Full Text of SB2059 103rd General Assembly
SB2059enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.34 and 4.39 as follows: | 6 | | (5 ILCS 80/4.34) | 7 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 1, 2024: | 10 | | The Crematory Regulation Act. | 11 | | The Electrologist Licensing Act. | 12 | | The Illinois Certified Shorthand Reporters Act of | 13 | | 1984. | 14 | | The Illinois Occupational Therapy Practice Act. | 15 | | The Illinois Public Accounting Act. | 16 | | The Private Detective, Private Alarm, Private | 17 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. | 18 | | The Registered Surgical Assistant and Registered | 19 | | Surgical Technologist
Title Protection Act. | 20 | | Section 2.5 of the Illinois Plumbing License Law.
| 21 | | The Veterinary Medicine and Surgery Practice Act of | 22 | | 2004. | 23 | | (Source: P.A. 102-291, eff. 8-6-21.) |
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| 1 | | (5 ILCS 80/4.39) | 2 | | Sec. 4.39. Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Act is repealed on January 1, 2029: | 5 | | The Environmental Health Practitioner Licensing Act. | 6 | | The Veterinary Medicine and Surgery Practice Act of | 7 | | 2004. | 8 | | (b) The following Act is repealed on December 31, 2029: | 9 | | The Structural Pest Control Act.
| 10 | | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | 11 | | 101-81, eff. 7-12-19.) | 12 | | Section 10. The Veterinary Medicine and Surgery Practice | 13 | | Act of 2004 is amended by changing Sections 3, 4, 8, 10, 10.5, | 14 | | 11, 12, 14.1, 25, 25.2, 25.6, 25.7, 25.9, 25.15, 25.17, and 27 | 15 | | and by adding Sections 3.5 and 4.5 as follows:
| 16 | | (225 ILCS 115/3) (from Ch. 111, par. 7003)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 3. Definitions. The
following terms have the meanings | 19 | | indicated, unless the context requires
otherwise:
| 20 | | "Accredited college of veterinary medicine" means a | 21 | | veterinary college,
school, or division of a university or | 22 | | college that offers the degree of Doctor
of Veterinary | 23 | | Medicine or its equivalent and that is accredited by the |
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| 1 | | Council
on Education of the American Veterinary Medical | 2 | | Association (AVMA).
| 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file as maintained by the Department's | 6 | | licensure maintenance unit. It is the duty of the applicant or | 7 | | licensee to inform the Department of any change of address, | 8 | | and those changes must be made either through the Department's | 9 | | website or by contacting the Department. | 10 | | "Accredited program in veterinary technology" means any | 11 | | post-secondary educational program that is accredited by the | 12 | | AVMA's Committee on Veterinary Technician Education and | 13 | | Activities or any veterinary technician program that is | 14 | | recognized as its equivalent by the AVMA's Committee on | 15 | | Veterinary Technician Education and Activities. | 16 | | "Animal" means any animal, vertebrate or invertebrate, | 17 | | other than a human.
| 18 | | "Board" means the Veterinary Licensing and Disciplinary | 19 | | Board.
| 20 | | "Certified veterinary technician" means a person who is | 21 | | validly and currently licensed to practice veterinary | 22 | | technology in this State.
| 23 | | "Client" means an entity, person, group, or corporation | 24 | | that has entered into
an agreement with a veterinarian for the | 25 | | purposes of obtaining veterinary
medical services.
| 26 | | "Complementary, alternative, and integrative therapies" |
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| 1 | | means a heterogeneous group of diagnostic and therapeutic | 2 | | philosophies and practices, which at the time they are | 3 | | performed may differ from current scientific knowledge, or | 4 | | whose theoretical basis and techniques may diverge from | 5 | | veterinary medicine routinely taught in accredited veterinary | 6 | | medical colleges, or both. "Complementary, alternative, and | 7 | | integrative therapies" include, but are not limited to, | 8 | | veterinary acupuncture, acutherapy, and acupressure; | 9 | | veterinary homeopathy; veterinary manual or manipulative | 10 | | therapy or therapy based on techniques practiced in | 11 | | osteopathy, chiropractic medicine, or physical medicine and | 12 | | therapy; veterinary nutraceutical therapy; veterinary | 13 | | phytotherapy; and other therapies as defined by rule.
| 14 | | "Consultation" means when a veterinarian receives advice | 15 | | in person,
telephonically, electronically, or by any other | 16 | | method of communication from a
veterinarian licensed in this | 17 | | or any other state or other person whose
expertise, in the | 18 | | opinion of the veterinarian, would benefit a patient. Under
| 19 | | any circumstance, the responsibility for the welfare of the | 20 | | patient remains
with the veterinarian receiving consultation.
| 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation.
| 23 | | "Direct supervision" means the supervising veterinarian is | 24 | | readily available on the premises
where the animal is being | 25 | | treated.
| 26 | | "Email address of record" means the designated email |
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| 1 | | address recorded by the Department in the applicant's | 2 | | application file or the licensee's license file, as maintained | 3 | | by the Department's licensure maintenance unit. | 4 | | "Immediate supervision" means the supervising veterinarian | 5 | | is in the immediate area, within audible and visual range of | 6 | | the animal patient and the person treating the patient. | 7 | | "Impaired veterinarian" means a veterinarian who is unable | 8 | | to practice
veterinary medicine with reasonable skill and | 9 | | safety because of a physical or
mental disability as evidenced | 10 | | by a written determination or written consent
based on | 11 | | clinical evidence, including deterioration through the aging | 12 | | process,
loss of motor skills, or abuse of drugs or alcohol of | 13 | | sufficient degree to
diminish a person's ability to deliver | 14 | | competent patient care.
| 15 | | "Indirect supervision" means the supervising veterinarian | 16 | | need not be on the
premises, but has given either written or | 17 | | oral instructions for the treatment
of the animal and is | 18 | | available by telephone or other form of communication.
| 19 | | "Licensed veterinarian" means a person who is validly and | 20 | | currently licensed to practice veterinary medicine in this | 21 | | State. | 22 | | "Patient" means an animal or group of animals that is | 23 | | examined or treated by a veterinarian.
| 24 | | "Person" means an individual, firm, partnership (general, | 25 | | limited, or limited
liability), association, joint venture, | 26 | | cooperative, corporation, limited
liability company, or any |
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| 1 | | other group or combination acting in concert, whether
or not | 2 | | acting as a principal, partner, member, trustee, fiduciary, | 3 | | receiver, or
any other kind of legal or personal | 4 | | representative, or as the successor in
interest, assignee, | 5 | | agent, factor, servant, employee, director, officer, or any
| 6 | | other representative of such person.
| 7 | | "Practice of veterinary medicine" means to diagnose, | 8 | | prognose, treat, correct, change, alleviate, or prevent animal | 9 | | disease, illness, pain, deformity, defect, injury, or other | 10 | | physical, dental, or mental conditions by any method or mode , | 11 | | such as telemedicine, ; including the performance of one or | 12 | | more of the
following:
| 13 | | (1) Prescribing, dispensing, administering, applying, | 14 | | or ordering the administration of any drug, medicine, | 15 | | biologic, apparatus, anesthetic, or other therapeutic or | 16 | | diagnostic substance, or medical or surgical technique.
| 17 | | (2) (Blank).
| 18 | | (3) Performing upon an animal a surgical or dental | 19 | | operation.
