There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 115/ Veterinary Medicine and Surgery Practice Act of 2004.
(225 ILCS 115/1) (from Ch. 111, par. 7001)
(Section scheduled to be repealed on January 1, 2014)
Sec. 1.
The practice of veterinary medicine in the State of Illinois
is declared to affect the public health, safety and welfare and to be subject
to State regulation and control in the public interest. It is further declared
to be a matter of public interest and concern that the veterinary profession
merit and receive the confidence of the public and that only qualified and
licensed persons be permitted to practice veterinary medicine.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/2) (from Ch. 111, par. 7002)
(Section scheduled to be repealed on January 1, 2014)
Sec. 2.
This Act may be cited as the Veterinary Medicine and Surgery
Practice Act of 2004.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/3) (from Ch. 111, par. 7003)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.
Definitions.
The
following terms have the meanings indicated, unless the context requires
otherwise:
"Accredited college of veterinary medicine" means a veterinary college,
school, or division of a university or college that offers the degree of Doctor
of Veterinary Medicine or its equivalent and that is accredited by the Council
on Education of the American Veterinary Medical Association.
"Animal" means any animal, vertebrate or invertebrate, other than a human.
"Board" means the Veterinary Licensing and Disciplinary Board.
"Certified veterinary technician" means a person who has graduated from a
veterinary technology program accredited by the Committee on Veterinary
Technician Education and Activities of the American Veterinary Medical
Association who has filed an application with the Department, paid the fee,
passed the examination as prescribed by rule, and works under a supervising
veterinarian.
"Client" means an entity, person, group, or corporation that has entered into
an agreement with a veterinarian for the purposes of obtaining veterinary
medical services.
"Complementary, alternative, and integrative therapies" means preventative,
diagnostic, and therapeutic practices that, at the time they are performed, may
differ from current scientific knowledge or for which the theoretical basis and
techniques may diverge from veterinary medicine routinely taught in approved
veterinary medical programs. This includes but is not limited to veterinary
acupuncture, acutherapy, acupressure, veterinary homeopathy, veterinary manual
or manipulative therapy (i.e. therapies based on techniques practiced in
osteopathy, chiropractic medicine, or physical medicine and therapy),
veterinary nutraceutical therapy, veterinary phytotherapy, or other therapies
as defined by rule.
"Consultation" means when a veterinarian receives advice in person,
telephonically, electronically, or by any other method of communication from a
veterinarian licensed in this or any other state or other person whose
expertise, in the opinion of the veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the patient remains
with the veterinarian receiving consultation.
"Department" means the Department of Professional Regulation.
"Direct supervision" means the supervising veterinarian is on the premises
where the animal is being treated.
"Director" means the Director of Professional Regulation.
"Impaired veterinarian" means a veterinarian who is unable to practice
veterinary medicine with reasonable skill and safety because of a physical or
mental disability as evidenced by a written determination or written consent
based on clinical evidence, including deterioration through the aging process,
loss of motor skills, or abuse of drugs or alcohol of sufficient degree to
diminish a person's ability to deliver competent patient care.
"Indirect supervision" means the supervising veterinarian need not be on the
premises, but has given either written or oral instructions for the treatment
of the animal and is available by telephone or other form of communication.
"Patient" means an animal that is examined or treated by a veterinarian.
"Person" means an individual, firm, partnership (general, limited, or limited
liability), association, joint venture, cooperative, corporation, limited
liability company, or any other group or combination acting in concert, whether
or not acting as a principal, partner, member, trustee, fiduciary, receiver, or
any other kind of legal or personal representative, or as the successor in
interest, assignee, agent, factor, servant, employee, director, officer, or any
other representative of such person.
"Practice of veterinary medicine" means the performance of one or more of the
following:
(1) Directly or indirectly consulting, diagnosing, | ||
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(2) Prescribing, dispensing, or administering a | ||
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(3) Performing upon an animal a surgical or dental | ||
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(4) Performing upon an animal any manual procedure | ||
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(5) Determining the health and fitness of an animal.
(6) Representing oneself, directly or indirectly, as | ||
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(7) Using any word, letters, or title under such | ||
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"Supervising veterinarian" means a veterinarian who assumes responsibility
for the professional care given to an animal by a person working under his or
her direction. The supervising veterinarian must have examined the animal at
such time as acceptable veterinary medical practices requires consistent with
the particular delegated animal health care task.
"Veterinarian‑client‑patient relationship" means:
(1) The veterinarian has assumed the responsibility | ||
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(2) There is sufficient knowledge of an animal by | ||
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(3) The practicing veterinarian is readily available | ||
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"Veterinary technology" means the performance of services within the field of
veterinary medicine by a person who, for compensation or personal profit, is
employed by a licensed veterinarian to perform duties that require an
understanding of veterinary medicine necessary to carry out the orders of
the veterinarian. Those services, however, shall not include diagnosing,
prognosing, writing prescriptions, or surgery.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/4) (from Ch. 111, par. 7004)
(Section scheduled to be repealed on January 1, 2014)
Sec. 4.
