Public Act 103-0505
 
SB2059 EnrolledLRB103 28981 AMQ 55367 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.34 and 4.39 as follows:
 
    (5 ILCS 80/4.34)
    Sec. 4.34. Acts and Section repealed on January 1, 2024.
The following Acts and Section of an Act are repealed on
January 1, 2024:
        The Crematory Regulation Act.
        The Electrologist Licensing Act.
        The Illinois Certified Shorthand Reporters Act of
    1984.
        The Illinois Occupational Therapy Practice Act.
        The Illinois Public Accounting Act.
        The Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004.
        The Registered Surgical Assistant and Registered
    Surgical Technologist Title Protection Act.
        Section 2.5 of the Illinois Plumbing License Law.
        The Veterinary Medicine and Surgery Practice Act of
    2004.
(Source: P.A. 102-291, eff. 8-6-21.)
 
    (5 ILCS 80/4.39)
    Sec. 4.39. Acts repealed on January 1, 2029 and December
31, 2029.
    (a) The following Act is repealed on January 1, 2029:
        The Environmental Health Practitioner Licensing Act.
        The Veterinary Medicine and Surgery Practice Act of
    2004.
    (b) The following Act is repealed on December 31, 2029:
        The Structural Pest Control Act.
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
101-81, eff. 7-12-19.)
 
    Section 10. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Sections 3, 4, 8, 10, 10.5,
11, 12, 14.1, 25, 25.2, 25.6, 25.7, 25.9, 25.15, 25.17, and 27
and by adding Sections 3.5 and 4.5 as follows:
 
