Bill Text: IL HB2517 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Defines "address of record" and "veterinarian". Makes changes to provisions concerning exemptions, restrictions on practice, administration of the Act, the Veterinarian Licensing and Disciplinary Board, renewal of licenses, licensure without examination, fees, continuing education, advertisements, disciplinary actions, injunctions, investigations, hearings, records, and violations of the Act. Provides that veterinarians have authority to dispense drugs in emergency situations as specified in the Act and that all information collected by the Department of Financial and Professional Regulation in the course of an examination or investigation of a licensee or applicant shall be maintained for the confidential use of the Department. Effective December 31, 2013.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0339 [HB2517 Detail]
Download: Illinois-2013-HB2517-Enrolled.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Defines "address of record" and "veterinarian". Makes changes to provisions concerning exemptions, restrictions on practice, administration of the Act, the Veterinarian Licensing and Disciplinary Board, renewal of licenses, licensure without examination, fees, continuing education, advertisements, disciplinary actions, injunctions, investigations, hearings, records, and violations of the Act. Provides that veterinarians have authority to dispense drugs in emergency situations as specified in the Act and that all information collected by the Department of Financial and Professional Regulation in the course of an examination or investigation of a licensee or applicant shall be maintained for the confidential use of the Department. Effective December 31, 2013.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0339 [HB2517 Detail]
Download: Illinois-2013-HB2517-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.24 and by adding Section 4.34 as follows:
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6 | (5 ILCS 80/4.24)
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7 | Sec. 4.24. Acts and Section repealed on January 1, 2014. | ||||||
8 | The following
Acts and Section of an Act are repealed
on | ||||||
9 | January 1, 2014:
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10 | The Electrologist Licensing Act.
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11 | The Illinois Certified Shorthand Reporters Act of 1984.
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12 | The Illinois Occupational Therapy Practice Act.
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13 | The Illinois Public Accounting Act.
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14 | The Private Detective, Private Alarm, Private Security, | ||||||
15 | Fingerprint Vendor, and Locksmith Act
of 2004.
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16 | The Registered Surgical Assistant and Registered Surgical | ||||||
17 | Technologist
Title Protection Act.
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18 | Section 2.5 of the Illinois Plumbing License Law. | ||||||
19 | The Veterinary Medicine and Surgery Practice Act of 2004.
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20 | (Source: P.A. 97-1139, eff. 12-28-12.)
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21 | (5 ILCS 80/4.34 new) | ||||||
22 | Sec. 4.34. Act repealed on January 1, 2024. The following |
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1 | Act is repealed on January 1, 2024: | ||||||
2 | The Veterinary Medicine and Surgery Practice Act of 2004.
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3 | Section 10. The Veterinary Medicine and Surgery Practice | ||||||
4 | Act of 2004 is amended by changing the title of the Act and | ||||||
5 | Sections 3, 4, 5, 6, 7, 12, 13, 14, 16, 24, 25, 25.1, 25.2, | ||||||
6 | 25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 25.11, 25.13, | ||||||
7 | 25.14, 25.15, 25.16, 25.18, 26, and 27 and by adding Sections | ||||||
8 | 19.1 and 25.2a as follows:
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9 | (225 ILCS 115/3) (from Ch. 111, par. 7003)
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10 | (Section scheduled to be repealed on January 1, 2014)
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11 | Sec. 3. Definitions. The
following terms have the meanings | ||||||
12 | indicated, unless the context requires
otherwise:
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13 | "Accredited college of veterinary medicine" means a | ||||||
14 | veterinary college,
school, or division of a university or | ||||||
15 | college that offers the degree of Doctor
of Veterinary Medicine | ||||||
16 | or its equivalent and that is accredited by the Council
on | ||||||
17 | Education of the American Veterinary Medical Association | ||||||
18 | (AVMA).
