Bill Text: IL HB5377 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that no person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship. Changes the definition of "veterinarian-client-patient relationship" to include a licensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable and appropriate medical care if he or she is unavailable. Adds exemptions from the Act for certain specified persons. Requires a veterinarian to maintain patient records, which shall include certain specified information, for a minimum of 5 years from the date of the last known contact with an animal patient. Increases the maximum civil penalty allowed for a violation of the Act from $5,000 to $10,000. Makes several changes to the definition of "practice of veterinary medicine". Makes changes to the definitions of "accredited program in veterinary technology", "certified veterinary technician", and "complementary, alternative, and integrative therapies". Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinary prescription drugs", and "veterinary specialist". Replaces all references in the Act to "Director" with "Secretary". Makes other changes. Also makes technical changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2020. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1322 [HB5377 Detail]

Download: Illinois-2009-HB5377-Enrolled.html

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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Sections 1, 3, 4, 5, 6, 7,
14.1, 25, 25.1, 25.2, 25.4, 25.6, 25.7, 25.8, 25.9, 25.10,
25.13, 25.17, and 25.18 and by adding Section 5.5 as follows:
(225 ILCS 115/1) (from Ch. 111, par. 7001)
(Section scheduled to be repealed on January 1, 2014)
Sec. 1. The practice of veterinary medicine in the State of
Illinois is declared to promote the public health, safety, and
welfare by ensuring the delivery of competent veterinary
medical care and is subject to State regulation and control in
the public interest. It is further declared to be a matter of
public interest and concern that the practice of veterinary
medicine is a privilege conferred by legislative grant only to
persons possessed of the professional qualifications specified
in this Act. The practice of veterinary medicine in the State
of Illinois is declared to affect the public health, safety and
welfare and to be subject to State regulation and control in
the public interest. It is further declared to be a matter of
public interest and concern that the veterinary profession
merit and receive the confidence of the public and that only

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qualified and licensed persons be permitted to practice
veterinary medicine.
(Source: P.A. 83-1016.)
(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).
"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

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technology in this State has graduated from a veterinary
technology program accredited by the Committee on Veterinary
Technician Education and Activities of the American Veterinary
Medical Association who has filed an application with the
Department, paid the fee, passed the examination as prescribed
by rule, and works under a supervising veterinarian.
"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. "Complementary,
alternative, and integrative therapies" means preventative,
diagnostic, and therapeutic practices that, at the time they
are performed, may differ from current scientific knowledge or

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for which the theoretical basis and techniques may diverge from
veterinary medicine routinely taught in approved veterinary
medical programs. This includes but is not limited to
veterinary acupuncture, acutherapy, acupressure, veterinary
homeopathy, veterinary manual or manipulative therapy (i.e.
therapies based on techniques practiced in osteopathy,
chiropractic medicine, or physical medicine and therapy),
veterinary nutraceutical therapy, veterinary phytotherapy, or
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.
"Director" means the Director of Professional Regulation.
"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

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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,

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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
Directly or indirectly consulting, diagnosing, prognosing,
correcting, supervising, or recommending treatment of an
animal for the prevention, cure, or relief of a wound,
fracture, bodily injury, defect, disease, or physical or
mental condition by any method or mode.
(2) (Blank). Prescribing, dispensing, or administering
a drug, medicine, biologic appliance, application, or
treatment of whatever nature.
(3) Performing upon an animal a surgical or dental
operation or a complementary, alternative, or integrative
veterinary medical procedure.
(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

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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 procedure for the
diagnoses 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.

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"Therapeutic" means the treatment, control, and prevention
of disease.
"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

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medical care of therapy.
"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

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diagnosing, prognosing, writing prescriptions, or surgery.
(Source: P.A. 93-281, eff. 12-31-03.)
(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 or lecturing.
(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.

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(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

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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

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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.

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(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 An
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

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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.)

