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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, 45, 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 2 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
17nonnarcotic or Schedule III nonnarcotic controlled substance.
18A euthanasia technician may not personally possess, order, or
19administer a controlled substance except as an agent of the
20euthanasia agency.
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 72/45)
4    Sec. 45. Certifications; renewal; restoration; person in
5military service; inactive status.
6    (a) The expiration date, renewal period, renewal fees, and
7procedures for renewal of each certification issued under this
8Act shall be set by rule. As a condition for renewal of a
9certification, humane euthanasia technicians may be required
10to complete additional coursework or education, as defined by
12    (b) Any person who has permitted a euthanasia technician
13certification to expire or who has a certification on inactive
14status may have it restored by submitting an application to the
15Department and filing proof of fitness, as defined by rule, to
16have the certification restored, including, if appropriate,
17evidence that is satisfactory to the Department certifying
18active practice in another jurisdiction and by paying the
19required fee.
20    (c) If the person has not maintained an active practice in
21another jurisdiction that is satisfactory to the Department,
22the Department shall determine the person's fitness to resume
23active status.
24    (d) Any person whose euthanasia technician certification
25expired while on active duty with the armed forces of the



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1United States, while called into service or training with the
2State Militia or in training or education under the supervision
3of the United States government prior to induction into the
4military service, however, may have his or her certification
5restored without paying any renewal fees if, within 2 years
6after the termination of that service, training, or education,
7except under conditions other than honorable, the Department is
8furnished with satisfactory evidence that the person has been
9so engaged and that the service, training, or education has
10been so terminated.
11    (e) A euthanasia technician certificate holder may place
12his or her certification on inactive status and shall be
13excused from paying renewal fees until he or she notifies the
14Department in writing of the intention to resume active
15practice. A certificate holder who is on inactive status shall
16not practice while the certificate is in inactive status.
17    (f) The Department shall set by rule the requirements for
18restoration of a euthanasia agency certification and the
19requirements for a change of location.
20(Source: P.A. 92-449, eff. 1-1-02.)
21    (510 ILCS 72/55)
22    Sec. 55. Endorsement. An applicant, who is a euthanasia
23technician certified, registered, or licensed under the laws of
24another state or territory of the United States that has
25requirements that are substantially similar to the



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1requirements of this Act, may be granted certification as a
2euthanasia technician in this State without examination, upon
3presenting satisfactory proof to the Department that the
4applicant has been engaged in the practice of euthanasia for a
5period of not less than one year and upon payment of the
6required fee. In addition, an applicant shall have his or her
7fingerprints submitted to the Department of State Police for
8purposes of a criminal history records check pursuant to clause
9(a)(3) of Section 35.
10(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
11    (510 ILCS 72/60)
12    Sec. 60. Fees; returned checks. An agency or person who
13delivers a check or other payment to the Department that is
14returned to the Department unpaid by the financial institution
15upon which it is drawn shall pay to the Department, in addition
16to the amount already owed to the Department a fine of $50. The
17fines imposed by this Section are in addition to any other
18discipline provided under this Act. The Secretary Director may
19waive the fines due under this Section in individual cases
20where the Secretary Director finds that the fines would be
21unreasonable or unnecessarily burdensome.
22(Source: P.A. 92-449, eff. 1-1-02.)
23    (510 ILCS 72/65)
24    Sec. 65. Refused issuance, suspension, or revocation of



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1certification. The Department may refuse to issue, renew, or
2restore a certification or may revoke or suspend a
3certification, or place on probation, reprimand, impose a fine
4not to exceed $10,000 for each violation, or take other
5disciplinary or non-disciplinary action as the Department may
6deem proper with regard to a certified euthanasia agency or a
7certified euthanasia technician for any one or combination of
8the following reasons:
9        (1) in the case of a certified euthanasia technician,
10    failing to carry out the duties of a euthanasia technician
11    set forth in this Act or rules adopted under this Act;
12        (2) abusing the use of any controlled substance or
13    euthanasia drug;
14        (3) selling, stealing, or giving controlled substances
15    or euthanasia drugs away;
16        (4) abetting anyone in violating item (1) or (2) of
17    this Section;
18        (5) violating any provision of this Act, the Illinois
19    Controlled Substances Act, the Illinois Food, Drug and
20    Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the
21    federal Controlled Substances Act, the rules adopted under
22    these Acts, or any rules adopted by the Department of
23    Financial and Professional Regulation concerning the
24    euthanizing of animals;
25        (6) in the case of a euthanasia technician, acting as a
26    euthanasia technician outside of the scope of his or her



