 reports in his practice, including but not limited to
8 false records filed with State agencies or departments.
9 O. Physical illness, including but not limited to,
10 deterioration through the aging process, or loss of motor
11 skill which results in the inability to practice the
12 profession with reasonable judgement, skill or safety.
13 P. Solicitation of professional services other than
14 permitted advertising.
15 Q. Having professional connection with or lending
16 one's name, directly or indirectly, to any illegal
17 practitioner of veterinary medicine and surgery and the
18 various branches thereof.
19 R. Conviction of or cash compromise of a charge or
20 violation of the Harrison Act or the Illinois Controlled
21 Substances Act, regulating narcotics.
22 S. Fraud or dishonesty in applying, treating, or
23 reporting on tuberculin or other biological tests.
24 T. Failing to report, as required by law, or making
25 false report of any contagious or infectious diseases.
26 U. Fraudulent use or misuse of any health
27 certificate, shipping certificate, brand inspection
28 certificate, or other blank forms used in practice that
29 might lead to the dissemination of disease or the
30 transportation of diseased animals dead or alive; or
31 dilatory methods, willful neglect, or misrepresentation
32 in the inspection of milk, meat, poultry, and the
33 by-products thereof.
34 V. Conviction on a charge of cruelty to animals.
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1 W. Failure to keep one's premises and all equipment
2 therein in a clean and sanitary condition.
3 X. Failure to provide satisfactory proof of having
4 participated in approved continuing education programs.
5 Y. Failure to (i) file a return, (ii) pay the tax,
6 penalty, or interest shown in a filed return, or (iii)
7 pay any final assessment of tax, penalty, or interest, as
8 required by any tax Act administered by the Illinois
9 Department of Revenue, until the requirements of that tax
10 Act are satisfied.
11 Z. Conviction by any court of competent
12 jurisdiction, either within or outside this State, of any
13 violation of any law governing the practice of veterinary
14 medicine, if the Department determines, after
15 investigation, that the person has not been sufficiently
16 rehabilitated to warrant the public trust.
17 AA. Promotion of the sale of drugs, devices,
18 appliances, or goods provided for a patient in any manner
19 to exploit the client for financial gain of the
20 veterinarian.
21 BB. Gross, willful, or continued overcharging for
22 professional services, including filing false statements
23 for collection of fees for which services are not
24 rendered.
25 CC. Practicing under a false or, except as provided
26 by law, an assumed name.
27 DD. Fraud or misrepresentation in applying for, or
28 procuring, a license under this Act or in connection with
29 applying for renewal of a license under this Act.
30 EE. Cheating on or attempting to subvert the
31 licensing examination administered under this Act.
32 FF. Using, prescribing, or selling a prescription
33 drug or the extra-label use of a prescription drug by any
34 means in the absence of a valid
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1 veterinarian-client-patient relationship.
2 GG. Failing to report a case of suspected
3 aggravated cruelty, torture, or animal fighting pursuant
4 to Section 3.07 or 4.01 of the Humane Care for Animals
5 Act or Section 26-5 of the Criminal Code of 1961.
6 2. The determination by a circuit court that a licensee
7 or certificate holder is subject to involuntary admission or
8 judicial admission as provided in the Mental Health and
9 Developmental Disabilities Code operates as an automatic
10 suspension. The suspension will end only upon a finding by
11 a court that the patient is no longer subject to involuntary
12 admission or judicial admission and issues an order so
13 finding and discharging the patient; and upon the
14 recommendation of the Board to the Director that the licensee
15 or certificate holder be allowed to resume his practice.
16 3. All proceedings to suspend, revoke, place on
17 probationary status, or take any other disciplinary action as
18 the Department may deem proper, with regard to a license or
19 certificate on any of the foregoing grounds, must be
20 commenced within 3 years after receipt by the Department of a
21 complaint alleging the commission of or notice of the
22 conviction order for any of the acts described in this
23 Section. Except for proceedings brought for violations of
24 items (CC), (DD), or (EE), no action shall be commenced more
25 than 5 years after the date of the incident or act alleged to
26 have violated this Section. In the event of the settlement
27 of any claim or cause of action in favor of the claimant or
28 the reduction to final judgment of any civil action in favor
29 of the plaintiff, the claim, cause of action, or civil action
30 being grounded on the allegation that a person licensed or
31 certified under this Act was negligent in providing care, the
32 Department shall have an additional period of one year from
33 the date of the settlement or final judgment in which to
34 investigate and begin formal disciplinary proceedings under
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1 Section 25.2 of this Act, except as otherwise provided by
2 law. The time during which the holder of the license or
3 certificate was outside the State of Illinois shall not be
4 included within any period of time limiting the commencement
5 of disciplinary action by the Department.
