98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2354

 

Introduced , by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Veterinary Medical Practice Ownership Act. Provides that one or more persons licensed under the Veterinary Medicine and Surgery Practice Act of 2004, or one or more persons or entities not licensed under the Veterinary Medicine and Surgery Practice Act of 2004, may form a veterinary practice in any legal form under applicable laws to own, operate, and maintain an establishment for specified purposes related to animal ailments and injuries, subject to specified restrictions. Contains provisions regarding the death of an owner, actions based on violations, relationships with clients, discipline, severability, and other matters.


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A BILL FOR

 

HB2354LRB098 06988 JLS 37045 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Veterinary Medical Practice Ownership Act.
 
6    Section 5. Formation.
7    (a) One or more persons licensed pursuant to the Veterinary
8Medicine and Surgery Practice Act of 2004 may form a veterinary
9practice in any legal form pursuant to applicable laws
10including, but not limited to, the Business Corporation Act of
111983, the Limited Liability Company Act, and the Uniform
12Partnership Act to own, operate, and maintain an establishment
13for the study, diagnosis, and treatment of animal ailments and
14injuries, whether physical or mental, and to promote medical,
15surgical, and scientific research and knowledge; provided that
16veterinary medical or surgical treatment, consultation, or
17advice may be given only by persons with ownership interest or
18employees of the business who are licensed pursuant to the
19Veterinary Medicine and Surgery Practice Act of 2004.
20    (b) One or more persons or entities that are not licensed
21pursuant to the Veterinary Medicine and Surgery Practice Act of
222004 may form a veterinary practice in any legal form pursuant
23to applicable laws including, but not limited to, the Business

 

 

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1Corporation Act of 1983, the Limited Liability Company Act, and
2the Uniform Partnership Act to own, operate, and maintain an
3establishment for the study, diagnosis, and treatment of animal
4ailments and injuries, whether physical or mental, and to
5promote medical, surgical, and scientific research and
6knowledge provided:
7        (i) the veterinary practice complies with all
8    requirements of this Act and the Veterinary Medicine and
9    Surgery Practice Act of 2004; and
10        (ii) the veterinary practice ensures that all
11    employees of the veterinary practice that may provide or
12    influence veterinary medical or surgical treatment,
13    consultation, or advice are licensed pursuant to the
14    Veterinary Medicine and Surgery Practice Act of 2004.
 
15    Section 10. Death of owner. In the event of the death of a
16licensed veterinarian, when the death would render a veterinary
17practice unable to operate in compliance with this Act and the
18Veterinary Medicine and Surgery Practice Act of 2004, the
19veterinary practice shall suspend its operations until a person
20or persons holding a valid license to practice veterinary
21medicine and surgery under the Veterinary Medicine and Surgery
22Practice Act of 2004 assumes responsibility temporarily or
23permanently for the provision of and influence over veterinary
24medical or surgical treatment, consultation, or advice
25provided by the veterinary practice.

 

 

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1    In the event of a death when the deceased was the sole
2owner of the veterinary medical practice and when the practice
3is, or is to be, transferred into ownership of one or more
4non-veterinarians, the veterinary medical practice may
5continue to operate in accordance with this Section.
 
6    Section 15. Actions to enjoin violations. An interested
7person who holds a valid license to practice veterinary
8medicine and surgery pursuant to the Veterinary Medicine and
9Surgery Practice Act of 2004 or any association whose primary
10purpose is to represent the interests of persons who hold a
11valid license to practice veterinary medicine and surgery may
12bring private suit to enjoin: (1) the practice of veterinary
13medicine and surgery by any veterinary medical practice that is
14not in compliance with this Act or the Veterinary Medicine and
15Surgery Practice Act of 2004 or (2) the activities of any
16veterinary medical practice during all such times as any
17employee of the practice individually or collectively,
18directly or indirectly, who is not licensed pursuant to that
19Act, provides veterinary medical or surgical treatment,
20consultation, or advice. The interested person or association
21may also prosecute such claims, wherein the court may order
22civil fines against the corporation for violations of this Act
23or the Veterinary Medicine and Surgery Practice Act of 2004 to
24be paid to the Department of Financial and Professional
25Regulation in amounts determined by the Department consistent

 

 

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1with the Department's powers under Sections 25 and 25.18 of the
2Veterinary Medicine and Surgery Practice Act of 2004 and all
3other applicable provisions of the Veterinary Medicine and
4Surgery Practice Act of 2004. Any such interested person or
5association who is a successful party to such a suit shall
6receive from the unsuccessful party against whom the suit was
7brought all reasonable attorney's fees, court costs, and other
8costs of prosecution.
 
9    Section 20. Client relationship not altered. This Act does
10not alter any law applicable to the relationship between a
11veterinarian furnishing medical service and a client receiving
12such service, including liability arising out of such service.
 
13    Section 25. Discipline under the Veterinary Medicine and
14Surgery Practice Act of 2004. An individual employee licensed
15pursuant to the Veterinary Medicine and Surgery Practice Act of
162004 who is employed by a veterinary practice subject to this
17Act shall remain subject to reprimand or discipline for his or
18her conduct under the provisions of that Act.
 
19    Section 95. Severability. If any provision of this Act or
20the application thereof to any person or circumstances is
21invalid, such invalidity shall not affect other provisions or
22applications of this Act which can be given effect without the
23invalid provision or application, and to this end the

 

 

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1provisions of this Act are declared to be severable.