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(225 ILCS 115/5) (from Ch. 111, par. 7005)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5. 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

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veterinary medicine.
(Source: P.A. 93-281, eff. 12-31-03.)
(225 ILCS 115/5.5 new)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5.5. Practice outside veterinarian-client-patient
relationship prohibited. No person may practice veterinary
medicine in the State except within the context of a
veterinarian-client-patient relationship.
(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 Director shall adopt promulgate 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 shall include
standards and criteria for licensure, certification, and
professional conduct and discipline. The Department shall
consult with the Board in promulgating rules. Notice of

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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 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. 88-424.)
(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 Director 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
Director, 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.

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Members shall serve 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
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 Director shall consider the recommendations made by
the State Veterinary Medical Association in making
appointments.
The Secretary Director may terminate the appointment of any
member for cause which in the opinion of the Secretary Director
reasonably justifies such termination.
The Board shall annually elect a Chairman who shall be a
Veterinarian.
The Secretary Director 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.

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Members of the Board shall be entitled to receive a per
diem at a rate set by the Secretary Director and shall be
reimbursed for all authorized expenses incurred in the 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. 91-827, eff. 6-13-00.)
(225 ILCS 115/14.1) (from Ch. 111, par. 7014.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14.1. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act for unlicensed practice or practice on
a nonrenewed license or certificate. The Department shall
notify the person that payment of fees and fines shall be paid
to the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department shall
automatically terminate the license or certificate or deny the
application, without hearing. If, after termination or denial,

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the person seeks a license or certificate, he or she shall
apply to the Department for restoration or issuance of the
license or certificate and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this application.
The Secretary Director may waive the fines due under this
Section in individual cases where the Secretary Director finds
that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(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 action as the Department may deem appropriate,
including fines not to exceed $1,000 for each violation, 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 promulgated under this Act.
C. Conviction of any crime under the laws of the United

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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. Making any misrepresentation for the purpose of
obtaining licensure or certification, or violating any
provision of this Act or the rules adopted pursuant to
promulgated under this Act pertaining to advertising.
E. Professional incompetence.
F. 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 addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
K. Discipline by another state, 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. Directly or indirectly giving to or receiving from

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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 the
profession with reasonable judgment judgement, skill, or
safety.
P. Solicitation of professional services other than
permitted advertising.
Q. 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

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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. 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

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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. 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 of the Criminal Code of 1961.
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

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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; and upon the recommendation of the
Board to the Secretary Director 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 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

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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 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
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied as determined by the Department
of Revenue.
5. In enforcing this Section, 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

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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
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a

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hearing by the Board.
(Source: P.A. 93-281, eff. 12-31-03.)
(225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.1. (a) If any person violates a provision of this
Act, the Secretary Director may, in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, 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 shall practice as a veterinarian or hold
himself 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 Director, 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

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rule to show cause why an order to cease and desist should not
be entered against him. 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. 83-1016.)
(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. 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 in
writing the applicant for, or holder of, a license or
certificate of the nature of the charges and that a hearing
will be held on the date designated. The Department shall
direct the applicant, certificate holder, or licensee to file a
written answer 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 and that the license or certificate may be

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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 Director 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. 87-1031; 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 shall have the power to subpoena
and bring before it any person in this State and to take
testimony either orally or by deposition, or both, with the

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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 Director, the designated hearing officer,
and every member of the Board shall have power to administer
oaths to witnesses at any hearing which the Department is
authorized by law to conduct, and any other oaths required or
authorized in any Act administered by the Department.
(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. Written report. At the conclusion of the hearing
the Board shall present to the Secretary Director 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 Director.
The report of findings of fact, conclusions of law and
recommendation of the Board shall be the basis for the
Department's order or refusal or for the granting of a license,
certificate, or permit. If the Secretary Director disagrees in
any regard with the report of the Board, then the Secretary
Director may issue an order in contravention thereof. The

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Secretary Director 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. 88-424.)
(225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.7. Procedure upon refusal to license or issue
certificate. In any 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 Director 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