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1    employment with a certified euthanasia agency; and
2        (7) in the case of a euthanasia technician, being
3    convicted of or entering a plea of guilty or nolo
4    contendere to any crime that is (i) a felony under the laws
5    of the United States or any state or territory thereof,
6    (ii) a misdemeanor under the laws of the United States or
7    any state or territory an essential element of which is
8    dishonesty, or (iii) directly related to the practice of
9    the profession.
10(Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)
11    (510 ILCS 72/85)
12    Sec. 85. Cease and desist order.
13    (a) If an agency or person violates a provision of this
14Act, the Secretary Director may, in the name of the People of
15the State of Illinois, through the Attorney General of the
16State of Illinois, petition for an order enjoining the
17violation or for an order enforcing compliance with this Act.
18Upon the filing of a verified petition in court, the court may
19issue a temporary restraining order, without notice or bond,
20and may preliminarily and permanently enjoin the violation, and
21if it is established that the agency or person has violated or
22is violating the injunction, the court may punish the offender
23for contempt of court. Proceedings under this Section shall be
24in addition to, and not in lieu of, all other remedies and
25penalties provided by this Act.



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1    (b) Whenever, in the opinion of the Department, an agency
2or person violates a provision of this Act, the Department may
3issue a rule to show cause why an order to cease and desist
4should not be entered against the agency. The rule shall
5clearly set forth the grounds relied upon by the Department and
6shall provide a period of 7 days from the date of the rule to
7file an answer to the satisfaction of the Department. Failure
8to answer to the satisfaction of the Department shall cause an
9order to cease and desist to be issued immediately.
10(Source: P.A. 92-449, eff. 1-1-02.)
11    (510 ILCS 72/90)
12    Sec. 90. Uncertified practice; civil penalty.
13    (a) A person who practices, offers to practice, attempts to
14practice, or holds himself or herself out as a certified
15euthanasia technician or a certified euthanasia agency without
16being certified under this Act shall, in addition to any other
17penalty provided by law, pay a civil penalty to the Department
18in an amount not to exceed $10,000 for each offense as
19determined by the Department. The civil penalty shall be
20assessed by the Department after a hearing is held in
21accordance with the provisions set forth in this Act regarding
22the provision of a hearing for the discipline of a certified
23euthanasia technician or a certified euthanasia agency. The
24civil penalty must be paid within 60 days after the effective
25date of the order imposing the civil penalty. The order shall



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1constitute a judgment and may be filed and executed in the same
2manner as any judgment from any court of record.
3    (b) The Department may investigate any uncertified
5    (c) Instructors or licensed veterinarians teaching humane
6euthanasia techniques are exempt from the certification
7process so long as they are currently certified, registered, or
8licensed by another state as a euthanasia technician or as a
10(Source: P.A. 96-780, eff. 8-28-09.)
11    (510 ILCS 72/100)
12    Sec. 100. Investigations; notice and hearing.
13    (a) The Department may investigate the actions of an
14applicant or an animal shelter or animal control facility
15holding or claiming to hold a certificate.
16    (b) Before refusing to issue or renew a certificate or
17disciplining a certified euthanasia agency or technician, the
18Department shall notify in writing the applicant, the
19euthanasia agency, or euthanasia technician of the nature of
20the charges and that a hearing will be held on the date
21designated, which shall be at least 30 days after the date of
22the notice. The Department shall direct the applicant,
23euthanasia agency, or euthanasia technician to file a written
24answer to the Department under oath within 20 days after the
25service of the notice and inform the applicant, euthanasia



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1agency, or euthanasia technician that failure to file an answer
2will result in default being taken against the applicant,
3euthanasia agency, or euthanasia technician and that the
4certificate may be suspended, revoked, placed on probationary
5status, or other disciplinary action may be taken, including
6limiting the scope, nature, or extent of business as the
7Secretary Director may deem proper. Written notice may be
8served by personal delivery or certified or registered mail
9sent to the applicant, euthanasia agency, or euthanasia
10technician's respondent at the most recent address of on record
11with the Department.
12    If the applicant, euthanasia agency, or euthanasia
13technician fails to file an answer after receiving notice, the
14certification may, in the discretion of the Department, be
15suspended, revoked, or placed on probationary status, or the
16Department may take whatever disciplinary action it deems
17proper including imposing a civil penalty, without a hearing if
18the act or acts charged constitute sufficient ground for such
19action under this Act.
20    At the time and place fixed in the notice, the Department
21shall proceed to hear the charges, and the parties or their
22counsel shall be accorded ample opportunity to present such
23statements, testimony, evidence, and argument as may be
24pertinent to the charges or to their defense. The Department
25may continue a hearing from time to time.
26(Source: P.A. 92-449, eff. 1-1-02.)



