|
| | HB2517 Enrolled | | LRB098 10264 MGM 40435 b |
|
|
1 | | AN ACT concerning regulation.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Regulatory Sunset Act is amended by changing |
5 | | Section 4.24 and by adding Section 4.34 as follows:
|
6 | | (5 ILCS 80/4.24)
|
7 | | Sec. 4.24. Acts and Section repealed on January 1, 2014. |
8 | | The following
Acts and Section of an Act are repealed
on |
9 | | January 1, 2014:
|
10 | | The Electrologist Licensing Act.
|
11 | | The Illinois Certified Shorthand Reporters Act of 1984.
|
12 | | The Illinois Occupational Therapy Practice Act.
|
13 | | The Illinois Public Accounting Act.
|
14 | | The Private Detective, Private Alarm, Private Security, |
15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
|
16 | | The Registered Surgical Assistant and Registered Surgical |
17 | | Technologist
Title Protection Act.
|
18 | | Section 2.5 of the Illinois Plumbing License Law. |
19 | | The Veterinary Medicine and Surgery Practice Act of 2004.
|
20 | | (Source: P.A. 97-1139, eff. 12-28-12.)
|
21 | | (5 ILCS 80/4.34 new) |
22 | | Sec. 4.34. Act repealed on January 1, 2024. The following |
|
| | HB2517 Enrolled | - 2 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Act is repealed on January 1, 2024: |
2 | | The Veterinary Medicine and Surgery Practice Act of 2004. |
3 | | Section 10. The Veterinary Medicine and Surgery Practice |
4 | | Act of 2004 is amended by changing the title of the Act and |
5 | | Sections 3, 4, 5, 6, 7, 12, 13, 14, 16, 24, 25, 25.1, 25.2, |
6 | | 25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 25.11, 25.13, |
7 | | 25.14, 25.15, 25.16, 25.18, 26, and 27 and by adding Sections |
8 | | 19.1 and 25.2a as follows:
|
9 | | (225 ILCS 115/3) (from Ch. 111, par. 7003)
|
10 | | (Section scheduled to be repealed on January 1, 2014)
|
11 | | Sec. 3. Definitions. The
following terms have the meanings |
12 | | indicated, unless the context requires
otherwise:
|
13 | | "Accredited college of veterinary medicine" means a |
14 | | veterinary college,
school, or division of a university or |
15 | | college that offers the degree of Doctor
of Veterinary Medicine |
16 | | or its equivalent and that is accredited by the Council
on |
17 | | Education of the American Veterinary Medical Association |
18 | | (AVMA).
|
19 | | "Address of record" means the designated address recorded |
20 | | by the Department in the applicant's or licensee's application |
21 | | file or license file as maintained by the Department's |
22 | | licensure maintenance unit. It is the duty of the applicant or |
23 | | licensee to inform the Department of any change of address, and |
24 | | those changes must be made either through the Department's |
|
| | HB2517 Enrolled | - 3 - | LRB098 10264 MGM 40435 b |
|
|
1 | | website or by contacting the Department. |
2 | | "Accredited program in veterinary technology" means any |
3 | | post-secondary educational program that is accredited by the |
4 | | AVMA's Committee on Veterinary Technician Education and |
5 | | Activities or any veterinary technician program that is |
6 | | recognized as its equivalent by the AVMA's Committee on |
7 | | Veterinary Technician Education and Activities. |
8 | | "Animal" means any animal, vertebrate or invertebrate, |
9 | | other than a human.
|
10 | | "Board" means the Veterinary Licensing and Disciplinary |
11 | | Board.
|
12 | | "Certified veterinary technician" means a person who is |
13 | | validly and currently licensed to practice veterinary |
14 | | technology in this State.
|
15 | | "Client" means an entity, person, group, or corporation |
16 | | that has entered into
an agreement with a veterinarian for the |
17 | | purposes of obtaining veterinary
medical services.
|
18 | | "Complementary, alternative, and integrative therapies" |
19 | | means a heterogeneous group of diagnostic and therapeutic |
20 | | philosophies and practices, which at the time they are |
21 | | performed may differ from current scientific knowledge, or |
22 | | whose theoretical basis and techniques may diverge from |
23 | | veterinary medicine routinely taught in accredited veterinary |
24 | | medical colleges, or both. "Complementary, alternative, and |
25 | | integrative therapies" include, but are not limited to, |
26 | | veterinary acupuncture, acutherapy, and acupressure; |
|
| | HB2517 Enrolled | - 4 - | LRB098 10264 MGM 40435 b |
|
|
1 | | veterinary homeopathy; veterinary manual or manipulative |
2 | | therapy or therapy based on techniques practiced in osteopathy, |
3 | | chiropractic medicine, or physical medicine and therapy; |
4 | | veterinary nutraceutical therapy; veterinary phytotherapy; and |
5 | | other therapies as defined by rule.
|
6 | | "Consultation" means when a veterinarian receives advice |
7 | | in person,
telephonically, electronically, or by any other |
8 | | method of communication from a
veterinarian licensed in this or |
9 | | any other state or other person whose
expertise, in the opinion |
10 | | of the veterinarian, would benefit a patient. Under
any |
11 | | circumstance, the responsibility for the welfare of the patient |
12 | | remains
with the veterinarian receiving consultation.
|
13 | | "Department" means the Department of Financial and |
14 | | Professional Regulation.
|
15 | | "Direct supervision" means the supervising veterinarian is |
16 | | readily available on the premises
where the animal is being |
17 | | treated.
|
18 | | "Immediate supervision" means the supervising veterinarian |
19 | | is in the immediate area, within audible and visual range of |
20 | | the animal patient and the person treating the patient. |
21 | | "Impaired veterinarian" means a veterinarian who is unable |
22 | | to practice
veterinary medicine with reasonable skill and |
23 | | safety because of a physical or
mental disability as evidenced |
24 | | by a written determination or written consent
based on clinical |
25 | | evidence, including deterioration through the aging process,
|
26 | | loss of motor skills, or abuse of drugs or alcohol of |
|
| | HB2517 Enrolled | - 5 - | LRB098 10264 MGM 40435 b |
|
|
1 | | sufficient degree to
diminish a person's ability to deliver |
2 | | competent patient care.
|
3 | | "Indirect supervision" means the supervising veterinarian |
4 | | need not be on the
premises, but has given either written or |
5 | | oral instructions for the treatment
of the animal and is |
6 | | available by telephone or other form of communication.
|
7 | | "Licensed veterinarian" means a person who is validly and |
8 | | currently licensed to practice veterinary medicine in this |
9 | | State. |
10 | | "Patient" means an animal that is examined or treated by a |
11 | | veterinarian.
|
12 | | "Person" means an individual, firm, partnership (general, |
13 | | limited, or limited
liability), association, joint venture, |
14 | | cooperative, corporation, limited
liability company, or any |
15 | | other group or combination acting in concert, whether
or not |
16 | | acting as a principal, partner, member, trustee, fiduciary, |
17 | | receiver, or
any other kind of legal or personal |
18 | | representative, or as the successor in
interest, assignee, |
19 | | agent, factor, servant, employee, director, officer, or any
|
20 | | other representative of such person.
|
21 | | "Practice of veterinary medicine" means to diagnose, |
22 | | prognose, treat, correct, change, alleviate, or prevent animal |
23 | | disease, illness, pain, deformity, defect, injury, or other |
24 | | physical, dental, or mental conditions by any method or mode; |
25 | | including the performance of one or more of the
following:
|
26 | | (1) Prescribing, dispensing, administering, applying, |
|
| | HB2517 Enrolled | - 6 - | LRB098 10264 MGM 40435 b |
|
|
1 | | or ordering the administration of any drug, medicine, |
2 | | biologic, apparatus, anesthetic, or other therapeutic or |
3 | | diagnostic substance, or medical or surgical technique.
|
4 | | (2) (Blank).
|
5 | | (3) Performing upon an animal a surgical or dental |
6 | | operation.
|
7 | | (3.5) Performing upon an animal complementary, |
8 | | alternative, or integrative therapy.
|
9 | | (4) Performing upon an animal any manual or mechanical |
10 | | procedure for reproductive management, including the |
11 | | diagnosis or treatment of pregnancy, sterility, or |
12 | | infertility. |
13 | | (4.5) The rendering of advice or recommendation by any |
14 | | means, including telephonic and other electronic |
15 | | communications, with regard to the performing upon an |
16 | | animal any manual or mechanical procedure for reproductive |
17 | | management, including the diagnosis or treatment of |
18 | | pregnancy, sterility, or infertility.
|
19 | | (5) Determining the health and fitness of an animal.
|
20 | | (6) Representing oneself, directly or indirectly, as |
21 | | engaging in the
practice of veterinary medicine.
|
22 | | (7) Using any word, letters, or title under such |
23 | | circumstances as to
induce the belief that the person using |
24 | | them is qualified to engage in the
practice of veterinary |
25 | | medicine or any of its branches. Such use shall be
prima |
26 | | facie evidence of the intention to represent oneself as |
|
| | HB2517 Enrolled | - 7 - | LRB098 10264 MGM 40435 b |
|
|
1 | | engaging in the
practice of veterinary medicine.
|
2 | | "Secretary" means the Secretary of Financial and |
3 | | Professional Regulation. |
4 | | "Supervising veterinarian" means a veterinarian who |
5 | | assumes responsibility
for the professional care given to an |
6 | | animal by a person working under his or
her direction in either |
7 | | an immediate, direct, or indirect supervision arrangement. The |
8 | | supervising veterinarian must have examined the animal at
such |
9 | | time as acceptable veterinary medical practices requires, |
10 | | consistent with
the particular delegated animal health care |
11 | | task.
|
12 | | "Therapeutic" means the treatment, control, and prevention |
13 | | of disease. |
14 | | "Veterinarian" means a person who is validly and currently |
15 | | licensed to practice veterinary medicine in this State. |
16 | | "Veterinarian-client-patient relationship" means that all |
17 | | of the following conditions have been met:
|
18 | | (1) The veterinarian has assumed the responsibility |
19 | | for making clinical
judgments regarding the health of an |
20 | | animal and the need for medical treatment
and the client, |
21 | | owner, or other caretaker has agreed to follow the |
22 | | instructions
of the veterinarian;
|
23 | | (2) There is sufficient knowledge of an animal by the |
24 | | veterinarian to
initiate at least a general or preliminary |
25 | | diagnosis of the medical condition
of the animal. This |
26 | | means that the veterinarian has recently seen and is
|
|
| | HB2517 Enrolled | - 8 - | LRB098 10264 MGM 40435 b |
|
|
1 | | personally acquainted with the keeping and care of the |
2 | | animal by virtue of an
examination of the animal or by |
3 | | medically appropriate and timely visits to the
premises |
4 | | where the animal is kept, or the veterinarian has access to |
5 | | the animal patient's records and has been designated by the |
6 | | veterinarian with the prior relationship to provide |
7 | | reasonable and appropriate medical care if he or she is |
8 | | unavailable; and
|
9 | | (3) The practicing veterinarian is readily available |
10 | | for follow-up in case
of adverse reactions or failure of |
11 | | the treatment regimen or, if unavailable, has designated |
12 | | another available veterinarian who has access to the animal |
13 | | patient's records to provide reasonable and appropriate |
14 | | medical care.