Exemptions.
Nothing in this Act shall apply to any of the
following:
(1) Veterinarians employed by the federal or State | ||
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(2) Licensed veterinarians from other states who are | ||
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(3) Veterinarians employed by colleges or | ||
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(4) A veterinarian employed by an accredited college | ||
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(5) Veterinary students in an accredited college, | ||
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(6) Any person engaged in bona fide scientific | ||
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(7) An owner of livestock and any of the owner's | ||
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(8) An owner of an animal, or an agent of the owner | ||
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(9) A member in good standing of another licensed or | ||
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(10) A graduate of a non‑accredited college of | ||
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(11) A certified euthanasia technician who is | ||
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(12) A person who, without expectation of | ||
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(13) An employee of a licensed veterinarian | ||
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(14) An approved humane investigator regulated under | ||
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(15) An individual providing equine dentistry | ||
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(16) Private treaty sale of animals unless otherwise | ||
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(Source: P.A. 92‑449, eff. 1‑1‑02; 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/5) (from Ch. 111, par. 7005)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5.
No person shall practice veterinary medicine and surgery in any of
its branches without a valid license to do so. Any person not licensed under
this Act who performs any of the functions described as the practice of
veterinary medicine or surgery as defined in this Act, who announces to the
public in any way an intention to practice veterinary medicine and surgery, who
uses the title Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,
or who opens an office, hospital, or clinic for such purposes is considered
to have violated this Act and may be subject to all the penalties provided for
such violations.
It shall be unlawful for any person who is not licensed in this State to
provide veterinary medical services from any state to a client or patient in
this State through telephonic, electronic, or other means, except where a
bonafide veterinarian‑client‑patient relationship exists.
Nothing in this Act shall be construed to prevent members of other
professions from performing functions for which they are duly licensed. Other
professionals may not, however, hold themselves out or refer to themselves by
any title or descriptions stating or implying that they are engaged in the
practice of veterinary medicine or that they are licensed to engage in the
practice of veterinary medicine.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/6) (from Ch. 111, par. 7006)
(Section scheduled to be repealed on January 1, 2014)
Sec. 6.
Administration of Act.
(a) The Department shall exercise the powers and duties prescribed by the
Civil Administrative Code of Illinois for the administration of licensing Acts
and shall exercise any other powers and duties necessary for effectuating the
purpose of this Act.
(b) The Director shall promulgate rules consistent with the provisions
of this Act for the administration and enforcement thereof, and for the payment
of fees connected therewith, and may prescribe forms that shall be issued in
connection therewith. The rules shall include standards and criteria for
licensure, certification, and professional conduct and discipline. The
Department shall consult with the Board in promulgating rules. Notice of
proposed rulemaking shall be transmitted to the Board and the Department shall
review the Board's response and any recommendations made therein. The
Department shall notify the Board in writing with an explanation of the
deviations in the Board's recommendations and responses.
(c) The Department shall solicit the advice and expert knowledge of the
Board on any matter relating to the administration and enforcement of this Act.
(d) The Department shall issue quarterly to the Board a report of the
status of all complaints related to the profession received by the Department.
(Source: P.A. 88‑424.)
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(225 ILCS 115/7) (from Ch. 111, par. 7007)
(Section scheduled to be repealed on January 1, 2014)
Sec. 7.
Veterinarian Licensing and Disciplinary Board.
The Director
shall appoint a Veterinarian Licensing and Disciplinary Board as
follows: 7 persons shall be appointed by and shall serve in an advisory
capacity to the Director, 6 members must be licensed, in good standing,
veterinarians in this State, and must be actively engaged in the practice
of veterinary medicine and surgery in this State, and one member must be
a member of the public who is not licensed under this Act, or a similar
Act of another jurisdiction and who has no connection with the veterinary
profession.
Members shall serve 4 year terms and until their successors are appointed
and qualified, except that of the initial appointments, one member shall
be appointed to serve for one year, 2 shall be appointed to serve for 2
years, 2 shall be appointed to serve for 3 years, and the remaining, one
of which shall be a public member, shall be appointed to serve
for 4 years and until their successors are appointed and qualified. No
member shall be reappointed to the Board for more than 2 terms. Appointments
to fill vacancies shall be made in the same manner as original appointments,
for the unexpired portion of the vacated term. Initial terms shall begin
upon the effective date of this Act.
The membership of the Board should reasonably reflect representation from
the geographic areas in this State. The Director shall consider the
recommendations made by the State Veterinary Medical Association in making
appointments.
The Director may terminate the appointment of any member for cause which
in the opinion of the Director reasonably justifies such termination.
The Board shall annually elect a Chairman who shall be a Veterinarian.
The Director shall consider the advice and recommendations of the Board
on questions involving standards of professional conduct, discipline and
qualifications of candidates and licensees under this Act.
Members of the Board shall be entitled to receive a per diem at a rate
set by the Director and shall be reimbursed for all authorized expenses
incurred in the exercise of their duties.
Members of the Board have no liability in any action based upon any
disciplinary proceeding or other activity performed in good faith as a member
of the Board.
