Bill Text: IL HB2517 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Defines "address of record" and "veterinarian". Makes changes to provisions concerning exemptions, restrictions on practice, administration of the Act, the Veterinarian Licensing and Disciplinary Board, renewal of licenses, licensure without examination, fees, continuing education, advertisements, disciplinary actions, injunctions, investigations, hearings, records, and violations of the Act. Provides that veterinarians have authority to dispense drugs in emergency situations as specified in the Act and that all information collected by the Department of Financial and Professional Regulation in the course of an examination or investigation of a licensee or applicant shall be maintained for the confidential use of the Department. Effective December 31, 2013.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0339 [HB2517 Detail]

Download: Illinois-2013-HB2517-Chaptered.html

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Public Act 098-0339
HB2517 Enrolled LRB098 10264 MGM 40435 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.24 and by adding Section 4.34 as follows:
(5 ILCS 80/4.24)
Sec. 4.24. Acts and Section repealed on January 1, 2014.
The following Acts and Section of an Act are repealed on
January 1, 2014:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 97-1139, eff. 12-28-12.)
(5 ILCS 80/4.34 new)
Sec. 4.34. Act repealed on January 1, 2024. The following

Act is repealed on January 1, 2024:
The Veterinary Medicine and Surgery Practice Act of 2004.
Section 10. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing the title of the Act and
Sections 3, 4, 5, 6, 7, 12, 13, 14, 16, 24, 25, 25.1, 25.2,
25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 25.11, 25.13,
25.14, 25.15, 25.16, 25.18, 26, and 27 and by adding Sections
19.1 and 25.2a as follows:
(225 ILCS 115/3) (from Ch. 111, par. 7003)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3. Definitions. The following terms have the meanings
indicated, unless the context requires otherwise:
"Accredited college of veterinary medicine" means a
veterinary college, school, or division of a university or
college that offers the degree of Doctor of Veterinary Medicine
or its equivalent and that is accredited by the Council on
Education of the American Veterinary Medical Association
(AVMA).
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's

website or by contacting the Department.
"Accredited program in veterinary technology" means any
post-secondary educational program that is accredited by the
AVMA's Committee on Veterinary Technician Education and
Activities or any veterinary technician program that is
recognized as its equivalent by the AVMA's Committee on
Veterinary Technician Education and Activities.
"Animal" means any animal, vertebrate or invertebrate,
other than a human.
"Board" means the Veterinary Licensing and Disciplinary
Board.
"Certified veterinary technician" means a person who is
validly and currently licensed to practice veterinary
technology in this State.
"Client" means an entity, person, group, or corporation
that has entered into an agreement with a veterinarian for the
purposes of obtaining veterinary medical services.
"Complementary, alternative, and integrative therapies"
means a heterogeneous group of diagnostic and therapeutic
philosophies and practices, which at the time they are
performed may differ from current scientific knowledge, or
whose theoretical basis and techniques may diverge from
veterinary medicine routinely taught in accredited veterinary
medical colleges, or both. "Complementary, alternative, and
integrative therapies" include, but are not limited to,
veterinary acupuncture, acutherapy, and acupressure;

veterinary homeopathy; veterinary manual or manipulative
therapy or therapy based on techniques practiced in osteopathy,
chiropractic medicine, or physical medicine and therapy;
veterinary nutraceutical therapy; veterinary phytotherapy; and
other therapies as defined by rule.
"Consultation" means when a veterinarian receives advice
in person, telephonically, electronically, or by any other
method of communication from a veterinarian licensed in this or
any other state or other person whose expertise, in the opinion
of the veterinarian, would benefit a patient. Under any
circumstance, the responsibility for the welfare of the patient
remains with the veterinarian receiving consultation.
"Department" means the Department of Financial and
Professional Regulation.
"Direct supervision" means the supervising veterinarian is
readily available on the premises where the animal is being
treated.
"Immediate supervision" means the supervising veterinarian
is in the immediate area, within audible and visual range of
the animal patient and the person treating the patient.
"Impaired veterinarian" means a veterinarian who is unable
to practice veterinary medicine with reasonable skill and
safety because of a physical or mental disability as evidenced
by a written determination or written consent based on clinical
evidence, including deterioration through the aging process,
loss of motor skills, or abuse of drugs or alcohol of

sufficient degree to diminish a person's ability to deliver
competent patient care.
"Indirect supervision" means the supervising veterinarian
need not be on the premises, but has given either written or
oral instructions for the treatment of the animal and is
available by telephone or other form of communication.
"Licensed veterinarian" means a person who is validly and
currently licensed to practice veterinary medicine in this
State.
"Patient" means an animal that is examined or treated by a
veterinarian.
"Person" means an individual, firm, partnership (general,
limited, or limited liability), association, joint venture,
cooperative, corporation, limited liability company, or any
other group or combination acting in concert, whether or not
acting as a principal, partner, member, trustee, fiduciary,
receiver, or any other kind of legal or personal
representative, or as the successor in interest, assignee,
agent, factor, servant, employee, director, officer, or any
other representative of such person.
"Practice of veterinary medicine" means to diagnose,
prognose, treat, correct, change, alleviate, or prevent animal
disease, illness, pain, deformity, defect, injury, or other
physical, dental, or mental conditions by any method or mode;
including the performance of one or more of the following:
(1) Prescribing, dispensing, administering, applying,