    (225 ILCS 115/3)  (from Ch. 111, par. 7003)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 3. Definitions. The following terms have the meanings
indicated, unless the context requires otherwise:
    "Accredited college of veterinary medicine" means a
veterinary college, school, or division of a university or
college that offers the degree of Doctor of Veterinary
Medicine or its equivalent and that is accredited by the
Council on Education of the American Veterinary Medical
Association (AVMA).
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address,
and those changes must be made either through the Department's
website or by contacting the Department.
    "Accredited program in veterinary technology" means any
post-secondary educational program that is accredited by the
AVMA's Committee on Veterinary Technician Education and
Activities or any veterinary technician program that is
recognized as its equivalent by the AVMA's Committee on
Veterinary Technician Education and Activities.
    "Animal" means any animal, vertebrate or invertebrate,
other than a human.
    "Board" means the Veterinary Licensing and Disciplinary
Board.
    "Certified veterinary technician" means a person who is
validly and currently licensed to practice veterinary
technology in this State.
    "Client" means an entity, person, group, or corporation
that has entered into an agreement with a veterinarian for the
purposes of obtaining veterinary medical services.
    "Complementary, alternative, and integrative therapies"
means a heterogeneous group of diagnostic and therapeutic
philosophies and practices, which at the time they are
performed may differ from current scientific knowledge, or
whose theoretical basis and techniques may diverge from
veterinary medicine routinely taught in accredited veterinary
medical colleges, or both. "Complementary, alternative, and
integrative therapies" include, but are not limited to,
veterinary acupuncture, acutherapy, and acupressure;
veterinary homeopathy; veterinary manual or manipulative
therapy or therapy based on techniques practiced in
osteopathy, chiropractic medicine, or physical medicine and
therapy; veterinary nutraceutical therapy; veterinary
phytotherapy; and other therapies as defined by rule.
    "Consultation" means when a veterinarian receives advice
in person, telephonically, electronically, or by any other
method of communication from a veterinarian licensed in this
or any other state or other person whose expertise, in the
opinion of the veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the
patient remains with the veterinarian receiving consultation.
    "Department" means the Department of Financial and
Professional Regulation.
    "Direct supervision" means the supervising veterinarian is
readily available on the premises where the animal is being
treated.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Immediate supervision" means the supervising veterinarian
is in the immediate area, within audible and visual range of
the animal patient and the person treating the patient.
    "Impaired veterinarian" means a veterinarian who is unable
to practice veterinary medicine with reasonable skill and
safety because of a physical or mental disability as evidenced
by a written determination or written consent based on
clinical evidence, including deterioration through the aging
process, loss of motor skills, or abuse of drugs or alcohol of
sufficient degree to diminish a person's ability to deliver
competent patient care.
    "Indirect supervision" means the supervising veterinarian
need not be on the premises, but has given either written or
oral instructions for the treatment of the animal and is
available by telephone or other form of communication.
    "Licensed veterinarian" means a person who is validly and
currently licensed to practice veterinary medicine in this
State.
    "Patient" means an animal or group of animals that is
examined or treated by a veterinarian.
    "Person" means an individual, firm, partnership (general,
limited, or limited liability), association, joint venture,
cooperative, corporation, limited liability company, or any
other group or combination acting in concert, whether or not
acting as a principal, partner, member, trustee, fiduciary,
receiver, or any other kind of legal or personal
representative, or as the successor in interest, assignee,
agent, factor, servant, employee, director, officer, or any
other representative of such person.
    "Practice of veterinary medicine" means to diagnose,
prognose, treat, correct, change, alleviate, or prevent animal
disease, illness, pain, deformity, defect, injury, or other
physical, dental, or mental conditions by any method or mode,
such as telemedicine, ; including the performance of one or
more of the following:
        (1) Prescribing, dispensing, administering, applying,
    or ordering the administration of any drug, medicine,
    biologic, apparatus, anesthetic, or other therapeutic or
    diagnostic substance, or medical or surgical technique.
        (2) (Blank).
        (3) Performing upon an animal a surgical or dental
    operation.
        (3.5) Performing upon an animal complementary,
    alternative, or integrative therapy.
        (4) Performing upon an animal any manual or mechanical
    procedure for reproductive management, including the
    diagnosis or treatment of pregnancy, sterility, or
    infertility.
        (4.5) The rendering of advice or recommendation by any
    means, including telephonic and other electronic
    communications, with regard to the performing upon an
    animal any manual or mechanical procedure for reproductive
    management, including the diagnosis or treatment of
    pregnancy, sterility, or infertility.
        (5) Determining the health and fitness of an animal.
        (6) Representing oneself, directly or indirectly, as
    engaging in the practice of veterinary medicine.
        (7) Using any word, letters, or title under such
    circumstances as to induce the belief that the person
    using them is qualified to engage in the practice of
    veterinary medicine or any of its branches. Such use shall
    be prima facie evidence of the intention to represent
    oneself as engaging in the practice of veterinary
    medicine.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Supervising veterinarian" means a veterinarian who
assumes responsibility for the professional care given to an
animal by a person working under his or her direction in either
an immediate, direct, or indirect supervision arrangement. The
supervising veterinarian must have examined the animal at such
time as acceptable veterinary medical practices requires,
consistent with the particular delegated animal health care
task.
    "Therapeutic" means the treatment, control, and prevention
of disease.
    "Veterinarian" means a person who is validly and currently
licensed to practice veterinary medicine in this State.
    "Veterinarian-client-patient relationship" means that all
of the following conditions have been met:
        (1) The veterinarian has assumed the responsibility
    for making clinical judgments regarding the health of an
    animal and the need for medical treatment and the client,
    owner, or other caretaker has agreed to follow the
    instructions of the veterinarian;
        (2) There is sufficient knowledge of an animal by the
    veterinarian to initiate at least a general or preliminary
    diagnosis of the medical condition of the animal. This
    means that the veterinarian has recently seen and is
    personally acquainted with the keeping and care of the
    animal by virtue of an in-person examination of the animal
    or by medically appropriate and timely visits to the
    premises where the animal is kept, or the veterinarian has
    access to the animal patient's records and has been
    designated by the veterinarian with the prior relationship
    to provide reasonable and appropriate medical care if the
    veterinarian with the prior relationship he or she is
    unavailable; and
        (3) The practicing veterinarian is readily available
    for follow-up in case of adverse reactions or failure of
    the treatment regimen or, if unavailable, has designated
    another available veterinarian who has access to the
    animal patient's records to provide reasonable and
    appropriate medical care.
    "Veterinarian-client-patient relationship" does not mean a
relationship solely based on telephonic or other electronic
communications.
    "Veterinary medicine" means all branches and specialties
included within the practice of veterinary medicine.
    "Veterinary premises" means any premises or facility where
the practice of veterinary medicine occurs, including, but not
limited to, a mobile clinic, outpatient clinic, satellite
clinic, or veterinary hospital or clinic. "Veterinary
premises" does not mean the premises of a veterinary client,
research facility, a federal military base, or an accredited
college of veterinary medicine.
    "Veterinary prescription drugs" means those drugs
restricted to use by or on the order of a licensed veterinarian
in accordance with Section 503(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 353).
    "Veterinary specialist" means a veterinarian: (1) who has
been awarded and maintains certification from a veterinary
specialty organization recognized by the American Board of
Veterinary Specialties; (2) who has been awarded and maintains
certification from a veterinary certifying organization whose
standards have been found by the Board to be equivalent to or
more stringent than those of American Board of Veterinary
Specialties-recognized veterinary specialty organizations; or
(3) who otherwise meets criteria that may be established by
the Board to support a claim to be a veterinary specialist that
a veterinarian is a diplomate within an AVMA-recognized
veterinary specialty organization.
    "Veterinary technology" means the performance of services
within the field of veterinary medicine by a person who, for
compensation or personal profit, is employed by a licensed
veterinarian to perform duties that require an understanding
of veterinary medicine necessary to carry out the orders of
the veterinarian. Those services, however, shall not include
diagnosing, prognosing, prescribing writing prescriptions, or
surgery.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/3.5 new)