(Source: P.A. 91‑827, eff. 6‑13‑00.)
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(225 ILCS 115/8) (from Ch. 111, par. 7008)
(Section scheduled to be repealed on January 1, 2014)
Sec. 8.
Qualifications.
A person is qualified to receive a license if he
or she: (1)
is of good moral character; (2) has graduated from an accredited college or
school of veterinary medicine;
and (3) has passed the examination
authorized
by the Department to determine fitness to hold a license.
Applicants for licensure from non‑accredited veterinary schools are
required
to
successfully complete a program of educational equivalency as established by
rule. At a minimum, this program shall include all of the following:
(1) A certified transcript indicating graduation | ||
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(2) Successful completion of a communication ability | ||
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(3) Successful completion of an examination or | ||
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(4) Any other reasonable assessment mechanism | ||
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Successful completion of the criteria set forth in this Section shall
establish education equivalence as one of the criteria for licensure set forth
in this Act. Applicants under this Section must also meet all other statutory
criteria for licensure prior to the issuance of any such license, including
graduation from veterinary school.
A graduate of a non‑approved veterinary school who was issued a work permit
by
the Department before the effective date of this amendatory Act of the 93rd
General Assembly may continue to work under the direct supervision of a
licensed veterinarian until the expiration of his or her permit.
In determining moral character under this Section, the Department may take
into consideration any felony conviction of the applicant, but such a
conviction shall not operate as a bar to obtaining a license. The Department
may also request the applicant to submit and may consider as evidence of
moral character, endorsements from 2 individuals licensed under this Act.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/8.1) (from Ch. 111, par. 7008.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 8.1.
Certified veterinary technician.
A
person who is a certified veterinary technician who performs
veterinary technology contrary to this Act is guilty of a Class A misdemeanor
and shall be subject to the revocation of his or her certificate. However,
these penalties and
restrictions shall not apply to a student while performing activities required
as a part of his or her training.
The Department and the Board are authorized to hold hearings, reprimand,
suspend, revoke, or refuse to issue or renew a certificate and to perform any
other acts that may be necessary to regulate certified veterinary
technicians in a manner consistent with the provisions of the Act applicable to
veterinarians.
The title "Certified veterinary technician" and the initials "CVT" may
only be used by persons certified by the Department. A person who uses these
titles without the certification as provided in this Section is guilty of a
Class A misdemeanor.
Certified veterinary technicians shall be required to complete continuing
education as prescribed by rule to renew their certification.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/9) (from Ch. 111, par. 7009)
Sec. 9.
(Repealed).
(Source: P.A. 83‑1016. Repealed by P.A. 93‑281, eff. 12‑31‑03)
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(225 ILCS 115/10) (from Ch. 111, par. 7010)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10.
Application for licensure.
A person who desires to obtain a
license as a veterinarian or a certificate as a veterinary technician
shall apply to the Department on forms provided by the Department. Each
application shall be accompanied by proof of qualifications and shall be
verified by the applicant under oath and be accompanied by the required fee.
(Source: P.A. 88‑424.)
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(225 ILCS 115/10.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10.5.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 115/11) (from Ch. 111, par. 7011)
(Section scheduled to be repealed on January 1, 2014)
Sec. 11.
Temporary permits.
A person holding the degree of Doctor of
Veterinary Medicine, or its equivalent, from an accredited college of
veterinary medicine,
and who has applied in writing to the Department for a license to practice
veterinary medicine and surgery in any of its branches, and who has fulfilled
the requirements of Section 8 of this Act, with the exception of receipt of
notification of his or her examination results, may receive, at the discretion
of the Department, a temporary permit to practice under the direct
supervision of a veterinarian who is licensed in this State,
until: (1) the applicant has been notified of the results of the examination
authorized by the Department; or (2) the applicant has withdrawn his or her
application.
A temporary permit may be issued by the Department to a person who is a
veterinarian licensed under the laws of another state, a territory of the
United States, or a foreign country, upon application in writing to the
Department for a license under this Act if he or she is qualified
to receive a
license and until: (1) the expiration of 6 months after the filing of the
written application, (2) the withdrawal of the application or (3) the denial of
the application by the Department.
A temporary permit issued under this Section shall not be extended
or renewed. The holder of a temporary permit shall perform only those acts
that may be prescribed by and incidental to his or her employment and that act
shall be performed under the direction of a supervising veterinarian who is licensed in this State. The holder of the
temporary permit shall not be entitled to otherwise engage in the
practice of
veterinary medicine until fully licensed in this State.
Upon the revocation of a temporary permit, the Department shall
immediately notify, by certified mail, the supervising
veterinarian employing the holder
of a temporary permit and the holder of the permit. A temporary permit
shall be revoked by the Department upon proof that the holder of the permit has
engaged in the practice of veterinary medicine in this State outside his or
her employment under a licensed veterinarian.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/12) (from Ch. 111, par. 7012)
(Section scheduled to be repealed on January 1, 2014)
Sec. 12.
Inactive status.
