|
|
Public Act 096-0780
|
| SB0038 Enrolled |
LRB096 03733 JDS 13762 b |
|
|
AN ACT concerning animals.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Humane Care for Animals Act is amended by |
changing Sections 3.02 and 8 and by adding Section 3.09 as |
follows:
|
(510 ILCS 70/3.02)
|
Sec. 3.02. Aggravated cruelty. |
(a) No person may intentionally
commit an act that causes a |
companion animal to suffer serious injury or
death. Aggravated |
cruelty does not include euthanasia of a companion animal
|
through recognized methods approved by the Department of |
Agriculture unless prohibited under subsection (b).
|
(b) No individual, except a licensed veterinarian as |
exempted under Section 3.09, may knowingly or intentionally |
euthanize or authorize the euthanasia of a companion animal by |
use of carbon monoxide. |
(c) A person convicted of violating Section 3.02 is guilty |
of a Class 4
felony. A second or subsequent violation is a |
Class 3 felony. In addition to
any other penalty provided by |
law, upon conviction for violating this Section,
the court may |
order the convicted person to undergo a psychological or
|
psychiatric evaluation and to undergo any treatment at the |
|
convicted person's
expense that the court determines to be |
appropriate after due consideration of
the evaluation. If the |
convicted person is a juvenile or a companion animal
hoarder, |
the court must order the convicted person to undergo a |
psychological
or psychiatric evaluation and to undergo |
treatment that the court determines to
be appropriate after due |
consideration of the evaluation.
|
(Source: P.A. 92-650, eff. 7-11-02.)
|
(510 ILCS 70/3.09 new)
|
Sec. 3.09. Carbon monoxide euthanasia by a licensed |
veterinarian. A licensed veterinarian may euthanize a |
companion animal in a commercially manufactured chamber by use |
of compressed carbon monoxide. The veterinarian must be |
physically present during the euthanasia process until death is |
confirmed. The veterinarian must take all of the following |
steps when using a gas chamber: |
(1) Render a written opinion for each companion animal |
including: |
(A) a description of the animal including species, |
color, age, sex, and microchip number if present; and |
(B) a signed and dated statement that the use of |
compressed carbon monoxide is the most humane method of |
euthanasia for this companion animal. |
(2) Use a commercially manufactured chamber pursuant |
to the guidelines set forth in the most recent report of |
|
the AVMA Panel on Euthanasia. The interior of the chamber |
must be well lit and equipped with view-ports, a regulator, |
and a flow meter. Monitoring equipment must be used at all |
times during the operation. Animals that are under 4 months |
of age, old, injured, or sick may not be euthanized by |
carbon monoxide. Animals shall remain in the chamber and be |
exposed for a minimum of 20 minutes. Staff members shall be |
fully notified of potential health risks. |
(3) Only one companion animal may be euthanized at a |
time.
|
(510 ILCS 70/8) (from Ch. 8, par. 708)
|
Sec. 8. Rulemaking.
|
The Department shall administer this Act and shall |
promulgate such rules
and regulations as are necessary to |
effectuate the purposes of this Act.
Such rules and regulations |
are subject to the approval of the Advisory
Board of Livestock |
Commissioners. No later than 6 months after the effective date |
of this amendatory Act of the 96th General Assembly, the |
Department shall adopt rules defining the "recognized methods |
for the humane euthanasia of companion animals" referred to in |
subsection (a) of Section 3.02 of this Act.
|
The Director may, in formulating rules and regulations |
pursuant to this
Act, seek the advice and recommendations of |
humane societies in this State.
|
(Source: P.A. 78-905.)
|
|
Section 10. The Humane Euthanasia in Animal Shelters Act is |
amended by changing Sections 5, 10, 35, 57, 65, 90, and 165 as |
follows:
|
(510 ILCS 72/5)
|
Sec. 5. Definitions.
|
The following terms have the meanings indicated, unless the |
context
requires otherwise:
|
"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
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.
|
"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. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
|
(510 ILCS 72/10)
|
Sec. 10. Certification requirement, exemptions.