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19 | "Address of record" means the designated address recorded | ||||||
20 | by the Department in the applicant's or licensee's application | ||||||
21 | file or license file as maintained by the Department's | ||||||
22 | licensure maintenance unit. It is the duty of the applicant or | ||||||
23 | licensee to inform the Department of any change of address, and | ||||||
24 | those changes must be made either through the Department's |
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1 | website or by contacting the Department. | ||||||
2 | "Accredited program in veterinary technology" means any | ||||||
3 | post-secondary educational program that is accredited by the | ||||||
4 | AVMA's Committee on Veterinary Technician Education and | ||||||
5 | Activities or any veterinary technician program that is | ||||||
6 | recognized as its equivalent by the AVMA's Committee on | ||||||
7 | Veterinary Technician Education and Activities. | ||||||
8 | "Animal" means any animal, vertebrate or invertebrate, | ||||||
9 | other than a human.
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10 | "Board" means the Veterinary Licensing and Disciplinary | ||||||
11 | Board.
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12 | "Certified veterinary technician" means a person who is | ||||||
13 | validly and currently licensed to practice veterinary | ||||||
14 | technology in this State.
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15 | "Client" means an entity, person, group, or corporation | ||||||
16 | that has entered into
an agreement with a veterinarian for the | ||||||
17 | purposes of obtaining veterinary
medical services.
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18 | "Complementary, alternative, and integrative therapies" | ||||||
19 | means a heterogeneous group of diagnostic and therapeutic | ||||||
20 | philosophies and practices, which at the time they are | ||||||
21 | performed may differ from current scientific knowledge, or | ||||||
22 | whose theoretical basis and techniques may diverge from | ||||||
23 | veterinary medicine routinely taught in accredited veterinary | ||||||
24 | medical colleges, or both. "Complementary, alternative, and | ||||||
25 | integrative therapies" include, but are not limited to, | ||||||
26 | veterinary acupuncture, acutherapy, and acupressure; |
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1 | veterinary homeopathy; veterinary manual or manipulative | ||||||
2 | therapy or therapy based on techniques practiced in osteopathy, | ||||||
3 | chiropractic medicine, or physical medicine and therapy; | ||||||
4 | veterinary nutraceutical therapy; veterinary phytotherapy; and | ||||||
5 | other therapies as defined by rule.
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6 | "Consultation" means when a veterinarian receives advice | ||||||
7 | in person,
telephonically, electronically, or by any other | ||||||
8 | method of communication from a
veterinarian licensed in this or | ||||||
9 | any other state or other person whose
expertise, in the opinion | ||||||
10 | of the veterinarian, would benefit a patient. Under
any | ||||||
11 | circumstance, the responsibility for the welfare of the patient | ||||||
12 | remains
with the veterinarian receiving consultation.
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13 | "Department" means the Department of Financial and | ||||||
14 | Professional Regulation.
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15 | "Direct supervision" means the supervising veterinarian is | ||||||
16 | readily available on the premises
where the animal is being | ||||||
17 | treated.
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18 | "Immediate supervision" means the supervising veterinarian | ||||||
19 | is in the immediate area, within audible and visual range of | ||||||
20 | the animal patient and the person treating the patient. | ||||||
21 | "Impaired veterinarian" means a veterinarian who is unable | ||||||
22 | to practice
veterinary medicine with reasonable skill and | ||||||
23 | safety because of a physical or
mental disability as evidenced | ||||||
24 | by a written determination or written consent
based on clinical | ||||||
25 | evidence, including deterioration through the aging process,
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26 | loss of motor skills, or abuse of drugs or alcohol of |
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1 | sufficient degree to
diminish a person's ability to deliver | ||||||
2 | competent patient care.
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3 | "Indirect supervision" means the supervising veterinarian | ||||||
4 | need not be on the
premises, but has given either written or | ||||||
5 | oral instructions for the treatment
of the animal and is | ||||||
6 | available by telephone or other form of communication.
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7 | "Licensed veterinarian" means a person who is validly and | ||||||
8 | currently licensed to practice veterinary medicine in this | ||||||
9 | State. | ||||||
10 | "Patient" means an animal that is examined or treated by a | ||||||
11 | veterinarian.