Any veterinarian or certified veterinary
technician
who notifies the Department in writing on the prescribed form may place his or
her license or certification on an inactive status and shall, subject to rule,
be exempt from payment of the renewal fee and compliance with the continuing
education requirements until he or she notifies the Department in writing of
his or her intention to resume active status.
Any veterinarian or certified veterinary technician requesting
restoration from
inactive status shall be required to complete the continuing education
requirements for a single license or certificate renewal period, pursuant to
rule, and pay the current renewal fee to restore his or her license or
certification as provided in this Act.
Any veterinarian whose license is in inactive status shall not practice
veterinary medicine and surgery in this State.
A graduate of a non‑approved veterinary school who was issued a work permit
by
the Department before the effective date of this amendatory Act of the 93rd
General Assembly may continue to work under the direct supervision of a
licensed veterinarian until the expiration of his or her permit.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/13) (from Ch. 111, par. 7013)
(Section scheduled to be repealed on January 1, 2014)
Sec. 13.
Licensure without examination.
The Department may register as a
licensed veterinarian or certified veterinary technician, without examination,
but upon payment of the required fee, an applicant who has a license or
certificate in good standing to practice in another jurisdiction. However, the
requirements for licensure of veterinarians in the jurisdiction in which the
applicant was licensed must have been, at the date of licensure, substantially
equivalent to the requirements in force in this State on that date.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 88‑424.)
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(225 ILCS 115/14) (from Ch. 111, par. 7014)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14.
Fees.
The Department shall provide by rule for a schedule of fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees collected under this Act shall be deposited into the General
Professions Dedicated Fund and shall be appropriated to the Department for the
ordinary and contingent expenses of the Department in the administration of
this Act.
(Source: P.A. 91‑454, eff. 1‑1‑00.)
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(225 ILCS 115/14.1) (from Ch. 111, par. 7014.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14.1.
Returned checks; fines.
Any person who delivers a check or other
payment to the Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the Department, in
addition to the amount already owed to the Department, a fine of $50. The
fines imposed by this Section
are
in addition to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license or certificate. The Department
shall notify the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 115/14.2)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14.2.
Deposit of fees and fines.
All the fees and
fines collected under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 88‑91; 88‑683, eff. 1‑24‑95.)
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(225 ILCS 115/15) (from Ch. 111, par. 7015)
(Section scheduled to be repealed on January 1, 2014)
Sec. 15.
Expiration and renewal of license.
The expiration date and renewal
period for each license or certificate shall be set by rule. A veterinarian or
certified veterinary technician whose license or certificate has expired
may reinstate
his or her license or certificate at any time within 5 years after the
expiration thereof, by making a renewal application and by paying the required
fee and submitting proof of the required continuing education. However,
any veterinarian or certified veterinary technician whose license or
certificate expired while he or she was (1) on active duty with the Armed
Forces of the United States or called into service or training by the State
militia or (2) in training or education under the supervision of the United
States preliminary to induction into the military service, may have his license
or certificate renewed, reinstated, or restored without paying any lapsed
renewal fees if within 2 years after termination of the service, training, or
education the veterinarian furnishes the Department with satisfactory evidence
of service, training, or education and it has been terminated under honorable
conditions.
Any veterinarian or certified veterinary technician whose license or
certificate has
expired for more than 5 years may have it restored by making application to the
Department and filing acceptable proof of fitness to have the license or
certificate restored. The proof may include sworn evidence certifying active
practice in another jurisdiction. The veterinarian or certified veterinary
technician
shall also pay the required restoration fee and submit proof of the required
continuing education. If the veterinarian or certified veterinary
technician has not practiced for 5 years or more, the Board shall determine
by an evaluation
program established by rule, whether the individual is fit to resume active
status and may require the veterinarian to complete a period of evaluated
clinical experience and may require successful completion of a clinical
examination.
(Source: P.A. 92‑84, eff. 7‑1‑02; 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/16) (from Ch. 111, par. 7016)
(Section scheduled to be repealed on January 1, 2014)
Sec. 16.
Continuing education.
Proof of having met the minimum requirements
of continuing education as determined by the Board shall be required of all
license and certificate renewals and restorations. Pursuant to rule, the
continuing education
requirements may upon petition be waived in whole or in part if the
veterinarian or veterinary technician can demonstrate that he or she had served
in the Coast Guard or Armed Forces, had an extreme hardship or obtained such
license or certification by examination or endorsement within the preceding
renewal period.
The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education certificates
with the Department; or by other means established by the Department.
(Source: P.A. 92‑84, eff. 7‑1‑02.)
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(225 ILCS 115/17) (from Ch. 111, par. 7017)
(Section scheduled to be repealed on January 1, 2014)
Sec. 17.