| 20 | | (3.5) Performing upon an animal complementary, | 21 | | alternative, or integrative therapy.
| 22 | | (4) Performing upon an animal any manual or mechanical | 23 | | procedure for reproductive management, including the | 24 | | diagnosis or treatment of pregnancy, sterility, or | 25 | | infertility. | 26 | | (4.5) The rendering of advice or recommendation by any |
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| 1 | | means, including telephonic and other electronic | 2 | | communications, with regard to the performing upon an | 3 | | animal any manual or mechanical procedure for reproductive | 4 | | management, including the diagnosis or treatment of | 5 | | pregnancy, sterility, or infertility.
| 6 | | (5) Determining the health and fitness of an animal.
| 7 | | (6) Representing oneself, directly or indirectly, as | 8 | | engaging in the
practice of veterinary medicine.
| 9 | | (7) Using any word, letters, or title under such | 10 | | circumstances as to
induce the belief that the person | 11 | | using them is qualified to engage in the
practice of | 12 | | veterinary medicine or any of its branches. Such use shall | 13 | | be
prima facie evidence of the intention to represent | 14 | | oneself as engaging in the
practice of veterinary | 15 | | medicine.
| 16 | | "Secretary" means the Secretary of Financial and | 17 | | Professional Regulation. | 18 | | "Supervising veterinarian" means a veterinarian who | 19 | | assumes responsibility
for the professional care given to an | 20 | | animal by a person working under his or
her direction in either | 21 | | an immediate, direct, or indirect supervision arrangement. The | 22 | | supervising veterinarian must have examined the animal at
such | 23 | | time as acceptable veterinary medical practices requires, | 24 | | consistent with
the particular delegated animal health care | 25 | | task.
| 26 | | "Therapeutic" means the treatment, control, and prevention |
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| 1 | | of disease. | 2 | | "Veterinarian" means a person who is validly and currently | 3 | | licensed to practice veterinary medicine in this State. | 4 | | "Veterinarian-client-patient relationship" means that all | 5 | | of the following conditions have been met:
| 6 | | (1) The veterinarian has assumed the responsibility | 7 | | for making clinical
judgments regarding the health of an | 8 | | animal and the need for medical treatment
and the client, | 9 | | owner, or other caretaker has agreed to follow the | 10 | | instructions
of the veterinarian;
| 11 | | (2) There is sufficient knowledge of an animal by the | 12 | | veterinarian to
initiate at least a general or preliminary | 13 | | diagnosis of the medical condition
of the animal. This | 14 | | means that the veterinarian has recently seen and is
| 15 | | personally acquainted with the keeping and care of the | 16 | | animal by virtue of an in-person
examination of the animal | 17 | | or by medically appropriate and timely visits to the
| 18 | | premises where the animal is kept, or the veterinarian has | 19 | | access to the animal patient's records and has been | 20 | | designated by the veterinarian with the prior relationship | 21 | | to provide reasonable and appropriate medical care if the | 22 | | veterinarian with the prior relationship he or she is | 23 | | unavailable; and
| 24 | | (3) The practicing veterinarian is readily available | 25 | | for follow-up in case
of adverse reactions or failure of | 26 | | the treatment regimen or, if unavailable, has designated |
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| 1 | | another available veterinarian who has access to the | 2 | | animal patient's records to provide reasonable and | 3 | | appropriate medical care.
| 4 | | "Veterinarian-client-patient relationship" does not mean a | 5 | | relationship solely based on telephonic or other electronic | 6 | | communications. | 7 | | "Veterinary medicine" means all branches and specialties | 8 | | included within the practice of veterinary medicine. | 9 | | "Veterinary premises" means any premises or facility where | 10 | | the practice of veterinary medicine occurs, including, but not | 11 | | limited to, a mobile clinic, outpatient clinic, satellite | 12 | | clinic, or veterinary hospital or clinic. "Veterinary | 13 | | premises" does not mean the premises of a veterinary client, | 14 | | research facility, a federal military base, or an accredited | 15 | | college of veterinary medicine. | 16 | | "Veterinary prescription drugs" means those drugs | 17 | | restricted to use by or on the order of a licensed veterinarian | 18 | | in accordance with Section 503(f) of the Federal Food, Drug, | 19 | | and Cosmetic Act (21 U.S.C. 353). | 20 | | "Veterinary specialist" means a veterinarian: (1) who has | 21 | | been awarded and maintains certification from a veterinary | 22 | | specialty organization recognized by the American Board of | 23 | | Veterinary Specialties; (2) who has been awarded and maintains | 24 | | certification from a veterinary certifying organization whose | 25 | | standards have been found by the Board to be equivalent to or | 26 | | more stringent than those of American Board of Veterinary |
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| 1 | | Specialties-recognized veterinary specialty organizations; or | 2 | | (3) who otherwise meets criteria that may be established by | 3 | | the Board to support a claim to be a veterinary specialist that | 4 | | a veterinarian is a diplomate within an AVMA-recognized | 5 | | veterinary specialty organization . | 6 | | "Veterinary technology" means the performance of services | 7 | | within the field of
veterinary medicine by a person who, for | 8 | | compensation or personal profit, is
employed by a licensed | 9 | | veterinarian to perform duties that require an
understanding | 10 | | of veterinary medicine necessary to carry out the orders of
| 11 | | the veterinarian. Those services, however, shall not include | 12 | | diagnosing,
prognosing, prescribing writing prescriptions , or | 13 | | surgery.
| 14 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 15 | | (225 ILCS 115/3.5 new) | 16 | | Sec. 3.5. Address of record; email address of record. All | 17 | | applicants and licensees shall: | 18 | | (1) provide a valid address and email address to the | 19 | | Department, which shall serve as the address of record and | 20 | | email address of record, respectively, at the time of | 21 | | application for licensure or renewal of a license; and | 22 | | (2) inform the Department of any change of address
of | 23 | | record or email address of record within 14 days after | 24 | | such change either through the Department's website or by | 25 | | contacting the Department's licensure maintenance unit.
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| 1 | | (225 ILCS 115/4) (from Ch. 111, par. 7004)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 4. Exemptions. Nothing in this Act shall apply to any | 4 | | of the
following:
| 5 | | (1) Veterinarians employed by the federal or State | 6 | | government while
engaged in their official duties.
| 7 | | (2) Licensed veterinarians from other states who are | 8 | | invited to Illinois
for consultation by a veterinarian | 9 | | licensed in Illinois.
| 10 | | (3) Veterinarians employed by colleges or universities | 11 | | while engaged in
the performance of their official duties, | 12 | | or
faculty engaged in animal husbandry or animal | 13 | | management programs of colleges
or universities.
| 14 | | (3.5) A veterinarian or veterinary technician from | 15 | | another state or country who (A) is not licensed under | 16 | | this Act; (B) is currently licensed as a veterinarian or | 17 | | veterinary technician in another state or country, or | 18 | | otherwise exempt from licensure in the other state; (C) is | 19 | | an invited guest of a professional veterinary association, | 20 | | veterinary training program, or continuing education | 21 | | provider approved by the Department; and (D) engages in | 22 | | professional education through lectures, clinics, or | 23 | | demonstrations.