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12 | "Person" means an individual, firm, partnership (general, | ||||||
13 | limited, or limited
liability), association, joint venture, | ||||||
14 | cooperative, corporation, limited
liability company, or any | ||||||
15 | other group or combination acting in concert, whether
or not | ||||||
16 | acting as a principal, partner, member, trustee, fiduciary, | ||||||
17 | receiver, or
any other kind of legal or personal | ||||||
18 | representative, or as the successor in
interest, assignee, | ||||||
19 | agent, factor, servant, employee, director, officer, or any
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20 | other representative of such person.
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21 | "Practice of veterinary medicine" means to diagnose, | ||||||
22 | prognose, treat, correct, change, alleviate, or prevent animal | ||||||
23 | disease, illness, pain, deformity, defect, injury, or other | ||||||
24 | physical, dental, or mental conditions by any method or mode; | ||||||
25 | including the performance of one or more of the
following:
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26 | (1) Prescribing, dispensing, administering, applying, |
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1 | or ordering the administration of any drug, medicine, | ||||||
2 | biologic, apparatus, anesthetic, or other therapeutic or | ||||||
3 | diagnostic substance, or medical or surgical technique.
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4 | (2) (Blank).
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5 | (3) Performing upon an animal a surgical or dental | ||||||
6 | operation.
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7 | (3.5) Performing upon an animal complementary, | ||||||
8 | alternative, or integrative therapy.
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9 | (4) Performing upon an animal any manual or mechanical | ||||||
10 | procedure for reproductive management, including the | ||||||
11 | diagnosis or treatment of pregnancy, sterility, or | ||||||
12 | infertility. | ||||||
13 | (4.5) The rendering of advice or recommendation by any | ||||||
14 | means, including telephonic and other electronic | ||||||
15 | communications, with regard to the performing upon an | ||||||
16 | animal any manual or mechanical procedure for reproductive | ||||||
17 | management, including the diagnosis or treatment of | ||||||
18 | pregnancy, sterility, or infertility.
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19 | (5) Determining the health and fitness of an animal.
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20 | (6) Representing oneself, directly or indirectly, as | ||||||
21 | engaging in the
practice of veterinary medicine.
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22 | (7) Using any word, letters, or title under such | ||||||
23 | circumstances as to
induce the belief that the person using | ||||||
24 | them is qualified to engage in the
practice of veterinary | ||||||
25 | medicine or any of its branches. Such use shall be
prima | ||||||
26 | facie evidence of the intention to represent oneself as |
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1 | engaging in the
practice of veterinary medicine.
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2 | "Secretary" means the Secretary of Financial and | ||||||
3 | Professional Regulation. | ||||||
4 | "Supervising veterinarian" means a veterinarian who | ||||||
5 | assumes responsibility
for the professional care given to an | ||||||
6 | animal by a person working under his or
her direction in either | ||||||
7 | an immediate, direct, or indirect supervision arrangement. The | ||||||
8 | supervising veterinarian must have examined the animal at
such | ||||||
9 | time as acceptable veterinary medical practices requires, | ||||||
10 | consistent with
the particular delegated animal health care | ||||||
11 | task.
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12 | "Therapeutic" means the treatment, control, and prevention | ||||||
13 | of disease. | ||||||
14 | "Veterinarian" means a person who is validly and currently | ||||||
15 | licensed to practice veterinary medicine in this State. | ||||||
16 | "Veterinarian-client-patient relationship" means that all | ||||||
17 | of the following conditions have been met:
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18 | (1) The veterinarian has assumed the responsibility | ||||||
19 | for making clinical
judgments regarding the health of an | ||||||
20 | animal and the need for medical treatment
and the client, | ||||||
21 | owner, or other caretaker has agreed to follow the | ||||||
22 | instructions
of the veterinarian;
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23 | (2) There is sufficient knowledge of an animal by the | ||||||
24 | veterinarian to
initiate at least a general or preliminary | ||||||
25 | diagnosis of the medical condition
of the animal. This | ||||||
26 | means that the veterinarian has recently seen and is
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1 | personally acquainted with the keeping and care of the | ||||||
2 | animal by virtue of an
examination of the animal or by | ||||||
3 | medically appropriate and timely visits to the
premises | ||||||
4 | where the animal is kept, or the veterinarian has access to | ||||||
5 | the animal patient's records and has been designated by the | ||||||
6 | veterinarian with the prior relationship to provide | ||||||
7 | reasonable and appropriate medical care if he or she is | ||||||
8 | unavailable; and
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9 | (3) The practicing veterinarian is readily available | ||||||
10 | for follow-up in case
of adverse reactions or failure of | ||||||
11 | the treatment regimen or, if unavailable, has designated | ||||||
12 | another available veterinarian who has access to the animal | ||||||
13 | patient's records to provide reasonable and appropriate | ||||||
14 | medical care.