    Sec. 3.5. Address of record; email address of record. All
applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after
    such change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (225 ILCS 115/4)  (from Ch. 111, par. 7004)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 4. Exemptions. Nothing in this Act shall apply to any
of the following:
        (1) Veterinarians employed by the federal or State
    government while engaged in their official duties.
        (2) Licensed veterinarians from other states who are
    invited to Illinois for consultation by a veterinarian
    licensed in Illinois.
        (3) Veterinarians employed by colleges or universities
    while engaged in the performance of their official duties,
    or faculty engaged in animal husbandry or animal
    management programs of colleges or universities.
        (3.5) A veterinarian or veterinary technician from
    another state or country who (A) is not licensed under
    this Act; (B) is currently licensed as a veterinarian or
    veterinary technician in another state or country, or
    otherwise exempt from licensure in the other state; (C) is
    an invited guest of a professional veterinary association,
    veterinary training program, or continuing education
    provider approved by the Department; and (D) engages in
    professional education through lectures, clinics, or
    demonstrations.
        (4) A veterinarian employed by an accredited college
    of veterinary medicine providing assistance requested by a
    veterinarian licensed in Illinois, acting with informed
    consent from the client and acting under the direct or
    indirect supervision and control of the licensed
    veterinarian. Providing assistance involves hands-on
    active participation in the treatment and care of the
    patient. The licensed veterinarian shall maintain
    responsibility for the veterinarian-client-patient
    relationship.
        (5) Veterinary students in an accredited college of
    veterinary medicine, university, department of a
    university, or other institution of veterinary medicine
    and surgery engaged in duties assigned by their
    instructors or working under the immediate or direct
    supervision of a licensed veterinarian.
        (5.5) Students of an accredited program in veterinary
    technology performing veterinary technology duties or
    actions assigned by instructors or working under the
    immediate or direct supervision of a licensed
    veterinarian.
        (6) Any person engaged in bona fide scientific
    research which requires the use of animals.
        (7) An owner of livestock and any of the owner's
    employees or the owner and employees of a service and care
    provider of livestock caring for and treating livestock
    belonging to the owner or under a provider's care,
    including but not limited to, the performance of husbandry
    and livestock management practices such as dehorning,
    castration, emasculation, or docking of cattle, horses,
    sheep, goats, and swine, artificial insemination, and
    drawing of semen. Nor shall this Act be construed to
    prohibit any person from administering in a humane manner
    medicinal or surgical treatment to any livestock in the
    care of such person. However, any such services shall
    comply with the Humane Care for Animals Act.
        (8) An owner of an animal, or an agent of the owner
    acting with the owner's approval, in caring for, training,
    or treating an animal belonging to the owner, so long as
    that individual or agent does not represent himself or
    herself as a veterinarian or use any title associated with
    the practice of veterinary medicine or surgery or
    diagnose, prescribe drugs, or perform surgery. The agent
    shall provide the owner with a written statement
    summarizing the nature of the services provided and obtain
    a signed acknowledgment from the owner that they accept
    the services provided. The services shall comply with the
    Humane Care for Animals Act. The provisions of this item
    (8) do not apply to a person who is exempt under item (7).
        (9) A member in good standing of another licensed or
    regulated profession within any state or a member of an
    organization or group approved by the Department by rule
    providing assistance that is requested in writing by a
    veterinarian licensed in this State acting within a
    veterinarian-client-patient relationship and with
    informed consent from the client and the member is acting
    under the immediate, direct, or indirect supervision and
    control of the licensed veterinarian. Providing assistance
    involves hands-on active participation in the treatment
    and care of the patient, as defined by rule. The licensed
    veterinarian shall maintain responsibility for the
    veterinarian-client-patient relationship, but shall be
    immune from liability, except for willful and wanton
    conduct, in any civil or criminal action if a member
    providing assistance does not meet the requirements of
    this item (9).
        (10) A graduate of a non-accredited college of
    veterinary medicine who is in the process of obtaining a
    certificate of educational equivalence and is performing
    duties or actions assigned by instructors in an approved
    college of veterinary medicine.
        (10.5) A veterinarian who is enrolled in a
    postgraduate instructional program in an accredited
    college of veterinary medicine performing duties or
    actions assigned by instructors or working under the
    immediate or direct supervision of a licensed veterinarian
    or a faculty member of the College of Veterinary Medicine
    at the University of Illinois.
        (11) A certified euthanasia technician who is
    authorized to perform euthanasia in the course and scope
    of his or her employment only as permitted by the Humane
    Euthanasia in Animal Shelters Act.
        (12) A person who, without expectation of
    compensation, provides emergency veterinary care in an
    emergency or disaster situation so long as the person he
    or she does not represent oneself himself or herself as a
    veterinarian or use a title or degree pertaining to the
    practice of veterinary medicine and surgery.
        (13) Any certified veterinary technician or other
    employee of a licensed veterinarian performing permitted
    duties other than diagnosis, prognosis, prescribing
    prescription, or surgery under the appropriate direction
    and supervision of the veterinarian, who shall be
    responsible for the performance of the employee.
        (13.5) Any pharmacist licensed in the State, merchant,
    or manufacturer selling at a his or her regular place of
    business medicines, feed, appliances, or other products
    used in the prevention or treatment of animal diseases as
    permitted by law and provided that the services provided
    he or she provides do not include diagnosing, prognosing,
    prescribing writing prescriptions, or surgery.
        (14) An approved humane investigator regulated under
    the Humane Care for Animals Act or employee of a shelter
    licensed under the Animal Welfare Act, working under the
    indirect supervision of a licensed veterinarian.
        (15) An individual providing equine dentistry services
    requested by a veterinarian licensed to practice in this
    State, an owner, or an owner's agent. For the purposes of
    this item (15), "equine dentistry services" means floating
    teeth without the use of drugs or extraction.
        (15.5) In the event of an emergency or disaster, a
    veterinarian or veterinary technician not licensed in this
    State who (A) is responding to a request for assistance
    from the Illinois Department of Agriculture, the Illinois
    Department of Public Health, the Illinois Emergency
    Management Agency, or other State agency as determined by
    the Department; (B) is licensed and in good standing in
    another state; and (C) has been granted a temporary waiver
    from licensure by the Department.
        (16) Private treaty sale of animals unless otherwise
    provided by law.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/4.5 new)
    Sec. 4.5. Telemedicine. Telemedicine occurs when either
the animal who is receiving the care is located in the State
when receiving telemedicine treatment or the veterinarian
providing the care to the animal is located in the State when
providing telemedicine treatment, pursuant to the provisions
of Section 5. Telemedicine may only be used when a
veterinarian has an established veterinarian-client-patient
relationship. Telemedicine may be used in the following
circumstances:
        (1) when a physical examination of the patient has
    been conducted within one year; and
        (2) if it is possible to make a diagnosis and create a
    treatment plan without a recent physical examination based
    on professional standards of care.
    A veterinarian shall not substitute telehealth,
teleadvice, telemedicine, or teletriage when a physical
examination is warranted or necessary for an accurate
diagnosis of any medical condition or creation of an
appropriate treatment plan. All minimum standards of practice
and provisions under this Act and rules shall be maintained.
    A veterinarian shall ensure that any technology used in
the provision of telemedicine is sufficient and of appropriate
quality to provide accurate remote assessment and diagnosis. A
veterinarian shall meet all recordkeeping requirements
pursuant to subsection (c) of Section 25.17.
    A supervising veterinarian may delegate telemedicine
services to a certified veterinary technician who is acting
under direct or indirect supervision and in accordance with
the Act and rules. A valid veterinarian-client-patient
relationship established by a physical examination conducted
by the supervising veterinarian must exist for the certified
veterinary technician to provide delegated telemedicine
services.
    A veterinarian and a certified veterinary technician
providing telemedicine services shall, at the time of service,
provide the veterinarian or certified veterinary technician's
contact information, including the veterinarian or certified
veterinary technician's full name, to the client or practice
using the service. All telemedicine records shall be provided
to the client upon request.
 