| 24 | | (4) A veterinarian employed by an accredited college | 25 | | of veterinary
medicine providing assistance requested by a |
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| 1 | | veterinarian licensed in Illinois,
acting with informed | 2 | | consent from the client and acting under the direct or
| 3 | | indirect supervision and control of the licensed | 4 | | veterinarian. Providing
assistance involves hands-on | 5 | | active participation in the treatment and care of
the | 6 | | patient. The licensed veterinarian shall maintain | 7 | | responsibility for the
veterinarian-client-patient | 8 | | relationship.
| 9 | | (5) Veterinary students in an accredited
college of | 10 | | veterinary medicine, university,
department
of a | 11 | | university, or other institution of veterinary medicine | 12 | | and surgery
engaged in duties assigned by their
| 13 | | instructors or working under the immediate or direct | 14 | | supervision of a licensed veterinarian.
| 15 | | (5.5) Students of an accredited program in veterinary | 16 | | technology performing veterinary technology duties or | 17 | | actions assigned by instructors or working under the | 18 | | immediate or direct supervision of a licensed | 19 | | veterinarian.
| 20 | | (6) Any person engaged in bona fide scientific | 21 | | research which
requires
the use of animals.
| 22 | | (7) An owner of livestock and any of the owner's | 23 | | employees or the owner
and employees of a service and care | 24 | | provider of livestock caring for and
treating livestock | 25 | | belonging to the owner or under a provider's care, | 26 | | including
but not limited to, the performance of husbandry |
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| 1 | | and livestock management
practices such as dehorning, | 2 | | castration, emasculation, or docking of cattle,
horses, | 3 | | sheep, goats, and swine, artificial insemination, and | 4 | | drawing of semen.
Nor shall this Act be construed to | 5 | | prohibit any person from administering in a
humane manner | 6 | | medicinal or surgical treatment to any livestock in the | 7 | | care
of such person. However, any such services shall | 8 | | comply with the Humane Care
for Animals Act.
| 9 | | (8) An owner of an animal, or an agent of the owner | 10 | | acting with the
owner's approval, in caring for, training, | 11 | | or treating an animal belonging to
the owner, so long as | 12 | | that individual or agent does not represent himself or
| 13 | | herself as a veterinarian or use any title associated with | 14 | | the practice of
veterinary medicine or surgery or | 15 | | diagnose, prescribe drugs, or perform
surgery. The agent | 16 | | shall provide the owner with a written statement
| 17 | | summarizing the nature of the services provided and obtain | 18 | | a signed
acknowledgment from the owner that they accept | 19 | | the services provided. The
services shall comply with the | 20 | | Humane Care for Animals Act. The provisions of
this item | 21 | | (8) do not apply to a person who is exempt under item (7).
| 22 | | (9) A member in good standing of another licensed or | 23 | | regulated profession
within any state or a member of an | 24 | | organization or group approved by the
Department by rule | 25 | | providing assistance that is requested in writing by a | 26 | | veterinarian
licensed in this State acting within a |
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| 1 | | veterinarian-client-patient relationship and with | 2 | | informed consent from the client and the member is acting
| 3 | | under the immediate, direct, or indirect supervision and | 4 | | control of the licensed
veterinarian. Providing assistance | 5 | | involves hands-on active participation in
the treatment | 6 | | and care of the patient, as defined by rule. The licensed
| 7 | | veterinarian shall maintain responsibility for the | 8 | | veterinarian-client-patient
relationship, but shall be | 9 | | immune from liability, except for willful and wanton | 10 | | conduct, in any civil or criminal action if a member | 11 | | providing assistance does not meet the requirements of | 12 | | this item (9).
| 13 | | (10) A graduate of a non-accredited college of | 14 | | veterinary medicine who is
in
the process of obtaining a | 15 | | certificate of educational equivalence and is
performing | 16 | | duties or actions assigned by instructors in an approved | 17 | | college of
veterinary medicine.
| 18 | | (10.5) A veterinarian who is enrolled in a | 19 | | postgraduate instructional program in an accredited | 20 | | college of veterinary medicine performing duties or | 21 | | actions assigned by instructors or working under the | 22 | | immediate or direct supervision of a licensed veterinarian | 23 | | or a faculty member of the College of Veterinary Medicine | 24 | | at the University of Illinois.
| 25 | | (11) A certified euthanasia technician who is | 26 | | authorized to perform
euthanasia in the course and scope |
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| 1 | | of his or her employment only as permitted by the Humane | 2 | | Euthanasia in Animal Shelters Act.
| 3 | | (12) A person who, without expectation of | 4 | | compensation, provides emergency
veterinary care in an | 5 | | emergency or disaster situation so long as the person he | 6 | | or she does
not represent oneself himself or herself as a | 7 | | veterinarian or use a title or degree
pertaining to the | 8 | | practice of veterinary medicine and surgery.
| 9 | | (13) Any certified veterinary technician or other | 10 | | employee of a licensed
veterinarian performing permitted | 11 | | duties other than diagnosis, prognosis, prescribing | 12 | | prescription ,
or surgery under the appropriate direction | 13 | | and supervision of the veterinarian, who shall
be | 14 | | responsible for the performance of the employee.
| 15 | | (13.5) Any pharmacist licensed in the State, merchant, | 16 | | or manufacturer selling at a his or her regular place of | 17 | | business medicines, feed, appliances, or other products | 18 | | used in the prevention or treatment of animal diseases as | 19 | | permitted by law and provided that the services provided | 20 | | he or she provides do not include diagnosing, prognosing, | 21 | | prescribing writing prescriptions , or surgery.
| 22 | | (14) An approved humane investigator regulated under | 23 | | the Humane Care for
Animals Act or employee of a shelter | 24 | | licensed under the Animal Welfare Act,
working under the | 25 | | indirect supervision of a licensed veterinarian.
| 26 | | (15) An individual providing equine dentistry services |
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| 1 | | requested by a
veterinarian licensed to practice in this | 2 | | State, an owner, or an owner's agent.
For the purposes of | 3 | | this item (15), "equine dentistry services" means floating
| 4 | | teeth without the use of drugs or extraction.
| 5 | | (15.5) In the event of an emergency or disaster, a | 6 | | veterinarian or veterinary technician not licensed in this | 7 | | State who (A) is responding to a request for assistance | 8 | | from the Illinois Department of Agriculture, the Illinois | 9 | | Department of Public Health, the Illinois Emergency | 10 | | Management Agency, or other State agency as determined by | 11 | | the Department; (B) is licensed and in good standing in | 12 | | another state; and (C) has been granted a temporary waiver | 13 | | from licensure by the Department.
| 14 | | (16) Private treaty sale of animals unless otherwise | 15 | | provided by law.