or ordering the administration of any drug, medicine,
biologic, apparatus, anesthetic, or other therapeutic or
diagnostic substance, or medical or surgical technique.
(2) (Blank).
(3) Performing upon an animal a surgical or dental
operation.
(3.5) Performing upon an animal complementary,
alternative, or integrative therapy.
(4) Performing upon an animal any manual or mechanical
procedure for reproductive management, including the
diagnosis or treatment of pregnancy, sterility, or
infertility.
(4.5) The rendering of advice or recommendation by any
means, including telephonic and other electronic
communications, with regard to the performing upon an
animal any manual or mechanical procedure for reproductive
management, including the diagnosis or treatment of
pregnancy, sterility, or infertility.
(5) Determining the health and fitness of an animal.
(6) Representing oneself, directly or indirectly, as
engaging in the practice of veterinary medicine.
(7) Using any word, letters, or title under such
circumstances as to induce the belief that the person using
them is qualified to engage in the practice of veterinary
medicine or any of its branches. Such use shall be prima
facie evidence of the intention to represent oneself as

engaging in the practice of veterinary medicine.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supervising veterinarian" means a veterinarian who
assumes responsibility for the professional care given to an
animal by a person working under his or her direction in either
an immediate, direct, or indirect supervision arrangement. The
supervising veterinarian must have examined the animal at such
time as acceptable veterinary medical practices requires,
consistent with the particular delegated animal health care
task.
"Therapeutic" means the treatment, control, and prevention
of disease.
"Veterinarian" means a person who is validly and currently
licensed to practice veterinary medicine in this State.
"Veterinarian-client-patient relationship" means that all
of the following conditions have been met:
(1) The veterinarian has assumed the responsibility
for making clinical judgments regarding the health of an
animal and the need for medical treatment and the client,
owner, or other caretaker has agreed to follow the
instructions of the veterinarian;
(2) There is sufficient knowledge of an animal by the
veterinarian to initiate at least a general or preliminary
diagnosis of the medical condition of the animal. This
means that the veterinarian has recently seen and is

personally acquainted with the keeping and care of the
animal by virtue of an examination of the animal or by
medically appropriate and timely visits to the premises
where the animal is kept, or the veterinarian has access to
the animal patient's records and has been designated by the
veterinarian with the prior relationship to provide
reasonable and appropriate medical care if he or she is
unavailable; and
(3) The practicing veterinarian is readily available
for follow-up in case of adverse reactions or failure of
the treatment regimen or, if unavailable, has designated
another available veterinarian who has access to the animal
patient's records to provide reasonable and appropriate
medical care.
"Veterinarian-client-patient relationship" does not mean a
relationship solely based on telephonic or other electronic
communications.
"Veterinary medicine" means all branches and specialties
included within the practice of veterinary medicine.
"Veterinary premises" means any premises or facility where
the practice of veterinary medicine occurs, including, but not
limited to, a mobile clinic, outpatient clinic, satellite
clinic, or veterinary hospital or clinic. "Veterinary
premises" does not mean the premises of a veterinary client,
research facility, a federal military base, or an accredited
college of veterinary medicine.

"Veterinary prescription drugs" means those drugs
restricted to use by or on the order of a licensed veterinarian
in accordance with Section 503(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 353).
"Veterinary specialist" means that a veterinarian is a
diplomate within an AVMA-recognized veterinary specialty
organization.
"Veterinary technology" means the performance of services
within the field of veterinary medicine by a person who, for
compensation or personal profit, is employed by a licensed
veterinarian to perform duties that require an understanding of
veterinary medicine necessary to carry out the orders of the
veterinarian. Those services, however, shall not include
diagnosing, prognosing, writing prescriptions, or surgery.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/4) (from Ch. 111, par. 7004)
(Section scheduled to be repealed on January 1, 2014)
Sec. 4. Exemptions. Nothing in this Act shall apply to any
of the following:
(1) Veterinarians employed by the federal or State
government while engaged in their official duties.
(2) Licensed veterinarians from other states who are
invited to Illinois for consultation by a veterinarian
licensed in Illinois.
(3) Veterinarians employed by colleges or universities

