Illinois General Assembly - Full Text of SB2421
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Full Text of SB2421  99th General Assembly


Sen. Iris Y. Martinez

Filed: 3/1/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2421 by replacing
3everything after the enacting clause with the following:
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.



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1    "DEA" means the United States Department of Justice Drug
2Enforcement Administration.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Director" means the Director of the Department of
6Professional Regulation.
7    "Euthanasia agency" means an entity certified by the
8Department for the purpose of animal euthanasia that holds an
9animal control facility or animal shelter license under the
10Animal Welfare Act and that permits only euthanasia technicians
11or veterinarians to perform the euthanasia of animals.
12    "Euthanasia drugs" means Schedule II or Schedule III
13substances (nonnarcotic controlled substances) as set forth in
14the Illinois Controlled Substances Act that are used by a
15euthanasia agency for the purpose of animal euthanasia.
16    "Euthanasia technician" or "technician" means a person
17employed by a euthanasia agency or working under the direct
18supervision of a veterinarian and who is certified by the
19Department to administer euthanasia drugs to euthanize
21    "Secretary" means the Secretary of Financial and
22Professional Regulation.
23    "Veterinarian" means a person holding the degree of Doctor
24of Veterinary Medicine who is licensed under the Veterinary
25Medicine and Surgery Practice Act of 2004.
26(Source: P.A. 96-780, eff. 8-28-09.)



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1    (510 ILCS 72/20)
2    Sec. 20. Application for original certification; change of
4    (a) Applications for original certification shall be made
5to the Department in writing, shall be signed by the applicant
6on forms prescribed by the Department, and shall be accompanied
7by a nonrefundable fee set by rule. The Department may require
8information from the applicant that, in its judgment, will
9enable the Department to determine the qualifications of the
10applicant for certification.
11    (b) It is the duty of the applicant, euthanasia agency, or
12euthanasia technician to inform the Department of any change of
13address, and those changes must be made either through the
14Department's website or by contacting the Department.
15(Source: P.A. 92-449, eff. 1-1-02.)
16    (510 ILCS 72/35)
17    Sec. 35. Technician certification; duties.
18    (a) An applicant for certification as a euthanasia
19technician shall file an application with the Department and
21        (1) Be 18 years of age.
22        (2) Be of good moral character. In determining moral
23    character under this Section, the Department may take into
24    consideration whether the applicant has engaged in conduct



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1    or activities that would constitute grounds for discipline
2    under this Act.
3        (3) Each applicant for certification as a euthanasia
4    technician shall have his or her fingerprints submitted to
5    the Department of State Police in an electronic format that
6    complies with the form and manner for requesting and
7    furnishing criminal history record information as
8    prescribed by the Department of State Police. These
9    fingerprints shall be checked against the Department of
10    State Police and Federal Bureau of Investigation criminal
11    history record databases now and hereafter filed. The
12    Department of State Police shall charge applicants a fee
13    for conducting the criminal history records check, which
14    shall be deposited in the State Police Services Fund and
15    shall not exceed the actual cost of the records check. The
16    Department of State Police shall furnish, pursuant to
17    positive identification, records of Illinois convictions
18    to the Department.
19        (4) Hold a license or certification from the American
20    Humane Association, the National Animal Control
21    Association, the Illinois Federation of Humane Societies,
22    or the Humane Society of the United States issued within 3
23    years preceding the date of application. Every 2 5 years a
24    certified euthanasia technician must renew his or her
25    certification with the Department. At the time of renewal,
26    the technician must present proof that he or she attended a



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1    class or seminar, administered by the American Humane
2    Association, the National Animal Control Association, the
3    Illinois Federation of Humane Societies, or the Humane
4    Society of the United States, that teaches techniques or
5    guidelines, or both, for humane animal euthanasia.
6        (5) Pay the required fee.
7    (b) The duties of a euthanasia technician shall include but
8are not limited to:
9        (1) preparing animals for euthanasia and scanning each
10    animal, prior to euthanasia, for microchips;
11        (2) accurately recording the dosages administered and
12    the amount of drugs wasted;
13        (3) ordering supplies;
14        (4) maintaining the security of all controlled
15    substances and drugs;
16        (5) humanely euthanizing animals via intravenous
17    injection by hypodermic needle, intraperitoneal injection
18    by hypodermic needle, or intracardiac injection only on
19    comatose animals by hypodermic needle; and
20        (6) properly disposing of euthanized animals after
21    verification of death.
22    (c) A euthanasia technician employed by a euthanasia agency
23may perform euthanasia by the administration of a Schedule II
24nonnarcotic or Schedule III nonnarcotic controlled substance.
25A euthanasia technician may not personally possess, order, or
26administer a controlled substance except as an agent of the



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1euthanasia agency.
2    (d) Upon termination from a euthanasia agency, a euthanasia
3technician shall not perform animal euthanasia until he or she
4is employed by another certified euthanasia agency.
5    (e) A certified euthanasia technician or an instructor in
6an approved course does not engage in the practice of
7veterinary medicine when performing duties set forth in this
9(Source: P.A. 96-780, eff. 8-28-09.)
10    (510 ILCS 72/45)
11    Sec. 45. Certifications; renewal; restoration; person in
12military service; inactive status.
13    (a) The expiration date, renewal period, renewal fees, and
14procedures for renewal of each certification issued under this
15Act shall be set by rule. As a condition for renewal of a
16certification, humane euthanasia technicians may be required
17to complete additional coursework or education, as defined by
19    (b) Any person who has permitted a euthanasia technician
20certification to expire or who has a certification on inactive
21status may have it restored by submitting an application to the
22Department and filing proof of fitness, as defined by rule, to
23have the certification restored, including, if appropriate,
24evidence that is satisfactory to the Department certifying
25active practice in another jurisdiction and by paying the