    (225 ILCS 115/8)  (from Ch. 111, par. 7008)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 8. Qualifications. A person is qualified to receive a
license if the applicant he or she: (1) is of good moral
character; (2) has graduated from an accredited college or
school of veterinary medicine; and (3) has passed the
examination authorized by the Department to determine fitness
to hold a license.
    Applicants for licensure from non-accredited veterinary
schools are required to successfully complete a program of
educational equivalency as established by rule. At a minimum,
this program shall include all of the following:
        (1) A certified transcript indicating graduation from
    such college.
        (2) Successful completion of a communication ability
    examination designed to assess communication skills,
    including a command of the English language.
        (3) Successful completion of an examination or
    assessment mechanism designed to evaluate educational
    equivalence, including both preclinical and clinical
    competencies.
        (4) Any other reasonable assessment mechanism designed
    to ensure an applicant possesses the educational
    background necessary to protect the public health and
    safety.
    Successful completion of the criteria set forth in this
Section shall establish education equivalence as one of the
criteria for licensure set forth in this Act. Applicants under
this Section must also meet all other statutory criteria for
licensure prior to the issuance of any such license, including
graduation from veterinary school.
    A graduate of a non-approved veterinary school who was
issued a work permit by the Department before the effective
date of this amendatory Act of the 93rd General Assembly may
continue to work under the direct supervision of a licensed
veterinarian until the expiration of his or her permit.
    In determining moral character under this Section, the
Department may take into consideration any felony conviction
of the applicant, but such a conviction shall not operate as a
bar to obtaining a license. The Department may also request
the applicant to submit and may consider as evidence of moral
character, endorsements from 2 individuals licensed under this
Act.
(Source: P.A. 93-281, eff. 12-31-03.)
 