| 16 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 17 | | (225 ILCS 115/4.5 new) | 18 | | Sec. 4.5. Telemedicine. Telemedicine occurs when either | 19 | | the animal who is receiving the care is located in the State | 20 | | when receiving telemedicine treatment or the veterinarian | 21 | | providing the care to the animal is located in the State when | 22 | | providing telemedicine treatment, pursuant to the provisions | 23 | | of Section 5. Telemedicine may only be used when a | 24 | | veterinarian has an established veterinarian-client-patient | 25 | | relationship. Telemedicine may be used in the following |
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| 1 | | circumstances: | 2 | | (1) when a physical examination of the patient has | 3 | | been conducted within one year; and | 4 | | (2) if it is possible to make a diagnosis and create a | 5 | | treatment plan without a recent physical examination based | 6 | | on professional standards of care. | 7 | | A veterinarian shall not substitute telehealth, | 8 | | teleadvice, telemedicine, or teletriage when a physical | 9 | | examination is warranted or necessary for an accurate | 10 | | diagnosis of any medical condition or creation of an | 11 | | appropriate treatment plan. All minimum standards of practice | 12 | | and provisions under this Act and rules shall be maintained. | 13 | | A veterinarian shall ensure that any technology used in | 14 | | the provision of telemedicine is sufficient and of appropriate | 15 | | quality to provide accurate remote assessment and diagnosis. A | 16 | | veterinarian shall meet all recordkeeping requirements | 17 | | pursuant to subsection (c) of Section 25.17. | 18 | | A supervising veterinarian may delegate telemedicine | 19 | | services to a certified veterinary technician who is acting | 20 | | under direct or indirect supervision and in accordance with | 21 | | the Act and rules. A valid veterinarian-client-patient | 22 | | relationship established by a physical examination conducted | 23 | | by the supervising veterinarian must exist for the certified | 24 | | veterinary technician to provide delegated telemedicine | 25 | | services. | 26 | | A veterinarian and a certified veterinary technician |
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| 1 | | providing telemedicine services shall, at the time of service, | 2 | | provide the veterinarian or certified veterinary technician's | 3 | | contact information, including the veterinarian or certified | 4 | | veterinary technician's full name, to the client or practice | 5 | | using the service. All telemedicine records shall be provided | 6 | | to the client upon request.
| 7 | | (225 ILCS 115/8) (from Ch. 111, par. 7008)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 8. Qualifications. A person is qualified to receive a | 10 | | license if the applicant he
or she : (1)
is of good moral | 11 | | character; (2) has graduated from an accredited college or
| 12 | | school of veterinary medicine;
and (3) has passed the | 13 | | examination
authorized
by the Department to determine fitness | 14 | | to hold a license.
| 15 | | Applicants for licensure from non-accredited veterinary | 16 | | schools are
required
to
successfully complete a program of | 17 | | educational equivalency as established by
rule. At a minimum, | 18 | | this program shall include all of the following:
| 19 | | (1) A certified transcript indicating graduation from | 20 | | such college.
| 21 | | (2) Successful completion of a communication ability | 22 | | examination designed
to assess communication skills, | 23 | | including a command of the English language.
| 24 | | (3) Successful completion of an examination or | 25 | | assessment mechanism
designed to evaluate educational |
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| 1 | | equivalence, including both preclinical and
clinical | 2 | | competencies.
| 3 | | (4) Any other reasonable assessment mechanism designed | 4 | | to ensure an
applicant possesses the educational | 5 | | background necessary to protect the public
health and | 6 | | safety.
| 7 | | Successful completion of the criteria set forth in this | 8 | | Section shall
establish education equivalence as one of the | 9 | | criteria for licensure set forth
in this Act. Applicants under | 10 | | this Section must also meet all other statutory
criteria for | 11 | | licensure prior to the issuance of any such license, including
| 12 | | graduation from veterinary school.
| 13 | | A graduate of a non-approved veterinary school who was | 14 | | issued a work permit
by
the Department before the effective | 15 | | date of this amendatory Act of the 93rd
General Assembly may | 16 | | continue to work under the direct supervision of a
licensed | 17 | | veterinarian until the expiration of his or her permit.
| 18 | | In determining moral character under this Section, the | 19 | | Department may take
into consideration any felony conviction | 20 | | of the applicant, but such a
conviction shall not operate as a | 21 | | bar to obtaining a license. The Department
may also request | 22 | | the applicant to submit and may consider as evidence of
moral | 23 | | character, endorsements from 2 individuals licensed under this | 24 | | Act.
| 25 | | (Source: P.A. 93-281, eff. 12-31-03 .)
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| 1 | | (225 ILCS 115/10) (from Ch. 111, par. 7010)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 10. Application for licensure. A person who desires | 4 | | to obtain a
license as a veterinarian or a certificate as a | 5 | | veterinary technician
shall apply to the Department on forms | 6 | | provided by the Department. Each
application shall be | 7 | | accompanied by proof of qualifications and shall be
verified | 8 | | by the applicant under oath and be accompanied by the required | 9 | | fee.
| 10 | | If an applicant neglects, fails, or refuses to take an | 11 | | examination or fails to pass an examination for a license or | 12 | | otherwise fails to complete the application process under this | 13 | | Act within 3 years after filing the applicant's application, | 14 | | the application shall be denied. However, such applicant may | 15 | | make a new application for examination accompanied by the | 16 | | required fee and must furnish proof of meeting qualifications | 17 | | for examination in effect at the time of new application. | 18 | | (Source: P.A. 88-424 .)
| 19 | | (225 ILCS 115/10.5)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 10.5. Social Security Number or federal individual | 22 | | taxpayer identification number on license application. In | 23 | | addition
to any other information required to be contained in | 24 | | the application, every
application for an original license | 25 | | under this Act shall
include the applicant's Social Security |
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| 1 | | Number or federal individual taxpayer identification number , | 2 | | which shall be retained in the agency's records pertaining to | 3 | | the license. As soon as practical, the Department shall assign | 4 | | a customer's identification number to each applicant for a | 5 | | license. | 6 | | Every application for a renewal or restored license shall | 7 | | require the applicant's customer identification number.
| 8 | | (Source: P.A. 97-400, eff. 1-1-12 .)
| 9 | | (225 ILCS 115/11) (from Ch. 111, par. 7011)
| 10 | | (Section scheduled to be repealed on January 1, 2024)
| 11 | | Sec. 11. Practice pending licensure. A person holding the | 12 | | degree of Doctor of
Veterinary Medicine, or its equivalent, | 13 | | from an accredited college of
veterinary medicine,
and who has | 14 | | applied in writing to the Department for a license to practice
| 15 | | veterinary medicine and surgery in any of its branches, and | 16 | | who has fulfilled
the requirements of Section 8 of this Act, | 17 | | with the exception of receipt of
notification of his or her | 18 | | examination results, may practice under the direct
supervision | 19 | | of a veterinarian who is licensed in this State,
until: (1) the | 20 | | applicant has been notified of his or her failure to pass the | 21 | | examination
authorized by the Department; (2) the applicant | 22 | | has withdrawn his or her
application; (3) the applicant has | 23 | | received a license from the Department after successfully | 24 | | passing the examination authorized by the Department; or (4) | 25 | | the applicant has been notified by the Department to cease and |
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| 1 | | desist from practicing.
| 2 | | The applicant shall perform only those acts
that may be | 3 | | prescribed by and incidental to his or her employment and | 4 | | those acts
shall be performed under the direction of a | 5 | | supervising veterinarian who is licensed in this State. The | 6 | | applicant shall not be entitled to otherwise engage in the
| 7 | | practice of
veterinary medicine until fully licensed in this | 8 | | State.
| 9 | | The Department shall
immediately notify , by certified | 10 | | mail, the supervising
veterinarian employing the applicant and | 11 | | the applicant that the applicant shall immediately cease and | 12 | | desist from practicing if the applicant (1) practices outside | 13 | | his or her employment under a licensed veterinarian; (2) | 14 | | violates any provision of this Act; or (3) becomes ineligible | 15 | | for licensure under this Act.
