100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5819
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:
 

 



225 ILCS 115/4  from Ch. 111, par. 7004

     Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that an employee of an animal control facility licensed under the Animal Welfare Act working under the indirect supervision of a licensed veterinarian is exempt from the provisions of the Veterinary Medicine and Surgery Practice Act of 2004. Effective immediately.
  


LRB100 15612 SMS 30707 b

 
 
A BILL FOR
 

  
HB5819LRB100 15612 SMS 30707 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Veterinary Medicine and Surgery Practice Act 
5of 2004 is amended  by changing Section 4 as follows:
 



6    (225 ILCS 115/4)  (from Ch. 111, par. 7004)


7    (Section scheduled to be repealed on January 1, 2024)

8    Sec. 4. Exemptions. Nothing in this Act shall apply to any 
9of the
following:


10        (1) Veterinarians employed by the federal or State 
11    government while
engaged in their official duties.


12        (2) Licensed veterinarians from other states who are 
13    invited to Illinois
for consultation by a veterinarian 
14    licensed in Illinois.


15        (3) Veterinarians employed by colleges or universities 
16    while engaged in
the performance of their official duties, 
17    or
faculty engaged in animal husbandry or animal management 
18    programs of colleges
or universities.

19        (3.5) A veterinarian or veterinary technician from 
20    another state or country who (A) is not licensed under this 
21    Act; (B) is currently licensed as a veterinarian or 
22    veterinary technician in another state or country, or 
23    otherwise exempt from licensure in the other state; (C) is 
 
 
HB5819- 2 -LRB100 15612 SMS 30707 b

1    an invited guest of a professional veterinary association, 
2    veterinary training program, or continuing education 
3    provider approved by the Department; and (D) engages in 
4    professional education through lectures, clinics, or 
5    demonstrations. 

6        (4) A veterinarian employed by an accredited college of 
7    veterinary
medicine providing assistance requested by a 
8    veterinarian licensed in Illinois,
acting with informed 
9    consent from the client and acting under the direct or

10    indirect supervision and control of the licensed 
11    veterinarian.  Providing
assistance involves hands-on 
12    active participation in the treatment and care of
the 
13    patient.  The licensed veterinarian shall maintain 
14    responsibility for the
veterinarian-client-patient 
15    relationship.


16        (5) Veterinary students in an accredited
college of 
17    veterinary medicine, university,
department
of a 
18    university, or other institution of veterinary medicine 
19    and surgery
engaged in duties assigned by their
instructors 
20    or working under the immediate or direct supervision of a 
21    licensed veterinarian.

22        (5.5) Students of an accredited program in veterinary 
23    technology performing veterinary technology duties or 
24    actions assigned by instructors or working under the 
25    immediate or direct supervision of a licensed 
26    veterinarian. 

 
 
HB5819- 3 -LRB100 15612 SMS 30707 b

1        (6) Any person engaged in bona fide scientific research 
2    which
requires
the use of animals.


3        (7) An owner of livestock and any of the owner's 
4    employees or the owner
and employees of a service and care 
5    provider of livestock caring for and
treating livestock 
6    belonging to the owner or under a provider's care, 
7    including
but not limited to, the performance of husbandry 
8    and livestock management
practices such as dehorning, 
9    castration, emasculation, or docking of cattle,
horses, 
10    sheep, goats, and swine, artificial insemination, and 
11    drawing of semen.
Nor shall this Act be construed to 
12    prohibit any person from administering in a
humane manner 
13    medicinal or surgical treatment to any livestock in the 
14    care
of such person.  However, any such services shall 
15    comply with the Humane Care
for Animals Act.


16        (8) An owner of an animal, or an agent of the owner 
17    acting with the
owner's approval, in caring for, training, 
18    or treating an animal belonging to
the owner, so long as 
19    that individual or agent does not represent himself or

20    herself as a veterinarian or use any title associated with 
21    the practice of
veterinary medicine or surgery or diagnose, 
22    prescribe drugs, or perform
surgery.    The agent shall 
23    provide the owner with a written statement
summarizing the 
24    nature of the services provided and obtain a signed

25    acknowledgment from the owner that they accept the services 
26    provided.  The
services shall comply with the Humane Care 
 
 
HB5819- 4 -LRB100 15612 SMS 30707 b

1    for Animals Act. The provisions of
this item (8) do not 
2    apply to a person who is exempt under item (7).