    (225 ILCS 115/10)  (from Ch. 111, par. 7010)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 10. Application for licensure. A person who desires
to obtain a license as a veterinarian or a certificate as a
veterinary technician shall apply to the Department on forms
provided by the Department. Each application shall be
accompanied by proof of qualifications and shall be verified
by the applicant under oath and be accompanied by the required
fee.
    If an applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license or
otherwise fails to complete the application process under this
Act within 3 years after filing the applicant's application,
the application shall be denied. However, such applicant may
make a new application for examination accompanied by the
required fee and must furnish proof of meeting qualifications
for examination in effect at the time of new application.
(Source: P.A. 88-424.)
 
    (225 ILCS 115/10.5)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 10.5. Social Security Number or federal individual
taxpayer identification number on license application. In
addition to any other information required to be contained in
the application, every application for an original license
under this Act shall include the applicant's Social Security
Number or federal individual taxpayer identification number,
which shall be retained in the agency's records pertaining to
the license. As soon as practical, the Department shall assign
a customer's identification number to each applicant for a
license.
    Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
 
    (225 ILCS 115/11)  (from Ch. 111, par. 7011)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 11. Practice pending licensure. A person holding the
degree of Doctor of Veterinary Medicine, or its equivalent,
from an accredited college of veterinary medicine, and who has
applied in writing to the Department for a license to practice
veterinary medicine and surgery in any of its branches, and
who has fulfilled the requirements of Section 8 of this Act,
with the exception of receipt of notification of his or her
examination results, may practice under the direct supervision
of a veterinarian who is licensed in this State, until: (1) the
applicant has been notified of his or her failure to pass the
examination authorized by the Department; (2) the applicant
has withdrawn his or her application; (3) the applicant has
received a license from the Department after successfully
passing the examination authorized by the Department; or (4)
the applicant has been notified by the Department to cease and
desist from practicing.
    The applicant shall perform only those acts that may be
prescribed by and incidental to his or her employment and
those acts shall be performed under the direction of a
supervising veterinarian who is licensed in this State. The
applicant shall not be entitled to otherwise engage in the
practice of veterinary medicine until fully licensed in this
State.
    The Department shall immediately notify, by certified
mail, the supervising veterinarian employing the applicant and
the applicant that the applicant shall immediately cease and
desist from practicing if the applicant (1) practices outside
his or her employment under a licensed veterinarian; (2)
violates any provision of this Act; or (3) becomes ineligible
for licensure under this Act.
(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09;
96-1000, eff. 7-2-10.)
 