|
(a) Except as otherwise provided in this Section, no person |
shall euthanize
animals in an animal shelter or animal control
|
facility
without possessing a certificate issued by the |
Department under this Act.
|
(b) Nothing in this Act shall be construed as preventing a |
licensed
veterinarian or an
instructor during an approved |
course from humanely euthanizing animals in
animal shelters or |
animal control facilities.
|
(c) Nothing in this Act prevents a veterinarian who is |
employed by the
Department of Agriculture, or any other person |
who is employed by the
Department of Agriculture and acting |
under the supervision of such a
veterinarian, from humanely |
euthanizing animals in the course of that
employment. |
(d) Instructors or licensed veterinarians teaching humane |
|
euthanasia technicians are exempt from the certification |
process as long as they are currently licensed by another state |
as a euthanasia technician or as a veterinarian.
|
(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.
|
For a period of 12 months after the adoption of final |
administrative rules
for this Act, the Department may issue |
a certification to an applicant who
holds 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 after January 1,
1997.
|
|
(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, solutions or
powder added to food or |
by mouth, intracardiac injection only on comatose
animals |
by hypodermic needle, or carbon monoxide in a commercially |
manufactured
chamber; 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
|
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. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
|
(510 ILCS 72/57)
|
Sec. 57. Procedures for euthanasia.
|
(a) Only euthanasia drugs and commercially compressed |
carbon monoxide,
subject
to
the limitations imposed under |
subsection (b) of this Section, shall be used for
the purpose
|
of humanely euthanizing injured, sick, homeless, or unwanted |
companion animals
in an animal shelter or an animal control |
facility licensed under the Illinois
Animal Welfare Act, except |
that a licensed veterinarian may euthanize companion animals in |
such a shelter or facility by the use of carbon monoxide if the |
veterinarian complies with the requirements set forth in |
Section 3.09 of the Humane Care for Animals Act. Euthanasia by |
a certified euthanasia technician shall be conducted only |
within the physical premises of an animal shelter licensed |
under the Animal Welfare Act or an animal control facility |
licensed under the Animal Welfare Act, except that a certified |
euthanasia technician employed by an animal control facility |
licensed under the Animal Welfare Act may euthanize animals in |
the field in emergency situations.
|
|
(b) (Blank). Commercially compressed carbon monoxide may |
be used as a permitted
method of
euthanasia provided that it is |
performed in a commercially manufactured chamber
pursuant to |
the guidelines set forth in the most recent report of the AVMA
|
Panel on
Euthanasia.
A chamber that is designed to euthanize |
more than one
animal at a
time must be equipped with |
independent sections or cages to separate
incompatible
|
animals. The interior of the chamber must be well lit and |
equipped with
view-ports, a
regulator, and a flow meter. |
Monitoring equipment must be used at all times
during the
|
operation. Animals that are under 4 months of age, old, |
injured, or sick
may not
be euthanized by carbon monoxide. |
Animals shall remain in the chamber and
be exposed for
a |
minimum of 20 minutes.
Staff members shall be fully notified of |
potential health risks.
|
(c) Animals cannot be transported beyond State lines for |
the sole purpose
of euthanasia unless the euthanasia methods |
comply with subsection (a) or (b)
of this
Section and the |
euthanasia is performed by a licensed veterinarian in a manner |
that is consistent with subsection (a) of this Section |
certified euthanasia technician.
|
(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
|
(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 $1,000 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 chemical |
substance or euthanasia drug;
|
(3) selling, stealing, or giving controlled chemical |
substances or euthanasia drugs away;
|
(4) abetting anyone in violating item (1) or (2) of |
this Section the activities listed in this subsection; or
|
(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 |
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 guily 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. 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 $5,000 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 licensed by another state |
as a euthanasia technician or as a veterinarian.
|
(Source: P.A. 92-449, eff. 1-1-02.)
|
(510 ILCS 72/165)
|
Sec. 165. Criminal penalties. An agency
or technician
who |
is found to have violated a
provision of
this Act is guilty of |
a Class A misdemeanor. 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. 92-449, eff. 1-1-02.)
|
Section 97. Severability. The provisions of this Act are |