Bill Text: IL HB1697 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Veterinary Medicine and Surgery Practice Act of 2004. Removes language allowing an owner of livestock and any of the owner's employees or the owner and employees of a service and care provider of livestock caring for and treating livestock belonging to the owner or under a provider's care to dock cattle, horses, sheep, goats, and swine. Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail of any living member of the bovine species. Provides that any person who violates this provision is guilty of a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary to protect the health of the animal. Defines "dock".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1697 Detail]

Download: Illinois-2011-HB1697-Amended.html

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Rep. Robert Rita

Filed: 2/22/2012

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AMENDMENT TO HOUSE BILL 1697
AMENDMENT NO. ______. Amend House Bill 1697, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 4 as follows:
(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(Section scheduled to be repealed on January 1, 2014)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
government while engaged in their official duties.
(2) Licensed veterinarians from other states who are
invited to Illinois for consultation by a veterinarian
licensed in Illinois.
(3) Veterinarians employed by colleges or universities

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while engaged in the performance of their official duties,
or faculty engaged in animal husbandry or animal management
programs of colleges or universities.
(3.5) A veterinarian or veterinary technician from
another state or country who (A) is not licensed under this
Act; (B) is currently licensed as a veterinarian or
veterinary technician in another state or country, or
otherwise exempt from licensure in the other state; (C) is
an invited guest of a professional veterinary association,
veterinary training program, or continuing education
provider approved by the Department; and (D) engages in
professional education through lectures, clinics, or
demonstrations.
(4) A veterinarian employed by an accredited college of
veterinary medicine providing assistance requested by a
veterinarian licensed in Illinois, acting with informed
consent from the client and acting under the direct or
indirect supervision and control of the licensed
veterinarian. Providing assistance involves hands-on
active participation in the treatment and care of the
patient. The licensed veterinarian shall maintain
responsibility for the veterinarian-client-patient
relationship.
(5) Veterinary students in an accredited college of
veterinary medicine, university, department of a
university, or other institution of veterinary medicine

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and surgery engaged in duties assigned by their instructors
or working under the immediate or direct supervision of a
licensed veterinarian.
(5.5) Students of an accredited program in veterinary
technology performing veterinary technology duties or
actions assigned by instructors or working under the
immediate or direct supervision of a licensed
veterinarian.
(6) Any person engaged in bona fide scientific research
which requires the use of animals.
(7) An owner of livestock and any of the owner's
employees or the owner and employees of a service and care
provider of livestock caring for and treating livestock
belonging to the owner or under a provider's care,
including but not limited to, the performance of husbandry
and livestock management practices such as dehorning,
castration, emasculation, or docking of cattle, horses,
sheep, goats, and swine, artificial insemination, and
drawing of semen. Nor shall this Act be construed to
prohibit any person from administering in a humane manner
medicinal or surgical treatment to any livestock in the
care of such person. However, any such services shall
comply with the Humane Care for Animals Act.
(A) Notwithstanding this subsection, any of the
services shall comply with the Humane Care for Animals
Act and the Horse Mutilation Act.

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(B) Notwithstanding this subsection, no person
shall dock the tail of any living member of the bovine
species except as in accordance with Section 3.03-5 of
the Humane Care for Animals Act.
(8) An owner of an animal, or an agent of the owner
acting with the owner's approval, in caring for, training,
or treating an animal belonging to the owner, so long as
that individual or agent does not represent himself or
herself as a veterinarian or use any title associated with
the practice of veterinary medicine or surgery or diagnose,
prescribe drugs, or perform surgery. The agent shall
provide the owner with a written statement summarizing the
nature of the services provided and obtain a signed
acknowledgment from the owner that they accept the services
provided. The services shall comply with the Humane Care
for Animals Act. The provisions of this item (8) do not
apply to a person who is exempt under item (7).
(9) A member in good standing of another licensed or
regulated profession within any state or a member of an
organization or group approved by the Department by rule
providing assistance that is requested in writing by a
veterinarian licensed in this State acting within a
veterinarian-client-patient relationship and with informed
consent from the client and the member is acting under the
immediate, direct, or indirect supervision and control of
the licensed veterinarian. Providing assistance involves