| 16 | | (Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09; | 17 | | 96-1000, eff. 7-2-10 .)
| 18 | | (225 ILCS 115/12) (from Ch. 111, par. 7012)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 12. Renewal and inactive status; restoration; | 21 | | military service. | 22 | | (a) The expiration date and renewal period for each | 23 | | license or certificate shall be set by rule. | 24 | | (b) A licensee who has permitted his or her license to | 25 | | expire or who has had his or her license on inactive status may |
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| 1 | | have the license restored by making application to the | 2 | | Department by filing proof acceptable to the Department of his | 3 | | or her fitness to have the license restored and by paying the | 4 | | required fees. Proof of fitness may include sworn evidence | 5 | | certifying to active lawful practice in another jurisdiction. | 6 | | If the licensee has not maintained an active practice in | 7 | | another jurisdiction satisfactory to the Department, the | 8 | | Department shall determine, by an evaluation program | 9 | | established by rule, his or her fitness for restoration of the | 10 | | license and shall establish procedures and requirements for | 11 | | restoration. | 12 | | (c) A licensee whose license expired while the licensee he | 13 | | or she was (1) in federal service on active duty with the Armed | 14 | | Forces of the United States or the State Militia called into | 15 | | service or training or (2) in training or education under the | 16 | | supervision of the United States before induction into the | 17 | | military service, may have the license restored without paying | 18 | | any lapsed renewal fees if within 2 years after honorable | 19 | | termination of the service, training, or education the | 20 | | licensee he or she furnishes the Department with satisfactory | 21 | | evidence to the effect that the licensee he or she has been so | 22 | | engaged and that the licensee's his or her service, training, | 23 | | or education has been so terminated. | 24 | | (d) Any licensee
who notifies the Department in writing on | 25 | | the prescribed form may place the licensee's his or
her license | 26 | | or certification on an inactive status and shall, subject to |
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| 1 | | rule,
be exempt from payment of the renewal fee until the | 2 | | licensee he or she notifies the Department in writing of
the | 3 | | licensee's his or her intention to resume active status.
| 4 | | (e) Any veterinarian or certified veterinary technician | 5 | | requesting
restoration from
inactive or expired status shall | 6 | | be required to complete the continuing education
requirements | 7 | | for a single license or certificate renewal period, pursuant | 8 | | to
rule, and pay the current renewal fee to restore the renewal | 9 | | applicant's his or her license or
certification as provided in | 10 | | this Act.
| 11 | | (f) Any licensee whose license is in inactive, expired, or | 12 | | suspended status shall not practice
veterinary medicine and | 13 | | surgery in this State.
| 14 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 15 | | (225 ILCS 115/14.1) (from Ch. 111, par. 7014.1)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 14.1. Returned checks; fines. Any person who delivers | 18 | | a check or other
payment to the Department that is returned to | 19 | | the Department unpaid by the
financial institution upon which | 20 | | it is drawn shall pay to the Department, in
addition to the | 21 | | amount already owed to the Department, a fine of $50. The
fines | 22 | | imposed by this Section
are
in addition to any other | 23 | | discipline provided under this Act for unlicensed
practice or | 24 | | practice on a nonrenewed license or certificate. The | 25 | | Department
shall notify the person that payment of fees and |
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| 1 | | fines shall be paid to the
Department by certified check or | 2 | | money order within 30 calendar days of the
notification. If, | 3 | | after the expiration of 30 days from the date of the
| 4 | | notification, the person has failed to submit the necessary | 5 | | remittance, the
Department shall automatically terminate the | 6 | | license or certificate or deny
the application, without | 7 | | hearing. If, after termination or denial, the
person seeks a | 8 | | license or certificate, the person he or she shall apply to the
| 9 | | Department for restoration or issuance of the license or | 10 | | certificate and
pay all fees and fines due to the Department. | 11 | | The Department may establish
a fee for the processing of an | 12 | | application for restoration of a license or
certificate to pay | 13 | | all expenses of processing this application. The Secretary
may | 14 | | waive the fines due under this Section in individual cases | 15 | | where the Secretary
finds that the fines would be unreasonable | 16 | | or unnecessarily
burdensome.
| 17 | | (Source: P.A. 96-1322, eff. 7-27-10 .)
| 18 | | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 25. Disciplinary actions.
| 21 | | 1. The Department may refuse to issue or renew, or may | 22 | | revoke,
suspend, place on probation, reprimand, or take other | 23 | | disciplinary or non-disciplinary
action as the Department may | 24 | | deem appropriate, including imposing fines not to
exceed | 25 | | $10,000 for each violation and the assessment of costs as |
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| 1 | | provided for in Section 25.3 of this Act, with regard to any
| 2 | | license or certificate for any one or combination of the | 3 | | following:
| 4 | | A. Material misstatement in furnishing information to | 5 | | the
Department.
| 6 | | B. Violations of this Act, or of the rules adopted | 7 | | pursuant to this Act.
| 8 | | C. Conviction by plea of guilty or nolo contendere, | 9 | | finding of guilt, jury verdict, or entry of judgment or by | 10 | | sentencing of any crime, including, but not limited to, | 11 | | convictions, preceding sentences of supervision, | 12 | | conditional discharge, or first offender probation, under | 13 | | the laws of any jurisdiction of the United States that is | 14 | | (i) a felony or (ii) a misdemeanor, an essential element | 15 | | of which is dishonesty, or that is directly related to the | 16 | | practice of the profession.
| 17 | | D. Fraud or any misrepresentation in applying for or | 18 | | procuring a license under this Act or in connection with | 19 | | applying for renewal of a license under this Act.
| 20 | | E. Professional incompetence.
| 21 | | F. Malpractice.
| 22 | | G. Aiding or assisting another person in violating any | 23 | | provision of this
Act or rules.
| 24 | | H. Failing, within 60 days, to provide information in | 25 | | response to a
written request made by the Department.
| 26 | | I. Engaging in dishonorable, unethical, or |
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| 1 | | unprofessional conduct of a
character likely to deceive, | 2 | | defraud, or harm the public.
| 3 | | J. Habitual or excessive use or abuse of drugs defined | 4 | | in law as controlled substances, alcohol, or any other | 5 | | substance that results in the inability
to practice with | 6 | | reasonable judgment, skill, or safety.
| 7 | | K. Discipline by another state, unit of government, | 8 | | government agency, District of Columbia, territory, or
| 9 | | foreign nation, if at least one of the grounds for the | 10 | | discipline is the same
or substantially equivalent to | 11 | | those set forth herein.
| 12 | | L. Charging for professional services not rendered, | 13 | | including filing false statements for the collection of | 14 | | fees for which services are not rendered.
| 15 | | M. A finding by the Board that the licensee or | 16 | | certificate holder,
after having his license or | 17 | | certificate placed on probationary status, has
violated | 18 | | the terms of probation.
| 19 | | N. Willfully making or filing false records or reports | 20 | | in his practice,
including but not limited to false | 21 | | records filed with State agencies or
departments.
| 22 | | O. Physical illness, including but not limited to, | 23 | | deterioration through
the aging process, or loss of motor | 24 | | skill which results in the inability
to practice under | 25 | | this Act with reasonable judgment, skill, or safety.
| 26 | | P. Solicitation of professional services other than |
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| 1 | | permitted
advertising.
| 2 | | Q. Allowing one's license under this Act to be used by | 3 | | an unlicensed person in violation of this Act.