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1    (510 ILCS 72/105)
2    Sec. 105. Records of proceedings Stenographer; transcript.
3The Department, at its expense, shall preserve a record of all
4proceedings at the formal hearing of any case involving the
5refusal to issue or renew a certificate or the discipline of a
6certified euthanasia technician. The notice of hearing,
7complaint, and all other documents in the nature of pleadings,
8written motions filed in the proceedings, the transcript of
9testimony, the report of the hearing officer, and the order of
10the Department shall be the record of the proceeding.
11(Source: P.A. 92-449, eff. 1-1-02.)
12    (510 ILCS 72/115)
13    Sec. 115. Findings and recommendations. At the conclusion
14of the hearing, the hearing officer shall present to the
15Secretary Director a written report of its findings and
16recommendations. The report shall contain a finding of whether
17or not the accused applicant, euthanasia agency, or euthanasia
18technician violated this Act or failed to comply with the
19conditions required in this Act. The hearing officer shall
20specify the nature of the violation or failure to comply, and
21shall make its recommendations to the Secretary Director.
22    The report of the findings and recommendations of the
23hearing officer may shall be the basis for the Department's
24order of refusal or for the granting of certification unless



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1the Secretary Director determines that the hearing officer's
2report is contrary to the manifest weight of the evidence, in
3which case the Secretary Director may issue an order in
4contravention of the hearing officer's report. The finding is
5not admissible in evidence against the applicant, agency, or
6technician in a criminal prosecution brought for the violation
7of this Act, but the hearing and finding are not a bar to a
8criminal prosecution brought for the violation of this Act.
9(Source: P.A. 92-449, eff. 1-1-02.)
10    (510 ILCS 72/120)
11    Sec. 120. Motion for rehearing Rehearing on motion. In a
12case involving the refusal to issue or renew a certificate or
13the discipline of a certified euthanasia agency or technician,
14a copy of the hearing officer's report shall be served upon the
15respondent by the Department, either personally or as provided
16in this Act for the service of the notice of hearing. Within 20
17days after such service, the respondent may present to the
18Department a motion in writing for a rehearing, which shall
19specify the particular grounds for rehearing. If no motion for
20rehearing is filed, then upon the expiration of the time
21specified for filing the motion, or if a motion for rehearing
22is denied, then upon such denial the Secretary Director may
23enter an order in accordance with recommendations of the
24hearing officer except as provided in Section 125 of this Act.
25If the respondent shall order from the reporting service and



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1pay for a transcript of the record with the time for filing a
2motion for rehearing, the 20 day period within which such a
3motion may be filed shall commence upon the delivery of the
4transcript to the respondent.
5(Source: P.A. 92-449, eff. 1-1-02.)
6    (510 ILCS 72/125)
7    Sec. 125. Rehearing on order of Secretary Director.
8Whenever the Secretary Director is satisfied that substantial
9justice has not been done in the revocation or suspension of a
10certification or refusal to issue or renew a certificate, the
11Secretary Director may order a rehearing.
12(Source: P.A. 92-449, eff. 1-1-02.)
13    (510 ILCS 72/130)
14    Sec. 130. Hearing officer. The Secretary Director has the
15authority to appoint an attorney duly licensed to practice law
16in this State to serve as the hearing officer in an action for
17refusal to issue or renew a certificate or for the discipline
18of a certified euthanasia agency or technician. The hearing
19officer shall have full authority to conduct the hearing. The
20hearing officer shall report his or her findings of fact,
21conclusions of law, and recommendations to the Secretary
22Director. If the Secretary disagrees with the recommendation of
23the hearing officer, then the Secretary may issue an order in
24contravention of the report.



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1(Source: P.A. 92-449, eff. 1-1-02.)
2    (510 ILCS 72/135)
3    Sec. 135. Order or certified copy. An order or a certified
4copy of an order, over the seal of the Department and
5purporting to be signed by the Secretary Director, shall be
6prima facie proof that:
7        (1) the signature is the genuine signature of the
8    Secretary Director; and
9        (2) the Secretary Director is duly appointed and
10    qualified.
11This proof may be rebutted.
12(Source: P.A. 92-449, eff. 1-1-02.)
13    (510 ILCS 72/140)
14    Sec. 140. Restoration of certificate. Any time after the
15successful completion of a term of indefinite probation, or the
16suspension or revocation of a certificate, the Department may
17restore the certificate to the accused agency upon the written
18recommendation of the Secretary Department unless, after an
19investigation and a hearing, the Department determines that
20restoration is not in the public interest or that the licensee
21has not been sufficiently rehabilitated to warrant the public
22trust. No person or entity whose certificate has been revoked
23as authorized in this Act may apply for restoration of that
24license, certification, or authority until the time as provided