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

and surgery engaged in duties assigned by their instructors
or working under the immediate or direct supervision of a
licensed veterinarian.
(5.5) Students of an accredited program in veterinary
technology performing veterinary technology duties or
actions assigned by instructors or working under the
immediate or direct supervision of a licensed
veterinarian.
(6) Any person engaged in bona fide scientific research
which requires the use of animals.
(7) An owner of livestock and any of the owner's
employees or the owner and employees of a service and care
provider of livestock caring for and treating livestock
belonging to the owner or under a provider's care,
including but not limited to, the performance of husbandry
and livestock management practices such as dehorning,
castration, emasculation, or docking of cattle, horses,
sheep, goats, and swine, artificial insemination, and
drawing of semen. Nor shall this Act be construed to
prohibit any person from administering in a humane manner
medicinal or surgical treatment to any livestock in the
care of such person. However, any such services shall
comply with the Humane Care for Animals Act.
(8) An owner of an animal, or an agent of the owner
acting with the owner's approval, in caring for, training,
or treating an animal belonging to the owner, so long as

that individual or agent does not represent himself or
herself as a veterinarian or use any title associated with
the practice of veterinary medicine or surgery or diagnose,
prescribe drugs, or perform surgery. The agent shall
provide the owner with a written statement summarizing the
nature of the services provided and obtain a signed
acknowledgment from the owner that they accept the services
provided. The services shall comply with the Humane Care
for Animals Act. The provisions of this item (8) do not
apply to a person who is exempt under item (7).
(9) A member in good standing of another licensed or
regulated profession within any state or a member of an
organization or group approved by the Department by rule
providing assistance that is requested in writing by a
veterinarian licensed in this State acting within a
veterinarian-client-patient relationship and with informed
consent from the client and the member is acting under the
immediate, direct, or indirect supervision and control of
the licensed veterinarian. Providing assistance involves
hands-on active participation in the treatment and care of
the patient, as defined by rule. The licensed veterinarian
shall maintain responsibility for the
veterinarian-client-patient relationship, but shall be
immune from liability, except for willful and wanton
conduct, in any civil or criminal action if a member
providing assistance does not meet the requirements of this

item (9).
(10) A graduate of a non-accredited college of
veterinary medicine who is in the process of obtaining a
certificate of educational equivalence and is performing
duties or actions assigned by instructors in an approved
college of veterinary medicine.
(10.5) A veterinarian who is enrolled in a postgraduate
instructional program in an accredited college of
veterinary medicine performing duties or actions assigned
by instructors or working under the immediate or direct
supervision of a licensed veterinarian or a faculty member
of the College of Veterinary Medicine at the University of
Illinois.
(11) A certified euthanasia technician who is
authorized to perform euthanasia in the course and scope of
his or her employment only as permitted by the Humane
Euthanasia in Animal Shelters Act.
(12) A person who, without expectation of
compensation, provides emergency veterinary care in an
emergency or disaster situation so long as he or she does
not represent himself or herself as a veterinarian or use a
title or degree pertaining to the practice of veterinary
medicine and surgery.
(13) Any certified veterinary technician or other
employee of a licensed veterinarian performing permitted
duties other than diagnosis, prognosis, prescription, or

surgery under the appropriate direction and supervision of
the veterinarian, who shall be responsible for the
performance of the employee.
(13.5) Any pharmacist licensed in the State, merchant,
or manufacturer selling at his or her regular place of
business medicines, feed, appliances, or other products
used in the prevention or treatment of animal diseases as
permitted by law and provided that the services he or she
provides do not include diagnosing, prognosing, writing
prescriptions, or surgery.
(14) An approved humane investigator regulated under
the Humane Care for Animals Act or employee of a shelter
licensed under the Animal Welfare Act, working under the
indirect supervision of a licensed veterinarian.
(15) An individual providing equine dentistry services
requested by a veterinarian licensed to practice in this
State, an owner, or an owner's agent. For the purposes of
this item (15), "equine dentistry services" means floating
teeth without the use of drugs or extraction.
(15.5) In the event of an emergency or disaster, a
veterinarian or veterinary technician not licensed in this
State who (A) is responding to a request for assistance
from the Illinois Department of Agriculture, the Illinois
Department of Public Health, the Illinois Emergency
Management Agency, or other State agency as determined by
the Department; (B) is licensed and in good standing in

another state; and (C) has been granted a temporary waiver
from licensure by the Department.
(16) Private treaty sale of animals unless otherwise
provided by law.
(17) Persons or entities practicing the specified
occupations set forth in subsection (a) of, and pursuant to
a licensing exemption granted in subsection (b) or (d) of,
Section 2105-350 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois, but only for so long as the 2016 Olympic and
Paralympic Games Professional Licensure Exemption Law is
operable.
(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
(225 ILCS 115/5) (from Ch. 111, par. 7005)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5. Restrictions and limitations. No person shall
practice veterinary medicine and surgery in any of its branches
without a valid license to do so. Any person not licensed under
this Act who performs any of the functions described as the
practice of veterinary medicine or surgery as defined in this
Act, who announces to the public in any way an intention to
practice veterinary medicine and surgery, who uses the title
Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,
or who opens an office, hospital, or clinic for such purposes
is considered to have violated this Act and may be subject to