| 4 | | R. Conviction of or cash compromise of a charge or | 5 | | violation of the
Harrison Act or the Illinois Controlled | 6 | | Substances Act, regulating narcotics.
| 7 | | S. Fraud or dishonesty in applying, treating, or | 8 | | reporting on
tuberculin or other biological tests.
| 9 | | T. Failing to report, as required by law, or making | 10 | | false report of any
contagious or infectious diseases.
| 11 | | U. Fraudulent use or misuse of any health certificate, | 12 | | shipping
certificate, brand inspection certificate, or | 13 | | other blank forms used in
practice that might lead to the | 14 | | dissemination of disease or the transportation
of diseased | 15 | | animals dead or alive; or dilatory methods, willful | 16 | | neglect, or
misrepresentation in the inspection of milk, | 17 | | meat, poultry, and the by-products
thereof.
| 18 | | V. Conviction on a charge of cruelty to animals.
| 19 | | W. Failure to keep one's premises and all equipment | 20 | | therein in a clean
and sanitary condition.
| 21 | | X. Failure to provide satisfactory proof of having | 22 | | participated in
approved continuing education programs.
| 23 | | Y. Mental illness or disability that results in the | 24 | | inability to practice under this Act with reasonable | 25 | | judgment, skill, or safety.
| 26 | | Z. (Blank). Conviction by any court of competent |
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| 1 | | jurisdiction, either within or
outside this State, of any | 2 | | violation of any law governing the practice of
veterinary | 3 | | medicine, if the Department determines, after | 4 | | investigation, that
the person has not been sufficiently | 5 | | rehabilitated to warrant the public trust.
| 6 | | AA. Promotion of the sale of drugs, devices, | 7 | | appliances, or goods provided
for a patient in any manner | 8 | | to exploit the client for financial gain of the
| 9 | | veterinarian.
| 10 | | BB. Gross, willful, or continued overcharging for | 11 | | professional services.
| 12 | | CC. Practicing under a false or, except as provided by | 13 | | law, an assumed
name.
| 14 | | DD. Violating state or federal laws or regulations | 15 | | relating to controlled substances or legend drugs.
| 16 | | EE. Cheating on or attempting to subvert the licensing | 17 | | examination
administered under this Act.
| 18 | | FF. Using, prescribing, or selling a prescription drug | 19 | | or the
extra-label use of a prescription drug by any means | 20 | | in the absence of a valid
veterinarian-client-patient | 21 | | relationship.
| 22 | | GG. Failing to report a case of suspected aggravated | 23 | | cruelty, torture,
or
animal fighting pursuant to Section | 24 | | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | 25 | | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | 26 | | Code of 2012.
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| 1 | | All fines imposed under this Section shall be paid within | 2 | | 60 days after the effective date of the order imposing the fine | 3 | | or in accordance with the terms set forth in the order imposing | 4 | | the fine. | 5 | | 2. The determination by a circuit court that a licensee or | 6 | | certificate
holder is subject to involuntary admission or | 7 | | judicial admission as provided in
the Mental Health and | 8 | | Developmental Disabilities Code operates as an automatic
| 9 | | suspension. The suspension will end only upon a finding by a | 10 | | court that the
patient is no longer subject to involuntary | 11 | | admission or judicial admission and
issues an order so finding | 12 | | and discharging the patient. In any case where a license is | 13 | | suspended under this provision, the licensee shall file a | 14 | | petition for restoration and shall include evidence acceptable | 15 | | to the Department that the licensee can resume practice in | 16 | | compliance with acceptable and prevailing standards of his or | 17 | | her profession.
| 18 | | 3. All proceedings to suspend, revoke, place on | 19 | | probationary status, or
take any other disciplinary action as | 20 | | the Department may deem proper, with
regard to a license or | 21 | | certificate on any of the foregoing grounds, must be
commenced | 22 | | within 5 years after receipt by the Department of a complaint
| 23 | | alleging the commission of or notice of the conviction order | 24 | | for any of the
acts described in this Section. Except for | 25 | | proceedings brought for violations
of items (CC), (DD), or | 26 | | (EE), no action shall be commenced more than 5 years
after the |
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| 1 | | date of the incident or act alleged to have violated this | 2 | | Section.
In the event of the settlement of any claim or cause | 3 | | of action in favor of the
claimant or the reduction to final | 4 | | judgment of any civil action in favor of the
plaintiff, the | 5 | | claim, cause of action, or civil action being grounded on the
| 6 | | allegation that a person licensed or certified under this Act | 7 | | was negligent in
providing care, the Department shall have an | 8 | | additional period of one year from
the date of the settlement | 9 | | or final judgment in which to investigate and begin
formal | 10 | | disciplinary proceedings under Section 25.2 of this Act, | 11 | | except as
otherwise provided by law. The time during which the | 12 | | holder of the license or
certificate was outside the State of | 13 | | Illinois shall not be included within any
period of time | 14 | | limiting the commencement of disciplinary action by the
| 15 | | Department.
| 16 | | 4. The Department may refuse to issue or may suspend | 17 | | without hearing, as provided for in the Illinois Code of Civil | 18 | | Procedure,
the license of any person who fails to file a | 19 | | return, to pay the tax, penalty,
or interest
shown in a filed | 20 | | return, or to pay any final assessment of tax, penalty, or
| 21 | | interest as
required by any tax Act administered by the | 22 | | Illinois Department of Revenue, until such
time as
the | 23 | | requirements of any such tax Act are satisfied in accordance | 24 | | with subsection (g) of Section 2105-15 of the Civil | 25 | | Administrative Code of Illinois.
