SB2421 99TH GENERAL ASSEMBLY

LRB099 15865 MGM 40176 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2421

Introduced 2/9/2016, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

See Index

Amends the Humane Euthanasia in Animal Shelters Act. Changes references from "Director" to "Secretary". Removes a requirement for certified euthanasia technicians to renew his or her certification every 5 years. Makes changes to provisions concerning investigations, hearings, certification of record, criminal penalties, confidentiality, and surrender and restoration of certificates. Provides that the Secretary of Financial and Professional Regulation may summarily suspend the certificate of a euthanasia agency or euthanasia technician without a hearing, simultaneously with the institution of proceedings for a hearing, if the Secretary finds that the evidence indicates that the continued practice of the certified euthanasia agency or technician would constitute cruelty or an imminent danger to the public. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Humane Euthanasia in Animal Shelters Act is amended by changing Sections 5, 20, 35, 45, 55, 60, 65, 85, 90, 100, 105, 115, 120, 125, 130, 135, 140, 145, 150, 160, 165, and 170 and by adding Section 190 as follows:

(510 ILCS 72/5)

Sec. 5. Definitions. The following terms have the meanings indicated, unless the context requires otherwise:

"Address of record" means the designated address recorded by the Department in the applicant, euthanasia agency, or euthanasia technician's file as maintained by the Department's licensure maintenance unit.

"Animal" means any bird, fish, reptile, or mammal other than man.

"DEA" means the United States Department of Justice Drug Enforcement Administration.

"Department" means the Department of Financial and Professional Regulation.

"Director" means the Director of the Department of Professional Regulation.

"Euthanasia agency" means an entity certified by the Department for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act and that permits only euthanasia technicians or veterinarians to perform the euthanasia of animals.

"Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) as set forth in the Illinois Controlled Substances Act that are used by a euthanasia agency for the purpose of animal euthanasia.

"Euthanasia technician" or "technician" means a person employed by a euthanasia agency or working under the direct supervision of a veterinarian and who is certified by the Department to administer euthanasia drugs to euthanize animals.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Veterinarian" means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the Veterinary Medicine and Surgery Practice Act of 2004.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/20)

Sec. 20. Application for original certification; change of address.

(a) Applications for original certification shall be made to the Department in writing, shall be signed by the applicant on forms prescribed by the Department, and shall be accompanied by a nonrefundable fee set by rule. The Department may require information from the applicant that, in its judgment, will enable the Department to determine the qualifications of the applicant for certification.

(b) It is the duty of the applicant, euthanasia agency, or euthanasia technician 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.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/35)

Sec. 35. Technician certification; duties.

(a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall:

(1) Be 18 years of age.

(2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.

(3) Each applicant for certification as a euthanasia technician shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department.

(4) Hold a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued within 3 years preceding the date of application. Every 5 years a certified euthanasia technician must renew his or her certification with the Department. At the time of renewal, the technician must present proof that he or she attended a class or seminar, administered by the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States, that teaches techniques or guidelines, or both, for humane animal euthanasia.

(5) Pay the required fee.

(b) The duties of a euthanasia technician shall include but are not limited to:

(1) preparing animals for euthanasia and scanning each animal, prior to euthanasia, for microchips;

(2) accurately recording the dosages administered and the amount of drugs wasted;

(3) ordering supplies;

(4) maintaining the security of all controlled substances and drugs;

(5) humanely euthanizing animals via intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, or intracardiac injection only on comatose animals by hypodermic needle; and

(6) properly disposing of euthanized animals after verification of death.

(c) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a Schedule II nonnarcotic or Schedule III nonnarcotic controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency.

(d) Upon termination from a euthanasia agency, a euthanasia technician shall not perform animal euthanasia until he or she is employed by another certified euthanasia agency.

(e) A certified euthanasia technician or an instructor in an approved course does not engage in the practice of veterinary medicine when performing duties set forth in this Act.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/45)

Sec. 45. Certifications; renewal; restoration; person in military service; inactive status.

(a) The expiration date, renewal period, renewal fees, and procedures for renewal of each certification issued under this Act shall be set by rule. As a condition for renewal of a certification, humane euthanasia technicians may be required to complete additional coursework or education, as defined by rule.

(b) Any person who has permitted a euthanasia technician certification to expire or who has a certification on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the certification restored, including, if appropriate, evidence that is satisfactory to the Department certifying active practice in another jurisdiction and by paying the required fee.

(c) If the person has not maintained an active practice in another jurisdiction that is satisfactory to the Department, the Department shall determine the person's fitness to resume active status.