all the penalties provided for such violations.
It shall be unlawful for any person who is not licensed in
this State to provide veterinary medical services from any
state to a client or patient in this State through telephonic,
electronic, or other means, except where a bonafide
veterinarian-client-patient relationship exists.
Nothing in this Act shall be construed to prevent members
of other professions from performing functions for which they
are duly licensed, subject to the requirements of Section 4 of
this Act. Other professionals may not, however, hold themselves
out or refer to themselves by any title or descriptions stating
or implying that they are engaged in the practice of veterinary
medicine or that they are licensed to engage in the practice of
veterinary medicine.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/6) (from Ch. 111, par. 7006)
(Section scheduled to be repealed on January 1, 2014)
Sec. 6. Administration of Act.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing Acts and shall exercise any other
powers and duties necessary for effectuating the purpose of
this Act.
(b) The Secretary may shall adopt rules consistent with the
provisions of this Act for the administration and enforcement

thereof, and for the payment of fees connected therewith, and
may prescribe forms that shall be issued in connection
therewith. The rules may shall include standards and criteria
for licensure, certification, and professional conduct and
discipline. The Department may shall consult with the Board in
promulgating rules. Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review the
Board's response and any recommendations made therein. The
Department shall notify the Board in writing with an
explanation of the deviations in the Board's recommendations
and responses.
(c) The Department may shall solicit the advice and expert
knowledge of the Board on any matter relating to the
administration and enforcement of this Act.
(d) The Department shall issue quarterly to the Board a
report of the status of all complaints related to the
profession received by the Department.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/7) (from Ch. 111, par. 7007)
(Section scheduled to be repealed on January 1, 2014)
Sec. 7. Veterinarian Licensing and Disciplinary Board. The
Secretary shall appoint a Veterinarian Licensing and
Disciplinary Board as follows: 7 persons shall be appointed by
and shall serve in an advisory capacity to the Secretary, 6
members must be licensed, in good standing, veterinarians in

this State, and must be actively engaged in the practice of
veterinary medicine and surgery in this State, and one member
must be a member of the public who is not licensed under this
Act, or a similar Act of another jurisdiction and who has no
connection with the veterinary profession.
Members shall serve 4-year 4 year terms and until their
successors are appointed and qualified, except that of the
initial appointments, one member shall be appointed to serve
for one year, 2 shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and the remaining, one
of which shall be a public member, shall be appointed to serve
for 4 years and until their successors are appointed and
qualified. No member shall be reappointed to the Board for more
than 2 full, consecutive terms. Appointments to fill vacancies
shall be made in the same manner as original appointments, for
the unexpired portion of the vacated term. Initial terms shall
begin upon the effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State. The
Secretary shall consider the recommendations made by the State
Veterinary Medical Association in making appointments.
Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
The Secretary shall have the authority to remove or suspend
any member of the Board for cause at any time before the
expiration of his or her term. may terminate the appointment of

any member for cause which in the opinion of the Secretary
reasonably justifies such termination.
The Board shall annually elect a Chairman who shall be a
Veterinarian.
The Secretary shall consider the advice and
recommendations of the Board on questions involving standards
of professional conduct, discipline and qualifications of
candidates and licensees under this Act.
Members of the Board shall be entitled to receive a per
diem at a rate set by the Secretary and shall be reimbursed for
all legitimate, necessary, and authorized expenses incurred in
the attending the meetings of the Board. exercise of their
duties.
Members of the Board have no liability in any action based
upon any disciplinary proceeding or other activity performed in
good faith as a member of the Board.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/12) (from Ch. 111, par. 7012)
(Section scheduled to be repealed on January 1, 2014)
Sec. 12. Renewal and inactive status; restoration;
military service. Inactive status.
(a) The expiration date and renewal period for each license
or certificate shall be set by rule.
(b) A licensee who has permitted his or her license to
expire or who has had his or her license on inactive status may

have the license restored by making application to the
Department by filing proof acceptable to the Department of his
or her fitness to have the license restored and by paying the
required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of the
license and shall establish procedures and requirements for
restoration.
(c) A licensee whose license expired while he or she was
(1) in federal service on active duty with the Armed Forces of
the United States or the State Militia called into service or
training or (2) in training or education under the supervision
of the United States before induction into the military
service, may have the license restored without paying any
lapsed renewal fees if within 2 years after honorable
termination of the service, training, or education he or she
furnishes the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training, or education has been so terminated.
(d) Any licensee veterinarian or certified veterinary
technician who notifies the Department in writing on the
prescribed form may place his or her license or certification
on an inactive status and shall, subject to rule, be exempt

from payment of the renewal fee and compliance with the
continuing education requirements until he or she notifies the
Department in writing of his or her intention to resume active
status.
(e) Any veterinarian or certified veterinary technician
requesting restoration from inactive or expired status shall be
required to complete the continuing education requirements for
a single license or certificate renewal period, pursuant to
rule, and pay the current renewal fee to restore his or her
license or certification as provided in this Act.
(f) Any licensee veterinarian whose license is in inactive,
expired, or suspended status shall not practice veterinary
medicine and surgery in this State.
A graduate of a non-approved veterinary school who was
issued a work permit by the Department before the effective
date of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of a licensed
veterinarian until the expiration of his or her permit.
(Source: P.A. 93-281, eff. 12-31-03.)
(225 ILCS 115/13) (from Ch. 111, par. 7013)
(Section scheduled to be repealed on January 1, 2014)
Sec. 13. Licensure without examination; endorsement. The
Department may license register as a licensed veterinarian or
certified veterinary technician, without examination, but upon
payment of the required fee, an applicant who has a license or