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1for in the Department of Professional Regulation Law of the
2Civil Administrative Code of Illinois.
3(Source: P.A. 92-449, eff. 1-1-02.)
4    (510 ILCS 72/145)
5    Sec. 145. Surrender of certificate. Upon the revocation or
6suspension of a certificate, the euthanasia agency or
7euthanasia technician shall immediately surrender the
8certificate to the Department, and if the euthanasia agency or
9euthanasia technician fails to do so, the Department shall have
10the right to seize the certificate.
11(Source: P.A. 92-449, eff. 1-1-02.)
12    (510 ILCS 72/150)
13    Sec. 150. Summary Temporary suspension of a certificate.
14The Secretary Director may summarily temporarily suspend the
15certificate of a euthanasia agency or euthanasia technician
16without a hearing, simultaneously with the institution of
17proceedings for a hearing, if the Secretary Director finds that
18the evidence in his or her possession indicates that the
19continued practice of the certified euthanasia agency or
20technician would constitute cruelty or an imminent danger to
21the public. If the Secretary Director temporarily suspends the
22certificate without a hearing, a hearing by the hearing officer
23shall be commenced must be held within 30 days of the
24suspension and shall be concluded as expeditiously as possible.



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1(Source: P.A. 92-449, eff. 1-1-02.)
2    (510 ILCS 72/160)
3    Sec. 160. Certification of record; costs. The Department
4shall not be required to certify any record to the court or
5file any answer in court or otherwise appear in a court in a
6judicial review proceeding, unless there is filed in the court,
7with the complaint, a receipt from the Department acknowledging
8payment of the costs of furnishing and certifying the record,
9which costs shall be determined by the Department. Exhibits
10shall be certified without cost. Failure on the part of the
11plaintiff to file a receipt in court shall be grounds for
12dismissal of the action.
13(Source: P.A. 92-449, eff. 1-1-02.)
14    (510 ILCS 72/165)
15    Sec. 165. Criminal penalties. An applicant, euthanasia
16agency or euthanasia technician who is found to have violated a
17provision of this Act is guilty of a Class A misdemeanor for
18the first offense. On conviction of a second or subsequent
19offense, the violator shall be guilty of a Class 4 felony. The
20Department shall, for the purpose of criminal investigation and
21prosecution, refer alleged violations of this Act to (i) local
22law enforcement officials or the Illinois State Police and (ii)
23the State's Attorney of the county within which the violation
24occurred. The Department shall, for the purpose of criminal



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1investigation and prosecution, refer alleged violations of the
2Humane Care for Animals Act to (i) local law enforcement
3officials or the Illinois State Police and (ii) the State's
4Attorney of the county within which the violation occurred.
5(Source: P.A. 96-780, eff. 8-28-09.)
6    (510 ILCS 72/170)
7    Sec. 170. Administrative Procedure Act. The Illinois
8Administrative Procedure Act is hereby expressly adopted and
9incorporated in this Act as if all of the provisions of that
10Act were included in this Act, except that the provision of
11subsection (d) of Section 10-65 of the Illinois Administrative
12Procedure Act, which provides that at hearings the certificate
13license holder has the right to show compliance with all lawful
14requirements for retention, continuation, or renewal of a
15certificate license, is specifically excluded. For the
16purposes of this Act, the notice required under Section 10-25
17of the Illinois Administrative Procedure Act is deemed
18sufficient when mailed to the last known address of record a
20(Source: P.A. 92-449, eff. 1-1-02.)
21    (510 ILCS 72/190 new)
22    Sec. 190. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of an applicant, euthanasia agency, or euthanasia technician,



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1including, but not limited to, any complaint against an
2applicant, euthanasia agency, or euthanasia technician filed
3with the Department and information collected to investigate
4any complaint shall be maintained for the confidential use of
5the Department and shall not be disclosed. The Department may
6not disclose the information to anyone other than law
7enforcement officials, other regulatory agencies that have an
8appropriate regulatory interest as determined by the
9Secretary, or to a party presenting a lawful subpoena to the
10Department. Information and documents disclosed to a federal,
11State, county, or local law enforcement agency shall not be
12disclosed by the agency for any purpose to any other entity or
13person. A formal complaint filed against an applicant,
14euthanasia agency, or euthanasia technician by the Department
15or any order issued by the Department against an applicant,
16euthanasia agency, or euthanasia technician shall be a public
17record, except as otherwise prohibited by law.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.