6 4. The Department may refuse to issue or take
7 disciplinary action concerning the license of any person who
8 fails to file a return, to pay the tax, penalty, or interest
9 shown in a filed return, or to pay any final assessment of
10 tax, penalty, or interest as required by any tax Act
11 administered by the Department of Revenue, until such time as
12 the requirements of any such tax Act are satisfied as
13 determined by the Department of Revenue.
14 5. In enforcing this Section, the Board, upon a showing
15 of a possible violation, may compel a licensee or applicant
16 to submit to a mental or physical examination, or both, as
17 required by and at the expense of the Department. The
18 examining physicians or clinical psychologists shall be those
19 specifically designated by the Board. The Board or the
20 Department may order (i) the examining physician to present
21 testimony concerning the mental or physical examination of a
22 licensee or applicant or (ii) the examining clinical
23 psychologist to present testimony concerning the mental
24 examination of a licensee or applicant. No information shall
25 be excluded by reason of any common law or statutory
26 privilege relating to communications between a licensee or
27 applicant and the examining physician or clinical
28 psychologist. An individual to be examined may have, at his
29 or her own expense, another physician or clinical
30 psychologist of his or her choice present during all aspects
31 of the examination. Failure of an individual to submit to a
32 mental or physical examination, when directed, is grounds for
33 suspension of his or her license. The license must remain
34 suspended until the person submits to the examination or the
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1 Board finds, after notice and hearing, that the refusal to
2 submit to the examination was with reasonable cause.
3 If the Board finds an individual unable to practice
4 because of the reasons set forth in this Section, the Board
5 must require the individual to submit to care, counseling, or
6 treatment by a physician or clinical psychologist approved by
7 the Board, as a condition, term, or restriction for
8 continued, reinstated, or renewed licensure to practice. In
9 lieu of care, counseling, or treatment, the Board may
10 recommend that the Department file a complaint to immediately
11 suspend or revoke the license of the individual or otherwise
12 discipline the licensee.
13 Any individual whose license was granted, continued,
14 reinstated, or renewed subject to conditions, terms, or
15 restrictions, as provided for in this Section, or any
16 individual who was disciplined or placed on supervision
17 pursuant to this Section must be referred to the Director for
18 a determination as to whether the person shall have his or
19 her license suspended immediately, pending a hearing by the
20 Board.
21 (Source: P.A. 88-424.)
22 (225 ILCS 115/25.19 new)
23 (Section scheduled to be repealed on January 1, 2004)
24 Sec. 25.19. Mandatory reporting. Nothing in this Act
25 exempts a licensee from the mandatory reporting requirements
26 regarding suspected acts of aggravated cruelty, torture, and
27 animal fighting imposed under Sections 3.07 and 4.01 of the
28 Humane Care for Animals Act and Section 26-5 of the Criminal
29 Code of 1961.
30 (225 ILCS 115/9 rep.)
31 Section 18. The Veterinary Medicine and Surgery Practice
32 Act of 1994 is amended by repealing Section 9.
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1 Section 20. The Animal Welfare Act is amended by
2 changing Section 2 as follows:
3 (225 ILCS 605/2) (from Ch. 8, par. 302)
4 Sec. 2. Definitions. As used in this Act unless the
5 context otherwise requires:
6 "Department" means the Illinois Department of
7 Agriculture.
8 "Director" means the Director of the Illinois Department
9 of Agriculture.
10 "Pet shop operator" means any person who sells, offers to
11 sell, exchange, or offers for adoption with or without charge
12 or donation dogs, cats, birds, fish, reptiles, or other
13 animals customarily obtained as pets in this State. However,
14 a person who sells only such animals that he has produced and
15 raised shall not be considered a pet shop operator under this
16 Act, and a veterinary hospital or clinic operated by a
17 veterinarian or veterinarians licensed under the Veterinary
18 Medicine and Surgery Practice Act of 20041994 shall not be
19 considered a pet shop operator under this Act.