| 26 | | 5. In enforcing this Section, the Department, upon a |
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| 1 | | showing of a possible violation, may compel any individual who | 2 | | is registered under this Act or any individual who has applied | 3 | | for registration to submit to a mental or physical examination | 4 | | or evaluation, or both, which may include a substance abuse or | 5 | | sexual offender evaluation, at the expense of the Department. | 6 | | The Department shall specifically designate the examining | 7 | | physician licensed to practice medicine in all of its branches | 8 | | or, if applicable, the multidisciplinary team involved in | 9 | | providing the mental or physical examination and evaluation. | 10 | | The multidisciplinary team shall be led by a physician | 11 | | licensed to practice medicine in all of its branches and may | 12 | | consist of one or more or a combination of physicians licensed | 13 | | to practice medicine in all of its branches, licensed | 14 | | chiropractic physicians, licensed clinical psychologists, | 15 | | licensed clinical social workers, licensed clinical | 16 | | professional counselors, and other professional and | 17 | | administrative staff. Any examining physician or member of the | 18 | | multidisciplinary team may require any person ordered to | 19 | | submit to an examination and evaluation pursuant to this | 20 | | Section to submit to any additional supplemental testing | 21 | | deemed necessary to complete any examination or evaluation | 22 | | process, including, but not limited to, blood testing, | 23 | | urinalysis, psychological testing, or neuropsychological | 24 | | testing. | 25 | | The Department may order the examining physician or any | 26 | | member of the multidisciplinary team to provide to the |
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| 1 | | Department any and all records, including business records, | 2 | | that relate to the examination and evaluation, including any | 3 | | supplemental testing performed. The Department may order the | 4 | | examining physician or any member of the multidisciplinary | 5 | | team to present testimony concerning this examination and | 6 | | evaluation of the registrant or applicant, including testimony | 7 | | concerning any supplemental testing or documents relating to | 8 | | the examination and evaluation. No information, report, | 9 | | record, or other documents in any way related to the | 10 | | examination and evaluation shall be excluded by reason of any | 11 | | common law or statutory privilege relating to communication | 12 | | between the licensee or applicant and the examining physician | 13 | | or any member of the multidisciplinary team. No authorization | 14 | | is necessary from the registrant or applicant ordered to | 15 | | undergo an evaluation and examination for the examining | 16 | | physician or any member of the multidisciplinary team to | 17 | | provide information, reports, records, or other documents or | 18 | | to provide any testimony regarding the examination and | 19 | | evaluation. The individual to be examined may have, at his or | 20 | | her own expense, another physician of his or her choice | 21 | | present during all aspects of the examination. | 22 | | Failure of any individual to submit to mental or physical | 23 | | examination or evaluation, or both, when directed, shall | 24 | | result in an automatic suspension without hearing, until such | 25 | | time as the individual submits to the examination. If the | 26 | | Department finds a registrant unable to practice because of |
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| 1 | | the reasons set forth in this Section, the Department shall | 2 | | require such registrant to submit to care, counseling, or | 3 | | treatment by physicians approved or designated by the | 4 | | Department as a condition for continued, reinstated, or | 5 | | renewed registration. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | registration under this Section, a hearing upon such person's | 8 | | registration must be convened by the Department within 15 days | 9 | | after such suspension and completed without appreciable delay. | 10 | | The Department shall have the authority to review the | 11 | | registrant's record of treatment and counseling regarding the | 12 | | impairment to the extent permitted by applicable federal | 13 | | statutes and regulations safeguarding the confidentiality of | 14 | | medical records. | 15 | | Individuals registered under this Act who are affected | 16 | | under this Section, shall be afforded an opportunity to | 17 | | demonstrate to the Department that they can resume practice in | 18 | | compliance with acceptable and prevailing standards under the | 19 | | provisions of their registration.
| 20 | | 6. (Blank). | 21 | | 7. In cases where the Department of Healthcare and Family | 22 | | Services has previously determined a licensee or a potential | 23 | | licensee is more than 30 days delinquent in the payment of | 24 | | child support and has subsequently certified the delinquency | 25 | | to the Department, the Department may refuse to issue or renew | 26 | | or may revoke or suspend that person's license or may take |
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| 1 | | other disciplinary action against that person based solely | 2 | | upon the certification of delinquency made by the Department | 3 | | of Healthcare and Family Services in accordance with paragraph | 4 | | (5) of subsection (a) of Section 2105-15 of the Civil | 5 | | Administrative Code of Illinois. | 6 | | (Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
| 7 | | (225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 25.2. Investigation; notice and hearing. The | 10 | | Department may investigate the
actions of any applicant or of | 11 | | any person or persons holding or claiming to
hold a license or | 12 | | certificate. The Department shall, before refusing to issue,
| 13 | | to renew or discipline a license or certificate under Section | 14 | | 25, at least 30
days prior to the date set for the hearing, | 15 | | notify the applicant or licensee in writing of the nature of | 16 | | the charges and
the time and place for a hearing on the | 17 | | charges. The Department shall direct
the applicant, | 18 | | certificate holder, or licensee to file a written answer to | 19 | | the charges with the
Board under oath within 20 days after the | 20 | | service of the notice and inform the
applicant, certificate | 21 | | holder, or licensee that failure to file an answer will
result | 22 | | in default being taken against the applicant, certificate | 23 | | holder, or
licensee. At the time and place fixed in the notice, | 24 | | the Department shall proceed to hear the charges and the | 25 | | parties or their counsel shall be accorded ample opportunity |
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| 1 | | to present any pertinent statements, testimony, evidence, and | 2 | | arguments. The Department may continue the hearing from time | 3 | | to time. In case the person, after receiving the notice, fails | 4 | | to file an answer, his or her license may, in the discretion of | 5 | | the Department, be revoked, suspended, placed on probationary | 6 | | status, or the Department may take whatever disciplinary | 7 | | action considered proper, including limiting the scope, | 8 | | nature, or extent of the person's practice or the imposition | 9 | | of a fine, without a hearing, if the act or acts charged | 10 | | constitute sufficient grounds for that action under the Act. | 11 | | The written notice and any notice in the subsequent proceeding | 12 | | may be served by registered or certified mail to the | 13 | | licensee's address of record or, if in the course of the | 14 | | administrative proceeding the party has previously designated | 15 | | a specific email address at which to accept electronic service | 16 | | for that specific proceeding, by sending a copy by email to the | 17 | | party's email address on record .
| 18 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 19 | | (225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 25.6. Board report. At the conclusion of the hearing | 22 | | the Board
shall present to the Secretary a written report of | 23 | | its findings of fact,
conclusions of law, and recommendations. | 24 | | The report shall contain a finding
whether or not the accused | 25 | | person violated this Act or failed to comply with
the |
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| 1 | | conditions required in this Act. The Board shall specify the | 2 | | nature of the
violation or failure to comply, and shall make | 3 | | its recommendations to the Secretary.
| 4 | | The report of findings of fact, conclusions of law and | 5 | | recommendation of
the Board shall be the basis for the | 6 | | Secretary's Department's order for refusing to issue, restore, | 7 | | or renew a license, or otherwise disciplining a licensee, or | 8 | | for
the granting of a license, certificate, or permit. If the | 9 | | Secretary disagrees
in any regard with the report of the | 10 | | Board, then the Secretary may issue an order in
contravention | 11 | | thereof. The finding is not admissible in evidence
against the | 12 | | person in a criminal prosecution brought for the violation of | 13 | | this
Act, but the hearing and finding are not a bar to a | 14 | | criminal prosecution
brought for the violation of this Act.
| 15 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 16 | | (225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 25.7. Motion for rehearing; procedure upon refusal to | 19 | | license or issue certificate. In
any hearing involving the | 20 | | refusal to issue, renew, or
discipline a license or | 21 | | certificate, a copy of the Board's report shall be
served upon | 22 | | the respondent by the Department, either personally or as | 23 | | provided
in this Act for the service of the notice of hearing. | 24 | | Within 20 days after
service, the respondent may present to | 25 | | the Secretary Department a motion in writing for a
rehearing. |
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| 1 | | The motion shall specify the particular grounds for the | 2 | | rehearing.
If no motion for rehearing is filed, then upon the | 3 | | expiration of the time
specified for filing a motion, or if a | 4 | | motion for rehearing is denied, then
upon the denial, then the | 5 | | Secretary may enter an order in accordance with
| 6 | | recommendations of the Board except as provided in Section | 7 | | 25.6 of this Act.
If the respondent orders from the reporting | 8 | | service, and pays for a transcript
of the record within the | 9 | | time for filing a motion for rehearing, the 20-day 20 day
| 10 | | period within which such a motion may be filed shall commence | 11 | | upon the delivery
of the transcript to the respondent.
| 12 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 13 | | (225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
| 14 | | (Section scheduled to be repealed on January 1, 2024)
| 15 | | Sec. 25.9. Hearing officers; reports; review. The | 16 | | Secretary shall have the authority
to appoint any attorney | 17 | | duly licensed to practice law in the State of Illinois
to serve | 18 | | as the hearing officer in any action for refusal to issue, | 19 | | renew, or
discipline of a license, certificate, or permit. The | 20 | | hearing officer shall have full authority to
conduct the | 21 | | hearing. The hearing officer shall report his or her findings | 22 | | of
fact, conclusions of law, and recommendations to the Board | 23 | | and the Secretary .
