Illinois General Assembly - Full Text of HB1697
Illinois General Assembly

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Full Text of HB1697  97th General Assembly



State of Illinois
2011 and 2012


Introduced , by Rep. Sara Feigenholtz


225 ILCS 115/4  from Ch. 111, par. 7004
510 ILCS 70/3.03-5 new

    Amends the Veterinary Medicine and Surgery Practice Act of 2004. Removes language allowing an owner of livestock and any of the owner's employees or the owner and employees of a service and care provider of livestock caring for and treating livestock belonging to the owner or under a provider's care to dock cattle, horses, sheep, goats, and swine. Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail of any living member of the bovine species. Provides that any person who violates this provision is guilty of a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary to protect the health of the animal. Defines "dock".

LRB097 10531 CEL 50862 b






HB1697LRB097 10531 CEL 50862 b

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 Veterinary Medicine and Surgery Practice Act
5of 2004 is amended by changing Section 4 as follows:
6    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 4. Exemptions. Nothing in this Act shall apply to any
9of the following:
10        (1) Veterinarians employed by the federal or State
11    government while engaged in their official duties.
12        (2) Licensed veterinarians from other states who are
13    invited to Illinois for consultation by a veterinarian
14    licensed in Illinois.
15        (3) Veterinarians employed by colleges or universities
16    while engaged in the performance of their official duties,
17    or faculty engaged in animal husbandry or animal management
18    programs of colleges or universities.
19        (3.5) A veterinarian or veterinary technician from
20    another state or country who (A) is not licensed under this
21    Act; (B) is currently licensed as a veterinarian or
22    veterinary technician in another state or country, or
23    otherwise exempt from licensure in the other state; (C) is



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



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



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



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



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1    provides do not include diagnosing, prognosing, writing
2    prescriptions, or surgery.
3        (14) An approved humane investigator regulated under
4    the Humane Care for Animals Act or employee of a shelter
5    licensed under the Animal Welfare Act, working under the
6    indirect supervision of a licensed veterinarian.
7        (15) An individual providing equine dentistry services
8    requested by a veterinarian licensed to practice in this
9    State, an owner, or an owner's agent. For the purposes of
10    this item (15), "equine dentistry services" means floating
11    teeth without the use of drugs or extraction.
12        (15.5) In the event of an emergency or disaster, a
13    veterinarian or veterinary technician not licensed in this
14    State who (A) is responding to a request for assistance
15    from the Illinois Department of Agriculture, the Illinois
16    Department of Public Health, the Illinois Emergency
17    Management Agency, or other State agency as determined by
18    the Department; (B) is licensed and in good standing in
19    another state; and (C) has been granted a temporary waiver
20    from licensure by the Department.
21        (16) Private treaty sale of animals unless otherwise
22    provided by law.
23        (17) Persons or entities practicing the specified
24    occupations set forth in subsection (a) of, and pursuant to
25    a licensing exemption granted in subsection (b) or (d) of,
26    Section 2105-350 of the Department of Professional



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1    Regulation Law of the Civil Administrative Code of
2    Illinois, but only for so long as the 2016 Olympic and
3    Paralympic Games Professional Licensure Exemption Law is
4    operable.
5(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
6    Section 10. The Humane Care for Animals Act is amended by
7adding Section 3.03-5 as follows:
8    (510 ILCS 70/3.03-5 new)
9    Sec. 3.03-5. Bovine tail docking.
10    (a) Notwithstanding any provision of law to the contrary,
11no person shall dock or hire any other person to dock the tail
12of any living member of the bovine species.
13    (b) For the purposes of this Section, "dock" means to
14remove any part of an animal's tail for any reason other than
15to amputate part of the tail due to an incurable injury or
16illness to the tail that threatens the animal's well-being.
17Docking does not include trimming the hair at the end of an
18animal's tail.
19    (c) Any person convicted of violating this Section is
20guilty of a Class C misdemeanor and shall pay a fine not to
21exceed $500 for each instance of tail docking.
22    (d) Notwithstanding the preceding subdivisions of this
23Section, tail docking may be done by a licensed veterinarian to
24protect the health of the animal.