Any person licensed under this Act who dispenses any drug
or medicine shall dispense such drug or medicine in good faith and shall
affix to the container containing the same a label indicating: (a) the date
on which such drug or medicine is dispensed, (b) the name of the owner,
(c) the last name of the person dispensing such drug or medicine, (d)
directions for use thereof, including dosage and quantity, and (e) the
proprietary or generic name of the drug or medicine, except as otherwise
authorized by rules of the Department. This Section shall not apply to
drugs and medicines that are in a container which bears a label of the
manufacturer with information describing its contents that are in
compliance with requirements of the Federal Food, Drug, and Cosmetic Act or
the Illinois Food, Drug and Cosmetic Act, approved June 29, 1967, as
amended, and which are dispensed without consideration by a practitioner
licensed under this Act. "Drug" and "medicine" have the meanings ascribed
to them in the Pharmacy Practice Act of 1987, as amended, and "good faith"
has the meaning ascribed to it in subsection (v) of Section 102 of the
"Illinois Controlled Substances Act", approved August 16, 1971, as amended.
(Source: P.A. 85‑1209.)
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(225 ILCS 115/18) (from Ch. 111, par. 7018)
(Section scheduled to be repealed on January 1, 2014)
Sec. 18.
Unless otherwise contractually provided between veterinarian
and client, a veterinarian
may dispose of any animal abandoned in his establishment, provided he shall
give notice of his intention to do so to the owner at the last‑known address
by certified mail, return receipt requested, and shall allow a period of
7 days to elapse after the receipt is returned before disposing of such
animal. But if the owner cannot be located at such address, the veterinarian
shall give such notice by publication in a newspaper published and having
a circulation in the area in which such owner was last known to reside and
shall allow a period of 7 days to elapse after such publication before
disposing of such animal.
A veterinarian who, on his own initiative or other than at the request
of the owner, gives emergency treatment to a sick or injured animal shall
not be liable for damages in the absence of gross negligence. If the veterinarian
performs a euthanasic act on an animal, there is the presumption that such
was a humane act necessary to relieve the animal of suffering.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/19) (from Ch. 111, par. 7019)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.
Any person filing or attempting to file as his own, the diploma
of another, or a forged, fictitious or fraudulently obtained diploma or
certificate, shall upon conviction be subject to such fine and imprisonment
as are set forth in the "Criminal Code of 1961", approved July 28, 1961,
as amended, for the crime of forgery.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/20) (from Ch. 111, par. 7020)
(Section scheduled to be repealed on January 1, 2014)
Sec. 20.
Every person licensed under this Act shall notify the Department
of the location of such person's principal office, and shall notify the
Department within 10 days of any relocation of such person's principal office.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/21) (from Ch. 111, par. 7021)
(Section scheduled to be repealed on January 1, 2014)
Sec. 21.
Emergency care to humans; civil liability.
Exemption from civil
liability for emergency care to humans is as provided in the Good Samaritan
Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
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(225 ILCS 115/22) (from Ch. 111, par. 7022)
(Section scheduled to be repealed on January 1, 2014)
Sec. 22.
Nothing in this Act shall restrict registrants from forming
professional service corporations under the provisions of "The Professional
Service Corporation Act", approved September 15, 1969, as amended.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/23) (from Ch. 111, par. 7023)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.
The Department shall maintain a roster of the names and addresses
of all licensees and of all persons whose licenses have been suspended or
revoked, or placed on non‑renewed status, within the previous year. This
roster shall be available upon written request and payment of the required fee.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/24) (from Ch. 111, par. 7024)
(Section scheduled to be repealed on January 1, 2014)
Sec. 24.
Any person licensed under this Act may advertise the availability
of professional services in the public media or on the premises where such
professional services are rendered as permitted by law; provided that such
advertising is truthful and not misleading and is in conformity with rules
promulgated by the Department.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/24.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 24.1.
Impaired veterinarians.
The Department shall establish by
rule a program of care, counseling, or treatment for impaired veterinarians.
"Program of care, counseling, or treatment" means a written schedule of
organized treatment, care, counseling, activities, or education satisfactory
to the Board, designed for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice veterinary medicine with
reasonable skill and safety of a sufficient degree to deliver competent
patient care.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/25) (from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.
Disciplinary actions.
1. The Department may refuse to issue or renew, or may revoke,
suspend, place on probation, reprimand, or take other disciplinary
action as the Department may deem appropriate, including fines not to
exceed $1,000 for each violation, with regard to any
license or certificate for any one or combination of the following:
A. Material misstatement in furnishing information | ||
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B. Violations of this Act, or of the rules | ||
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C. Conviction of any crime under the laws of the | ||
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D. Making any misrepresentation for the purpose of | ||
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E. Professional incompetence.