HB5377 Enrolled - 34 - LRB096 19948 ASK 35428 b
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. 88-424.)
(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 Director.
Whenever the Secretary Director is satisfied that substantial
justice has not been done in the revocation, suspension, or
refusal to issue or renew a license or certificate, the
Secretary Director may order a rehearing by the Board or a
designated hearing officer.
(Source: P.A. 88-424.)
(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.
Notwithstanding the provisions of Section 25.2 of this Act, the
Secretary Director 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 Director shall notify the Board of any
appointment. The hearing officer shall have full authority to

HB5377 Enrolled - 35 - LRB096 19948 ASK 35428 b
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 Director. 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 Director. If the
Board fails to present its report within the 60 day period,
then the Secretary Director may issue an order based on the
report of the hearing officer. If the Secretary Director
disagrees in any regard with the report of the Board or hearing
officer, then the Secretary Director may issue an order in
contravention of the report. The Secretary Director 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. 88-424.)
(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
Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the

HB5377 Enrolled - 36 - LRB096 19948 ASK 35428 b
Secretary Director;
(b) the Secretary Director is duly appointed and
qualified; and
(c) the Board and the members thereof are qualified to
act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.13. The Secretary Director may temporarily suspend
the license of a 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 Director finds
that evidence in his possession indicates that a veterinarian's
continuation in practice would constitute an imminent danger to
the public. In the event that the Secretary Director suspends,
temporarily, the license of a veterinarian without a hearing, a
hearing by the Board must be held within 30 days after such
suspension has occurred.
(Source: P.A. 83-1016.)
(225 ILCS 115/25.17)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.17. Disclosure of patient records; maintenance
information.
(a) No veterinarian shall be required to disclose any

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information concerning the veterinarian's care of an animal
except on written authorization or other waiver by the
veterinarian's client or on appropriate court order or
subpoena. Any veterinarian releasing information under written
authorization, or other waiver by the client, or court order of
subpoena is not liable to the client or any other person. The
privilege provided by this Section is waived to the extent that
the veterinarian's client or the owner of the animal places the
care and treatment or the nature and extent of injuries to the
animal at issue in any civil or criminal proceeding. When
communicable disease laws, cruelty to animal laws, or laws
providing for public health and safety are involved, the
privilege provided by this Section is waived.
(b) Copies of patient records must be released to the
client upon written request as provided for by rule.
(c) Each person who provides veterinary medical services
shall maintain appropriate patient records as defined by rule.
The patient records are the property of the practice and the
practice owner. Patient records shall, if applicable, include
the following:
(1) patient identification;
(2) client identification;
(3) dated reason for visit and pertinent history;
(4) physical exam findings;
(5) diagnostic, medical, surgical or therapeutic
procedures performed;

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(6) all medical treatment must include identification
of each medication given in the practice, together with the
date, dosage, and route of administration and frequency and
duration of treatment;
(7) all medicines dispensed or prescribed must be
recorded, including directions for use and quantity;
(8) any changes in medications or dosages, including
telephonically or electronically initiated changes, must
be recorded;
(9) if a necropsy is performed, then the record must
reflect the findings;
(10) any written records and notes, radiographs,
sonographic images, video recordings, photographs or other
images, and laboratory reports;
(11) other information received as the result of
consultation;
(12) identification of any designated agent of the
client for the purpose of authorizing veterinary medical or
animal health care decisions; and
(13) any authorizations, releases, waivers, or other
related documents.
(d) Patient records must be maintained for a minimum of 5
years from the date of the last known contact with an animal
patient.
(e) Information and records related to patient care shall
remain confidential except as provided in subsections (a) and

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(b) of this Section.
(Source: P.A. 88-424.)
(225 ILCS 115/25.18)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.18. 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 forfeit and pay a civil penalty to
the Department in an amount not to exceed $10,000 $5,000 for
each offense as determined by the Department. The civil penalty
shall be assessed by the Department in accordance with the
provisions set forth in 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. 88-424.)
Section 99. Effective date. This Act takes effect upon
becoming law.