|
15 | | "Veterinarian-client-patient relationship" does not mean a |
16 | | relationship solely based on telephonic or other electronic |
17 | | communications. |
18 | | "Veterinary medicine" means all branches and specialties |
19 | | included within the practice of veterinary medicine. |
20 | | "Veterinary premises" means any premises or facility where |
21 | | the practice of veterinary medicine occurs, including, but not |
22 | | limited to, a mobile clinic, outpatient clinic, satellite |
23 | | clinic, or veterinary hospital or clinic. "Veterinary |
24 | | premises" does not mean the premises of a veterinary client, |
25 | | research facility, a federal military base, or an accredited |
26 | | college of veterinary medicine. |
|
| | HB2517 Enrolled | - 9 - | LRB098 10264 MGM 40435 b |
|
|
1 | | "Veterinary prescription drugs" means those drugs |
2 | | restricted to use by or on the order of a licensed veterinarian |
3 | | in accordance with Section 503(f) of the Federal Food, Drug, |
4 | | and Cosmetic Act (21 U.S.C. 353). |
5 | | "Veterinary specialist" means that a veterinarian is a |
6 | | diplomate within an AVMA-recognized veterinary specialty |
7 | | organization. |
8 | | "Veterinary technology" means the performance of services |
9 | | within the field of
veterinary medicine by a person who, for |
10 | | compensation or personal profit, is
employed by a licensed |
11 | | veterinarian to perform duties that require an
understanding of |
12 | | veterinary medicine necessary to carry out the orders of
the |
13 | | veterinarian. Those services, however, shall not include |
14 | | diagnosing,
prognosing, writing prescriptions, or surgery.
|
15 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
16 | | (225 ILCS 115/4) (from Ch. 111, par. 7004)
|
17 | | (Section scheduled to be repealed on January 1, 2014)
|
18 | | Sec. 4. Exemptions. Nothing in this Act shall apply to any |
19 | | of the
following:
|
20 | | (1) Veterinarians employed by the federal or State |
21 | | government while
engaged in their official duties.
|
22 | | (2) Licensed veterinarians from other states who are |
23 | | invited to Illinois
for consultation by a veterinarian |
24 | | licensed in Illinois.
|
25 | | (3) Veterinarians employed by colleges or universities |
|
| | HB2517 Enrolled | - 10 - | LRB098 10264 MGM 40435 b |
|
|
1 | | while engaged in
the performance of their official duties, |
2 | | or
faculty engaged in animal husbandry or animal management |
3 | | programs of colleges
or universities.
|
4 | | (3.5) A veterinarian or veterinary technician from |
5 | | another state or country who (A) is not licensed under this |
6 | | Act; (B) is currently licensed as a veterinarian or |
7 | | veterinary technician in another state or country, or |
8 | | otherwise exempt from licensure in the other state; (C) is |
9 | | an invited guest of a professional veterinary association, |
10 | | veterinary training program, or continuing education |
11 | | provider approved by the Department; and (D) engages in |
12 | | professional education through lectures, clinics, or |
13 | | demonstrations.
|
14 | | (4) A veterinarian employed by an accredited college of |
15 | | veterinary
medicine providing assistance requested by a |
16 | | veterinarian licensed in Illinois,
acting with informed |
17 | | consent from the client and acting under the direct or
|
18 | | indirect supervision and control of the licensed |
19 | | veterinarian. Providing
assistance involves hands-on |
20 | | active participation in the treatment and care of
the |
21 | | patient. The licensed veterinarian shall maintain |
22 | | responsibility for the
veterinarian-client-patient |
23 | | relationship.
|
24 | | (5) Veterinary students in an accredited
college of |
25 | | veterinary medicine, university,
department
of a |
26 | | university, or other institution of veterinary medicine |
|
| | HB2517 Enrolled | - 11 - | LRB098 10264 MGM 40435 b |
|
|
1 | | and surgery
engaged in duties assigned by their
instructors |
2 | | or working under the immediate or direct supervision of a |
3 | | licensed veterinarian.
|
4 | | (5.5) Students of an accredited program in veterinary |
5 | | technology performing veterinary technology duties or |
6 | | actions assigned by instructors or working under the |
7 | | immediate or direct supervision of a licensed |
8 | | veterinarian.
|
9 | | (6) Any person engaged in bona fide scientific research |
10 | | which
requires
the use of animals.
|
11 | | (7) An owner of livestock and any of the owner's |
12 | | employees or the owner
and employees of a service and care |
13 | | provider of livestock caring for and
treating livestock |
14 | | belonging to the owner or under a provider's care, |
15 | | including
but not limited to, the performance of husbandry |
16 | | and livestock management
practices such as dehorning, |
17 | | castration, emasculation, or docking of cattle,
horses, |
18 | | sheep, goats, and swine, artificial insemination, and |
19 | | drawing of semen.
Nor shall this Act be construed to |
20 | | prohibit any person from administering in a
humane manner |
21 | | medicinal or surgical treatment to any livestock in the |
22 | | care
of such person. However, any such services shall |
23 | | comply with the Humane Care
for Animals Act.
|
24 | | (8) An owner of an animal, or an agent of the owner |
25 | | acting with the
owner's approval, in caring for, training, |
26 | | or treating an animal belonging to
the owner, so long as |
|
| | HB2517 Enrolled | - 12 - | LRB098 10264 MGM 40435 b |
|
|
1 | | that individual or agent does not represent himself or
|
2 | | herself as a veterinarian or use any title associated with |
3 | | the practice of
veterinary medicine or surgery or diagnose, |
4 | | prescribe drugs, or perform
surgery. The agent shall |
5 | | provide the owner with a written statement
summarizing the |
6 | | nature of the services provided and obtain a signed
|
7 | | acknowledgment from the owner that they accept the services |
8 | | provided. The
services shall comply with the Humane Care |
9 | | for Animals Act. The provisions of
this item (8) do not |
10 | | apply to a person who is exempt under item (7).
|
11 | | (9) A member in good standing of another licensed or |
12 | | regulated profession
within any state or a member of an |
13 | | organization or group approved by the
Department by rule |
14 | | providing assistance that is requested in writing by a |
15 | | veterinarian
licensed in this State acting within a |
16 | | veterinarian-client-patient relationship and with informed |
17 | | consent from the client and the member is acting
under the |
18 | | immediate, direct, or indirect supervision and control of |
19 | | the licensed
veterinarian. Providing assistance involves |
20 | | hands-on active participation in
the treatment and care of |
21 | | the patient, as defined by rule. The licensed
veterinarian |
22 | | shall maintain responsibility for the |
23 | | veterinarian-client-patient
relationship, but shall be |
24 | | immune from liability, except for willful and wanton |
25 | | conduct, in any civil or criminal action if a member |
26 | | providing assistance does not meet the requirements of this |
|
| | HB2517 Enrolled | - 13 - | LRB098 10264 MGM 40435 b |
|
|
1 | | item (9).
|
2 | | (10) A graduate of a non-accredited college of |
3 | | veterinary medicine who is
in
the process of obtaining a |
4 | | certificate of educational equivalence and is
performing |
5 | | duties or actions assigned by instructors in an approved |
6 | | college of
veterinary medicine.
|
7 | | (10.5) A veterinarian who is enrolled in a postgraduate |
8 | | instructional program in an accredited college of |
9 | | veterinary medicine performing duties or actions assigned |
10 | | by instructors or working under the immediate or direct |
11 | | supervision of a licensed veterinarian or a faculty member |
12 | | of the College of Veterinary Medicine at the University of |
13 | | Illinois.
|
14 | | (11) A certified euthanasia technician who is |
15 | | authorized to perform
euthanasia in the course and scope of |
16 | | his or her employment only as permitted by the Humane |
17 | | Euthanasia in Animal Shelters Act.
|
18 | | (12) A person who, without expectation of |
19 | | compensation, provides emergency
veterinary care in an |
20 | | emergency or disaster situation so long as he or she does
|
21 | | not represent himself or herself as a veterinarian or use a |
22 | | title or degree
pertaining to the practice of veterinary |
23 | | medicine and surgery.
|
24 | | (13) Any certified veterinary technician or other |
25 | | employee of a licensed
veterinarian performing permitted |
26 | | duties other than diagnosis, prognosis, prescription,
or |
|
| | HB2517 Enrolled | - 14 - | LRB098 10264 MGM 40435 b |
|
|
1 | | surgery under the appropriate direction and supervision of |
2 | | the veterinarian, who shall
be responsible for the |
3 | | performance of the employee.
|
4 | | (13.5) Any pharmacist licensed in the State, merchant, |
5 | | or manufacturer selling at his or her regular place of |
6 | | business medicines, feed, appliances, or other products |
7 | | used in the prevention or treatment of animal diseases as |
8 | | permitted by law and provided that the services he or she |
9 | | provides do not include diagnosing, prognosing, writing |
10 | | prescriptions, or surgery.
|
11 | | (14) An approved humane investigator regulated under |
12 | | the Humane Care for
Animals Act or employee of a shelter |
13 | | licensed under the Animal Welfare Act,
working under the |
14 | | indirect supervision of a licensed veterinarian.
|
15 | | (15) An individual providing equine dentistry services |
16 | | requested by a
veterinarian licensed to practice in this |
17 | | State, an owner, or an owner's agent.
