Bill Text: IL HB2354 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Veterinary Medical Practice Ownership Act. Provides that one or more persons licensed under the Veterinary Medicine and Surgery Practice Act of 2004, or one or more persons or entities not licensed under the Veterinary Medicine and Surgery Practice Act of 2004, may form a veterinary practice in any legal form under applicable laws to own, operate, and maintain an establishment for specified purposes related to animal ailments and injuries, subject to specified restrictions. Contains provisions regarding the death of an owner, actions based on violations, relationships with clients, discipline, severability, and other matters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2354 Detail]

Download: Illinois-2013-HB2354-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2354 Introduced , by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED:
New Act
Creates the Veterinary Medical Practice Ownership Act. Provides that one or more persons licensed under the Veterinary Medicine and Surgery Practice Act of 2004, or one or more persons or entities not licensed under the Veterinary Medicine and Surgery Practice Act of 2004, may form a veterinary practice in any legal form under applicable laws to own, operate, and maintain an establishment for specified purposes related to animal ailments and injuries, subject to specified restrictions. Contains provisions regarding the death of an owner, actions based on violations, relationships with clients, discipline, severability, and other matters.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Veterinary Medical Practice Ownership Act.
Section 5. Formation.
(a) One or more persons licensed pursuant to the Veterinary
Medicine and Surgery Practice Act of 2004 may form a veterinary
practice in any legal form pursuant to applicable laws
including, but not limited to, the Business Corporation Act of
1983, the Limited Liability Company Act, and the Uniform
Partnership Act to own, operate, and maintain an establishment
for the study, diagnosis, and treatment of animal ailments and
injuries, whether physical or mental, and to promote medical,
surgical, and scientific research and knowledge; provided that
veterinary medical or surgical treatment, consultation, or
advice may be given only by persons with ownership interest or
employees of the business who are licensed pursuant to the
Veterinary Medicine and Surgery Practice Act of 2004.
(b) One or more persons or entities that are not licensed
pursuant to the Veterinary Medicine and Surgery Practice Act of
2004 may form a veterinary practice in any legal form pursuant
to applicable laws including, but not limited to, the Business

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Corporation Act of 1983, the Limited Liability Company Act, and
the Uniform Partnership Act to own, operate, and maintain an
establishment for the study, diagnosis, and treatment of animal
ailments and injuries, whether physical or mental, and to
promote medical, surgical, and scientific research and
knowledge provided:
(i) the veterinary practice complies with all
requirements of this Act and the Veterinary Medicine and
Surgery Practice Act of 2004; and
(ii) the veterinary practice ensures that all
employees of the veterinary practice that may provide or
influence veterinary medical or surgical treatment,
consultation, or advice are licensed pursuant to the
Veterinary Medicine and Surgery Practice Act of 2004.
Section 10. Death of owner. In the event of the death of a
licensed veterinarian, when the death would render a veterinary
practice unable to operate in compliance with this Act and the
Veterinary Medicine and Surgery Practice Act of 2004, the
veterinary practice shall suspend its operations until a person
or persons holding a valid license to practice veterinary
medicine and surgery under the Veterinary Medicine and Surgery
Practice Act of 2004 assumes responsibility temporarily or
permanently for the provision of and influence over veterinary
medical or surgical treatment, consultation, or advice
provided by the veterinary practice.

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In the event of a death when the deceased was the sole
owner of the veterinary medical practice and when the practice
is, or is to be, transferred into ownership of one or more
non-veterinarians, the veterinary medical practice may
continue to operate in accordance with this Section.
Section 15. Actions to enjoin violations. An interested
person who holds a valid license to practice veterinary
medicine and surgery pursuant to the Veterinary Medicine and
Surgery Practice Act of 2004 or any association whose primary
purpose is to represent the interests of persons who hold a
valid license to practice veterinary medicine and surgery may
bring private suit to enjoin: (1) the practice of veterinary
medicine and surgery by any veterinary medical practice that is
not in compliance with this Act or the Veterinary Medicine and
Surgery Practice Act of 2004 or (2) the activities of any
veterinary medical practice during all such times as any
employee of the practice individually or collectively,
directly or indirectly, who is not licensed pursuant to that
Act, provides veterinary medical or surgical treatment,
consultation, or advice. The interested person or association
may also prosecute such claims, wherein the court may order
civil fines against the corporation for violations of this Act
or the Veterinary Medicine and Surgery Practice Act of 2004 to
be paid to the Department of Financial and Professional
Regulation in amounts determined by the Department consistent

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with the Department's powers under Sections 25 and 25.18 of the
Veterinary Medicine and Surgery Practice Act of 2004 and all
other applicable provisions of the Veterinary Medicine and
Surgery Practice Act of 2004. Any such interested person or
association who is a successful party to such a suit shall
receive from the unsuccessful party against whom the suit was
brought all reasonable attorney's fees, court costs, and other
costs of prosecution.
Section 20. Client relationship not altered. This Act does
not alter any law applicable to the relationship between a
veterinarian furnishing medical service and a client receiving
such service, including liability arising out of such service.
Section 25. Discipline under the Veterinary Medicine and
Surgery Practice Act of 2004. An individual employee licensed
pursuant to the Veterinary Medicine and Surgery Practice Act of
2004 who is employed by a veterinary practice subject to this
Act shall remain subject to reprimand or discipline for his or
her conduct under the provisions of that Act.
Section 95. Severability. If any provision of this Act or
the application thereof to any person or circumstances is
invalid, such invalidity shall not affect other provisions or
applications of this Act which can be given effect without the
invalid provision or application, and to this end the

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provisions of this Act are declared to be severable.