Bill Text: IL SB3590 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that it is grounds for discipline if any person with a license or certification under the Act charges in excess of $250 without an express prior authorization for services performed on an animal. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3590 Detail]

Download: Illinois-2011-SB3590-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3590 Introduced 2/10/2012, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED:
225 ILCS 115/25 from Ch. 111, par. 7025
Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that it is grounds for discipline if any person with a license or certification under the Act charges in excess of $250 without an express prior authorization for services performed on an animal. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Veterinary Medicine and Surgery Practice Act
of 2004 is amended by changing Section 25 as follows:
(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(Section scheduled to be repealed on January 1, 2014)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 this Act.
C. Conviction of any crime under the laws of the United
States or any state or territory of the United States that
is a felony or that is a misdemeanor, an essential element
of which is dishonesty, or of any crime that is directly
related to the practice of the profession.

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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 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
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for professional services not actually or personally
rendered.

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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, 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
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

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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
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.

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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.
HH. Charging in excess of $250 without an express prior
authorization for services performed on an animal.
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

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admission or judicial admission and issues an order so finding
and discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee or certificate holder
be allowed to resume his practice.
3. All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be commenced
within 3 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), no action shall be commenced more than 5 years after the
date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act, except
as otherwise provided by law. The time during which the holder
of the license or certificate was outside the State of Illinois
shall not be included within any period of time limiting the

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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
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

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individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Secretary for
a determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(Source: P.A. 96-1322, eff. 7-27-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.