3        (9) A member in good standing of another licensed or 
4    regulated profession
within any state or a member of an 
5    organization or group approved by the
Department by rule 
6    providing assistance that is requested in writing by a 
7    veterinarian
licensed in this State acting within a 
8    veterinarian-client-patient relationship and with informed 
9    consent from the client and the member is acting
under the 
10    immediate, direct, or indirect supervision and control of 
11    the licensed
veterinarian.  Providing assistance involves 
12    hands-on active participation in
the treatment and care of 
13    the patient, as defined by rule.  The licensed
veterinarian 
14    shall maintain responsibility for the 
15    veterinarian-client-patient
relationship, but shall be 
16    immune from liability, except for willful and wanton 
17    conduct, in any civil or criminal action if a member 
18    providing assistance does not meet the requirements of this 
19    item (9). 


20        (10) A graduate of a non-accredited college of 
21    veterinary medicine who is
in
the process of obtaining a 
22    certificate of educational equivalence and is
performing 
23    duties or actions assigned by instructors in an approved 
24    college of
veterinary medicine.

25        (10.5) A veterinarian who is enrolled in a postgraduate 
26    instructional program in an accredited college of 
 
 
HB5819- 5 -LRB100 15612 SMS 30707 b

1    veterinary medicine performing duties or actions assigned 
2    by instructors or working under the immediate or direct 
3    supervision of a licensed veterinarian or a faculty member 
4    of the College of Veterinary Medicine at the University of 
5    Illinois. 

6        (11) A certified euthanasia technician who is 
7    authorized to perform
euthanasia in the course and scope of 
8    his or her employment only as permitted by the Humane 
9    Euthanasia in Animal Shelters Act.


10        (12) A person who, without expectation of 
11    compensation, provides emergency
veterinary care in an 
12    emergency or disaster situation so long as he or she does

13    not represent himself or herself as a veterinarian or use a 
14    title or degree
pertaining to the practice of veterinary 
15    medicine and surgery.


16        (13) Any certified veterinary technician or other  
17    employee of a licensed
veterinarian performing permitted 
18    duties other than diagnosis, prognosis, prescription,
or 
19    surgery under the appropriate direction and supervision of 
20    the veterinarian, who shall
be responsible for the 
21    performance of the employee.

22        (13.5) Any pharmacist licensed in the State, merchant, 
23    or manufacturer selling at his or her regular place of 
24    business medicines, feed, appliances, or other products 
25    used in the prevention or treatment of animal diseases as 
26    permitted by law  and provided that the services he or she 
 
 
HB5819- 6 -LRB100 15612 SMS 30707 b

1    provides do not include diagnosing, prognosing, writing 
2    prescriptions, or surgery. 

3        (14) An approved humane investigator regulated under 
4    the Humane Care for
Animals Act or employee of a shelter or 
5    animal control facility licensed under the Animal Welfare 
6    Act,
working under the indirect supervision of a licensed 
7    veterinarian.


8        (15) An individual providing equine dentistry services 
9    requested by a
veterinarian licensed to practice in this 
10    State, an owner, or an owner's agent.
 For the purposes of 
11    this item (15), "equine dentistry services" means floating

12    teeth without the use of drugs or extraction. 

13        (15.5) In the event of an emergency or disaster, a 
14    veterinarian or veterinary technician not licensed in this 
15    State who (A) is responding to a request for assistance 
16    from the Illinois Department of Agriculture, the Illinois 
17    Department of Public Health, the Illinois Emergency 
18    Management Agency, or other State agency as determined by 
19    the Department; (B) is licensed and in good standing in 
20    another state; and (C) has been granted a temporary waiver 
21    from licensure by the Department. 

22        (16) Private treaty sale of animals unless otherwise 
23    provided by law.

24(Source: P.A. 98-339, eff. 12-31-13.)

 
 
25    Section 99. Effective date. This Act takes effect upon 
26becoming law.