    (225 ILCS 115/12)  (from Ch. 111, par. 7012)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 12. Renewal and inactive status; restoration;
military service.
    (a) The expiration date and renewal period for each
license or certificate shall be set by rule.
    (b) A licensee who has permitted his or her license to
expire or who has had his or her license on inactive status may
have the license restored by making application to the
Department by filing proof acceptable to the Department of his
or her fitness to have the license restored and by paying the
required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of the
license and shall establish procedures and requirements for
restoration.
    (c) A licensee whose license expired while the licensee he
or she was (1) in federal service on active duty with the Armed
Forces of the United States or the State Militia called into
service or training or (2) in training or education under the
supervision of the United States before induction into the
military service, may have the license restored without paying
any lapsed renewal fees if within 2 years after honorable
termination of the service, training, or education the
licensee he or she furnishes the Department with satisfactory
evidence to the effect that the licensee he or she has been so
engaged and that the licensee's his or her service, training,
or education has been so terminated.
    (d) Any licensee who notifies the Department in writing on
the prescribed form may place the licensee's his or her license
or certification on an inactive status and shall, subject to
rule, be exempt from payment of the renewal fee until the
licensee he or she notifies the Department in writing of the
licensee's his or her intention to resume active status.
    (e) Any veterinarian or certified veterinary technician
requesting restoration from inactive or expired status shall
be required to complete the continuing education requirements
for a single license or certificate renewal period, pursuant
to rule, and pay the current renewal fee to restore the renewal
applicant's his or her license or certification as provided in
this Act.
    (f) Any licensee whose license is in inactive, expired, or
suspended status shall not practice veterinary medicine and
surgery in this State.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/14.1)  (from Ch. 111, par. 7014.1)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 14.1. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license or certificate. The
Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, the person he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to pay
all expenses of processing this application. The Secretary may
waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(Source: P.A. 96-1322, eff. 7-27-10.)
 
    (225 ILCS 115/25)  (from Ch. 111, par. 7025)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25. Disciplinary actions.
    1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 25.3 of this Act, with regard to any
license or certificate for any one or combination of the
following:
        A. Material misstatement in furnishing information to
    the Department.
        B. Violations of this Act, or of the rules adopted
    pursuant to this Act.
        C. Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or by
    sentencing of any crime, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, under
    the laws of any jurisdiction of the United States that is
    (i) a felony or (ii) a misdemeanor, an essential element
    of which is dishonesty, or that is directly related to the
    practice of the profession.
        D. Fraud or any misrepresentation in applying for or
    procuring a license under this Act or in connection with
    applying for renewal of a license under this Act.
        E. Professional incompetence.
        F. Malpractice.
        G. Aiding or assisting another person in violating any
    provision of this Act or rules.
        H. Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        I. Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        J. Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, alcohol, or any other
    substance that results in the inability to practice with
    reasonable judgment, skill, or safety.
        K. Discipline by another state, unit of government,
    government agency, District of Columbia, territory, or
    foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to
    those set forth herein.
        L. Charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered.
        M. A finding by the Board that the licensee or
    certificate holder, after having his license or
    certificate placed on probationary status, has violated
    the terms of probation.
        N. Willfully making or filing false records or reports
    in his practice, including but not limited to false
    records filed with State agencies or departments.
        O. Physical illness, including but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in the inability to practice under
    this Act with reasonable judgment, skill, or safety.
        P. Solicitation of professional services other than
    permitted advertising.
        Q. Allowing one's license under this Act to be used by
    an unlicensed person in violation of this Act.
        R. Conviction of or cash compromise of a charge or
    violation of the Harrison Act or the Illinois Controlled
    Substances Act, regulating narcotics.
        S. Fraud or dishonesty in applying, treating, or
    reporting on tuberculin or other biological tests.
        T. Failing to report, as required by law, or making
    false report of any contagious or infectious diseases.
        U. Fraudulent use or misuse of any health certificate,
    shipping certificate, brand inspection certificate, or
    other blank forms used in practice that might lead to the
    dissemination of disease or the transportation of diseased
    animals dead or alive; or dilatory methods, willful
    neglect, or misrepresentation in the inspection of milk,
    meat, poultry, and the by-products thereof.
        V. Conviction on a charge of cruelty to animals.
        W. Failure to keep one's premises and all equipment
    therein in a clean and sanitary condition.
        X. Failure to provide satisfactory proof of having
    participated in approved continuing education programs.
        Y. Mental illness or disability that results in the
    inability to practice under this Act with reasonable
    judgment, skill, or safety.
        Z. (Blank). Conviction by any court of competent
    jurisdiction, either within or outside this State, of any
    violation of any law governing the practice of veterinary
    medicine, if the Department determines, after
    investigation, that the person has not been sufficiently
    rehabilitated to warrant the public trust.
        AA. Promotion of the sale of drugs, devices,
    appliances, or goods provided for a patient in any manner
    to exploit the client for financial gain of the
    veterinarian.
        BB. Gross, willful, or continued overcharging for
    professional services.
        CC. Practicing under a false or, except as provided by
    law, an assumed name.
        DD. Violating state or federal laws or regulations
    relating to controlled substances or legend drugs.
        EE. Cheating on or attempting to subvert the licensing
    examination administered under this Act.
        FF. Using, prescribing, or selling a prescription drug
    or the extra-label use of a prescription drug by any means
    in the absence of a valid veterinarian-client-patient
    relationship.
        GG. Failing to report a case of suspected aggravated
    cruelty, torture, or animal fighting pursuant to Section
    3.07 or 4.01 of the Humane Care for Animals Act or Section
    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
    Code of 2012.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    2. The determination by a circuit court that a licensee or
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient. In any case where a license is
suspended under this provision, the licensee shall file a
petition for restoration and shall include evidence acceptable
to the Department that the licensee can resume practice in
compliance with acceptable and prevailing standards of his or
her profession.
    3. All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be commenced
within 5 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), no action shall be commenced more than 5 years after the
date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act,
except as otherwise provided by law. The time during which the
holder of the license or certificate was outside the State of
Illinois shall not be included within any period of time
limiting the commencement of disciplinary action by the
Department.
    4. The Department may refuse to issue or may suspend
without hearing, as provided for in the Illinois Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
    5. In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
or evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of the examination.
    Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall
result in an automatic suspension without hearing, until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
    In instances in which the Secretary immediately suspends a
registration under this Section, a hearing upon such person's
registration must be convened by the Department within 15 days
after such suspension and completed without appreciable delay.
The Department shall have the authority to review the
registrant's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
    Individuals registered under this Act who are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their registration.
    6. (Blank).
    7. In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with paragraph
(5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
 