(d) Any person whose euthanasia technician certification expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service, however, may have his or her certification restored without paying any renewal fees if, within 2 years after the termination of that service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training, or education has been so terminated.

(e) A euthanasia technician certificate holder may place his or her certification on inactive status and shall be excused from paying renewal fees until he or she notifies the Department in writing of the intention to resume active practice. A certificate holder who is on inactive status shall not practice while the certificate is in inactive status.

(f) The Department shall set by rule the requirements for restoration of a euthanasia agency certification and the requirements for a change of location.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/55)

Sec. 55. Endorsement. An applicant, who is a euthanasia technician certified, registered, or licensed under the laws of another state or territory of the United States that has requirements that are substantially similar to the requirements of this Act, may be granted certification as a euthanasia technician in this State without examination, upon presenting satisfactory proof to the Department that the applicant has been engaged in the practice of euthanasia for a period of not less than one year and upon payment of the required fee. In addition, an applicant shall have his or her fingerprints submitted to the Department of State Police for purposes of a criminal history records check pursuant to clause (a)(3) of Section 35.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

(510 ILCS 72/60)

Sec. 60. Fees; returned checks. An agency or 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. The Secretary Director may waive the fines due under this Section in individual cases where the Secretary Director finds that the fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/65)

Sec. 65. Refused issuance, suspension, or revocation of certification. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, impose a fine not to exceed $10,000 for each violation, or take other disciplinary or non-disciplinary action as the Department may deem proper with regard to a certified euthanasia agency or a certified euthanasia technician for any one or combination of the following reasons:

(1) in the case of a certified euthanasia technician, failing to carry out the duties of a euthanasia technician set forth in this Act or rules adopted under this Act;

(2) abusing the use of any controlled substance or euthanasia drug;

(3) selling, stealing, or giving controlled substances or euthanasia drugs away;

(4) abetting anyone in violating item (1) or (2) of this Section;

(5) violating any provision of this Act, the Illinois Controlled Substances Act, the Illinois Food, Drug and Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the federal Controlled Substances Act, the rules adopted under these Acts, or any rules adopted by the Department of Financial and Professional Regulation concerning the euthanizing of animals;

(6) in the case of a euthanasia technician, acting as a euthanasia technician outside of the scope of his or her employment with a certified euthanasia agency; and

(7) in the case of a euthanasia technician, being convicted of or entering a plea of guilty or nolo contendere to any crime that is (i) a felony under the laws of the United States or any state or territory thereof, (ii) a misdemeanor under the laws of the United States or any state or territory an essential element of which is dishonesty, or (iii) directly related to the practice of the profession.

(Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)

(510 ILCS 72/85)

Sec. 85. Cease and desist order.

(a) If an agency or person violates a provision of this Act, the Secretary Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation, and if it is established that the agency or person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) Whenever, in the opinion of the Department, an agency or person violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against the agency. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/90)

Sec. 90. Uncertified practice; civil penalty.

(a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a certified euthanasia technician or a certified euthanasia agency. The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.

(b) The Department may investigate any uncertified activity.

(c) Instructors or licensed veterinarians teaching humane euthanasia techniques are exempt from the certification process so long as they are currently certified, registered, or licensed by another state as a euthanasia technician or as a veterinarian.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/100)

Sec. 100. Investigations; notice and hearing.

(a) The Department may investigate the actions of an applicant or an animal shelter or animal control facility holding or claiming to hold a certificate.

(b) Before refusing to issue or renew a certificate or disciplining a certified euthanasia agency or technician, the Department shall notify in writing the applicant, the euthanasia agency, or euthanasia technician of the nature of the charges and that a hearing will be held on the date designated, which shall be at least 30 days after the date of the notice. The Department shall direct the applicant, euthanasia agency, or euthanasia technician to file a written answer to the Department under oath within 20 days after the service of the notice and inform the applicant, euthanasia agency, or euthanasia technician that failure to file an answer will result in default being taken against the applicant, euthanasia agency, or euthanasia technician and that the certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of business as the Secretary Director may deem proper. Written notice may be served by personal delivery or certified or registered mail sent to the applicant, euthanasia agency, or euthanasia technician's respondent at the most recent address of on record with the Department.

If the applicant, euthanasia agency, or euthanasia technician fails to file an answer after receiving notice, the certification may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action it deems proper including imposing a civil penalty, without a hearing if the act or acts charged constitute sufficient ground for such action under this Act.