F. Gross malpractice.
G. Aiding or assisting another person in violating | ||
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H. Failing, within 60 days, to provide information | ||
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I. Engaging in dishonorable, unethical, or | ||
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J. Habitual or excessive use or addiction to | ||
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K. Discipline by another state, District of | ||
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L. Directly or indirectly giving to or receiving | ||
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M. A finding by the Board that the licensee or | ||
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N. Willfully making or filing false records or | ||
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O. Physical illness, including but not limited to, | ||
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P. Solicitation of professional services other than | ||
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Q. Having professional connection with or lending | ||
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R. Conviction of or cash compromise of a charge or | ||
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S. Fraud or dishonesty in applying, treating, or | ||
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T. Failing to report, as required by law, or making | ||
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U. Fraudulent use or misuse of any health | ||
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V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment | ||
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X. Failure to provide satisfactory proof of having | ||
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Y. Failure to (i) file a return, (ii) pay the tax, | ||
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Z. Conviction by any court of competent | ||
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AA. Promotion of the sale of drugs, devices, | ||
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BB. Gross, willful, or continued overcharging for | ||
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CC. Practicing under a false or, except as provided | ||
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DD. Fraud or misrepresentation in applying for, or | ||
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EE. Cheating on or attempting to subvert the | ||
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FF. Using, prescribing, or selling a prescription | ||
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GG. Failing to report a case of suspected aggravated | ||
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2. The determination by a circuit court that a licensee or certificate
holder is subject to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or judicial admission and
issues an order so finding and discharging the patient; and upon the
recommendation of the Board to the Director that the licensee or certificate
holder be allowed to resume his practice.
3. All proceedings to suspend, revoke, place on probationary status, or
take any other disciplinary action as the Department may deem proper, with
regard to a license or certificate on any of the foregoing grounds, must be
commenced within 3 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order for any of the
acts described in this Section. Except for proceedings brought for violations
of items (CC), (DD), or (EE), no action shall be commenced more than 5 years
after the date of the incident or act alleged to have violated this Section.
In the event of the settlement of any claim or cause of action in favor of the
claimant or the reduction to final judgment of any civil action in favor of the
plaintiff, the claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act was negligent in
providing care, the Department shall have an additional period of one year from
the date of the settlement or final judgment in which to investigate and begin
formal disciplinary proceedings under Section 25.2 of this Act, except as
otherwise provided by law. The time during which the holder of the license or
certificate was outside the State of Illinois shall not be included within any
period of time limiting the commencement of disciplinary action by the
Department.
4. The Department may refuse to issue or take disciplinary action
concerning
the license of any person who fails to file a return, to pay the tax, penalty,
or interest
shown in a filed return, or to pay any final assessment of tax, penalty, or
interest as
required by any tax Act administered by the Department of Revenue, until such
time as
the requirements of any such tax Act are satisfied as determined by the
Department of
Revenue.
5. In enforcing this Section, the Board, upon a showing of a possible
violation, may compel a licensee or applicant to submit to a mental or physical
examination, or both, as required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those specifically
designated by the Board. The Board or the Department may order (i) the
examining physician to present testimony concerning the mental or physical
examination of a licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental examination of a
licensee or applicant. No information shall be excluded by reason of any common
law or statutory privilege relating to communications between a licensee or
applicant and the examining physician or clinical psychologist. An individual
to be examined may have, at his or her own expense, another physician or
clinical psychologist of his or her choice present during all aspects of the
examination. Failure of an individual to submit to a mental or physical
examination, when directed, is grounds for suspension of his or her license.
The license must remain suspended until the person submits to the examination
or the Board finds, after notice and hearing, that the refusal to submit to the
examination was with reasonable cause.
If the Board finds an individual unable to practice because of the reasons
set forth in this Section, the Board must require the individual to submit to
care, counseling, or treatment by a physician or clinical psychologist approved
by the Board, as a condition, term, or restriction for continued, reinstated,
or renewed licensure to practice. In lieu of care, counseling, or treatment,
the Board may recommend that the Department file a complaint to immediately
suspend or revoke the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued, reinstated, or renewed
subject to conditions, terms, or restrictions, as provided for in this Section,
or any individual who was disciplined or placed on supervision pursuant to this
Section must be referred to the Director for a determination as to whether the
person shall have his or her license suspended immediately, pending a hearing
by the Board.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.1.
(a) If any person violates a provision of this Act, the Director
may, in the name of the People of the State of Illinois, through the Attorney
General of the State of Illinois, petition, for an order enjoining such
violation or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently
enjoin such violation, and if it is established that such person has violated
or is violating the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition to, and not in
lieu of, all other remedies and penalties provided by this Act.
(b) If any person shall practice as a veterinarian or hold himself out
as a veterinarian without being licensed under the provision of this Act
then any licensed veterinarian, any interested party or any person injured
thereby may, in addition to the Director, petition for relief as provided
in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against him. The rule shall clearly
set forth the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to the satisfaction
of the Department. Failure to answer to the satisfaction of the Department
shall cause an order to cease and desist to be issued forthwith.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.2.
Investigation; notice.
The Department may investigate the
actions of any applicant or of any person or persons holding or claiming to
hold a license or certificate. The Department shall, before refusing to issue,
to renew or discipline a license or certificate under Section 25, at least 30
days prior to the date set for the hearing, notify in writing the applicant
for, or holder of, a license or certificate of the nature of the charges and
that a hearing will be held on the date designated. The Department shall direct
the applicant, certificate holder, or licensee to file a written answer to the
Board under oath within 20 days after the service of the notice and inform the
applicant, certificate holder, or licensee that failure to file an answer will
result in default being taken against the applicant, certificate holder, or
licensee and that the license or certificate may be suspended, revoked, placed
on probationary status, or other disciplinary action may be taken, including
limiting the scope, nature or extent of practice, as the Director may deem
proper. Written notice may be served by personal delivery or certified or
registered mail to the respondent at the address of his last notification to
the Department. In case the person fails to file an answer after receiving
notice, his or her license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed proper, including
limiting the scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act. At the time and place fixed
in the notice, the Board shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present any statements,
testimony, evidence, and argument pertinent to the charges or to their defense.