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1required fee.
2    (c) If the person has not maintained an active practice in
3another jurisdiction that is satisfactory to the Department,
4the Department shall determine the person's fitness to resume
5active status.
6    (d) Any person whose euthanasia technician certification
7expired while on active duty with the armed forces of the
8United States, while called into service or training with the
9State Militia or in training or education under the supervision
10of the United States government prior to induction into the
11military service, however, may have his or her certification
12restored without paying any renewal fees if, within 2 years
13after the termination of that service, training, or education,
14except under conditions other than honorable, the Department is
15furnished with satisfactory evidence that the person has been
16so engaged and that the service, training, or education has
17been so terminated.
18    (e) A euthanasia technician certificate holder may place
19his or her certification on inactive status and shall be
20excused from paying renewal fees until he or she notifies the
21Department in writing of the intention to resume active
22practice. A certificate holder who is on inactive status shall
23not practice while the certificate is in inactive status.
24    (f) The Department shall set by rule the requirements for
25restoration of a euthanasia agency certification and the
26requirements for a change of location.



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



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



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



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1issue a temporary restraining order, without notice or bond,
2and may preliminarily and permanently enjoin the violation, and
3if it is established that the agency or person has violated or
4is violating the injunction, the court may punish the offender
5for contempt of court. Proceedings under this Section shall be
6in addition to, and not in lieu of, all other remedies and
7penalties provided by this Act.
8    (b) Whenever, in the opinion of the Department, an agency
9or person violates a provision of this Act, the Department may
10issue a rule to show cause why an order to cease and desist
11should not be entered against the agency. The rule shall
12clearly set forth the grounds relied upon by the Department and
13shall provide a period of 7 days from the date of the rule to
14file an answer to the satisfaction of the Department. Failure
15to answer to the satisfaction of the Department shall cause an
16order to cease and desist to be issued immediately.
17(Source: P.A. 92-449, eff. 1-1-02.)
18    (510 ILCS 72/90)
19    Sec. 90. Uncertified practice; civil penalty.
20    (a) A person who practices, offers to practice, attempts to
21practice, or holds himself or herself out as a certified
22euthanasia technician or a certified euthanasia agency without
23being certified under this Act shall, in addition to any other
24penalty provided by law, pay a civil penalty to the Department
25in an amount not to exceed $10,000 for each offense as



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1determined by the Department. The civil penalty shall be
2assessed by the Department after a hearing is held in
3accordance with the provisions set forth in this Act regarding
4the provision of a hearing for the discipline of a certified
5euthanasia technician or a certified euthanasia agency. The
6civil penalty must be paid within 60 days after the effective
7date of the order imposing the civil penalty. The order shall
8constitute a judgment and may be filed and executed in the same
9manner as any judgment from any court of record.
10    (b) The Department may investigate any uncertified
12    (c) Instructors or licensed veterinarians teaching humane
13euthanasia techniques are exempt from the certification
14process so long as they are currently certified, registered, or
15licensed by another state as a euthanasia technician or as a
17(Source: P.A. 96-780, eff. 8-28-09.)
18    (510 ILCS 72/100)
19    Sec. 100. Investigations; notice and hearing.
20    (a) The Department may investigate the actions of an
21applicant or an animal shelter or animal control facility
22holding or claiming to hold a certificate.
23    (b) Before refusing to issue or renew a certificate or
24disciplining a certified euthanasia agency or technician, the
25Department shall notify in writing the applicant, the



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



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1    At the time and place fixed in the notice, the Department
2shall proceed to hear the charges, and the parties or their
3counsel shall be accorded ample opportunity to present such
4statements, testimony, evidence, and argument as may be
5pertinent to the charges or to their defense. The Department
6may continue a hearing from time to time.
7(Source: P.A. 92-449, eff. 1-1-02.)
8    (510 ILCS 72/105)
9    Sec. 105. Records of proceedings Stenographer; transcript.
10The Department, at its expense, shall preserve a record of all
11proceedings at the formal hearing of any case involving the
12refusal to issue or renew a certificate or the discipline of a
13certified euthanasia technician. The notice of hearing,
14complaint, and all other documents in the nature of pleadings,
15written motions filed in the proceedings, the transcript of
16testimony, the report of the hearing officer, and the order of
17the Department shall be the record of the proceeding.
18(Source: P.A. 92-449, eff. 1-1-02.)
19    (510 ILCS 72/115)
20    Sec. 115. Findings and recommendations. At the conclusion
21of the hearing, the hearing officer shall present to the
22Secretary Director a written report of its findings and
23recommendations. The report shall contain a finding of whether
24or not the accused applicant, euthanasia agency, or euthanasia



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



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



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



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



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



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



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2(Source: P.A. 92-449, eff. 1-1-02.)
3    (510 ILCS 72/190 new)
4    Sec. 190. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of an applicant, euthanasia agency, or euthanasia technician,
7including, but not limited to, any complaint against an
8applicant, euthanasia agency, or euthanasia technician filed
9with the Department and information collected to investigate
10any complaint shall be maintained for the confidential use of
11the Department and shall not be disclosed. The Department may
12not disclose the information to anyone other than law
13enforcement officials, other regulatory agencies that have an
14appropriate regulatory interest as determined by the
15Secretary, or to a party presenting a lawful subpoena to the
16Department. Information and documents disclosed to a federal,
17State, county, or local law enforcement agency shall not be
18disclosed by the agency for any purpose to any other entity or
19person. A formal complaint filed against an applicant,
20euthanasia agency, or euthanasia technician by the Department
21or any order issued by the Department against an applicant,
22euthanasia agency, or euthanasia technician shall be a public
23record, except as otherwise prohibited by law.
24    Section 99. Effective date. This Act takes effect upon



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1becoming law.".