20 "Dog dealer" means any person who sells, offers to sell,
21 exchange, or offers for adoption with or without charge or
22 donation dogs in this State. However, a person who sells only
23 dogs that he has produced and raised shall not be considered
24 a dog dealer under this Act, and a veterinary hospital or
25 clinic operated by a veterinarian or veterinarians licensed
26 under the Veterinary Medicine and Surgery Practice Act of
27 20041994 shall not be considered a dog dealer under this
28 Act.
29 "Secretary of Agriculture" or "Secretary" means the
30 Secretary of Agriculture of the United States Department of
31 Agriculture.
32 "Person" means any person, firm, corporation,
33 partnership, association or other legal entity, any public or
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1 private institution, the State of Illinois, or any municipal
2 corporation or political subdivision of the State.
3 "Kennel operator" means any person who operates an
4 establishment, other than an animal control facility,
5 veterinary hospital, or animal shelter, where dogs or dogs
6 and cats are maintained for boarding, training or similar
7 purposes for a fee or compensation; or who sells, offers to
8 sell, exchange, or offers for adoption with or without charge
9 dogs or dogs and cats which he has produced and raised. A
10 person who owns, has possession of, or harbors 5 or less
11 females capable of reproduction shall not be considered a
12 kennel operator.
13 "Cattery operator" means any person who operates an
14 establishment, other than an animal control facility or
15 animal shelter, where cats are maintained for boarding,
16 training or similar purposes for a fee or compensation; or
17 who sells, offers to sell, exchange, or offers for adoption
18 with or without charges cats which he has produced and
19 raised. A person who owns, has possession of, or harbors 5
20 or less females capable of reproduction shall not be
21 considered a cattery operator.
22 "Animal control facility" means any facility operated by
23 or under contract for the State, county, or any municipal
24 corporation or political subdivision of the State for the
25 purpose of impounding or harboring seized, stray, homeless,
26 abandoned or unwanted dogs, cats, and other animals. "Animal
27 control facility" also means any veterinary hospital or
28 clinic operated by a veterinarian or veterinarians licensed
29 under the Veterinary Medicine and Surgery Practice Act of
30 20041994 which operates for the above mentioned purpose in
31 addition to its customary purposes.
32 "Animal shelter" means a facility operated, owned, or
33 maintained by a duly incorporated humane society, animal
34 welfare society, or other non-profit organization for the
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1 purpose of providing for and promoting the welfare,
2 protection, and humane treatment of animals. "Animal
3 shelter" also means any veterinary hospital or clinic
4 operated by a veterinarian or veterinarians licensed under
5 the Veterinary Medicine and Surgery Practice Act of 20041994
6 which operates for the above mentioned purpose in addition to
7 its customary purposes.
8 "Foster home" means an entity that accepts the
9 responsibility for stewardship of animals that are the
10 obligation of an animal shelter, not to exceed 4 animals at
11 any given time. Permits to operate as a "foster home" shall
12 be issued through the animal shelter.
13 "Guard dog service" means an entity that, for a fee,
14 furnishes or leases guard or sentry dogs for the protection
15 of life or property. A person is not a guard dog service
16 solely because he or she owns a dog and uses it to guard his
17 or her home, business, or farmland.
18 "Guard dog" means a type of dog used primarily for the
19 purpose of defending, patrolling, or protecting property or
20 life at a commercial establishment other than a farm. "Guard
21 dog" does not include stock dogs used primarily for handling
22 and controlling livestock or farm animals, nor does it
23 include personally owned pets that also provide security.
24 "Sentry dog" means a dog trained to work without
25 supervision in a fenced facility other than a farm, and to
26 deter or detain unauthorized persons found within the
27 facility.
28 (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97;
29 90-403, eff. 8-15-97.)
30 Section 25. The Elder Abuse and Neglect Act is amended
31 by changing Section 2 as follows:
32 (320 ILCS 20/2) (from Ch. 23, par. 6602)
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1 Sec. 2. Definitions. As used in this Act, unless the
2 context requires otherwise:
3 (a) "Abuse" means causing any physical, mental or sexual
4 injury to an eligible adult, including exploitation of such
5 adult's financial resources.
6 Nothing in this Act shall be construed to mean that an
7 eligible adult is a victim of abuse or neglect for the sole
8 reason that he or she is being furnished with or relies upon
9 treatment by spiritual means through prayer alone, in
10 accordance with the tenets and practices of a recognized
11 church or religious denomination.
12 Nothing in this Act shall be construed to mean that an
13 eligible adult is a victim of abuse because of health care
14 services provided or not provided by licensed health care
15 professionals.
16 (a-5) "Abuser" means a person who abuses, neglects, or
17 financially exploits an eligible adult.
18 (a-7) "Caregiver" means a person who either as a result
19 of a family relationship, voluntarily, or in exchange for
20 compensation has assumed responsibility for all or a portion
21 of the care of an eligible adult who needs assistance with
22 activities of daily living.