The Board may continue a hearing from time to time.
(Source: P.A. 87‑1031; 88‑424.)
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(225 ILCS 115/25.3) (from Ch. 111, par. 7025.3)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.3.
Records of proceedings.
The Department, at its expense, shall
preserve a record of all proceedings at the formal hearing of any case
involving the refusal to issue, renew or discipline of a license or
certificate. The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders of the Department
shall be the record of such proceeding.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.4.
The Department shall have the power to subpoena and bring
before it any person in this State and to take testimony either orally or
by deposition, or both, with the same fees and mileage and in the same manner
as prescribed by law in judicial procedure in civil cases in courts of this
State.
The Director, the designated hearing officer, and every member of the Board
shall have power to administer oaths to witnesses at any hearing which the
Department is authorized by law to conduct, and any other oaths required
or authorized in any Act administered by the Department.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/25.5) (from Ch. 111, par. 7025.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.5.
Any circuit court may, upon application of the Department or
designee or of the applicant or licensee against whom proceedings upon Section
25 of this Act are pending, enter an order requiring the attendance of
witnesses
and their testimony, and the production of documents, papers, files, books
and records in connection with any hearing or investigation. The court
may compel obedience to its order by proceedings for contempt.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.6.
Written report.
At the conclusion of the hearing the Board
shall present to the Director a written report of its findings of fact,
conclusions of law and recommendations. The report shall contain a finding
whether or not the accused person violated this Act or failed to comply with
the conditions required in this Act. The Board shall specify the nature of the
violation or failure to comply, and shall make its recommendations to the
Director.
The report of findings of fact, conclusions of law and recommendation of
the Board shall be the basis for the Department's order or refusal or for
the granting of a license, certificate, or permit. If the Director disagrees
in any regard with the report of the Board, the Director may issue an order in
contravention thereof. The Director shall provide a written report to the
Board on any deviation, and shall specify with particularity the reasons for
the action in the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the violation of this
Act, but the hearing and finding are not a bar to a criminal prosecution
brought for the violation of this Act.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.7.
Procedure upon refusal to license or issue certificate.
In
any case under Section 25 involving the refusal to issue, renew, or
discipline a license or certificate, a copy of the Board's report shall be
served upon the respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20 days after
service, the respondent may present to the Department a motion in writing for a
rehearing. The motion shall specify the particular grounds for the rehearing.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing a motion, or if a motion for rehearing is denied, then
upon the denial, the Director may enter an order in accordance with
recommendations of the Board except as provided in Section 25.6 of this Act.
If the respondent orders from the reporting service, and pays for a transcript
of the record within the time for filing a motion for rehearing, the 20 day
period within which such a motion may be filed shall commence upon the delivery
of the transcript to the respondent.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.8) (from Ch. 111, par. 7025.8)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.8.
Rehearing ordered by Director.
Whenever the Director is satisfied
that substantial justice has not been done in the revocation, suspension, or
refusal to issue or renew a license or certificate, the Director may order a
rehearing by the Board or a designated hearing officer.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.9.
Hearing officers; reports; review.
Notwithstanding the
provisions of Section 25.2 of this Act, the Director shall have the authority
to appoint any attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal to issue, renew, or
discipline of a license, certificate, or permit. The Director shall notify the
Board of any appointment. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or her findings of
fact, conclusions of law, and recommendations to the Board and the Director.
The Board shall have 60 days from receipt of the report to review the report of
the hearing officer and present its findings of fact, conclusions of law, and
recommendations to the Director. If the Board fails to present its report
within the 60 day period, the Director may issue an order based on the report
of the hearing officer. If the Director disagrees in any regard with the
report of the Board or hearing officer, the Director may issue an order in
contravention of the report. The Director shall provide a written explanation
to the Board on any deviation, and shall specify with particularity the reasons
for the action in the final order. At least 2 licensed veterinarian members of
the Board should be present at all formal hearings on the merits of complaints
brought under the provisions of this Act.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.10.
Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Board and the members thereof are qualified | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 115/25.11) (from Ch. 111, par. 7025.11)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.11.
Restoration of license or certificate.
At any time after the
suspension or revocation of any license or certificate, the Department may
restore it to the accused person, upon the written recommendation of the Board
unless after an investigation and a hearing, the Department determines that
restoration is not in the public interest.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.12) (from Ch. 111, par. 7025.12)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.12.
Surrender of license or certificate.