certificate in good standing to practice in another
jurisdiction. However, the requirements for licensure of
veterinarians and certified veterinary technicians in the
jurisdiction in which the applicant was licensed must have
been, at the date of licensure, substantially equivalent to the
requirements in force in this State on that date.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 88-424.)
(225 ILCS 115/14) (from Ch. 111, par. 7014)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this
Act, including but not limited to original licensure, renewal,
and restoration of a license issued under this Act. The fees
shall be nonrefundable.
All fees, fines, and penalties collected under this Act
shall be deposited into the General Professions Dedicated Fund
and shall be appropriated to the Department for the ordinary
and contingent expenses of the Department in the administration
of this Act.
(Source: P.A. 91-454, eff. 1-1-00.)

(225 ILCS 115/16) (from Ch. 111, par. 7016)
(Section scheduled to be repealed on January 1, 2014)
Sec. 16. Continuing education. As a condition for renewal
of a license, licensees shall be required to complete
continuing education in veterinary medicine in accordance with
rules established by the Department. Proof of having met the
minimum requirements of continuing education as determined by
the Board shall be required of all license and certificate
renewals and restorations. Pursuant to rule, the continuing
education requirements may upon petition be waived in whole or
in part if the veterinarian or veterinary technician can
demonstrate that he or she had served in the Coast Guard or
Armed Forces, had an extreme hardship or obtained such license
or certification by examination or endorsement within the
preceding renewal period.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants; by
requiring the filing of continuing education certificates with
the Department; or by other means established by the
Department.
(Source: P.A. 92-84, eff. 7-1-02.)
(225 ILCS 115/19.1 new)

Sec. 19.1. Authority to dispense drugs in emergency
situations.
(a) A veterinarian licensed under this Act, in the absence
of a traditional veterinarian-client-patient relationship, may
dispense up to 5 days worth of non-controlled substance
medication or up to 3 days worth of controlled substance
medication in an emergency situation if:
(1) the pet has a medical condition that has been
diagnosed by another licensed veterinarian, who then
prescribed medication that, if ceased or skipped, could
result in a decline of the pet's condition or could be
deleterious to the pet's health;
(2) the current veterinarian who prescribed the
medication is unavailable to issue a refill within a timely
manner or the client is not in reasonable proximity to the
initial prescriber to obtain a refill within a timely
manner; and
(3) the client has evidence and can produce evidence of
the ongoing medical need for the prescription, either in
the form of the medical records or most recent prescription
vial or a phone number or other means in which to reach the
current prescriber.
(b) The second veterinarian must keep a record containing:
(1) the name, address, and contact or phone number of
the owner and initial prescriber;
(2) the name, age, sex, and breed of the pet in

question;
(3) the name, strength, and quantity of medication
dispensed, along with use instructions; and
(4) the medical condition and reason medication is
being dispensed.
(c) A maximum of 5 days of medication may be dispensed per
patient per year. All dispensed medication must be properly
labeled and dispensed to the owner. Notification of the
dispensing shall be communicated to the initial prescriber by
the dispensing veterinarian.
(d) A veterinarian shall not be required to dispense
medication under this provision.
(225 ILCS 115/24) (from Ch. 111, par. 7024)
(Section scheduled to be repealed on January 1, 2014)
Sec. 24. Any person licensed under this Act may advertise
the availability of professional services in the public media
or on the premises where such professional services are
rendered as permitted by law; provided that such advertising is
truthful and not misleading and is in conformity with rules
promulgated by the Department. Advertisements shall not
include false, fraudulent, deceptive, or misleading material
or guarantees of success.
(Source: P.A. 83-1016.)
(225 ILCS 115/25) (from Ch. 111, par. 7025)

(Section scheduled to be repealed on January 1, 2014)
Sec. 25. Disciplinary actions.
1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 $1,000 for each violation and the assessment of costs
as provided for in Section 25.3 of this Act, with regard to any
license or certificate for any one or combination of the
following:
A. Material misstatement in furnishing information to
the Department.
B. Violations of this Act, or of the rules adopted
pursuant to this Act.
C. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession. of any crime under the laws of
the United States or any state or territory of the United
States that is a felony or that is a misdemeanor, an
essential element of which is dishonesty, or of any crime

that is directly related to the practice of the profession.
D. Fraud or Making any misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act. for
the purpose of obtaining licensure or certification, or
violating any provision of this Act or the rules adopted
pursuant to this Act pertaining to advertising.
E. Professional incompetence.
F. Malpractice. Gross malpractice.
G. Aiding or assisting another person in violating any
provision of this Act or rules.
H. Failing, within 60 days, to provide information in
response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
J. Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol addiction to
alcohol, narcotics, stimulants, or any other substance
chemical agent or drug that results in the inability to
practice with reasonable judgment, skill, or safety.
K. Discipline by another state, unit of government,
government agency, District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.

L. Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Directly or
indirectly giving to or receiving from any person, firm,
corporation, partnership or association any fee,
commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or
certificate placed on probationary status, has violated
the terms of probation.
N. Willfully making or filing false records or reports
in his practice, including but not limited to false records
filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act the profession with reasonable judgment, skill, or
safety.
P. Solicitation of professional services other than
permitted advertising.
Q. Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act. Having
professional connection with or lending one's name,
directly or indirectly, to any illegal practitioner of
veterinary medicine and surgery and the various branches

thereof.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled
Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health certificate,
shipping certificate, brand inspection certificate, or
other blank forms used in practice that might lead to the
dissemination of disease or the transportation of diseased
animals dead or alive; or dilatory methods, willful
neglect, or misrepresentation in the inspection of milk,
meat, poultry, and the by-products thereof.
V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety. Failure to (i) file a return,
(ii) pay the tax, penalty, or interest shown in a filed
return, or (iii) pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the

Illinois Department of Revenue, until the requirements of
that tax Act are satisfied.
Z. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of
any law governing the practice of veterinary medicine, if
the Department determines, after investigation, that the
person has not been sufficiently rehabilitated to warrant
the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the
veterinarian.
BB. Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
CC. Practicing under a false or, except as provided by
law, an assumed name.
DD. Violating state or federal laws or regulations
relating to controlled substances or legend drugs. Fraud or
misrepresentation in applying for, or procuring, a license
under this Act or in connection with applying for renewal
of a license under this Act.
EE. Cheating on or attempting to subvert the licensing
examination administered under this Act.
FF. Using, prescribing, or selling a prescription drug
or the extra-label use of a prescription drug by any means

in the absence of a valid veterinarian-client-patient
relationship.
GG. Failing to report a case of suspected aggravated
cruelty, torture, or animal fighting pursuant to Section
3.07 or 4.01 of the Humane Care for Animals Act or Section
26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
Code of 2012.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
2. The determination by a circuit court that a licensee or
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient. In any case where a license is
suspended under this provision, the licensee shall file a
petition for restoration and shall include evidence acceptable
to the Department that the licensee can resume practice in
compliance with acceptable and prevailing standards of their
profession. ; and upon the recommendation of the Board to the
Secretary that the licensee or certificate holder be allowed to
resume his practice.

3. All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be commenced
within 5 3 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), no action shall be commenced more than 5 years after the
date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act, except
as otherwise provided by law. The time during which the holder
of the license or certificate was outside the State of Illinois
shall not be included within any period of time limiting the
commencement of disciplinary action by the Department.
4. The Department may refuse to issue or may suspend
without hearing, as provided for in the Illinois Code of Civil
Procedure, take disciplinary action concerning the license of

any person who fails to file a return, to pay the tax, penalty,
or interest shown in a filed return, or to pay any final
assessment of tax, penalty, or interest as required by any tax
Act administered by the Illinois Department of Revenue, until
such time as the requirements of any such tax Act are satisfied
in accordance with subsection (g) of Section 2105-15 of the
Civil Administrative Code of Illinois. as determined by the
Department of Revenue.
5. In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
or evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or to
provide any testimony regarding the examination and

evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice present
during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a registrant unable to practice because of the reasons
set forth in this Section, the Department shall require such
registrant to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed registration.
In instances in which the Secretary immediately suspends a
registration under this Section, a hearing upon such person's
registration must be convened by the Department within 15 days
after such suspension and completed without appreciable delay.
The Department shall have the authority to review the
registrant's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Individuals registered under this Act that are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their registration. the Board, upon a showing of

a possible violation, may compel a licensee or applicant to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege
relating to communications between a licensee or applicant and
the examining physician or clinical psychologist. An
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by

the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Secretary for
a determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
6. The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
7. In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 1205-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.1. Injunctive actions; orders to cease and desist.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of Illinois
or the State's Attorney of the county in which the violation is
alleged to have occurred, petition, for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in such court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such
violation, and if it is established that such person has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If any person practices shall practice as a

veterinarian or hold himself or herself out as a veterinarian
without being licensed under the provision of this Act then any
licensed veterinarian, any interested party or any person
injured thereby may, in addition to the Secretary, petition for
relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.2. Investigation; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license or
certificate. The Department shall, before refusing to issue, to
renew or discipline a license or certificate under Section 25,
at least 30 days prior to the date set for the hearing, notify
the applicant or licensee in writing the applicant for, or
holder of, a license or certificate of the nature of the

charges and the time and place for that a hearing will be held
on the charges date designated. The Department shall direct the
applicant, certificate holder, or licensee to file a written
answer to the charges with to the Board under oath within 20
days after the service of the notice and inform the applicant,
certificate holder, or licensee that failure to file an answer
will result in default being taken against the applicant,
certificate holder, or licensee. At the time and place fixed in
the notice, the Department shall proceed to hear the charges
and the parties or their counsel shall be accorded ample
opportunity to present any pertinent statements, testimony,
evidence, and arguments. The Department may continue the
hearing from time to time. In case the person, after receiving
the notice, fails to file an answer, his or her license may, in
the discretion of the Department, be revoked, suspended, placed
on probationary status, or the Department may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under the
Act. The written notice and any notice in the subsequent
proceeding may be served by registered or certified mail to the
licensee's address of record. and that the license or
certificate may be suspended, revoked, placed on probationary
status, or other disciplinary action may be taken, including
limiting the scope, nature or extent of practice, as the

