Bill Text: IL HB0337 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in the Act shall apply to a chiropractic physician licensed in this State and certified by the American Veterinary Chiropractic Association performing chiropractic care on animals.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0337 Detail]
Download: Illinois-2021-HB0337-Introduced.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Veterinary Medicine and Surgery Practice | |||||||||||||||||||
| 5 | Act of 2004 is amended by changing Section 4 as follows:
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| 6 | (225 ILCS 115/4) (from Ch. 111, par. 7004)
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| 7 | (Section scheduled to be repealed on January 1, 2024)
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| 8 | Sec. 4. Exemptions. Nothing in this Act shall apply to any | |||||||||||||||||||
| 9 | of the
following:
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| 10 | (1) Veterinarians employed by the federal or State | |||||||||||||||||||
| 11 | government while
engaged in their official duties.
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| 12 | (2) Licensed veterinarians from other states who are | |||||||||||||||||||
| 13 | invited to Illinois
for consultation by a veterinarian | |||||||||||||||||||
| 14 | licensed in Illinois.
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| 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 | |||||||||||||||||||
| 18 | management programs of colleges
or universities.
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| 19 | (3.5) A veterinarian or veterinary technician from | |||||||||||||||||||
| 20 | another state or country who (A) is not licensed under | |||||||||||||||||||
| 21 | this 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.
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| 6 | (4) A veterinarian employed by an accredited college | ||||||
| 7 | of 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
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| 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.
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| 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
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| 20 | instructors or working under the immediate or direct | ||||||
| 21 | supervision of a licensed veterinarian.
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| 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 | ||||||
| 2 | research which
requires
the use of animals.
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| 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, 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.
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| 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
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| 20 | herself as a veterinarian or use any title associated with | ||||||
| 21 | the practice of
veterinary medicine or surgery or | ||||||
| 22 | diagnose, prescribe drugs, or perform
surgery. The agent | ||||||
| 23 | shall provide the owner with a written statement
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| 24 | summarizing the nature of the services provided and obtain | ||||||
| 25 | a signed
acknowledgment from the owner that they accept | ||||||
| 26 | the services provided. The
services shall comply with the | ||||||
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| 1 | Humane Care for Animals Act. The provisions of
this item | ||||||
| 2 | (8) do not apply to a person who is exempt under item (7).
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| 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 | ||||||
| 9 | informed consent from the client and the member is acting
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| 10 | under the immediate, direct, or indirect supervision and | ||||||
| 11 | control of the licensed
veterinarian. Providing assistance | ||||||
| 12 | involves hands-on active participation in
the treatment | ||||||
| 13 | and care of the patient, as defined by rule. The licensed
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| 14 | veterinarian 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 | ||||||
| 19 | this item (9).
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| 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.
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| 25 | (10.5) A veterinarian who is enrolled in a | ||||||
| 26 | postgraduate instructional program in an accredited | ||||||
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| 1 | college of veterinary medicine performing duties or | ||||||
| 2 | actions assigned by instructors or working under the | ||||||
| 3 | immediate or direct supervision of a licensed veterinarian | ||||||
| 4 | or a faculty member of the College of Veterinary Medicine | ||||||
| 5 | at the University of Illinois.
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| 6 | (11) A certified euthanasia technician who is | ||||||
| 7 | authorized to perform
euthanasia in the course and scope | ||||||
| 8 | of his or her employment only as permitted by the Humane | ||||||
| 9 | Euthanasia in Animal Shelters Act.
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| 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
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| 13 | not represent himself or herself as a veterinarian or use | ||||||
| 14 | a title or degree
pertaining to the practice of veterinary | ||||||
| 15 | medicine and surgery.
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| 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.
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| 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.
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| 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.
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| 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
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| 11 | teeth without the use of drugs or extraction.
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| 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.
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| 21 | (16) Private treaty sale of animals unless otherwise | ||||||
| 22 | provided by law.
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| 23 | (17) A chiropractic physician licensed in this State | ||||||
| 24 | and certified by the American Veterinary Chiropractic | ||||||
| 25 | Association performing chiropractic care on animals. | ||||||
| 26 | (Source: P.A. 98-339, eff. 12-31-13.)
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