23 (b) "Department" means the Department on Aging of the
24 State of Illinois.
25 (c) "Director" means the Director of the Department.
26 (d) "Domestic living situation" means a residence where
27 the eligible adult lives alone or with his or her family or a
28 caregiver, or others, or a board and care home or other
29 community-based unlicensed facility, but is not:
30 (1) A licensed facility as defined in Section 1-113
31 of the Nursing Home Care Act;
32 (2) A "life care facility" as defined in the Life
33 Care Facilities Act;
34 (3) A home, institution, or other place operated by
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1 the federal government or agency thereof or by the State
2 of Illinois;
3 (4) A hospital, sanitarium, or other institution,
4 the principal activity or business of which is the
5 diagnosis, care, and treatment of human illness through
6 the maintenance and operation of organized facilities
7 therefor, which is required to be licensed under the
8 Hospital Licensing Act;
9 (5) A "community living facility" as defined in the
10 Community Living Facilities Licensing Act;
11 (6) A "community residential alternative" as
12 defined in the Community Residential Alternatives
13 Licensing Act; and
14 (7) A "community-integrated living arrangement" as
15 defined in the Community-Integrated Living Arrangements
16 Licensure and Certification Act.
17 (e) "Eligible adult" means a person 60 years of age or
18 older who resides in a domestic living situation and is, or
19 is alleged to be, abused, neglected, or financially exploited
20 by another individual.
21 (f) "Emergency" means a situation in which an eligible
22 adult is living in conditions presenting a risk of death or
23 physical, mental or sexual injury and the provider agency has
24 reason to believe the eligible adult is unable to consent to
25 services which would alleviate that risk.
26 (f-5) "Mandated reporter" means any of the following
27 persons while engaged in carrying out their professional
28 duties:
29 (1) a professional or professional's delegate while
30 engaged in: (i) social services, (ii) law enforcement,
31 (iii) education, (iv) the care of an eligible adult or
32 eligible adults, or (v) any of the occupations required
33 to be licensed under the Clinical Psychologist Licensing
34 Act, the Clinical Social Work and Social Work Practice
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1 Act, the Illinois Dental Practice Act, the Dietetic and
2 Nutrition Services Practice Act, the Marriage and Family
3 Therapy Licensing Act, the Medical Practice Act of 1987,
4 the Naprapathic Practice Act, the Nursing and Advanced
5 Practice Nursing Act, the Nursing Home Administrators
6 Licensing and Disciplinary Act, the Illinois Occupational
7 Therapy Practice Act, the Illinois Optometric Practice
8 Act of 1987, the Pharmacy Practice Act of 1987, the
9 Illinois Physical Therapy Act, the Physician Assistant
10 Practice Act of 1987, the Podiatric Medical Practice Act
11 of 1987, the Respiratory Care Practice Act, the
12 Professional Counselor and Clinical Professional
13 Counselor Licensing Act, the Illinois Speech-Language
14 Pathology and Audiology Practice Act, the Veterinary
15 Medicine and Surgery Practice Act of 20041994, and the
16 Illinois Public Accounting Act;
17 (2) an employee of a vocational rehabilitation
18 facility prescribed or supervised by the Department of
19 Human Services;
20 (3) an administrator, employee, or person providing
21 services in or through an unlicensed community based
22 facility;
23 (4) a Christian Science Practitioner;
24 (5) field personnel of the Department of Public
25 Aid, Department of Public Health, and Department of Human
26 Services, and any county or municipal health department;
27 (6) personnel of the Department of Human Services,
28 the Guardianship and Advocacy Commission, the State Fire
29 Marshal, local fire departments, the Department on Aging
30 and its subsidiary Area Agencies on Aging and provider
31 agencies, and the Office of State Long Term Care
32 Ombudsman;
33 (7) any employee of the State of Illinois not
34 otherwise specified herein who is involved in providing
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1 services to eligible adults, including professionals
2 providing medical or rehabilitation services and all
3 other persons having direct contact with eligible adults;
4 or
5 (8) a person who performs the duties of a coroner
6 or medical examiner.
7 (g) "Neglect" means another individual's failure to
8 provide an eligible adult with or willful withholding from an
9 eligible adult the necessities of life including, but not
10 limited to, food, clothing, shelter or medical care. This
11 subsection does not create any new affirmative duty to
12 provide support to eligible adults. Nothing in this Act
13 shall be construed to mean that an eligible adult is a victim
14 of neglect because of health care services provided or not
15 provided by licensed health care professionals.