For the purposes of |
18 | | this item (15), "equine dentistry services" means floating
|
19 | | teeth without the use of drugs or extraction.
|
20 | | (15.5) In the event of an emergency or disaster, a |
21 | | veterinarian or veterinary technician not licensed in this |
22 | | State who (A) is responding to a request for assistance |
23 | | from the Illinois Department of Agriculture, the Illinois |
24 | | Department of Public Health, the Illinois Emergency |
25 | | Management Agency, or other State agency as determined by |
26 | | the Department; (B) is licensed and in good standing in |
|
| | HB2517 Enrolled | - 15 - | LRB098 10264 MGM 40435 b |
|
|
1 | | another state; and (C) has been granted a temporary waiver |
2 | | from licensure by the Department.
|
3 | | (16) Private treaty sale of animals unless otherwise |
4 | | provided by law.
|
5 | | (17) Persons or entities practicing the specified |
6 | | occupations set forth in subsection (a) of, and pursuant to |
7 | | a licensing exemption granted in subsection (b) or (d) of, |
8 | | Section 2105-350 of the Department of Professional |
9 | | Regulation Law of the Civil Administrative Code of |
10 | | Illinois, but only for so long as the 2016 Olympic and |
11 | | Paralympic Games Professional Licensure Exemption Law is |
12 | | operable. |
13 | | (Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
|
14 | | (225 ILCS 115/5) (from Ch. 111, par. 7005)
|
15 | | (Section scheduled to be repealed on January 1, 2014)
|
16 | | Sec. 5. Restrictions and limitations. No person shall |
17 | | practice veterinary medicine and surgery in any of
its branches |
18 | | without a valid license to do so. Any person not licensed under
|
19 | | this Act who performs any of the functions described as the |
20 | | practice of
veterinary medicine or surgery as defined in this |
21 | | Act, who announces to the
public in any way an intention to |
22 | | practice veterinary medicine and surgery, who
uses the title |
23 | | Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,
|
24 | | or who opens an office, hospital, or clinic for such purposes |
25 | | is considered
to have violated this Act and may be subject to |
|
| | HB2517 Enrolled | - 16 - | LRB098 10264 MGM 40435 b |
|
|
1 | | all the penalties provided for
such violations.
|
2 | | It shall be unlawful for any person who is not licensed in |
3 | | this State to
provide veterinary medical services from any |
4 | | state to a client or patient in
this State through telephonic, |
5 | | electronic, or other means, except where a
bonafide |
6 | | veterinarian-client-patient relationship exists.
|
7 | | Nothing in this Act shall be construed to prevent members |
8 | | of other
professions from performing functions for which they |
9 | | are duly licensed, subject to the requirements of Section 4 of |
10 | | this Act. Other
professionals may not, however, hold themselves |
11 | | out or refer to themselves by
any title or descriptions stating |
12 | | or implying that they are engaged in the
practice of veterinary |
13 | | medicine or that they are licensed to engage in the
practice of |
14 | | veterinary medicine.
|
15 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
16 | | (225 ILCS 115/6) (from Ch. 111, par. 7006)
|
17 | | (Section scheduled to be repealed on January 1, 2014)
|
18 | | Sec. 6. Administration of Act.
|
19 | | (a) The Department shall exercise the powers and duties |
20 | | prescribed by the
Civil Administrative Code of Illinois for the |
21 | | administration of licensing Acts
and shall exercise any other |
22 | | powers and duties necessary for effectuating the
purpose of |
23 | | this Act.
|
24 | | (b) The Secretary may shall adopt rules consistent with the |
25 | | provisions
of this Act for the administration and enforcement |
|
| | HB2517 Enrolled | - 17 - | LRB098 10264 MGM 40435 b |
|
|
1 | | thereof, and for the payment
of fees connected therewith, and |
2 | | may prescribe forms that shall be issued in
connection |
3 | | therewith. The rules may shall include standards and criteria |
4 | | for
licensure, certification, and professional conduct and |
5 | | discipline. The
Department may shall consult with the Board in |
6 | | promulgating rules. Notice of
proposed rulemaking shall be |
7 | | transmitted to the Board and the Department shall
review the |
8 | | Board's response and any recommendations made therein. The
|
9 | | Department shall notify the Board in writing with an |
10 | | explanation of the
deviations in the Board's recommendations |
11 | | and responses.
|
12 | | (c) The Department may shall solicit the advice and expert |
13 | | knowledge of the
Board on any matter relating to the |
14 | | administration and enforcement of this Act.
|
15 | | (d) The Department shall issue quarterly to the Board a |
16 | | report of the
status of all complaints related to the |
17 | | profession received by the Department.
|
18 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
19 | | (225 ILCS 115/7) (from Ch. 111, par. 7007)
|
20 | | (Section scheduled to be repealed on January 1, 2014)
|
21 | | Sec. 7. Veterinarian Licensing and Disciplinary Board. The |
22 | | Secretary
shall appoint a Veterinarian Licensing and |
23 | | Disciplinary Board as
follows: 7 persons shall be appointed by |
24 | | and shall serve in an advisory
capacity to the Secretary, 6 |
25 | | members must be licensed, in good standing,
veterinarians in |
|
| | HB2517 Enrolled | - 18 - | LRB098 10264 MGM 40435 b |
|
|
1 | | this State, and must be actively engaged in the practice
of |
2 | | veterinary medicine and surgery in this State, and one member |
3 | | must be
a member of the public who is not licensed under this |
4 | | Act, or a similar
Act of another jurisdiction and who has no |
5 | | connection with the veterinary
profession.
|
6 | | Members shall serve 4-year 4 year terms and until their |
7 | | successors are appointed
and qualified , except that of the |
8 | | initial appointments, one member shall
be appointed to serve |
9 | | for one year, 2 shall be appointed to serve for 2
years, 2 |
10 | | shall be appointed to serve for 3 years, and the remaining, one
|
11 | | of which shall be a public member, shall be appointed to serve
|
12 | | for 4 years and until their successors are appointed and |
13 | | qualified . No
member shall be reappointed to the Board for more |
14 | | than 2 full, consecutive terms. Appointments
to fill vacancies |
15 | | shall be made in the same manner as original appointments,
for |
16 | | the unexpired portion of the vacated term. Initial terms shall |
17 | | begin
upon the effective date of this Act.
|
18 | | The membership of the Board should reasonably reflect |
19 | | representation from
the geographic areas in this State. The |
20 | | Secretary shall consider the
recommendations made by the State |
21 | | Veterinary Medical Association in making
appointments.
|
22 | | Four members of the Board shall constitute a quorum. A |
23 | | quorum is required for all Board decisions. |
24 | | The Secretary shall have the authority to remove or suspend |
25 | | any member of the Board for cause at any time before the |
26 | | expiration of his or her term. may terminate the appointment of |
|
| | HB2517 Enrolled | - 19 - | LRB098 10264 MGM 40435 b |
|
|
1 | | any member for cause which
in the opinion of the Secretary |
2 | | reasonably justifies such termination.
|
3 | | The Board shall annually elect a Chairman who shall be a |
4 | | Veterinarian.
|
5 | | The Secretary shall consider the advice and |
6 | | recommendations of the Board
on questions involving standards |
7 | | of professional conduct, discipline and
qualifications of |
8 | | candidates and licensees under this Act.
|
9 | | Members of the Board shall be entitled to receive a per |
10 | | diem at a rate
set by the Secretary and shall be reimbursed for |
11 | | all legitimate, necessary, and authorized expenses
incurred in |
12 | | the attending the meetings of the Board. exercise of their |
13 | | duties.
|
14 | | Members of the Board have no liability in any action based |
15 | | upon any
disciplinary proceeding or other activity performed in |
16 | | good faith as a member
of the Board.
|
17 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
18 | | (225 ILCS 115/12) (from Ch. 111, par. 7012)
|
19 | | (Section scheduled to be repealed on January 1, 2014)
|
20 | | Sec. 12. Renewal and inactive status; restoration; |
21 | | military service. Inactive status. |
22 | | (a) The expiration date and renewal period for each license |
23 | | or certificate shall be set by rule. |
24 | | (b) A licensee who has permitted his or her license to |
25 | | expire or who has had his or her license on inactive status may |
|
| | HB2517 Enrolled | - 20 - | LRB098 10264 MGM 40435 b |
|
|
1 | | have the license restored by making application to the |
2 | | Department by filing proof acceptable to the Department of his |
3 | | or her fitness to have the license restored and by paying the |
4 | | required fees. Proof of fitness may include sworn evidence |
5 | | certifying to active lawful practice in another jurisdiction. |
6 | | If the licensee has not maintained an active practice in |
7 | | another jurisdiction satisfactory to the Department, the |
8 | | Department shall determine, by an evaluation program |
9 | | established by rule, his or her fitness for restoration of the |
10 | | license and shall establish procedures and requirements for |
11 | | restoration. |
12 | | (c) A licensee whose license expired while he or she was |
13 | | (1) in federal service on active duty with the Armed Forces of |
14 | | the United States or the State Militia called into service or |
15 | | training or (2) in training or education under the supervision |
16 | | of the United States before induction into the military |
17 | | service, may have the license restored without paying any |
18 | | lapsed renewal fees if within 2 years after honorable |
19 | | termination of the service, training, or education he or she |
20 | | furnishes the Department with satisfactory evidence to the |
21 | | effect that he or she has been so engaged and that his or her |
22 | | service, training, or education has been so terminated. |
23 | | (d) Any licensee veterinarian or certified veterinary
|
24 | | technician
who notifies the Department in writing on the |
25 | | prescribed form may place his or
her license or certification |
26 | | on an inactive status and shall, subject to rule,
be exempt |
|
| | HB2517 Enrolled | - 21 - | LRB098 10264 MGM 40435 b |
|
|
1 | | from payment of the renewal fee and compliance with the |
2 | | continuing
education requirements until he or she notifies the |
3 | | Department in writing of
his or her intention to resume active |
4 | | status.
|
5 | | (e) Any veterinarian or certified veterinary technician |
6 | | requesting
restoration from
inactive or expired status shall be |
7 | | required to complete the continuing education
requirements for |
8 | | a single license or certificate renewal period, pursuant to
|
9 | | rule, and pay the current renewal fee to restore his or her |
10 | | license or
certification as provided in this Act.
|
11 | | (f) Any licensee veterinarian whose license is in inactive , |
12 | | expired, or suspended status shall not practice
veterinary |
13 | | medicine and surgery in this State.
|
14 | | A graduate of a non-approved veterinary school who was |
15 | | issued a work permit
by
the Department before the effective |
16 | | date of this amendatory Act of the 93rd
General Assembly may |
17 | | continue to work under the direct supervision of a
licensed |
18 | | veterinarian until the expiration of his or her permit.
|
19 | | (Source: P.A. 93-281, eff. 12-31-03.)
