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| Public Act 103-0505
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| SB2059 Enrolled | LRB103 28981 AMQ 55367 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Sections 4.34 and 4.39 as follows:
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(5 ILCS 80/4.34) |
Sec. 4.34. Acts and Section repealed on January 1, 2024. |
The following Acts and
Section of an Act are repealed
on |
January 1, 2024: |
The Crematory Regulation Act. |
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.
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The Veterinary Medicine and Surgery Practice Act of |
2004. |
(Source: P.A. 102-291, eff. 8-6-21.)
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(5 ILCS 80/4.39) |
Sec. 4.39. Acts repealed on January 1, 2029 and December |
31, 2029. |
(a) The following Act is repealed on January 1, 2029: |
The Environmental Health Practitioner Licensing Act. |
The Veterinary Medicine and Surgery Practice Act of |
2004. |
(b) The following Act is repealed on December 31, 2029: |
The Structural Pest Control Act.
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(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; |
101-81, eff. 7-12-19.)
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Section 10. The Veterinary Medicine and Surgery Practice |
Act of 2004 is amended by changing Sections 3, 4, 8, 10, 10.5, |
11, 12, 14.1, 25, 25.2, 25.6, 25.7, 25.9, 25.15, 25.17, and 27 |
and by adding Sections 3.5 and 4.5 as follows:
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(225 ILCS 115/3) (from Ch. 111, par. 7003)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 3. Definitions. The
following terms have the meanings |
indicated, unless the context requires
otherwise:
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"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 |
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Council
on Education of the American Veterinary Medical |
Association (AVMA).
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"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.
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"Board" means the Veterinary Licensing and Disciplinary |
Board.
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"Certified veterinary technician" means a person who is |
validly and currently licensed to practice veterinary |
technology in this State.
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"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.
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"Complementary, alternative, and integrative therapies" |
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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.
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"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
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any circumstance, the responsibility for the welfare of the |
patient remains
with the veterinarian receiving consultation.
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"Department" means the Department of Financial and |
Professional Regulation.
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"Direct supervision" means the supervising veterinarian is |
readily available on the premises
where the animal is being |
treated.
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"Email address of record" means the designated email |
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address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
"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.
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"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.
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"Licensed veterinarian" means a person who is validly and |
currently licensed to practice veterinary medicine in this |
State. |
"Patient" means an animal or group of animals that is |
examined or treated by a veterinarian.
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"Person" means an individual, firm, partnership (general, |
limited, or limited
liability), association, joint venture, |
cooperative, corporation, limited
liability company, or any |
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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
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other representative of such person.
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"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, |
such as telemedicine, ; including the performance of one or |
more of the
following:
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(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.
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(2) (Blank).
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(3) Performing upon an animal a surgical or dental |
operation.
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(3.5) Performing upon an animal complementary, |
alternative, or integrative therapy.
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(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.
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(5) Determining the health and fitness of an animal.
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(6) Representing oneself, directly or indirectly, as |
engaging in the
practice of veterinary medicine.
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(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.
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"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 |
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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:
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(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;
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(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
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personally acquainted with the keeping and care of the |
animal by virtue of an in-person
examination of the animal |
or by medically appropriate and timely visits to the
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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 the |
veterinarian with the prior relationship he or she is |
unavailable; and
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(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 |
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another available veterinarian who has access to the |
animal patient's records to provide reasonable and |
appropriate medical care.
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"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 a veterinarian: (1) who has |
been awarded and maintains certification from a veterinary |
specialty organization recognized by the American Board of |
Veterinary Specialties; (2) who has been awarded and maintains |
certification from a veterinary certifying organization whose |
standards have been found by the Board to be equivalent to or |
more stringent than those of American Board of Veterinary |
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Specialties-recognized veterinary specialty organizations; or |
(3) who otherwise meets criteria that may be established by |
the Board to support a claim to be a veterinary specialist 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
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the veterinarian. Those services, however, shall not include |
diagnosing,
prognosing, prescribing writing prescriptions, or |
surgery.
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(Source: P.A. 98-339, eff. 12-31-13.)