The Board shall have 60 days from receipt of | 24 | | the report to review the report of
the hearing officer and | 25 | | present its findings of fact, conclusions of law, and
|
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| 1 | | recommendations to the Secretary. If the Board fails to | 2 | | present its report
within the 60-day 60 day period, then the | 3 | | Secretary may issue an order based on the report
of the hearing | 4 | | officer. If the Secretary disagrees with the
recommendation of | 5 | | the Board or hearing officer, then the Secretary may issue an | 6 | | order in
contravention of the report.
| 7 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 8 | | (225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
| 9 | | (Section scheduled to be repealed on January 1, 2024)
| 10 | | Sec. 25.15. Certification of record. The Department shall | 11 | | not be
required to certify any record
to the Court or file any | 12 | | answer in court or otherwise appear in any court
in a judicial | 13 | | review proceeding, unless and until the Department has | 14 | | received from the plaintiff payment of the
costs of furnishing | 15 | | and certifying the record, which costs shall be determined by | 16 | | the Department. Exhibits shall be certified without cost. | 17 | | Failure on the part of
the plaintiff to file a receipt in Court | 18 | | shall be grounds for
dismissal
of the action.
| 19 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 20 | | (225 ILCS 115/25.17)
| 21 | | (Section scheduled to be repealed on January 1, 2024)
| 22 | | Sec. 25.17. Disclosure of patient records; maintenance. | 23 | | (a) No veterinarian shall be required to
disclose any | 24 | | information concerning the veterinarian's care of an animal |
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| 1 | | except
on written authorization or other waiver by the | 2 | | veterinarian's client or on
appropriate court order or | 3 | | subpoena. Any veterinarian releasing information
under written | 4 | | authorization, or other waiver by the client, or court order | 5 | | of
subpoena is not liable to the client or any other person. | 6 | | The privilege
provided by this Section is waived to the extent | 7 | | that the veterinarian's client
or the owner of the animal | 8 | | places the care and treatment or the nature and
extent of | 9 | | injuries to the animal at issue in any civil or criminal | 10 | | proceeding.
When communicable disease laws, cruelty to animal | 11 | | laws, or laws providing for
public health and safety are | 12 | | involved, the privilege provided by this Section
is waived.
| 13 | | (b) Copies of patient records must be released to the | 14 | | client upon written request as provided for by rule. | 15 | | (c) Each person who provides veterinary medical services | 16 | | shall maintain appropriate patient records as defined by rule. | 17 | | The patient records are the property of the practice and the | 18 | | practice owner. Patient records shall, if applicable, include | 19 | | the following: | 20 | | (1) patient identification; | 21 | | (2) client identification; | 22 | | (3) dated reason for visit and pertinent history; | 23 | | (4) physical exam findings; | 24 | | (5) diagnostic, medical, surgical or therapeutic | 25 | | procedures performed; | 26 | | (6) all medical treatment must include identification |
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| 1 | | of each medication given in the practice, together with | 2 | | the date, dosage, and route of administration and | 3 | | frequency and duration of treatment; | 4 | | (7) all medicines dispensed or prescribed must be | 5 | | recorded, including directions for use and quantity; | 6 | | (8) any changes in medications or dosages, including | 7 | | telephonically or electronically initiated changes, must | 8 | | be recorded; | 9 | | (9) if a necropsy is performed, then the record must | 10 | | reflect the findings; | 11 | | (10) any written records and notes, radiographs, | 12 | | sonographic images, video recordings, photographs or other | 13 | | images, and laboratory reports; | 14 | | (11) other information received as the result of | 15 | | consultation; | 16 | | (12) identification of any designated agent of the | 17 | | client for the purpose of authorizing veterinary medical | 18 | | or animal health care decisions; and | 19 | | (13) any authorizations, releases, waivers, or other | 20 | | related documents. | 21 | | (d) Patient records must be maintained for a minimum of 5 | 22 | | years from the date of the last known contact with a an animal | 23 | | patient. | 24 | | (e) Information and records related to patient care shall | 25 | | remain confidential except as provided in subsections (a) and | 26 | | (b) of this Section. |
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| 1 | | (Source: P.A. 96-1322, eff. 7-27-10 .)
| 2 | | (225 ILCS 115/27) (from Ch. 111, par. 7027)
| 3 | | (Section scheduled to be repealed on January 1, 2024)
| 4 | | Sec. 27. Administrative Procedure Act. The Illinois | 5 | | Administrative Procedure
Act is hereby expressly adopted and | 6 | | incorporated into this Act as if all of the
provisions of that | 7 | | Act were included in this Act, except that the provision of
| 8 | | subsection (d) of Section 10-65 of the Illinois Administrative | 9 | | Procedure Act
that provides that at hearings the licensee or | 10 | | certificate holder has the right
to show compliance with all | 11 | | lawful requirements for retention,
continuation, or renewal of | 12 | | the license or certificate is specifically
excluded. For the | 13 | | purpose of this Act the notice required
under Section 10-25 of | 14 | | the Illinois Administrative Procedure Act
is considered | 15 | | sufficient when mailed to the last known address of record or | 16 | | sent electronically to the last known email address of record .
| 17 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 18 | | (225 ILCS 115/23 rep.)
| 19 | | Section 15. The Veterinary Medicine and Surgery Practice | 20 | | Act of 2004 is amended by repealing Section 23.
| 21 | | Section 99. Effective date. This Section and Section 5 | 22 | | take effect upon becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.34 | | | 4 | | 5 ILCS 80/4.39 | | | 5 | | 225 ILCS 115/3 | from Ch. 111, par. 7003 | | 6 | | 225 ILCS 115/3.5 new | | | 7 | | 225 ILCS 115/4 | from Ch. 111, par. 7004 | | 8 | | 225 ILCS 115/4.5 new | | | 9 | | 225 ILCS 115/8 | from Ch. 111, par. 7008 | | 10 | | 225 ILCS 115/10 | from Ch. 111, par. 7010 | | 11 | | 225 ILCS 115/10.5 | | | 12 | | 225 ILCS 115/11 | from Ch. 111, par. 7011 | | 13 | | 225 ILCS 115/12 | from Ch. 111, par. 7012 | | 14 | | 225 ILCS 115/14.1 | from Ch. 111, par. 7014.1 | | 15 | | 225 ILCS 115/25 | from Ch. 111, par. 7025 | | 16 | | 225 ILCS 115/25.2 | from Ch. 111, par. 7025.2 | | 17 | | 225 ILCS 115/25.6 | from Ch. 111, par. 7025.6 | | 18 | | 225 ILCS 115/25.7 | from Ch. 111, par. 7025.7 | | 19 | | 225 ILCS 115/25.9 | from Ch. 111, par. 7025.9 | | 20 | | 225 ILCS 115/25.15 | from Ch. 111, par. 7025.15 | | 21 | | 225 ILCS 115/25.17 | | | 22 | | 225 ILCS 115/27 | from Ch. 111, par. 7027 | | 23 | | 225 ILCS 115/23 rep. | |
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