|
20 | | (225 ILCS 115/13) (from Ch. 111, par. 7013)
|
21 | | (Section scheduled to be repealed on January 1, 2014)
|
22 | | Sec. 13. Licensure without examination ; endorsement . The |
23 | | Department may license register as a
licensed veterinarian or |
24 | | certified veterinary technician, without examination,
but upon |
25 | | payment of the required fee, an applicant who has a license or
|
|
| | HB2517 Enrolled | - 22 - | LRB098 10264 MGM 40435 b |
|
|
1 | | certificate in good standing to practice in another |
2 | | jurisdiction. However, the
requirements for licensure of |
3 | | veterinarians and certified veterinary technicians in the |
4 | | jurisdiction in which the
applicant was licensed must have |
5 | | been, at the date of licensure, substantially
equivalent to the |
6 | | requirements in force in this State on that date.
|
7 | | Applicants have 3 years from the date of application to |
8 | | complete the
application process. If the process has not been |
9 | | completed in 3 years,
the application shall be denied, the fee |
10 | | forfeited and the applicant must
reapply and meet the |
11 | | requirements in effect at the time of reapplication.
|
12 | | (Source: P.A. 88-424 .)
|
13 | | (225 ILCS 115/14) (from Ch. 111, par. 7014)
|
14 | | (Section scheduled to be repealed on January 1, 2014)
|
15 | | Sec. 14. Fees. The Department shall provide by rule for a |
16 | | schedule of fees for the
administration and enforcement of this |
17 | | Act, including but not limited to
original licensure, renewal, |
18 | | and restoration of a license issued under this Act . The fees |
19 | | shall be
nonrefundable.
|
20 | | All fees , fines, and penalties collected under this Act |
21 | | shall be deposited into the General
Professions Dedicated Fund |
22 | | and shall be appropriated to the Department for the
ordinary |
23 | | and contingent expenses of the Department in the administration |
24 | | of
this Act.
|
25 | | (Source: P.A. 91-454, eff. 1-1-00 .)
|
|
| | HB2517 Enrolled | - 23 - | LRB098 10264 MGM 40435 b |
|
|
1 | | (225 ILCS 115/16) (from Ch. 111, par. 7016)
|
2 | | (Section scheduled to be repealed on January 1, 2014)
|
3 | | Sec. 16. Continuing education. As a condition for renewal |
4 | | of a license, licensees shall be required to complete |
5 | | continuing education in veterinary medicine in accordance with |
6 | | rules established by the Department. Proof of having met the |
7 | | minimum requirements
of continuing education as determined by |
8 | | the Board shall be required of all
license and certificate |
9 | | renewals and restorations. Pursuant to rule, the
continuing |
10 | | education
requirements may upon petition be waived in whole or |
11 | | in part if the
veterinarian or veterinary technician can |
12 | | demonstrate that he or she had served
in the Coast Guard or |
13 | | Armed Forces, had an extreme hardship or obtained such
license |
14 | | or certification by examination or endorsement within the |
15 | | preceding
renewal period.
|
16 | | The Department shall establish by rule a means for the |
17 | | verification of
completion of the continuing education |
18 | | required by this Section. This
verification may be accomplished |
19 | | through audits of records maintained by
registrants; by |
20 | | requiring the filing of continuing education certificates
with |
21 | | the Department; or by other means established by the |
22 | | Department.
|
23 | | (Source: P.A. 92-84, eff. 7-1-02 .)
|
24 | | (225 ILCS 115/19.1 new) |
|
| | HB2517 Enrolled | - 24 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Sec. 19.1. Authority to dispense drugs in emergency |
2 | | situations. |
3 | | (a) A veterinarian licensed under this Act, in the absence |
4 | | of a traditional veterinarian-client-patient relationship, may |
5 | | dispense up to 5 days worth of non-controlled substance |
6 | | medication or up to 3 days worth of controlled substance |
7 | | medication in an emergency situation if: |
8 | | (1) the pet has a medical condition that has been |
9 | | diagnosed by another licensed veterinarian, who then |
10 | | prescribed medication that, if ceased or skipped, could |
11 | | result in a decline of the pet's condition or could be |
12 | | deleterious to the pet's health; |
13 | | (2) the current veterinarian who prescribed the |
14 | | medication is unavailable to issue a refill within a timely |
15 | | manner or the client is not in reasonable proximity to the |
16 | | initial prescriber to obtain a refill within a timely |
17 | | manner; and |
18 | | (3) the client has evidence and can produce evidence of |
19 | | the ongoing medical need for the prescription, either in |
20 | | the form of the medical records or most recent prescription |
21 | | vial or a phone number or other means in which to reach the |
22 | | current prescriber. |
23 | | (b) The second veterinarian must keep a record containing: |
24 | | (1) the name, address, and contact or phone number of |
25 | | the owner and initial prescriber; |
26 | | (2) the name, age, sex, and breed of the pet in |
|
| | HB2517 Enrolled | - 25 - | LRB098 10264 MGM 40435 b |
|
|
1 | | question; |
2 | | (3) the name, strength, and quantity of medication |
3 | | dispensed, along with use instructions; and |
4 | | (4) the medical condition and reason medication is |
5 | | being dispensed. |
6 | | (c) A maximum of 5 days of medication may be dispensed per |
7 | | patient per year. All dispensed medication must be properly |
8 | | labeled and dispensed to the owner. Notification of the |
9 | | dispensing shall be communicated to the initial prescriber by |
10 | | the dispensing veterinarian. |
11 | | (d) A veterinarian shall not be required to dispense |
12 | | medication under this provision.
|
13 | | (225 ILCS 115/24) (from Ch. 111, par. 7024)
|
14 | | (Section scheduled to be repealed on January 1, 2014)
|
15 | | Sec. 24.
Any person licensed under this Act may advertise |
16 | | the availability
of professional services in the public media |
17 | | or on the premises where such
professional services are |
18 | | rendered as permitted by law; provided that such
advertising is |
19 | | truthful and not misleading and is in conformity with rules
|
20 | | promulgated by the Department. Advertisements shall not |
21 | | include false, fraudulent, deceptive, or misleading material |
22 | | or guarantees of success.
|
23 | | (Source: P.A. 83-1016 .)
|
24 | | (225 ILCS 115/25) (from Ch. 111, par. 7025)
|
|
| | HB2517 Enrolled | - 26 - | LRB098 10264 MGM 40435 b |
|
|
1 | | (Section scheduled to be repealed on January 1, 2014)
|
2 | | Sec. 25. Disciplinary actions.
|
3 | | 1. The Department may refuse to issue or renew, or may |
4 | | revoke,
suspend, place on probation, reprimand, or take other |
5 | | disciplinary or non-disciplinary
action as the Department may |
6 | | deem appropriate, including imposing fines not to
exceed |
7 | | $10,000 $1,000 for each violation and the assessment of costs |
8 | | as provided for in Section 25.3 of this Act , with regard to any
|
9 | | license or certificate for any one or combination of the |
10 | | following:
|
11 | | A. Material misstatement in furnishing information to |
12 | | the
Department.
|
13 | | B. Violations of this Act, or of the rules adopted |
14 | | pursuant to this Act.
|
15 | | C. Conviction by plea of guilty or nolo contendere, |
16 | | finding of guilt, jury verdict, or entry of judgment or by |
17 | | sentencing of any crime, including, but not limited to, |
18 | | convictions, preceding sentences of supervision, |
19 | | conditional discharge, or first offender probation, under |
20 | | the laws of any jurisdiction of the United States that is |
21 | | (i) a felony or (ii) a misdemeanor, an essential element of |
22 | | which is dishonesty, or that is directly related to the |
23 | | practice of the profession. of any crime under the laws of |
24 | | the United States or any
state or territory of the United |
25 | | States that is a felony or that is a
misdemeanor, an |
26 | | essential element of which is dishonesty, or of any crime |
|
| | HB2517 Enrolled | - 27 - | LRB098 10264 MGM 40435 b |
|
|
1 | | that
is directly related to the practice of the profession.
|
2 | | D. Fraud or Making any misrepresentation in applying |
3 | | for or procuring a license under this Act or in connection |
4 | | with applying for renewal of a license under this Act. for |
5 | | the purpose of obtaining licensure or
certification, or |
6 | | violating any provision of this Act or the rules adopted |
7 | | pursuant to this Act pertaining to advertising.
|
8 | | E. Professional incompetence.
|
9 | | F. Malpractice. Gross malpractice.
|
10 | | G. Aiding or assisting another person in violating any |
11 | | provision of this
Act or rules.
|
12 | | H. Failing, within 60 days, to provide information in |
13 | | response to a
written request made by the Department.
|
14 | | I. Engaging in dishonorable, unethical, or |
15 | | unprofessional conduct of a
character likely to deceive, |
16 | | defraud, or harm the public.
|
17 | | J. Habitual or excessive use or abuse of drugs defined |
18 | | in law as controlled substances, alcohol addiction to |
19 | | alcohol, narcotics,
stimulants , or any other substance |
20 | | chemical agent or drug that results in the inability
to |
21 | | practice with reasonable judgment, skill, or safety.
|
22 | | K. Discipline by another state, unit of government, |
23 | | government agency, District of Columbia, territory, or
|
24 | | foreign nation, if at least one of the grounds for the |
25 | | discipline is the same
or substantially equivalent to those |
26 | | set forth herein.
|
|
| | HB2517 Enrolled | - 28 - | LRB098 10264 MGM 40435 b |
|
|
1 | | L. Charging for professional services not rendered, |
2 | | including filing false statements for the collection of |
3 | | fees for which services are not rendered. Directly or |
4 | | indirectly giving to or receiving from any person, firm,
|
5 | | corporation, partnership or association any fee, |
6 | | commission, rebate, or other
form of compensation for |
7 | | professional services not actually or personally
rendered.
|
8 | | M. A finding by the Board that the licensee or |
9 | | certificate holder,
after having his license or |
10 | | certificate placed on probationary status, has
violated |
11 | | the terms of probation.
|
12 | | N. Willfully making or filing false records or reports |
13 | | in his practice,
including but not limited to false records |
14 | | filed with State agencies or
departments.
|
15 | | O. Physical illness, including but not limited to, |
16 | | deterioration through
the aging process, or loss of motor |
17 | | skill which results in the inability
to practice under this |
18 | | Act the profession with reasonable judgment, skill, or |
19 | | safety.
|
20 | | P. Solicitation of professional services other than |
21 | | permitted
advertising.