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(225 ILCS 115/3.5 new) |
Sec. 3.5. Address of record; email address of record. All |
applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of a license; and |
(2) inform the Department of any change of address
of |
record or email address of record within 14 days after |
such change either through the Department's website or by |
contacting the Department's licensure maintenance unit.
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(225 ILCS 115/4) (from Ch. 111, par. 7004)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 4. Exemptions. Nothing in this Act shall apply to any |
of the
following:
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(1) Veterinarians employed by the federal or State |
government while
engaged in their official duties.
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(2) Licensed veterinarians from other states who are |
invited to Illinois
for consultation by a veterinarian |
licensed in Illinois.
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(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.
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(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 |
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veterinarian licensed in Illinois,
acting with informed |
consent from the client and acting under the direct or
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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.
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(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
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instructors or working under the immediate or direct |
supervision of a licensed veterinarian.
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(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.
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(6) Any person engaged in bona fide scientific |
research which
requires
the use of animals.
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(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 |
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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.
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(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
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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
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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).
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(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 |
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veterinarian-client-patient relationship and with |
informed consent from the client and the member is acting
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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
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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).
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(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.
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(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 |
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of his or her employment only as permitted by the Humane |
Euthanasia in Animal Shelters Act.
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(12) A person who, without expectation of |
compensation, provides emergency
veterinary care in an |
emergency or disaster situation so long as the person he |
or she does
not represent oneself himself or herself as a |
veterinarian or use a title or degree
pertaining to the |
practice of veterinary medicine and surgery.
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(13) Any certified veterinary technician or other |
employee of a licensed
veterinarian performing permitted |
duties other than diagnosis, prognosis, prescribing |
prescription,
or surgery under the appropriate direction |
and supervision of the veterinarian, who shall
be |
responsible for the performance of the employee.
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(13.5) Any pharmacist licensed in the State, merchant, |
or manufacturer selling at a 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 provided |
he or she provides do not include diagnosing, prognosing, |
prescribing writing prescriptions, or surgery.
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(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.
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(15) An individual providing equine dentistry services |
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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
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teeth without the use of drugs or extraction.
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(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.
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(16) Private treaty sale of animals unless otherwise |
provided by law.
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(Source: P.A. 98-339, eff. 12-31-13.)
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(225 ILCS 115/4.5 new) |
Sec. 4.5. Telemedicine. Telemedicine occurs when either |
the animal who is receiving the care is located in the State |
when receiving telemedicine treatment or the veterinarian |
providing the care to the animal is located in the State when |
providing telemedicine treatment, pursuant to the provisions |
of Section 5. Telemedicine may only be used when a |
veterinarian has an established veterinarian-client-patient |
relationship. Telemedicine may be used in the following |
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circumstances: |
(1) when a physical examination of the patient has |
been conducted within one year; and |
(2) if it is possible to make a diagnosis and create a |
treatment plan without a recent physical examination based |
on professional standards of care. |
A veterinarian shall not substitute telehealth, |
teleadvice, telemedicine, or teletriage when a physical |
examination is warranted or necessary for an accurate |
diagnosis of any medical condition or creation of an |
appropriate treatment plan. All minimum standards of practice |
and provisions under this Act and rules shall be maintained. |
A veterinarian shall ensure that any technology used in |
the provision of telemedicine is sufficient and of appropriate |
quality to provide accurate remote assessment and diagnosis. A |
veterinarian shall meet all recordkeeping requirements |
pursuant to subsection (c) of Section 25.17. |
A supervising veterinarian may delegate telemedicine |
services to a certified veterinary technician who is acting |
under direct or indirect supervision and in accordance with |
the Act and rules. A valid veterinarian-client-patient |
relationship established by a physical examination conducted |
by the supervising veterinarian must exist for the certified |
veterinary technician to provide delegated telemedicine |
services. |
A veterinarian and a certified veterinary technician |
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providing telemedicine services shall, at the time of service, |
provide the veterinarian or certified veterinary technician's |
contact information, including the veterinarian or certified |
veterinary technician's full name, to the client or practice |
using the service. All telemedicine records shall be provided |
to the client upon request.