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 such statements, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The Department may continue a hearing from time to time.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/105)

Sec. 105. Records of proceedings Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a certificate or the discipline of a certified euthanasia technician. The notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer, and the order of the Department shall be the record of the proceeding.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/115)

Sec. 115. Findings and recommendations. At the conclusion of the hearing, the hearing officer shall present to the Secretary Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused applicant, euthanasia agency, or euthanasia technician violated this Act or failed to comply with the conditions required in this Act. The hearing officer shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Secretary Director.

The report of the findings and recommendations of the hearing officer may shall be the basis for the Department's order of refusal or for the granting of certification unless the Secretary Director determines that the hearing officer's report is contrary to the manifest weight of the evidence, in which case the Secretary Director may issue an order in contravention of the hearing officer's report. The finding is not admissible in evidence against the applicant, agency, or technician 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. 92-449, eff. 1-1-02.)

(510 ILCS 72/120)

Sec. 120. Motion for rehearing Rehearing on motion. In a case involving the refusal to issue or renew a certificate or the discipline of a certified euthanasia agency or technician, a copy of the hearing officer'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 such service, the respondent may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon such denial the Secretary Director may enter an order in accordance with recommendations of the hearing officer except as provided in Section 125 of this Act. If the respondent shall order from the reporting service and pay for a transcript of the record with the time for filing a motion for rehearing, the 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. 92-449, eff. 1-1-02.)

(510 ILCS 72/125)

Sec. 125. Rehearing on order of Secretary Director. Whenever the Secretary Director is satisfied that substantial justice has not been done in the revocation or suspension of a certification or refusal to issue or renew a certificate, the Secretary Director may order a rehearing.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/130)

Sec. 130. Hearing officer. The Secretary Director has the authority to appoint an attorney duly licensed to practice law in this State to serve as the hearing officer in an action for refusal to issue or renew a certificate or for the discipline of a certified euthanasia agency or technician. 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 Secretary Director. 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. 92-449, eff. 1-1-02.)

(510 ILCS 72/135)

Sec. 135. Order or certified copy. An order or a certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary Director, shall be prima facie proof that:

(1) the signature is the genuine signature of the Secretary Director; and

(2) the Secretary Director is duly appointed and qualified.

This proof may be rebutted.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/140)

Sec. 140. Restoration of certificate. Any time after the successful completion of a term of indefinite probation, or the suspension or revocation of a certificate, the Department may restore the certificate to the accused agency upon the written recommendation of the Secretary Department unless, after an investigation and a hearing, the Department determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose certificate has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until the time as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/145)

Sec. 145. Surrender of certificate. Upon the revocation or suspension of a certificate, the euthanasia agency or euthanasia technician shall immediately surrender the certificate to the Department, and if the euthanasia agency or euthanasia technician fails to do so, the Department shall have the right to seize the certificate.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/150)

Sec. 150. Summary Temporary suspension of a certificate. The Secretary Director may summarily temporarily suspend the certificate of a euthanasia agency or euthanasia technician without a hearing, simultaneously with the institution of proceedings for a hearing, if the Secretary Director finds that the evidence in his or her possession indicates that the continued practice of the certified euthanasia agency or technician would constitute cruelty or an imminent danger to the public. If the Secretary Director temporarily suspends the certificate without a hearing, a hearing by the hearing officer shall be commenced must be held within 30 days of the suspension and shall be concluded as expeditiously as possible.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/160)

Sec. 160. Certification of record; costs. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in a court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging 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. 92-449, eff. 1-1-02.)

(510 ILCS 72/165)

Sec. 165. Criminal penalties. An applicant, euthanasia agency or euthanasia technician who is found to have violated a provision of this Act is guilty of a Class A misdemeanor for the first offense. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of this Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State's Attorney of the county within which the violation occurred. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of the Humane Care for Animals Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State's Attorney of the county within which the violation occurred.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/170)

Sec. 170. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in 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, which provides that at hearings the certificate license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of a certificate license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of record a party.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/190 new)

Sec. 190. Confidentiality. All information collected by the Department in the course of an examination or investigation of an applicant, euthanasia agency, or euthanasia technician, including, but not limited to, any complaint against an applicant, euthanasia agency, or euthanasia technician filed with the Department and information collected to investigate any complaint shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other entity or person. A formal complaint filed against an applicant, euthanasia agency, or euthanasia technician by the Department or any order issued by the Department against an applicant, euthanasia agency, or euthanasia technician shall be a public record, except as otherwise prohibited by law.

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