|
22 | | Q. Allowing one's license under this Act to be used by |
23 | | an unlicensed person in violation of this Act. Having |
24 | | professional connection with or lending one's name, |
25 | | directly
or indirectly, to any illegal practitioner of |
26 | | veterinary medicine and surgery
and the various branches |
|
| | HB2517 Enrolled | - 29 - | LRB098 10264 MGM 40435 b |
|
|
1 | | thereof.
|
2 | | R. Conviction of or cash compromise of a charge or |
3 | | violation of the
Harrison Act or the Illinois Controlled |
4 | | Substances Act, regulating narcotics.
|
5 | | S. Fraud or dishonesty in applying, treating, or |
6 | | reporting on
tuberculin or other biological tests.
|
7 | | T. Failing to report, as required by law, or making |
8 | | false report of any
contagious or infectious diseases.
|
9 | | U. Fraudulent use or misuse of any health certificate, |
10 | | shipping
certificate, brand inspection certificate, or |
11 | | other blank forms used in
practice that might lead to the |
12 | | dissemination of disease or the transportation
of diseased |
13 | | animals dead or alive; or dilatory methods, willful |
14 | | neglect, or
misrepresentation in the inspection of milk, |
15 | | meat, poultry, and the by-products
thereof.
|
16 | | V. Conviction on a charge of cruelty to animals.
|
17 | | W. Failure to keep one's premises and all equipment |
18 | | therein in a clean
and sanitary condition.
|
19 | | X. Failure to provide satisfactory proof of having |
20 | | participated in
approved continuing education programs.
|
21 | | Y. Mental illness or disability that results in the |
22 | | inability to practice under this Act with reasonable |
23 | | judgment, skill, or safety. Failure to (i) file a return, |
24 | | (ii) pay the tax, penalty, or interest
shown in a filed |
25 | | return, or (iii) pay any final assessment of tax, penalty, |
26 | | or
interest, as required by any tax Act administered by the |
|
| | HB2517 Enrolled | - 30 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Illinois Department of
Revenue, until the requirements of |
2 | | that tax Act are satisfied.
|
3 | | Z. Conviction by any court of competent jurisdiction, |
4 | | either within or
outside this State, of any violation of |
5 | | any law governing the practice of
veterinary medicine, if |
6 | | the Department determines, after investigation, that
the |
7 | | person has not been sufficiently rehabilitated to warrant |
8 | | the public trust.
|
9 | | AA. Promotion of the sale of drugs, devices, |
10 | | appliances, or goods provided
for a patient in any manner |
11 | | to exploit the client for financial gain of the
|
12 | | veterinarian.
|
13 | | BB. Gross, willful, or continued overcharging for |
14 | | professional services ,
including filing false statements |
15 | | for collection of fees for which services are
not rendered .
|
16 | | CC. Practicing under a false or, except as provided by |
17 | | law, an assumed
name.
|
18 | | DD. Violating state or federal laws or regulations |
19 | | relating to controlled substances or legend drugs. Fraud or |
20 | | misrepresentation in applying for, or procuring, a license
|
21 | | under this Act or in connection with applying for renewal |
22 | | of a license under
this Act.
|
23 | | EE. Cheating on or attempting to subvert the licensing |
24 | | examination
administered under this Act.
|
25 | | FF. Using, prescribing, or selling a prescription drug |
26 | | or the
extra-label use of a prescription drug by any means |
|
| | HB2517 Enrolled | - 31 - | LRB098 10264 MGM 40435 b |
|
|
1 | | in the absence of a valid
veterinarian-client-patient |
2 | | relationship.
|
3 | | GG. Failing to report a case of suspected aggravated |
4 | | cruelty, torture,
or
animal fighting pursuant to Section |
5 | | 3.07 or 4.01 of the Humane Care for
Animals Act or Section |
6 | | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal |
7 | | Code of 2012.
|
8 | | All fines imposed under this Section shall be paid within |
9 | | 60 days after the effective date of the order imposing the fine |
10 | | or in accordance with the terms set forth in the order imposing |
11 | | the fine. |
12 | | 2. The determination by a circuit court that a licensee or |
13 | | certificate
holder is subject to involuntary admission or |
14 | | judicial admission as provided in
the Mental Health and |
15 | | Developmental Disabilities Code operates as an automatic
|
16 | | suspension. The suspension will end only upon a finding by a |
17 | | court that the
patient is no longer subject to involuntary |
18 | | admission or judicial admission and
issues an order so finding |
19 | | and discharging the patient . In any case where a license is |
20 | | suspended under this provision, the licensee shall file a |
21 | | petition for restoration and shall include evidence acceptable |
22 | | to the Department that the licensee can resume practice in |
23 | | compliance with acceptable and prevailing standards of their |
24 | | profession. ; and upon the
recommendation of the Board to the |
25 | | Secretary that the licensee or certificate
holder be allowed to |
26 | | resume his practice.
|
|
| | HB2517 Enrolled | - 32 - | LRB098 10264 MGM 40435 b |
|
|
1 | | 3. All proceedings to suspend, revoke, place on |
2 | | probationary status, or
take any other disciplinary action as |
3 | | the Department may deem proper, with
regard to a license or |
4 | | certificate on any of the foregoing grounds, must be
commenced |
5 | | within 5 3 years after receipt by the Department of a complaint
|
6 | | alleging the commission of or notice of the conviction order |
7 | | for any of the
acts described in this Section. Except for |
8 | | proceedings brought for violations
of items (CC), (DD), or |
9 | | (EE), no action shall be commenced more than 5 years
after the |
10 | | date of the incident or act alleged to have violated this |
11 | | Section.
In the event of the settlement of any claim or cause |
12 | | of action in favor of the
claimant or the reduction to final |
13 | | judgment of any civil action in favor of the
plaintiff, the |
14 | | claim, cause of action, or civil action being grounded on the
|
15 | | allegation that a person licensed or certified under this Act |
16 | | was negligent in
providing care, the Department shall have an |
17 | | additional period of one year from
the date of the settlement |
18 | | or final judgment in which to investigate and begin
formal |
19 | | disciplinary proceedings under Section 25.2 of this Act, except |
20 | | as
otherwise provided by law. The time during which the holder |
21 | | of the license or
certificate was outside the State of Illinois |
22 | | shall not be included within any
period of time limiting the |
23 | | commencement of disciplinary action by the
Department.
|
24 | | 4. The Department may refuse to issue or may suspend |
25 | | without hearing, as provided for in the Illinois Code of Civil |
26 | | Procedure, take disciplinary action
concerning
the license of |
|
| | HB2517 Enrolled | - 33 - | LRB098 10264 MGM 40435 b |
|
|
1 | | any person who fails to file a return, to pay the tax, penalty,
|
2 | | or interest
shown in a filed return, or to pay any final |
3 | | assessment of tax, penalty, or
interest as
required by any tax |
4 | | Act administered by the Illinois Department of Revenue, until |
5 | | such
time as
the requirements of any such tax Act are satisfied |
6 | | in accordance with subsection (g) of Section 2105-15 of the |
7 | | Civil Administrative Code of Illinois. as determined by the
|
8 | | Department of
Revenue.
|
9 | | 5. In enforcing this Section, the Department, upon a |
10 | | showing of a possible violation, may compel any individual who |
11 | | is registered under this Act or any individual who has applied |
12 | | for registration to submit to a mental or physical examination |
13 | | or evaluation, or both, which may include a substance abuse or |
14 | | sexual offender evaluation, at the expense of the Department. |
15 | | The Department shall specifically designate the examining |
16 | | physician licensed to practice medicine in all of its branches |
17 | | or, if applicable, the multidisciplinary team involved in |
18 | | providing the mental or physical examination and evaluation. |
19 | | The multidisciplinary team shall be led by a physician licensed |
20 | | to practice medicine in all of its branches and may consist of |
21 | | one or more or a combination of physicians licensed to practice |
22 | | medicine in all of its branches, licensed chiropractic |
23 | | physicians, licensed clinical psychologists, licensed clinical |
24 | | social workers, licensed clinical professional counselors, and |
25 | | other professional and administrative staff. Any examining |
26 | | physician or member of the multidisciplinary team may require |
|
| | HB2517 Enrolled | - 34 - | LRB098 10264 MGM 40435 b |
|
|
1 | | any person ordered to submit to an examination and evaluation |
2 | | pursuant to this Section to submit to any additional |
3 | | supplemental testing deemed necessary to complete any |
4 | | examination or evaluation process, including, but not limited |
5 | | to, blood testing, urinalysis, psychological testing, or |
6 | | neuropsychological testing. |
7 | | The Department may order the examining physician or any |
8 | | member of the multidisciplinary team to provide to the |
9 | | Department any and all records, including business records, |
10 | | that relate to the examination and evaluation, including any |
11 | | supplemental testing performed. The Department may order the |
12 | | examining physician or any member of the multidisciplinary team |
13 | | to present testimony concerning this examination and |
14 | | evaluation of the registrant or applicant, including testimony |
15 | | concerning any supplemental testing or documents relating to |
16 | | the examination and evaluation. No information, report, |
17 | | record, or other documents in any way related to the |
18 | | examination and evaluation shall be excluded by reason of any |
19 | | common law or statutory privilege relating to communication |
20 | | between the licensee or applicant and the examining physician |
21 | | or any member of the multidisciplinary team. No authorization |
22 | | is necessary from the registrant or applicant ordered to |
23 | | undergo an evaluation and examination for the examining |
24 | | physician or any member of the multidisciplinary team to |
25 | | provide information, reports, records, or other documents or to |
26 | | provide any testimony regarding the examination and |
|
| | HB2517 Enrolled | - 35 - | LRB098 10264 MGM 40435 b |
|
|
1 | | evaluation. The individual to be examined may have, at his or |
2 | | her own expense, another physician of his or her choice present |
3 | | during all aspects of the examination. |
4 | | Failure of any individual to submit to mental or physical |
5 | | examination or evaluation, or both, when directed, shall result |
6 | | in an automatic suspension without hearing, until such time as |
7 | | the individual submits to the examination. If the Department |
8 | | finds a registrant unable to practice because of the reasons |
9 | | set forth in this Section, the Department shall require such |
10 | | registrant to submit to care, counseling, or treatment by |
11 | | physicians approved or designated by the Department as a |
12 | | condition for continued, reinstated, or renewed registration. |
13 | | In instances in which the Secretary immediately suspends a |
14 | | registration under this Section, a hearing upon such person's |
15 | | registration must be convened by the Department within 15 days |
16 | | after such suspension and completed without appreciable delay. |
17 | | The Department shall have the authority to review the |
18 | | registrant's record of treatment and counseling regarding the |
19 | | impairment to the extent permitted by applicable federal |
20 | | statutes and regulations safeguarding the confidentiality of |
21 | | medical records. |
22 | | Individuals registered under this Act that are affected |
23 | | under this Section, shall be afforded an opportunity to |
24 | | demonstrate to the Department that they can resume practice in |
25 | | compliance with acceptable and prevailing standards under the |
26 | | provisions of their registration. the Board, upon a showing of |
|
| | HB2517 Enrolled | - 36 - | LRB098 10264 MGM 40435 b |
|
|
1 | | a possible
violation, may compel a licensee or applicant to |
2 | | submit to a mental or physical
examination, or both, as |
3 | | required by and at the expense of the Department. The
examining |
4 | | physicians or clinical psychologists shall be those |
5 | | specifically
designated by the Board. The Board or the |
6 | | Department may order (i) the
examining physician to present |
7 | | testimony concerning the mental or physical
examination of a |
8 | | licensee or applicant or (ii) the examining clinical
|
9 | | psychologist to present testimony concerning the mental |
10 | | examination of a
licensee or applicant. No information shall be |
11 | | excluded by reason of any common
law or statutory privilege |
12 | | relating to communications between a licensee or
applicant and |
13 | | the examining physician or clinical psychologist. An |
14 | | individual
to be examined may have, at his or her own expense, |
15 | | another physician or
clinical psychologist of his or her choice |
16 | | present during all aspects of the
examination. Failure of an |
17 | | individual to submit to a mental or physical
examination, when |
18 | | directed, is grounds for suspension of his or her license.