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(225 ILCS 115/8) (from Ch. 111, par. 7008)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 8. Qualifications. A person is qualified to receive a |
license if the applicant he
or she: (1)
is of good moral |
character; (2) has graduated from an accredited college or
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school of veterinary medicine;
and (3) has passed the |
examination
authorized
by the Department to determine fitness |
to hold a license.
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Applicants for licensure from non-accredited veterinary |
schools are
required
to
successfully complete a program of |
educational equivalency as established by
rule. At a minimum, |
this program shall include all of the following:
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(1) A certified transcript indicating graduation from |
such college.
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(2) Successful completion of a communication ability |
examination designed
to assess communication skills, |
including a command of the English language.
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(3) Successful completion of an examination or |
assessment mechanism
designed to evaluate educational |
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equivalence, including both preclinical and
clinical |
competencies.
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(4) Any other reasonable assessment mechanism designed |
to ensure an
applicant possesses the educational |
background necessary to protect the public
health and |
safety.
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Successful completion of the criteria set forth in this |
Section shall
establish education equivalence as one of the |
criteria for licensure set forth
in this Act. Applicants under |
this Section must also meet all other statutory
criteria for |
licensure prior to the issuance of any such license, including
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graduation from veterinary school.
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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.
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In determining moral character under this Section, the |
Department may take
into consideration any felony conviction |
of the applicant, but such a
conviction shall not operate as a |
bar to obtaining a license. The Department
may also request |
the applicant to submit and may consider as evidence of
moral |
character, endorsements from 2 individuals licensed under this |
Act.
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(Source: P.A. 93-281, eff. 12-31-03.)
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(225 ILCS 115/10) (from Ch. 111, par. 7010)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 10. Application for licensure. A person who desires |
to obtain a
license as a veterinarian or a certificate as a |
veterinary technician
shall apply to the Department on forms |
provided by the Department. Each
application shall be |
accompanied by proof of qualifications and shall be
verified |
by the applicant under oath and be accompanied by the required |
fee.
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If an applicant neglects, fails, or refuses to take an |
examination or fails to pass an examination for a license or |
otherwise fails to complete the application process under this |
Act within 3 years after filing the applicant's application, |
the application shall be denied. However, such applicant may |
make a new application for examination accompanied by the |
required fee and must furnish proof of meeting qualifications |
for examination in effect at the time of new application. |
(Source: P.A. 88-424.)
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(225 ILCS 115/10.5)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 10.5. Social Security Number or federal individual |
taxpayer identification number on license application. In |
addition
to any other information required to be contained in |
the application, every
application for an original license |
under this Act shall
include the applicant's Social Security |
|
Number or federal individual taxpayer identification number, |
which shall be retained in the agency's records pertaining to |
the license. As soon as practical, the Department shall assign |
a customer's identification number to each applicant for a |
license. |
Every application for a renewal or restored license shall |
require the applicant's customer identification number.
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(Source: P.A. 97-400, eff. 1-1-12.)
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(225 ILCS 115/11) (from Ch. 111, par. 7011)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 11. Practice pending licensure. A person holding the |
degree of Doctor of
Veterinary Medicine, or its equivalent, |
from an accredited college of
veterinary medicine,
and who has |
applied in writing to the Department for a license to practice
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veterinary medicine and surgery in any of its branches, and |
who has fulfilled
the requirements of Section 8 of this Act, |
with the exception of receipt of
notification of his or her |
examination results, may practice under the direct
supervision |
of a veterinarian who is licensed in this State,
until: (1) the |
applicant has been notified of his or her failure to pass the |
examination
authorized by the Department; (2) the applicant |
has withdrawn his or her
application; (3) the applicant has |
received a license from the Department after successfully |
passing the examination authorized by the Department; or (4) |
the applicant has been notified by the Department to cease and |
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desist from practicing.
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The applicant shall perform only those acts
that may be |
prescribed by and incidental to his or her employment and |
those acts
shall be performed under the direction of a |
supervising veterinarian who is licensed in this State. The |
applicant shall not be entitled to otherwise engage in the
|
practice of
veterinary medicine until fully licensed in this |
State.