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15 | "Veterinarian-client-patient relationship" does not mean a | ||||||
16 | relationship solely based on telephonic or other electronic | ||||||
17 | communications. | ||||||
18 | "Veterinary medicine" means all branches and specialties | ||||||
19 | included within the practice of veterinary medicine. | ||||||
20 | "Veterinary premises" means any premises or facility where | ||||||
21 | the practice of veterinary medicine occurs, including, but not | ||||||
22 | limited to, a mobile clinic, outpatient clinic, satellite | ||||||
23 | clinic, or veterinary hospital or clinic. "Veterinary | ||||||
24 | premises" does not mean the premises of a veterinary client, | ||||||
25 | research facility, a federal military base, or an accredited | ||||||
26 | college of veterinary medicine. |
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1 | "Veterinary prescription drugs" means those drugs | ||||||
2 | restricted to use by or on the order of a licensed veterinarian | ||||||
3 | in accordance with Section 503(f) of the Federal Food, Drug, | ||||||
4 | and Cosmetic Act (21 U.S.C. 353). | ||||||
5 | "Veterinary specialist" means that a veterinarian is a | ||||||
6 | diplomate within an AVMA-recognized veterinary specialty | ||||||
7 | organization. | ||||||
8 | "Veterinary technology" means the performance of services | ||||||
9 | within the field of
veterinary medicine by a person who, for | ||||||
10 | compensation or personal profit, is
employed by a licensed | ||||||
11 | veterinarian to perform duties that require an
understanding of | ||||||
12 | veterinary medicine necessary to carry out the orders of
the | ||||||
13 | veterinarian. Those services, however, shall not include | ||||||
14 | diagnosing,
prognosing, writing prescriptions, or surgery.
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15 | (Source: P.A. 96-1322, eff. 7-27-10.)
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16 | (225 ILCS 115/4) (from Ch. 111, par. 7004)
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17 | (Section scheduled to be repealed on January 1, 2014)
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18 | Sec. 4. Exemptions. Nothing in this Act shall apply to any | ||||||
19 | of the
following:
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20 | (1) Veterinarians employed by the federal or State | ||||||
21 | government while
engaged in their official duties.
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22 | (2) Licensed veterinarians from other states who are | ||||||
23 | invited to Illinois
for consultation by a veterinarian | ||||||
24 | licensed in Illinois.
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25 | (3) Veterinarians employed by colleges or universities |
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1 | while engaged in
the performance of their official duties, | ||||||
2 | or
faculty engaged in animal husbandry or animal management | ||||||
3 | programs of colleges
or universities.
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4 | (3.5) A veterinarian or veterinary technician from | ||||||
5 | another state or country who (A) is not licensed under this | ||||||
6 | Act; (B) is currently licensed as a veterinarian or | ||||||
7 | veterinary technician in another state or country, or | ||||||
8 | otherwise exempt from licensure in the other state; (C) is | ||||||
9 | an invited guest of a professional veterinary association, | ||||||
10 | veterinary training program, or continuing education | ||||||
11 | provider approved by the Department; and (D) engages in | ||||||
12 | professional education through lectures, clinics, or | ||||||
13 | demonstrations.