Secretary may deem proper. Written notice may be served by
personal delivery or certified or registered mail to the
respondent at the address of his last notification to the
Department. In case the person fails to file an answer after
receiving notice, his or her license or certificate may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. At the time and place fixed in the notice, the Board
shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present any
statements, testimony, evidence, and argument pertinent to the
charges or to their defense. The Board may continue a hearing
from time to time.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.2a new)
Sec. 25.2a. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or to a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 115/25.3) (from Ch. 111, par. 7025.3)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.3. Records of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue,
renew or discipline of a license or certificate. The notice of
hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders of
the Department shall be the record of such proceeding. Any
registrant who is found to have violated this Act or who fails
to appear for a hearing to refuse to issue, restore, or renew a
license or to discipline a licensee may be required by the
Department to pay for the costs of the proceeding. These costs

are limited to costs for court reporters, transcripts, and
witness attendance and mileage fees. All costs imposed under
this Section shall be paid within 60 days after the effective
date of the order imposing the fine.
(Source: P.A. 88-424.)
(225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.4. The Department may shall have the power to
subpoena and bring before it any person in this State and to
take the oral or written testimony or compel the production of
any books, papers, records, or any other documents that the
Secretary or his or her designee deems relevant or material to
an investigation or hearing conducted by the Department either
orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed by law in judicial
procedure in civil cases in courts of this State.
The Secretary, the designated hearing officer, any and
every member of the Board, or a certified shorthand court
reporter may shall have power to administer oaths to witnesses
at any hearing which the Department conducts is authorized by
law to conduct, and any other oaths required or authorized in
any Act administered by the Department. Notwithstanding any
other statute or Department rule to the contrary, all requests
for testimony, production of documents or records shall be in
accordance with this Act.

(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.5) (from Ch. 111, par. 7025.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.5. Any circuit court may, upon application of the
Department or designee or of the applicant or licensee against
whom proceedings upon Section 25 of this Act are pending, may
enter an order requiring the attendance and testimony of
witnesses and their testimony, and the production of relevant
documents, papers, files, books and records in connection with
any hearing or investigation. The court may compel obedience to
its order by proceedings for contempt.
(Source: P.A. 83-1016.)
(225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.6. Board Written report. At the conclusion of the
hearing the Board shall present to the Secretary a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and
shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law and
recommendation of the Board shall be the basis for the

Department's order for refusing to issue, restore, or renew a
license, or otherwise disciplining a licensee, or refusal or
for the granting of a license, certificate, or permit. If the
Secretary disagrees in any regard with the report of the Board,
then the Secretary may issue an order in contravention thereof.
The Secretary shall provide a written report to the Board on
any deviation, and shall specify with particularity the reasons
for the action in the final order. The finding is not
admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for the violation of this Act.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.7. Motion for rehearing; procedure Procedure upon
refusal to license or issue certificate. In any hearing case
under Section 25 involving the refusal to issue, renew, or
discipline a license or certificate, a copy of the Board's
report shall be served upon the respondent by the Department,
either personally or as provided in this Act for the service of
the notice of hearing. Within 20 days after service, the
respondent may present to the Department a motion in writing
for a rehearing. The motion shall specify the particular
grounds for the rehearing. If no motion for rehearing is filed,

then upon the expiration of the time specified for filing a
motion, or if a motion for rehearing is denied, then upon the
denial, then the Secretary may enter an order in accordance
with recommendations of the Board except as provided in Section
25.6 of this Act. If the respondent orders from the reporting
service, and pays for a transcript of the record within the
time for filing a motion for rehearing, the 20 day period
within which such a motion may be filed shall commence upon the
delivery of the transcript to the respondent.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.8) (from Ch. 111, par. 7025.8)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.8. Rehearing ordered by Secretary. Whenever the
Secretary is not satisfied that substantial justice has not
been done in the revocation, suspension, or refusal to issue or
renew a license or certificate, the Secretary may order a
rehearing by the Board or a designated hearing officer.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.9. Hearing officers; reports; review. The
Notwithstanding the provisions of Section 25.2 of this Act, the
Secretary shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as