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The Department shall
immediately notify, by certified |
mail, the supervising
veterinarian employing the applicant and |
the applicant that the applicant shall immediately cease and |
desist from practicing if the applicant (1) practices outside |
his or her employment under a licensed veterinarian; (2) |
violates any provision of this Act; or (3) becomes ineligible |
for licensure under this Act.
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(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09; |
96-1000, eff. 7-2-10.)
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(225 ILCS 115/12) (from Ch. 111, par. 7012)
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(Section scheduled to be repealed on January 1, 2024)
|
Sec. 12. Renewal and inactive status; restoration; |
military service. |
(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 the licensee 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 the |
licensee he or she furnishes the Department with satisfactory |
evidence to the effect that the licensee he or she has been so |
engaged and that the licensee's his or her service, training, |
or education has been so terminated. |
(d) Any licensee
who notifies the Department in writing on |
the prescribed form may place the licensee's his or
her license |
or certification on an inactive status and shall, subject to |
|
rule,
be exempt from payment of the renewal fee until the |
licensee he or she notifies the Department in writing of
the |
licensee's 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 the renewal |
applicant's his or her license or
certification as provided in |
this Act.
|
(f) Any licensee whose license is in inactive, expired, or |
suspended status shall not practice
veterinary medicine and |
surgery in this State.
|
(Source: P.A. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/14.1) (from Ch. 111, par. 7014.1)
|
(Section scheduled to be repealed on January 1, 2024)
|
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, the
person seeks a |
license or certificate, the person 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
may |
waive the fines due under this Section in individual cases |
where the Secretary
finds that the fines would be unreasonable |
or unnecessarily
burdensome.
|
(Source: P.A. 96-1322, eff. 7-27-10.)
|
(225 ILCS 115/25) (from Ch. 111, par. 7025)
|
(Section scheduled to be repealed on January 1, 2024)
|
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 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.
|
D. Fraud or 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.
|
E. Professional incompetence.
|
F. 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, or any other |
substance 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.
|
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 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.
|
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.
|
Z. (Blank). 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.
|
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.
|
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 his or |
her profession.
|
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 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,
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.
|
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 who 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.
|
6. (Blank). |
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 2105-15 of the Civil |
Administrative Code of Illinois. |
(Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
|
(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
|
(Section scheduled to be repealed on January 1, 2024)
|
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 of the nature of |
the charges and
the time and place for a hearing on the |
charges. The Department shall direct
the applicant, |
certificate holder, or licensee to file a written answer to |
the charges with 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 or, if in the course of the |
administrative proceeding the party has previously designated |
a specific email address at which to accept electronic service |
for that specific proceeding, by sending a copy by email to the |
party's email address on record.
|
(Source: P.A. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
|
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 25.6. Board 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 |
Secretary's Department's order for refusing to issue, restore, |
or renew a license, or otherwise disciplining a licensee, 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 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. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
|
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 25.7. Motion for rehearing; procedure upon refusal to |
license or issue certificate. In
any hearing 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 Secretary 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 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. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
|
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 25.9. Hearing officers; reports; review. 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 |
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 60 day period, then the |
Secretary may issue an order based on the report
of the hearing |
officer. If the Secretary disagrees with the
recommendation of |
the Board or hearing officer, then the Secretary may issue an |
order in
contravention of the report.
|
(Source: P.A. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
|
(Section scheduled to be repealed on January 1, 2024)
|
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 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. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/25.17)
|
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 25.17. Disclosure of patient records; maintenance. |
(a) No veterinarian shall be required to
disclose any |
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; |
(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 a an animal |
patient. |
(e) Information and records related to patient care shall |
remain confidential except as provided in subsections (a) and |
(b) of this Section. |
|
(Source: P.A. 96-1322, eff. 7-27-10.)
|
(225 ILCS 115/27) (from Ch. 111, par. 7027)
|
(Section scheduled to be repealed on January 1, 2024)
|
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 or |
sent electronically to the last known email address of record.
|
(Source: P.A. 98-339, eff. 12-31-13.)
|
(225 ILCS 115/23 rep.)
|
Section 15. The Veterinary Medicine and Surgery Practice |
Act of 2004 is amended by repealing Section 23.
|
Section 99. Effective date. This Section and Section 5 |
take effect upon becoming law.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