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14 | (4) A veterinarian employed by an accredited college of | ||||||
15 | veterinary
medicine providing assistance requested by a | ||||||
16 | veterinarian licensed in Illinois,
acting with informed | ||||||
17 | consent from the client and acting under the direct or
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18 | indirect supervision and control of the licensed | ||||||
19 | veterinarian. Providing
assistance involves hands-on | ||||||
20 | active participation in the treatment and care of
the | ||||||
21 | patient. The licensed veterinarian shall maintain | ||||||
22 | responsibility for the
veterinarian-client-patient | ||||||
23 | relationship.
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24 | (5) Veterinary students in an accredited
college of | ||||||
25 | veterinary medicine, university,
department
of a | ||||||
26 | university, or other institution of veterinary medicine |
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1 | and surgery
engaged in duties assigned by their
instructors | ||||||
2 | or working under the immediate or direct supervision of a | ||||||
3 | licensed veterinarian.
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4 | (5.5) Students of an accredited program in veterinary | ||||||
5 | technology performing veterinary technology duties or | ||||||
6 | actions assigned by instructors or working under the | ||||||
7 | immediate or direct supervision of a licensed | ||||||
8 | veterinarian.
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9 | (6) Any person engaged in bona fide scientific research | ||||||
10 | which
requires
the use of animals.
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11 | (7) An owner of livestock and any of the owner's | ||||||
12 | employees or the owner
and employees of a service and care | ||||||
13 | provider of livestock caring for and
treating livestock | ||||||
14 | belonging to the owner or under a provider's care, | ||||||
15 | including
but not limited to, the performance of husbandry | ||||||
16 | and livestock management
practices such as dehorning, | ||||||
17 | castration, emasculation, or docking of cattle,
horses, | ||||||
18 | sheep, goats, and swine, artificial insemination, and | ||||||
19 | drawing of semen.
Nor shall this Act be construed to | ||||||
20 | prohibit any person from administering in a
humane manner | ||||||
21 | medicinal or surgical treatment to any livestock in the | ||||||
22 | care
of such person. However, any such services shall | ||||||
23 | comply with the Humane Care
for Animals Act.
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24 | (8) An owner of an animal, or an agent of the owner | ||||||
25 | acting with the
owner's approval, in caring for, training, | ||||||
26 | or treating an animal belonging to
the owner, so long as |
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1 | that individual or agent does not represent himself or
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2 | herself as a veterinarian or use any title associated with | ||||||
3 | the practice of
veterinary medicine or surgery or diagnose, | ||||||
4 | prescribe drugs, or perform
surgery. The agent shall | ||||||
5 | provide the owner with a written statement
summarizing the | ||||||
6 | nature of the services provided and obtain a signed
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7 | acknowledgment from the owner that they accept the services | ||||||
8 | provided. The
services shall comply with the Humane Care | ||||||
9 | for Animals Act. The provisions of
this item (8) do not | ||||||
10 | apply to a person who is exempt under item (7).
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11 | (9) A member in good standing of another licensed or | ||||||
12 | regulated profession
within any state or a member of an | ||||||
13 | organization or group approved by the
Department by rule | ||||||
14 | providing assistance that is requested in writing by a | ||||||
15 | veterinarian
licensed in this State acting within a | ||||||
16 | veterinarian-client-patient relationship and with informed | ||||||
17 | consent from the client and the member is acting
under the | ||||||
18 | immediate, direct, or indirect supervision and control of | ||||||
19 | the licensed
veterinarian. Providing assistance involves | ||||||
20 | hands-on active participation in
the treatment and care of | ||||||
21 | the patient, as defined by rule. The licensed
veterinarian | ||||||
22 | shall maintain responsibility for the | ||||||
23 | veterinarian-client-patient
relationship, but shall be | ||||||
24 | immune from liability, except for willful and wanton | ||||||
25 | conduct, in any civil or criminal action if a member | ||||||
26 | providing assistance does not meet the requirements of this |
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1 | item (9).
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2 | (10) A graduate of a non-accredited college of | ||||||
3 | veterinary medicine who is
in
the process of obtaining a | ||||||
4 | certificate of educational equivalence and is
performing | ||||||
5 | duties or actions assigned by instructors in an approved | ||||||
6 | college of
veterinary medicine.