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hands-on active participation in the treatment and care of
the patient, as defined by rule. The licensed veterinarian
shall maintain responsibility for the
veterinarian-client-patient relationship, but shall be
immune from liability, except for willful and wanton
conduct, in any civil or criminal action if a member
providing assistance does not meet the requirements of this
item (9).
(10) A graduate of a non-accredited college of
veterinary medicine who is in the process of obtaining a
certificate of educational equivalence and is performing
duties or actions assigned by instructors in an approved
college of veterinary medicine.
(10.5) A veterinarian who is enrolled in a postgraduate
instructional program in an accredited college of
veterinary medicine performing duties or actions assigned
by instructors or working under the immediate or direct
supervision of a licensed veterinarian or a faculty member
of the College of Veterinary Medicine at the University of
Illinois.
(11) A certified euthanasia technician who is
authorized to perform euthanasia in the course and scope of
his or her employment only as permitted by the Humane
Euthanasia in Animal Shelters Act.
(12) A person who, without expectation of
compensation, provides emergency veterinary care in an

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emergency or disaster situation so long as he or she does
not represent himself or herself as a veterinarian or use a
title or degree pertaining to the practice of veterinary
medicine and surgery.
(13) Any certified veterinary technician or other
employee of a licensed veterinarian performing permitted
duties other than diagnosis, prognosis, prescription, or
surgery under the appropriate direction and supervision of
the veterinarian, who shall be responsible for the
performance of the employee.
(13.5) Any pharmacist licensed in the State, merchant,
or manufacturer selling at his or her regular place of
business medicines, feed, appliances, or other products
used in the prevention or treatment of animal diseases as
permitted by law and provided that the services he or she
provides do not include diagnosing, prognosing, writing
prescriptions, or surgery.
(14) An approved humane investigator regulated under
the Humane Care for Animals Act or employee of a shelter
licensed under the Animal Welfare Act, working under the
indirect supervision of a licensed veterinarian.
(15) An individual providing equine dentistry services
requested by a veterinarian licensed to practice in this
State, an owner, or an owner's agent. For the purposes of
this item (15), "equine dentistry services" means floating
teeth without the use of drugs or extraction.

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(15.5) In the event of an emergency or disaster, a
veterinarian or veterinary technician not licensed in this
State who (A) is responding to a request for assistance
from the Illinois Department of Agriculture, the Illinois
Department of Public Health, the Illinois Emergency
Management Agency, or other State agency as determined by
the Department; (B) is licensed and in good standing in
another state; and (C) has been granted a temporary waiver
from licensure by the Department.
(16) Private treaty sale of animals unless otherwise
provided by law.
(17) Persons or entities practicing the specified
occupations set forth in subsection (a) of, and pursuant to
a licensing exemption granted in subsection (b) or (d) of,
Section 2105-350 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois, but only for so long as the 2016 Olympic and
Paralympic Games Professional Licensure Exemption Law is
operable.
(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
Section 10. The Humane Care for Animals Act is amended by
adding Section 3.03-5 as follows:
(510 ILCS 70/3.03-5 new)
Sec. 3.03-5. Bovine tail docking.

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(a) As used in this Section:
"Cattle" means any living member of the bovine species.
"Dock" means to cut or remove any portion of the solid
part of an animal's tail.
"Therapeutic" means for the purpose of treating a sick
or injured animal where that treatment is deemed medically
necessary by a licensed veterinarian and is not merely
prophylactic.
(b) Notwithstanding any provision of the law to the
contrary, no person shall dock the tail of any cattle or
procure the same to be done.
(c) Notwithstanding subsection (b) of this Section, cattle
tail docking may be performed if:
(1) the procedure is performed for a therapeutic
purpose;
(2) the procedure is performed by a licensed
veterinarian using suitable instruments and under hygienic
conditions;
(3) the cattle has been adequately anesthetized to
minimize the animal's pain and suffering during the
operation; and
(4) the procedure is conducted in a way as to minimize
any long-term pain and suffering of the animal.
(d) Any person who violates this Section is guilty of a
Class C misdemeanor and shall pay a fine not to exceed $500 for
each animal whose tail was docked.

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Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".