the hearing officer in any action for refusal to issue, renew,
or discipline of a license, certificate, or permit. The
Secretary shall notify the Board of any appointment. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and the Secretary. The Board shall have 60 days from receipt of
the report to review the report of the hearing officer and
present its findings of fact, conclusions of law, and
recommendations to the Secretary. If the Board fails to present
its report within the 60 day period, then the Secretary may
issue an order based on the report of the hearing officer. If
the Secretary disagrees in any regard with the recommendation
report of the Board or hearing officer, then the Secretary may
issue an order in contravention of the report. The Secretary
shall provide a written explanation to the Board on any
deviation, and shall specify with particularity the reasons for
the action in the final order. At least 2 licensed veterinarian
members of the Board should be present at all formal hearings
on the merits of complaints brought under the provisions of
this Act.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.10. Order or certified copy; prima facie proof. An

order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, shall
be prima facie proof that:
(a) the signature is the genuine signature of the
Secretary; and
(b) the Secretary is duly appointed and qualified. ;
and
(c) the Board and the members thereof are qualified to
act.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.11) (from Ch. 111, par. 7025.11)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.11. Restoration of license or certificate from
discipline. At any time after successful completion of a term
of indefinite probation, suspension, or revocation of a
license, the Department may restore the license, unless, after
an investigation and a hearing, the Secretary determines that
restoration is not in the public interest or that the licensee
has not been sufficiently rehabilitated to warrant the public
trust. No person or entity whose license, certificate, or
authority has been revoked as authorized in this Act may apply
for restoration of that license, certification, or authority
until such time as provided for in the Civil Administrative
Code of Illinois. the suspension or revocation of any license
or certificate, the Department may restore it to the accused

person, upon the written recommendation of the Board unless
after an investigation and a hearing, the Department determines
that restoration is not in the public interest.
(Source: P.A. 88-424.)
(225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.13. Summary suspension. The Secretary may
summarily temporarily suspend the license of a licensee
veterinarian without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 25.2 of this Act, if the Secretary finds that the
evidence in his possession indicates that a licensee's
veterinarian's continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
summarily suspends, temporarily, the license of a veterinarian
without a hearing, a hearing shall be commenced by the Board
must be held within 30 days after such suspension has occurred
and shall be concluded as expeditiously as possible.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/25.14) (from Ch. 111, par. 7025.14)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.14. All final administrative decisions of the
Department are subject to judicial review pursuant to the
provisions of the Administrative Review Law, as now or

hereafter amended, and all rules adopted pursuant thereto. The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, venue shall be Sangamon County.
(Source: P.A. 83-101.)
(225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.15. Certification of record. The Department shall
not be required to certify any record to the Court or file any
answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received
from the plaintiff there is filed in the court, with the
complaint, a receipt from the Department acknowledging payment
of the costs of furnishing and certifying the record, which
costs shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff to
file a receipt in Court shall be grounds for dismissal of the
action.
(Source: P.A. 87-1031.)
(225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
(Section scheduled to be repealed on January 1, 2014)

Sec. 25.16. Any person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for
the first offense. On conviction of a second or subsequent
offense, the violator shall be guilty of a Class 4 felony. All
criminal fines, monies, or other property collected or received
by the Department under this Section or any other State or
federal statute, including, but not limited to, property
forfeited to the Department under Section 505 of The Illinois
Controlled Substances Act or Section 85 of the Methamphetamine
Control and Community Protection Act, shall be deposited into
the Professional Regulation Evidence Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
(225 ILCS 115/25.18)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.18. Civil penalties for unlicensed practice
Penalties.
(a) In addition to any other penalty provided by law, any
person who violates Section 5 of this Act or any other
provision of this Act shall, in addition to any other penalty
provided by law, forfeit and pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense
as determined by the Department and the assessment of costs as
provided for in Section 25.3. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act Section

25.3 through Section 25.10 and Section 25.14.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) All monies collected under this Section shall be
deposited into the Professional Regulation Evidence Fund.
(Source: P.A. 96-1322, eff. 7-27-10.)
(225 ILCS 115/26) (from Ch. 111, par. 7026)
(Section scheduled to be repealed on January 1, 2014)
Sec. 26. Home rule. The regulation and licensing as a
veterinarian are exclusive powers and functions of the State. A
home rule unit may not regulate or license a veterinarian or
the practice of veterinary medicine. This Section is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution. It is declared to be the public policy of this
State, pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any
power or function set forth in this Act to be exercised by the
State is an exclusive State power or function. Such power or
function shall not be exercised concurrently, either directly

or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 115/27) (from Ch. 111, par. 7027)
(Section scheduled to be repealed on January 1, 2014)
Sec. 27. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated into this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee or
certificate holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the license or certificate is specifically excluded. For the
purpose of this Act the notice required under Section 10-25 of
the Illinois Administrative Procedure Act is considered
sufficient when mailed to the last known address of record. a
party.
(Source: P.A. 88-45; 88-424; 88-670, eff. 12-2-94.)
(225 ILCS 115/14.2 rep.)
(225 ILCS 115/15 rep.)
(225 ILCS 115/19 rep.)
(225 ILCS 115/20 rep.)
Section 15. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by repealing Sections 14.2, 15, 19, and
20.
Section 99. Effective date. This Act takes effect December
31, 2013.
INDEX
Statutes amended in order of appearance