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7 | (10.5) A veterinarian who is enrolled in a postgraduate | ||||||
8 | instructional program in an accredited college of | ||||||
9 | veterinary medicine performing duties or actions assigned | ||||||
10 | by instructors or working under the immediate or direct | ||||||
11 | supervision of a licensed veterinarian or a faculty member | ||||||
12 | of the College of Veterinary Medicine at the University of | ||||||
13 | Illinois.
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14 | (11) A certified euthanasia technician who is | ||||||
15 | authorized to perform
euthanasia in the course and scope of | ||||||
16 | his or her employment only as permitted by the Humane | ||||||
17 | Euthanasia in Animal Shelters Act.
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18 | (12) A person who, without expectation of | ||||||
19 | compensation, provides emergency
veterinary care in an | ||||||
20 | emergency or disaster situation so long as he or she does
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21 | not represent himself or herself as a veterinarian or use a | ||||||
22 | title or degree
pertaining to the practice of veterinary | ||||||
23 | medicine and surgery.
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24 | (13) Any certified veterinary technician or other | ||||||
25 | employee of a licensed
veterinarian performing permitted | ||||||
26 | duties other than diagnosis, prognosis, prescription,
or |
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1 | surgery under the appropriate direction and supervision of | ||||||
2 | the veterinarian, who shall
be responsible for the | ||||||
3 | performance of the employee.
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4 | (13.5) Any pharmacist licensed in the State, merchant, | ||||||
5 | or manufacturer selling at his or her regular place of | ||||||
6 | business medicines, feed, appliances, or other products | ||||||
7 | used in the prevention or treatment of animal diseases as | ||||||
8 | permitted by law and provided that the services he or she | ||||||
9 | provides do not include diagnosing, prognosing, writing | ||||||
10 | prescriptions, or surgery.
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11 | (14) An approved humane investigator regulated under | ||||||
12 | the Humane Care for
Animals Act or employee of a shelter | ||||||
13 | licensed under the Animal Welfare Act,
working under the | ||||||
14 | indirect supervision of a licensed veterinarian.
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15 | (15) An individual providing equine dentistry services | ||||||
16 | requested by a
veterinarian licensed to practice in this | ||||||
17 | State, an owner, or an owner's agent.
For the purposes of | ||||||
18 | this item (15), "equine dentistry services" means floating
| ||||||
19 | teeth without the use of drugs or extraction.
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20 | (15.5) In the event of an emergency or disaster, a | ||||||
21 | veterinarian or veterinary technician not licensed in this | ||||||
22 | State who (A) is responding to a request for assistance | ||||||
23 | from the Illinois Department of Agriculture, the Illinois | ||||||
24 | Department of Public Health, the Illinois Emergency | ||||||
25 | Management Agency, or other State agency as determined by | ||||||
26 | the Department; (B) is licensed and in good standing in |
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1 | another state; and (C) has been granted a temporary waiver | ||||||
2 | from licensure by the Department.
| ||||||
3 | (16) Private treaty sale of animals unless otherwise | ||||||
4 | provided by law.
| ||||||
5 | (17) Persons or entities practicing the specified | ||||||
6 | occupations set forth in subsection (a) of, and pursuant to | ||||||
7 | a licensing exemption granted in subsection (b) or (d) of, | ||||||
8 | Section 2105-350 of the Department of Professional | ||||||
9 | Regulation Law of the Civil Administrative Code of | ||||||
10 | Illinois, but only for so long as the 2016 Olympic and | ||||||
11 | Paralympic Games Professional Licensure Exemption Law is | ||||||
12 | operable. | ||||||
13 | (Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
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14 | (225 ILCS 115/5) (from Ch. 111, par. 7005)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
16 | Sec. 5. Restrictions and limitations. No person shall | ||||||
17 | practice veterinary medicine and surgery in any of
its branches | ||||||
18 | without a valid license to do so. Any person not licensed under
| ||||||
19 | this Act who performs any of the functions described as the | ||||||
20 | practice of
veterinary medicine or surgery as defined in this | ||||||
21 | Act, who announces to the
public in any way an intention to | ||||||
22 | practice veterinary medicine and surgery, who
uses the title | ||||||
23 | Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,
| ||||||
24 | or who opens an office, hospital, or clinic for such purposes | ||||||
25 | is considered
to have violated this Act and may be subject to |
| |||||||
| |||||||
1 | all the penalties provided for
such violations.
