Illinois General Assembly - Full Text of HB1697
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Full Text of HB1697  97th General Assembly


Rep. Robert Rita

Filed: 2/22/2012





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2    AMENDMENT NO. ______. Amend House Bill 1697, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Veterinary Medicine and Surgery Practice
6Act of 2004 is amended by changing Section 4 as follows:
7    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 4. Exemptions. Nothing in this Act shall apply to any
10of the following:
11        (1) Veterinarians employed by the federal or State
12    government while engaged in their official duties.
13        (2) Licensed veterinarians from other states who are
14    invited to Illinois for consultation by a veterinarian
15    licensed in Illinois.
16        (3) Veterinarians employed by colleges or universities



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



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



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1            (B) Notwithstanding this subsection, no person
2        shall dock the tail of any living member of the bovine
3        species except as in accordance with Section 3.03-5 of
4        the Humane Care for Animals Act.
5        (8) An owner of an animal, or an agent of the owner
6    acting with the owner's approval, in caring for, training,
7    or treating an animal belonging to the owner, so long as
8    that individual or agent does not represent himself or
9    herself as a veterinarian or use any title associated with
10    the practice of veterinary medicine or surgery or diagnose,
11    prescribe drugs, or perform surgery. The agent shall
12    provide the owner with a written statement summarizing the
13    nature of the services provided and obtain a signed
14    acknowledgment from the owner that they accept the services
15    provided. The services shall comply with the Humane Care
16    for Animals Act. The provisions of this item (8) do not
17    apply to a person who is exempt under item (7).
18        (9) A member in good standing of another licensed or
19    regulated profession within any state or a member of an
20    organization or group approved by the Department by rule
21    providing assistance that is requested in writing by a
22    veterinarian licensed in this State acting within a
23    veterinarian-client-patient relationship and with informed
24    consent from the client and the member is acting under the
25    immediate, direct, or indirect supervision and control of
26    the licensed veterinarian. Providing assistance involves



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1    hands-on active participation in the treatment and care of
2    the patient, as defined by rule. The licensed veterinarian
3    shall maintain responsibility for the
4    veterinarian-client-patient relationship, but shall be
5    immune from liability, except for willful and wanton
6    conduct, in any civil or criminal action if a member
7    providing assistance does not meet the requirements of this
8    item (9).
9        (10) A graduate of a non-accredited college of
10    veterinary medicine who is in the process of obtaining a
11    certificate of educational equivalence and is performing
12    duties or actions assigned by instructors in an approved
13    college of veterinary medicine.
14        (10.5) A veterinarian who is enrolled in a postgraduate
15    instructional program in an accredited college of
16    veterinary medicine performing duties or actions assigned
17    by instructors or working under the immediate or direct
18    supervision of a licensed veterinarian or a faculty member
19    of the College of Veterinary Medicine at the University of
20    Illinois.
21        (11) A certified euthanasia technician who is
22    authorized to perform euthanasia in the course and scope of
23    his or her employment only as permitted by the Humane
24    Euthanasia in Animal Shelters Act.
25        (12) A person who, without expectation of
26    compensation, provides emergency veterinary care in an



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1    emergency or disaster situation so long as he or she does
2    not represent himself or herself as a veterinarian or use a
3    title or degree pertaining to the practice of veterinary
4    medicine and surgery.
5        (13) Any certified veterinary technician or other
6    employee of a licensed veterinarian performing permitted
7    duties other than diagnosis, prognosis, prescription, or
8    surgery under the appropriate direction and supervision of
9    the veterinarian, who shall be responsible for the
10    performance of the employee.
11        (13.5) Any pharmacist licensed in the State, merchant,
12    or manufacturer selling at his or her regular place of
13    business medicines, feed, appliances, or other products
14    used in the prevention or treatment of animal diseases as
15    permitted by law and provided that the services he or she
16    provides do not include diagnosing, prognosing, writing
17    prescriptions, or surgery.
18        (14) An approved humane investigator regulated under
19    the Humane Care for Animals Act or employee of a shelter
20    licensed under the Animal Welfare Act, working under the
21    indirect supervision of a licensed veterinarian.
22        (15) An individual providing equine dentistry services
23    requested by a veterinarian licensed to practice in this
24    State, an owner, or an owner's agent. For the purposes of
25    this item (15), "equine dentistry services" means floating
26    teeth without the use of drugs or extraction.



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1        (15.5) In the event of an emergency or disaster, a
2    veterinarian or veterinary technician not licensed in this
3    State who (A) is responding to a request for assistance
4    from the Illinois Department of Agriculture, the Illinois
5    Department of Public Health, the Illinois Emergency
6    Management Agency, or other State agency as determined by
7    the Department; (B) is licensed and in good standing in
8    another state; and (C) has been granted a temporary waiver
9    from licensure by the Department.
10        (16) Private treaty sale of animals unless otherwise
11    provided by law.
12        (17) Persons or entities practicing the specified
13    occupations set forth in subsection (a) of, and pursuant to
14    a licensing exemption granted in subsection (b) or (d) of,
15    Section 2105-350 of the Department of Professional
16    Regulation Law of the Civil Administrative Code of
17    Illinois, but only for so long as the 2016 Olympic and
18    Paralympic Games Professional Licensure Exemption Law is
19    operable.
20(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
21    Section 10. The Humane Care for Animals Act is amended by
22adding Section 3.03-5 as follows:
23    (510 ILCS 70/3.03-5 new)
24    Sec. 3.03-5. Bovine tail docking.



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1    (a) As used in this Section:
2        "Cattle" means any living member of the bovine species.
3        "Dock" means to cut or remove any portion of the solid
4    part of an animal's tail.
5        "Therapeutic" means for the purpose of treating a sick
6    or injured animal where that treatment is deemed medically
7    necessary by a licensed veterinarian and is not merely
8    prophylactic.
9    (b) Notwithstanding any provision of the law to the
10contrary, no person shall dock the tail of any cattle or
11procure the same to be done.
12    (c) Notwithstanding subsection (b) of this Section, cattle
13tail docking may be performed if:
14        (1) the procedure is performed for a therapeutic
15    purpose;
16        (2) the procedure is performed by a licensed
17    veterinarian using suitable instruments and under hygienic
18    conditions;
19        (3) the cattle has been adequately anesthetized to
20    minimize the animal's pain and suffering during the
21    operation; and
22        (4) the procedure is conducted in a way as to minimize
23    any long-term pain and suffering of the animal.
24    (d) Any person who violates this Section is guilty of a
25Class C misdemeanor and shall pay a fine not to exceed $500 for
26each animal whose tail was docked.



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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".