The |
19 | | license must remain suspended until the person submits to the |
20 | | examination
or the Board finds, after notice and hearing, that |
21 | | the refusal to submit to the
examination was with reasonable |
22 | | cause.
|
23 | | If the Board finds an individual unable to practice because |
24 | | of the reasons
set forth in this Section, the Board must |
25 | | require the individual to submit to
care, counseling, or |
26 | | treatment by a physician or clinical psychologist approved
by |
|
| | HB2517 Enrolled | - 37 - | LRB098 10264 MGM 40435 b |
|
|
1 | | the Board, as a condition, term, or restriction for continued, |
2 | | reinstated,
or renewed licensure to practice. In lieu of care, |
3 | | counseling, or treatment,
the Board may recommend that the |
4 | | Department file a complaint to immediately
suspend or revoke |
5 | | the license of the individual or otherwise discipline the
|
6 | | licensee.
|
7 | | Any individual whose license was granted, continued, |
8 | | reinstated, or renewed
subject to conditions, terms, or |
9 | | restrictions, as provided for in this Section,
or any |
10 | | individual who was disciplined or placed on supervision |
11 | | pursuant to this
Section must be referred to the Secretary for |
12 | | a determination as to whether the
person shall have his or her |
13 | | license suspended immediately, pending a hearing
by the Board.
|
14 | | 6. The Department shall deny a license or renewal |
15 | | authorized by this Act to a person who has defaulted on an |
16 | | educational loan or scholarship provided or guaranteed by the |
17 | | Illinois Student Assistance Commission or any governmental |
18 | | agency of this State in accordance with paragraph (5) of |
19 | | subsection (a) of Section 2105-15 of the Civil Administrative |
20 | | Code of Illinois. |
21 | | 7. In cases where the Department of Healthcare and Family |
22 | | Services has previously determined a licensee or a potential |
23 | | licensee is more than 30 days delinquent in the payment of |
24 | | child support and has subsequently certified the delinquency to |
25 | | the Department, the Department may refuse to issue or renew or |
26 | | may revoke or suspend that person's license or may take other |
|
| | HB2517 Enrolled | - 38 - | LRB098 10264 MGM 40435 b |
|
|
1 | | disciplinary action against that person based solely upon the |
2 | | certification of delinquency made by the Department of |
3 | | Healthcare and Family Services in accordance with paragraph (5) |
4 | | of subsection (a) of Section 1205-15 of the Civil |
5 | | Administrative Code of Illinois. |
6 | | (Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13; |
7 | | 97-1150, eff. 1-25-13.)
|
8 | | (225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)
|
9 | | (Section scheduled to be repealed on January 1, 2014)
|
10 | | Sec. 25.1. Injunctive actions; orders to cease and desist. |
11 | | (a) If any person violates a provision of this Act, the |
12 | | Secretary
may, in the name of the People of the State of |
13 | | Illinois, through the Attorney
General of the State of Illinois |
14 | | or the State's Attorney of the county in which the violation is |
15 | | alleged to have occurred , petition, for an order enjoining such
|
16 | | violation or for an order enforcing compliance with this Act. |
17 | | Upon the
filing of a verified petition in such court, the court |
18 | | may issue a temporary
restraining order, without notice or |
19 | | bond, and may preliminarily and
permanently
enjoin such |
20 | | violation, and if it is established that such person has |
21 | | violated
or is violating the injunction, the court may punish |
22 | | the offender for contempt
of court. Proceedings under this |
23 | | Section shall be in addition to, and not in
lieu of, all other |
24 | | remedies and penalties provided by this Act.
|
25 | | (b) If any person practices shall practice as a |
|
| | HB2517 Enrolled | - 39 - | LRB098 10264 MGM 40435 b |
|
|
1 | | veterinarian or hold himself or herself out
as a veterinarian |
2 | | without being licensed under the provision of this Act
then any |
3 | | licensed veterinarian, any interested party or any person |
4 | | injured
thereby may, in addition to the Secretary, petition for |
5 | | relief as provided
in subsection (a) of this Section.
|
6 | | (c) Whenever in the opinion of the Department any person |
7 | | violates any
provision of this Act, the Department may issue a |
8 | | rule to show cause why
an order to cease and desist should not |
9 | | be entered against him or her . The rule shall clearly
set forth |
10 | | the grounds relied upon by the Department and shall provide a
|
11 | | period of 7 days from the date of the rule to file an answer to |
12 | | the satisfaction
of the Department. Failure to answer to the |
13 | | satisfaction of the Department
shall cause an order to cease |
14 | | and desist to be issued forthwith.
|
15 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
16 | | (225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
|
17 | | (Section scheduled to be repealed on January 1, 2014)
|
18 | | Sec. 25.2. Investigation; notice and hearing . The |
19 | | Department may investigate the
actions of any applicant or of |
20 | | any person or persons holding or claiming to
hold a license or |
21 | | certificate. The Department shall, before refusing to issue,
to |
22 | | renew or discipline a license or certificate under Section 25, |
23 | | at least 30
days prior to the date set for the hearing, notify |
24 | | the applicant or licensee in writing the applicant
for, or |
25 | | holder of, a license or certificate of the nature of the |
|
| | HB2517 Enrolled | - 40 - | LRB098 10264 MGM 40435 b |
|
|
1 | | charges and
the time and place for that a hearing will be held |
2 | | on the charges date designated . The Department shall direct
the |
3 | | applicant, certificate holder, or licensee to file a written |
4 | | answer to the charges with to the
Board under oath within 20 |
5 | | days after the service of the notice and inform the
applicant, |
6 | | certificate holder, or licensee that failure to file an answer |
7 | | will
result in default being taken against the applicant, |
8 | | certificate holder, or
licensee . At the time and place fixed in |
9 | | the notice, the Department shall proceed to hear the charges |
10 | | and the parties or their counsel shall be accorded ample |
11 | | opportunity to present any pertinent statements, testimony, |
12 | | evidence, and arguments. The Department may continue the |
13 | | hearing from time to time. In case the person, after receiving |
14 | | the notice, fails to file an answer, his or her license may, in |
15 | | the discretion of the Department, be revoked, suspended, placed |
16 | | on probationary status, or the Department may take whatever |
17 | | disciplinary action considered proper, including limiting the |
18 | | scope, nature, or extent of the person's practice or the |
19 | | imposition of a fine, without a hearing, if the act or acts |
20 | | charged constitute sufficient grounds for that action under the |
21 | | Act. The written notice and any notice in the subsequent |
22 | | proceeding may be served by registered or certified mail to the |
23 | | licensee's address of record. and that the license or |
24 | | certificate may be suspended, revoked, placed
on probationary |
25 | | status, or other disciplinary action may be taken, including
|
26 | | limiting the scope, nature or extent of practice, as the |
|
| | HB2517 Enrolled | - 41 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Secretary may deem
proper. Written notice may be served by |
2 | | personal delivery or certified or
registered mail to the |
3 | | respondent at the address of his last notification to
the |
4 | | Department. In case the person fails to file an answer after |
5 | | receiving
notice, his or her license or certificate may, in the |
6 | | discretion of the
Department, be suspended, revoked, or placed |
7 | | on probationary status, or the
Department may take whatever |
8 | | disciplinary action deemed proper, including
limiting the |
9 | | scope, nature, or extent of the person's practice or the
|
10 | | imposition of a fine, without a hearing, if the act or acts |
11 | | charged constitute
sufficient grounds for such action under |
12 | | this Act. At the time and place fixed
in the notice, the Board |
13 | | shall proceed to hear the charges and the parties or
their |
14 | | counsel shall be accorded ample opportunity to present any |
15 | | statements,
testimony, evidence, and argument pertinent to the |
16 | | charges or to their defense.
The Board may continue a hearing |
17 | | from time to time.
|
18 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
19 | | (225 ILCS 115/25.2a new) |
20 | | Sec. 25.2a. Confidentiality. All information collected by |
21 | | the Department in the course of an examination or investigation |
22 | | of a licensee or applicant, including, but not limited to, any |
23 | | complaint against a licensee filed with the Department and |
24 | | information collected to investigate any such complaint, shall |
25 | | be maintained for the confidential use of the Department and |
|
| | HB2517 Enrolled | - 42 - | LRB098 10264 MGM 40435 b |
|
|
1 | | shall not be disclosed. The Department may not disclose the |
2 | | information to anyone other than law enforcement officials, |
3 | | other regulatory agencies that have an appropriate regulatory |
4 | | interest as determined by the Secretary, or to a party |
5 | | presenting a lawful subpoena to the Department. Information and |
6 | | documents disclosed to a federal, State, county, or local law |
7 | | enforcement agency shall not be disclosed by the agency for any |
8 | | purpose to any other agency or person. A formal complaint filed |
9 | | against a licensee by the Department or any order issued by the |
10 | | Department against a licensee or applicant shall be a public |
11 | | record, except as otherwise prohibited by law.
|
12 | | (225 ILCS 115/25.3) (from Ch. 111, par. 7025.3)
|
13 | | (Section scheduled to be repealed on January 1, 2014)
|
14 | | Sec. 25.3. Records of proceedings. The Department, at its |
15 | | expense, shall
preserve a record of all proceedings at the |
16 | | formal hearing of any case
involving the refusal to issue, |
17 | | renew or discipline of a license or
certificate. The notice of |
18 | | hearing, complaint and all other documents in the
nature of |
19 | | pleadings and written motions filed in the proceedings, the
|
20 | | transcript of testimony, the report of the Board and orders of |
21 | | the Department
shall be the record of such proceeding . Any |
22 | | registrant who is found to have violated this Act or who fails |
23 | | to appear for a hearing to refuse to issue, restore, or renew a |
24 | | license or to discipline a licensee may be required by the |
25 | | Department to pay for the costs of the proceeding. These costs |
|
| | HB2517 Enrolled | - 43 - | LRB098 10264 MGM 40435 b |
|
|
1 | | are limited to costs for court reporters, transcripts, and |
2 | | witness attendance and mileage fees. All costs imposed under |
3 | | this Section shall be paid within 60 days after the effective |
4 | | date of the order imposing the fine.
|
5 | | (Source: P.A. 88-424 .)
|
6 | | (225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)
|
7 | | (Section scheduled to be repealed on January 1, 2014)
|
8 | | Sec. 25.4.