    (225 ILCS 115/25.2)  (from Ch. 111, par. 7025.2)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.2. Investigation; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license or
certificate. The Department shall, before refusing to issue,
to renew or discipline a license or certificate under Section
25, at least 30 days prior to the date set for the hearing,
notify the applicant or licensee in writing of the nature of
the charges and the time and place for a hearing on the
charges. The Department shall direct the applicant,
certificate holder, or licensee to file a written answer to
the charges with the Board under oath within 20 days after the
service of the notice and inform the applicant, certificate
holder, or licensee that failure to file an answer will result
in default being taken against the applicant, certificate
holder, or licensee. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity
to present any pertinent statements, testimony, evidence, and
arguments. The Department may continue the hearing from time
to time. In case the person, after receiving the notice, fails
to file an answer, his or her license may, in the discretion of
the Department, be revoked, suspended, placed on probationary
status, or the Department may take whatever disciplinary
action considered proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without a hearing, if the act or acts charged
constitute sufficient grounds for that action under the Act.
The written notice and any notice in the subsequent proceeding
may be served by registered or certified mail to the
licensee's address of record or, if in the course of the
administrative proceeding the party has previously designated
a specific email address at which to accept electronic service
for that specific proceeding, by sending a copy by email to the
party's email address on record.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/25.6)  (from Ch. 111, par. 7025.6)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.6. Board report. At the conclusion of the hearing
the Board shall present to the Secretary a written report of
its findings of fact, conclusions of law, and recommendations.
The report shall contain a finding whether or not the accused
person violated this Act or failed to comply with the
conditions required in this Act. The Board shall specify the
nature of the violation or failure to comply, and shall make
its recommendations to the Secretary.
    The report of findings of fact, conclusions of law and
recommendation of the Board shall be the basis for the
Secretary's Department's order for refusing to issue, restore,
or renew a license, or otherwise disciplining a licensee, or
for the granting of a license, certificate, or permit. If the
Secretary disagrees in any regard with the report of the
Board, then the Secretary may issue an order in contravention
thereof. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of
this Act, but the hearing and finding are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/25.7)  (from Ch. 111, par. 7025.7)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.7. Motion for rehearing; procedure upon refusal to
license or issue certificate. In any hearing involving the
refusal to issue, renew, or discipline a license or
certificate, a copy of the Board's report shall be served upon
the respondent by the Department, either personally or as
provided in this Act for the service of the notice of hearing.
Within 20 days after service, the respondent may present to
the Secretary Department a motion in writing for a rehearing.
The motion shall specify the particular grounds for the
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon the denial, then the
Secretary may enter an order in accordance with
recommendations of the Board except as provided in Section
25.6 of this Act. If the respondent orders from the reporting
service, and pays for a transcript of the record within the
time for filing a motion for rehearing, the 20-day 20 day
period within which such a motion may be filed shall commence
upon the delivery of the transcript to the respondent.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/25.9)  (from Ch. 111, par. 7025.9)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.9. Hearing officers; reports; review. The
Secretary shall have the authority to appoint any attorney
duly licensed to practice law in the State of Illinois to serve
as the hearing officer in any action for refusal to issue,
renew, or discipline of a license, certificate, or permit. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and the Secretary. The Board shall have 60 days from receipt of
the report to review the report of the hearing officer and
present its findings of fact, conclusions of law, and
recommendations to the Secretary. If the Board fails to
present its report within the 60-day 60 day period, then the
Secretary may issue an order based on the report of the hearing
officer. If the Secretary disagrees with the recommendation of
the Board or hearing officer, then the Secretary may issue an
order in contravention of the report.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/25.15)  (from Ch. 111, par. 7025.15)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.15. Certification of record. The Department shall
not be required to certify any record to the Court or file any
answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has
received from the plaintiff payment of the costs of furnishing
and certifying the record, which costs shall be determined by
the Department. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in Court
shall be grounds for dismissal of the action.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/25.17)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 25.17. Disclosure of patient records; maintenance.
    (a) No veterinarian shall be required to disclose any
information concerning the veterinarian's care of an animal
except on written authorization or other waiver by the
veterinarian's client or on appropriate court order or
subpoena. Any veterinarian releasing information under written
authorization, or other waiver by the client, or court order
of subpoena is not liable to the client or any other person.
The privilege provided by this Section is waived to the extent
that the veterinarian's client or the owner of the animal
places the care and treatment or the nature and extent of
injuries to the animal at issue in any civil or criminal
proceeding. When communicable disease laws, cruelty to animal
laws, or laws providing for public health and safety are
involved, the privilege provided by this Section is waived.
    (b) Copies of patient records must be released to the
client upon written request as provided for by rule.
    (c) Each person who provides veterinary medical services
shall maintain appropriate patient records as defined by rule.
The patient records are the property of the practice and the
practice owner. Patient records shall, if applicable, include
the following:
        (1) patient identification;
        (2) client identification;
        (3) dated reason for visit and pertinent history;
        (4) physical exam findings;
        (5) diagnostic, medical, surgical or therapeutic
    procedures performed;
        (6) all medical treatment must include identification
    of each medication given in the practice, together with
    the date, dosage, and route of administration and
    frequency and duration of treatment;
        (7) all medicines dispensed or prescribed must be
    recorded, including directions for use and quantity;
        (8) any changes in medications or dosages, including
    telephonically or electronically initiated changes, must
    be recorded;
        (9) if a necropsy is performed, then the record must
    reflect the findings;
        (10) any written records and notes, radiographs,
    sonographic images, video recordings, photographs or other
    images, and laboratory reports;
        (11) other information received as the result of
    consultation;
        (12) identification of any designated agent of the
    client for the purpose of authorizing veterinary medical
    or animal health care decisions; and
        (13) any authorizations, releases, waivers, or other
    related documents.
    (d) Patient records must be maintained for a minimum of 5
years from the date of the last known contact with a an animal
patient.
    (e) Information and records related to patient care shall
remain confidential except as provided in subsections (a) and
(b) of this Section.
(Source: P.A. 96-1322, eff. 7-27-10.)
 