Upon the revocation or
suspension of any license or certificate, the licensee or certificate holder
shall immediately surrender the license, certificate, or licenses to the
Department and if the licensee or certificate holder fails to do so, the
Department shall have the right to seize the license or certificate.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.13.
The Director may temporarily suspend the license of a
veterinarian
without a hearing, simultaneously with the institution of proceedings for
a hearing provided for in Section 25.2 of this Act, if the Director finds
that evidence in his possession indicates that a veterinarian's continuation
in practice would constitute an imminent danger to the public. In the event
that the Director suspends, temporarily, the license of a veterinarian without
a hearing, a hearing by the Board must be held within 30 days after such
suspension has occurred.
(Source: P.A. 83‑1016.)
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(225 ILCS 115/25.14) (from Ch. 111, par. 7025.14)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.14.
All final administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative Review
Law, as now or hereafter amended, and all rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3‑101 of the
Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; but if the
party is not a resident of this State, venue shall be Sangamon County.
(Source: P.A. 83‑101.)
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(225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.15.
Certification of record.
The Department shall not be
required to certify any record
to the Court or file any answer in court or otherwise appear in any court
in a judicial review proceeding, unless there is filed in the court, with
the complaint, a receipt from the Department acknowledging payment of the
costs of furnishing and certifying the record. Failure on the part of
the plaintiff to file a receipt in Court shall be grounds for
dismissal
of the action.
(Source: P.A. 87‑1031.)
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(225 ILCS 115/25.17)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.17.
Disclosure of information.
No veterinarian shall be required to
disclose any information concerning the veterinarian's care of an animal except
on written authorization or other waiver by the veterinarian's client or on
appropriate court order or subpoena. Any veterinarian releasing information
under written authorization, or other waiver by the client, or court order of
subpoena is not liable to the client or any other person. The privilege
provided by this Section is waived to the extent that the veterinarian's client
or the owner of the animal places the care and treatment or the nature and
extent of injuries to the animal at issue in any civil or criminal proceeding.
When communicable disease laws, cruelty to animal laws, or laws providing for
public health and safety are involved, the privilege provided by this Section
is waived.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.18)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.18.
Penalties.
(a) In addition to any other penalty provided by law, any person who
violates Section 5 of this Act or any other provision of this Act shall forfeit
and pay a civil penalty to the Department in an amount not to exceed $5,000 for
each offense as determined by the Department. The civil penalty shall be
assessed by the Department in accordance with the provisions set forth in
Section 25.3 through Section 25.10 and Section 25.14.
(b) The Department has the authority and power to investigate any and
all unlicensed activity.
(c) The civil penalty shall 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 execution had thereon in the same manner as any judgment
from any court of record.
(d) All monies collected under this Section shall be deposited into the
Professional Regulation Evidence Fund.
(Source: P.A. 88‑424.)
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(225 ILCS 115/25.19)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.19.
Mandatory reporting.
Nothing in this Act exempts a
licensee from the mandatory reporting requirements regarding suspected acts of
aggravated cruelty, torture, and animal fighting imposed under Sections 3.07
and 4.01 of the Humane Care for Animals Act and Section 26‑5 of the Criminal
Code of 1961.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
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(225 ILCS 115/26) (from Ch. 111, par. 7026)
(Section scheduled to be repealed on January 1, 2014)
Sec. 26.
It is declared to be the public policy of this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution
of 1970, that any power or function set forth in this Act to be exercised
by the State is an exclusive State power or function. Such power or function
shall not be exercised concurrently, either directly or indirectly, by any
unit of local government, including home rule units, except as otherwise
provided in this Act.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(225 ILCS 115/27) (from Ch. 111, par. 7027)
(Section scheduled to be repealed on January 1, 2014)
Sec. 27.
Administrative Procedure Act.
The Illinois Administrative Procedure
Act is hereby expressly adopted and incorporated into this Act as if all of the
provisions of that Act were included in this Act, except that the provision of
subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee or certificate holder has the right
to show compliance with all lawful requirements for retention,
continuation, or renewal of the license or certificate is specifically
excluded. For the purpose of this Act the notice required
under Section 10‑25 of the Illinois Administrative Procedure Act
is considered sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45; 88‑424; 88‑670, eff. 12‑2‑94.)
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(225 ILCS 115/28) (from Ch. 111, par. 7028)
(Section scheduled to be repealed on January 1, 2014)
Sec. 28.
Previous laws.
Rights and obligations incurred and any actions commenced under
the Veterinary Medicine and Surgery Practice Act, as that Act
existed prior to the effective date of this Act,
shall not be impaired by the enactment of this Act.
Rights and obligations incurred and any actions commenced under this Act as
it existed prior to the effective date of Public Act 88‑424 shall not be
impaired by the enactment of that amendatory Act.
Rules adopted under the former Act, unless clearly inconsistent
with the provisions of this Act, shall remain in effect until amended or
rescinded.
All licenses legally issued in this State permitting the holder thereof to
practice veterinary medicine and surgery and valid and in effect
on the taking effect of this Act shall have the same force, and be subject
to the same authority of the Department to revoke or suspend them, as
licenses issued under this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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