The Department may shall have the power to |
9 | | subpoena and bring
before it any person in this State and to |
10 | | take the oral or written testimony or compel the production of |
11 | | any books, papers, records, or any other documents that the |
12 | | Secretary or his or her designee deems relevant or material to |
13 | | an investigation or hearing conducted by the Department either |
14 | | orally or
by deposition, or both , with the same fees and |
15 | | mileage and in the same manner
as prescribed by law in judicial |
16 | | procedure in civil cases in courts of this
State.
|
17 | | The Secretary, the designated hearing officer, any and |
18 | | every member of the Board , or a certified shorthand court |
19 | | reporter may
shall have power to administer oaths to witnesses |
20 | | at any hearing which the
Department conducts is authorized by |
21 | | law to conduct, and any other oaths required
or authorized in |
22 | | any Act administered by the Department . Notwithstanding any |
23 | | other statute or Department rule to the contrary, all requests |
24 | | for testimony, production of documents or records shall be in |
25 | | accordance with this Act.
|
|
| | HB2517 Enrolled | - 44 - | LRB098 10264 MGM 40435 b |
|
|
1 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
2 | | (225 ILCS 115/25.5) (from Ch. 111, par. 7025.5)
|
3 | | (Section scheduled to be repealed on January 1, 2014)
|
4 | | Sec. 25.5.
Any circuit court may , upon application of the |
5 | | Department or
designee or of the applicant or licensee against |
6 | | whom proceedings upon Section
25 of this Act are pending , may |
7 | | enter an order requiring the attendance and testimony of
|
8 | | witnesses
and their testimony, and the production of relevant |
9 | | documents, papers, files, books
and records in connection with |
10 | | any hearing or investigation. The court
may compel obedience to |
11 | | its order by proceedings for contempt.
|
12 | | (Source: P.A. 83-1016 .)
|
13 | | (225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
|
14 | | (Section scheduled to be repealed on January 1, 2014)
|
15 | | Sec. 25.6. Board Written report. At the conclusion of the |
16 | | hearing the Board
shall present to the Secretary a written |
17 | | report of its findings of fact,
conclusions of law, and |
18 | | recommendations. The report shall contain a finding
whether or |
19 | | not the accused person violated this Act or failed to comply |
20 | | with
the conditions required in this Act. The Board shall |
21 | | specify the nature of the
violation or failure to comply, and |
22 | | shall make its recommendations to the Secretary.
|
23 | | The report of findings of fact, conclusions of law and |
24 | | recommendation of
the Board shall be the basis for the |
|
| | HB2517 Enrolled | - 45 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Department's order for refusing to issue, restore, or renew a |
2 | | license, or otherwise disciplining a licensee, or refusal or |
3 | | for
the granting of a license, certificate, or permit. If the |
4 | | Secretary disagrees
in any regard with the report of the Board, |
5 | | then the Secretary may issue an order in
contravention thereof. |
6 | | The Secretary shall provide a written report to the
Board on |
7 | | any deviation, and shall specify with particularity the reasons |
8 | | for
the action in the final order. The finding is not |
9 | | admissible in evidence
against the person in a criminal |
10 | | prosecution brought for the violation of this
Act, but the |
11 | | hearing and finding are not a bar to a criminal prosecution
|
12 | | brought for the violation of this Act.
|
13 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
14 | | (225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
|
15 | | (Section scheduled to be repealed on January 1, 2014)
|
16 | | Sec. 25.7. Motion for rehearing; procedure Procedure upon |
17 | | refusal to license or issue certificate. In
any hearing case |
18 | | under Section 25 involving the refusal to issue, renew, or
|
19 | | discipline a license or certificate, a copy of the Board's |
20 | | report shall be
served upon the respondent by the Department, |
21 | | either personally or as provided
in this Act for the service of |
22 | | the notice of hearing. Within 20 days after
service, the |
23 | | respondent may present to the Department a motion in writing |
24 | | for a
rehearing. The motion shall specify the particular |
25 | | grounds for the rehearing.
If no motion for rehearing is filed, |
|
| | HB2517 Enrolled | - 46 - | LRB098 10264 MGM 40435 b |
|
|
1 | | then upon the expiration of the time
specified for filing a |
2 | | motion, or if a motion for rehearing is denied, then
upon the |
3 | | denial, then the Secretary may enter an order in accordance |
4 | | with
recommendations of the Board except as provided in Section |
5 | | 25.6 of this Act.
If the respondent orders from the reporting |
6 | | service, and pays for a transcript
of the record within the |
7 | | time for filing a motion for rehearing, the 20 day
period |
8 | | within which such a motion may be filed shall commence upon the |
9 | | delivery
of the transcript to the respondent.
|
10 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
11 | | (225 ILCS 115/25.8) (from Ch. 111, par. 7025.8)
|
12 | | (Section scheduled to be repealed on January 1, 2014)
|
13 | | Sec. 25.8. Rehearing ordered by Secretary. Whenever the |
14 | | Secretary is not satisfied
that substantial justice has not |
15 | | been done in the revocation, suspension, or
refusal to issue or |
16 | | renew a license or certificate, the Secretary may order a
|
17 | | rehearing by the Board or a designated hearing officer.
|
18 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
19 | | (225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
|
20 | | (Section scheduled to be repealed on January 1, 2014)
|
21 | | Sec. 25.9. Hearing officers; reports; review. The |
22 | | Notwithstanding the
provisions of Section 25.2 of this Act, the |
23 | | Secretary shall have the authority
to appoint any attorney duly |
24 | | licensed to practice law in the State of Illinois
to serve as |
|
| | HB2517 Enrolled | - 47 - | LRB098 10264 MGM 40435 b |
|
|
1 | | the hearing officer in any action for refusal to issue, renew, |
2 | | or
discipline of a license, certificate, or permit. The |
3 | | Secretary shall notify the
Board of any appointment. The |
4 | | hearing officer shall have full authority to
conduct the |
5 | | hearing. The hearing officer shall report his or her findings |
6 | | of
fact, conclusions of law, and recommendations to the Board |
7 | | and the Secretary.
The Board shall have 60 days from receipt of |
8 | | the report to review the report of
the hearing officer and |
9 | | present its findings of fact, conclusions of law, and
|
10 | | recommendations to the Secretary. If the Board fails to present |
11 | | its report
within the 60 day period, then the Secretary may |
12 | | issue an order based on the report
of the hearing officer. If |
13 | | the Secretary disagrees in any regard with the
recommendation |
14 | | report of the Board or hearing officer, then the Secretary may |
15 | | issue an order in
contravention of the report. The Secretary |
16 | | shall provide a written explanation
to the Board on any |
17 | | deviation, and shall specify with particularity the reasons
for |
18 | | the action in the final order. At least 2 licensed veterinarian |
19 | | members of
the Board should be present at all formal hearings |
20 | | on the merits of complaints
brought under the provisions of |
21 | | this Act.
|
22 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
23 | | (225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
|
24 | | (Section scheduled to be repealed on January 1, 2014)
|
25 | | Sec. 25.10. Order or certified copy; prima facie proof.
An |
|
| | HB2517 Enrolled | - 48 - | LRB098 10264 MGM 40435 b |
|
|
1 | | order or a certified copy thereof, over the seal of the |
2 | | Department and
purporting to be signed by the Secretary, shall |
3 | | be prima facie proof that:
|
4 | | (a) the signature is the genuine signature of the |
5 | | Secretary; and
|
6 | | (b) the Secretary is duly appointed and qualified . ;
|
7 | | and
|
8 | | (c) the Board and the members thereof are qualified to |
9 | | act.
|
10 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
11 | | (225 ILCS 115/25.11) (from Ch. 111, par. 7025.11)
|
12 | | (Section scheduled to be repealed on January 1, 2014)
|
13 | | Sec. 25.11. Restoration of license or certificate from |
14 | | discipline . At any time after successful completion of a term |
15 | | of indefinite probation, suspension, or revocation of a |
16 | | license, the Department may restore the license, unless, after |
17 | | an investigation and a hearing, the Secretary determines that |
18 | | restoration is not in the public interest or that the licensee |
19 | | has not been sufficiently rehabilitated to warrant the public |
20 | | trust. No person or entity whose license, certificate, or |
21 | | authority has been revoked as authorized in this Act may apply |
22 | | for restoration of that license, certification, or authority |
23 | | until such time as provided for in the Civil Administrative |
24 | | Code of Illinois. the
suspension or revocation of any license |
25 | | or certificate, the Department may
restore it to the accused |
|
| | HB2517 Enrolled | - 49 - | LRB098 10264 MGM 40435 b |
|
|
1 | | person, upon the written recommendation of the Board
unless |
2 | | after an investigation and a hearing, the Department determines |
3 | | that
restoration is not in the public interest.
|
4 | | (Source: P.A. 88-424 .)
|
5 | | (225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)
|
6 | | (Section scheduled to be repealed on January 1, 2014)
|
7 | | Sec. 25.13. Summary suspension. The Secretary may |
8 | | summarily temporarily suspend the license of a
licensee |
9 | | veterinarian
without a hearing, simultaneously with the |
10 | | institution of proceedings for
a hearing provided for in |
11 | | Section 25.2 of this Act, if the Secretary finds
that the |
12 | | evidence in his possession indicates that a licensee's |
13 | | veterinarian's continuation
in practice would constitute an |
14 | | imminent danger to the public. In the event
that the Secretary |
15 | | summarily suspends , temporarily, the license of a veterinarian |
16 | | without
a hearing, a hearing shall be commenced by the Board |
17 | | must be held within 30 days after such
suspension has occurred |
18 | | and shall be concluded as expeditiously as possible .
|
19 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
20 | | (225 ILCS 115/25.14) (from Ch. 111, par. 7025.14)
|
21 | | (Section scheduled to be repealed on January 1, 2014)
|
22 | | Sec. 25.14.