    (225 ILCS 115/27)  (from Ch. 111, par. 7027)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 27. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated into this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee or
certificate holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the license or certificate is specifically excluded. For the
purpose of this Act the notice required under Section 10-25 of
the Illinois Administrative Procedure Act is considered
sufficient when mailed to the last known address of record or
sent electronically to the last known email address of record.
(Source: P.A. 98-339, eff. 12-31-13.)
 
    (225 ILCS 115/23 rep.)
    Section 15. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by repealing Section 23.
 
    Section 99. Effective date. This Section and Section 5
take effect upon becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 80/4.34
    5 ILCS 80/4.39
    225 ILCS 115/3from Ch. 111, par. 7003
    225 ILCS 115/3.5 new
    225 ILCS 115/4from Ch. 111, par. 7004
    225 ILCS 115/4.5 new
    225 ILCS 115/8from Ch. 111, par. 7008
    225 ILCS 115/10from Ch. 111, par. 7010
    225 ILCS 115/10.5
    225 ILCS 115/11from Ch. 111, par. 7011
    225 ILCS 115/12from Ch. 111, par. 7012
    225 ILCS 115/14.1from Ch. 111, par. 7014.1
    225 ILCS 115/25from Ch. 111, par. 7025
    225 ILCS 115/25.2from Ch. 111, par. 7025.2
    225 ILCS 115/25.6from Ch. 111, par. 7025.6
    225 ILCS 115/25.7from Ch. 111, par. 7025.7
    225 ILCS 115/25.9from Ch. 111, par. 7025.9
    225 ILCS 115/25.15from Ch. 111, par. 7025.15
    225 ILCS 115/25.17
    225 ILCS 115/27from Ch. 111, par. 7027
    225 ILCS 115/23 rep.