16 (h) "Provider agency" means any public or nonprofit
17 agency in a planning and service area appointed by the
18 regional administrative agency with prior approval by the
19 Department on Aging to receive and assess reports of alleged
20 or suspected abuse, neglect, or financial exploitation.
21 (i) "Regional administrative agency" means any public or
22 nonprofit agency in a planning and service area so designated
23 by the Department, provided that the designated Area Agency
24 on Aging shall be designated the regional administrative
25 agency if it so requests. The Department shall assume the
26 functions of the regional administrative agency for any
27 planning and service area where another agency is not so
28 designated.
29 (j) "Substantiated case" means a reported case of
30 alleged or suspected abuse, neglect, or financial
31 exploitation in which a provider agency, after assessment,
32 determines that there is reason to believe abuse, neglect, or
33 financial exploitation has occurred.
34 (Source: P.A. 91-259, eff. 1-1-00; 91-357, eff. 7-29-99;
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1 91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)
2 Section 30. The Illinois Food, Drug and Cosmetic Act is
3 amended by changing Section 3.21 as follows:
4 (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
5 Sec. 3.21. Except as authorized by this Act, the
6 Controlled Substances Act, the Pharmacy Practice Act of 1987,
7 the Dental Practice Act, the Medical Practice Act of 1987,
8 the Veterinary Medicine and Surgery Practice Act of 2004
9 1994, or the Podiatric Medical Practice Act of 1987, to sell
10 or dispense a prescription drug without a prescription.
11 (Source: P.A. 88-424.)
12 Section 35. The Humane Care for Animals Act is amended
13 by changing Section 2.01h as follows:
14 (510 ILCS 70/2.01h)
15 Sec. 2.01h. Animal shelter. "Animal shelter" means a
16 facility operated, owned, or maintained by a duly
17 incorporated humane society, animal welfare society, or other
18 non-profit organization for the purpose of providing for and
19 promoting the welfare, protection, and humane treatment of
20 animals. "Animal shelter" also means any veterinary hospital
21 or clinic operated by a veterinarian or veterinarians
22 licensed under the Veterinary Medicine and Surgery Practice
23 Act of 20041994 which operates for the above mentioned
24 purpose in addition to its customary purposes.
25 (Source: P.A. 92-454, eff. 1-1-02.)
26 Section 40. The Humane Euthanasia in Animal Shelters Act
27 is amended by changing Section 5 as follows:
28 (510 ILCS 72/5)
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1 Sec. 5. Definitions.
2 The following terms have the meanings indicated, unless the
3 context requires otherwise:
4 "Animal" means any bird, fish, reptile, or mammal other
5 than man.
6 "DEA" means the United States Department of Justice Drug
7 Enforcement Administration.
8 "Department" means the Department of Professional
9 Regulation.
10 "Director" means the Director of the Department of
11 Professional Regulation.
12 "Euthanasia agency" means an entity certified by the
13 Department for the purpose of animal euthanasia that holds an
14 animal control facility or animal shelter license under the
15 Animal Welfare Act.
16 "Euthanasia drugs" means Schedule II or Schedule III
17 substances (nonnarcotic controlled substances) as set forth
18 in the Illinois Controlled Substances Act that are used by a
19 euthanasia agency for the purpose of animal euthanasia.
20 "Euthanasia technician" or "technician" means a person
21 employed by a euthanasia agency or working under the direct
22 supervision of a veterinarian and who is certified by the
23 Department to administer euthanasia drugs to euthanize
24 animals.
25 "Veterinarian" means a person holding the degree of
26 Doctor of Veterinary Medicine who is licensed under the
27 Veterinary Medicine and Surgery Practice Act of 20041994.
28 (Source: P.A. 92-449, eff. 1-1-02.)
29 Section 45. The Good Samaritan Act is amended by
30 changing Section 60 as follows:
31 (745 ILCS 49/60)
32 Sec. 60. Veterinarians; exemption from civil liability
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1 for emergency care to humans. Any person licensed under the
2 Veterinary Medicine and Surgery Practice Act of 20041994 or
3 any person licensed as a veterinarian in any other state or
4 territory of the United States who in good faith provides
5 emergency care to a human victim of an accident, at the scene
6 of an accident or in a catastrophe shall not be liable for
7 civil damages as a result of his or her acts or omissions,
8 except for willful or wanton misconduct on the part of the
9 person in providing the care.
10 (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
11 Section 99. Effective date. This Act takes effect on
12 December 31, 2003.".
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