All final administrative decisions of the |
23 | | Department are subject
to judicial review pursuant to the |
24 | | provisions of the Administrative Review
Law , as now or |
|
| | HB2517 Enrolled | - 50 - | LRB098 10264 MGM 40435 b |
|
|
1 | | hereafter amended, and all rules adopted pursuant thereto.
The |
2 | | term "administrative decision" is defined as in Section 3-101 |
3 | | of the
Code of Civil Procedure.
|
4 | | Proceedings for judicial review shall be commenced in the |
5 | | circuit court
of the county in which the party applying for |
6 | | review resides; but if the
party is not a resident of this |
7 | | State, venue shall be Sangamon County.
|
8 | | (Source: P.A. 83-101 .)
|
9 | | (225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
|
10 | | (Section scheduled to be repealed on January 1, 2014)
|
11 | | Sec. 25.15. Certification of record. The Department shall |
12 | | not be
required to certify any record
to the Court or file any |
13 | | answer in court or otherwise appear in any court
in a judicial |
14 | | review proceeding, unless and until the Department has received |
15 | | from the plaintiff there is filed in the court, with
the |
16 | | complaint, a receipt from the Department acknowledging payment |
17 | | of the
costs of furnishing and certifying the record , which |
18 | | costs shall be determined by the Department. Exhibits shall be |
19 | | certified without cost . Failure on the part of
the plaintiff to |
20 | | file a receipt in Court shall be grounds for
dismissal
of the |
21 | | action.
|
22 | | (Source: P.A. 87-1031 .)
|
23 | | (225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
|
24 | | (Section scheduled to be repealed on January 1, 2014)
|
|
| | HB2517 Enrolled | - 51 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Sec. 25.16. Any person who is found to have violated any |
2 | | provision of this
Act is guilty of a Class A misdemeanor for |
3 | | the first offense . On conviction of a second or
subsequent |
4 | | offense, the violator shall be guilty of a Class 4 felony.
All |
5 | | criminal fines, monies, or other property collected or received |
6 | | by
the Department under this Section or any other State or |
7 | | federal statute,
including, but not limited to, property |
8 | | forfeited to the Department under
Section 505 of The Illinois |
9 | | Controlled Substances Act or Section 85 of the Methamphetamine |
10 | | Control and Community Protection Act, shall be deposited
into |
11 | | the Professional Regulation Evidence Fund.
|
12 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
13 | | (225 ILCS 115/25.18)
|
14 | | (Section scheduled to be repealed on January 1, 2014)
|
15 | | Sec. 25.18. Civil penalties for unlicensed practice |
16 | | Penalties .
|
17 | | (a) In addition to any other penalty provided by law, any |
18 | | person who
violates Section 5 of this Act or any other |
19 | | provision of this Act shall , in addition to any other penalty |
20 | | provided by law, forfeit
and pay a civil penalty to the |
21 | | Department in an amount not to exceed $10,000 for
each offense |
22 | | as determined by the Department and the assessment of costs as |
23 | | provided for in Section 25.3 . The civil penalty shall be
|
24 | | assessed by the Department after a hearing is held in |
25 | | accordance with the provisions set forth in
this Act Section |
|
| | HB2517 Enrolled | - 52 - | LRB098 10264 MGM 40435 b |
|
|
1 | | 25.3 through Section 25.10 and Section 25.14 .
|
2 | | (b) The Department has the authority and power to |
3 | | investigate any and
all unlicensed activity.
|
4 | | (c) The civil penalty shall be paid within 60 days after |
5 | | the effective date
of the order imposing the civil penalty. The |
6 | | order shall constitute a judgment
and may be filed and |
7 | | execution had thereon in the same manner as any judgment
from |
8 | | any court of record.
|
9 | | (d) All monies collected under this Section shall be |
10 | | deposited into the
Professional Regulation Evidence Fund.
|
11 | | (Source: P.A. 96-1322, eff. 7-27-10.)
|
12 | | (225 ILCS 115/26) (from Ch. 111, par. 7026)
|
13 | | (Section scheduled to be repealed on January 1, 2014)
|
14 | | Sec. 26. Home rule. The regulation and licensing as a |
15 | | veterinarian are exclusive powers and functions of the State. A |
16 | | home rule unit may not regulate or license a veterinarian or |
17 | | the practice of veterinary medicine. This Section is a denial |
18 | | and limitation of home rule powers and functions under |
19 | | subsection (h) of Section 6 of Article VII of the Illinois |
20 | | Constitution. It is declared to be the public policy of this |
21 | | State, pursuant
to paragraphs (h) and (i) of Section 6 of |
22 | | Article VII of the
Illinois Constitution
of 1970, that any |
23 | | power or function set forth in this Act to be exercised
by the |
24 | | State is an exclusive State power or function. Such power or |
25 | | function
shall not be exercised concurrently, either directly |
|
| | HB2517 Enrolled | - 53 - | LRB098 10264 MGM 40435 b |
|
|
1 | | or indirectly, by any
unit of local government, including home |
2 | | rule units, except as otherwise
provided in this Act.
|
3 | | (Source: P.A. 90-655, eff. 7-30-98 .)
|
4 | | (225 ILCS 115/27) (from Ch. 111, par. 7027)
|
5 | | (Section scheduled to be repealed on January 1, 2014)
|
6 | | Sec. 27. Administrative Procedure Act. The Illinois |
7 | | Administrative Procedure
Act is hereby expressly adopted and |
8 | | incorporated into this Act as if all of the
provisions of that |
9 | | Act were included in this Act, except that the provision of
|
10 | | subsection (d) of Section 10-65 of the Illinois Administrative |
11 | | Procedure Act
that provides that at hearings the licensee or |
12 | | certificate holder has the right
to show compliance with all |
13 | | lawful requirements for retention,
continuation, or renewal of |
14 | | the license or certificate is specifically
excluded. For the |
15 | | purpose of this Act the notice required
under Section 10-25 of |
16 | | the Illinois Administrative Procedure Act
is considered |
17 | | sufficient when mailed to the last known address of record. a |
18 | | party.
|
19 | | (Source: P.A. 88-45; 88-424; 88-670, eff. 12-2-94 .)
|
20 | | (225 ILCS 115/14.2 rep.) |
21 | | (225 ILCS 115/15 rep.)
|
22 | | (225 ILCS 115/19 rep.)
|
23 | | (225 ILCS 115/20 rep.)
|
24 | | Section 15. The Veterinary Medicine and Surgery Practice |
|
| | HB2517 Enrolled | - 54 - | LRB098 10264 MGM 40435 b |
|
|
1 | | Act of 2004 is amended by repealing Sections 14.2, 15, 19, and |
2 | | 20.
|
3 | | Section 99. Effective date. This Act takes effect December |
4 | | 31, 2013.
|
| | | HB2517 Enrolled | - 55 - | LRB098 10264 MGM 40435 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.24 | | | 4 | | 5 ILCS 80/4.34 new | | | 5 | | 225 ILCS 115/3 | from Ch. 111, par. 7003 | | 6 | | 225 ILCS 115/4 | from Ch. 111, par. 7004 | | 7 | | 225 ILCS 115/5 | from Ch. 111, par. 7005 | | 8 | | 225 ILCS 115/6 | from Ch. 111, par. 7006 | | 9 | | 225 ILCS 115/7 | from Ch. 111, par. 7007 | | 10 | | 225 ILCS 115/12 | from Ch. 111, par. 7012 | | 11 | | 225 ILCS 115/13 | from Ch. 111, par. 7013 | | 12 | | 225 ILCS 115/14 | from Ch. 111, par. 7014 | | 13 | | 225 ILCS 115/16 | from Ch. 111, par. 7016 | | 14 | | 225 ILCS 115/19.1 new | | | 15 | | 225 ILCS 115/24 | from Ch. 111, par. 7024 | | 16 | | 225 ILCS 115/25 | from Ch. 111, par. 7025 | | 17 | | 225 ILCS 115/25.1 | from Ch. 111, par. 7025.1 | | 18 | | 225 ILCS 115/25.2 | from Ch. 111, par. 7025.2 | | 19 | | 225 ILCS 115/25.2a new | | | 20 | | 225 ILCS 115/25.3 | from Ch. 111, par. 7025.3 | | 21 | | 225 ILCS 115/25.4 | from Ch. 111, par. 7025.4 | | 22 | | 225 ILCS 115/25.5 | from Ch. 111, par. 7025.5 | | 23 | | 225 ILCS 115/25.6 | from Ch. 111, par. 7025.6 | | 24 | | 225 ILCS 115/25.7 | from Ch. 111, par. 7025.7 | | 25 | | 225 ILCS 115/25.8 | from Ch. 111, par. 7025.8 | |
| | | HB2517 Enrolled | - 56 - | LRB098 10264 MGM 40435 b |
|
| 1 | | 225 ILCS 115/25.9 | from Ch. 111, par. 7025.9 | | 2 | | 225 ILCS 115/25.10 | from Ch. 111, par. 7025.10 | | 3 | | 225 ILCS 115/25.11 | from Ch. 111, par. 7025.11 | | 4 | | 225 ILCS 115/25.13 | from Ch. 111, par. 7025.13 | | 5 | | 225 ILCS 115/25.14 | from Ch. 111, par. 7025.14 | | 6 | | 225 ILCS 115/25.15 | from Ch. 111, par. 7025.15 | | 7 | | 225 ILCS 115/25.16 | from Ch. 111, par. 7025.16 | | 8 | | 225 ILCS 115/25.18 | | | 9 | | 225 ILCS 115/26 | from Ch. 111, par. 7026 | | 10 | | 225 ILCS 115/27 | from Ch. 111, par. 7027 | | 11 | | 225 ILCS 115/14.2 rep. | | | 12 | | 225 ILCS 115/15 rep. | | | 13 | | 225 ILCS 115/19 rep. | | | 14 | | 225 ILCS 115/20 rep. | |
|
|