| ||||||
2 | It shall be unlawful for any person who is not licensed in | ||||||
3 | this State to
provide veterinary medical services from any | ||||||
4 | state to a client or patient in
this State through telephonic, | ||||||
5 | electronic, or other means, except where a
bonafide | ||||||
6 | veterinarian-client-patient relationship exists.
| ||||||
7 | Nothing in this Act shall be construed to prevent members | ||||||
8 | of other
professions from performing functions for which they | ||||||
9 | are duly licensed, subject to the requirements of Section 4 of | ||||||
10 | this Act. Other
professionals may not, however, hold themselves | ||||||
11 | out or refer to themselves by
any title or descriptions stating | ||||||
12 | or implying that they are engaged in the
practice of veterinary | ||||||
13 | medicine or that they are licensed to engage in the
practice of | ||||||
14 | veterinary medicine.
| ||||||
15 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
16 | (225 ILCS 115/6) (from Ch. 111, par. 7006)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
18 | Sec. 6. Administration of Act.
| ||||||
19 | (a) The Department shall exercise the powers and duties | ||||||
20 | prescribed by the
Civil Administrative Code of Illinois for the | ||||||
21 | administration of licensing Acts
and shall exercise any other | ||||||
22 | powers and duties necessary for effectuating the
purpose of | ||||||
23 | this Act.
| ||||||
24 | (b) The Secretary may shall adopt rules consistent with the | ||||||
25 | provisions
of this Act for the administration and enforcement |
| |||||||
| |||||||
1 | thereof, and for the payment
of fees connected therewith, and | ||||||
2 | may prescribe forms that shall be issued in
connection | ||||||
3 | therewith. The rules may shall include standards and criteria | ||||||
4 | for
licensure, certification, and professional conduct and | ||||||
5 | discipline. The
Department may shall consult with the Board in | ||||||
6 | promulgating rules. Notice of
proposed rulemaking shall be | ||||||
7 | transmitted to the Board and the Department shall
review the | ||||||
8 | Board's response and any recommendations made therein. The
| ||||||
9 | Department shall notify the Board in writing with an | ||||||
10 | explanation of the
deviations in the Board's recommendations | ||||||
11 | and responses.
| ||||||
12 | (c) The Department may shall solicit the advice and expert | ||||||
13 | knowledge of the
Board on any matter relating to the | ||||||
14 | administration and enforcement of this Act.
| ||||||
15 | (d) The Department shall issue quarterly to the Board a | ||||||
16 | report of the
status of all complaints related to the | ||||||
17 | profession received by the Department.
| ||||||
18 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
19 | (225 ILCS 115/7) (from Ch. 111, par. 7007)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 7. Veterinarian Licensing and Disciplinary Board. The | ||||||
22 | Secretary
shall appoint a Veterinarian Licensing and | ||||||
23 | Disciplinary Board as
follows: 7 persons shall be appointed by | ||||||
24 | and shall serve in an advisory
capacity to the Secretary, 6 | ||||||
25 | members must be licensed, in good standing,
veterinarians in |
| |||||||
| |||||||
1 | this State, and must be actively engaged in the practice
of | ||||||
2 | veterinary medicine and surgery in this State, and one member | ||||||
3 | must be
a member of the public who is not licensed under this | ||||||
4 | Act, or a similar
Act of another jurisdiction and who has no | ||||||
5 | connection with the veterinary
profession.
| ||||||
6 | Members shall serve 4-year 4 year terms and until their | ||||||
7 | successors are appointed
and qualified , except that of the | ||||||
8 | initial appointments, one member shall
be appointed to serve | ||||||
9 | for one year, 2 shall be appointed to serve for 2
years, 2 | ||||||
10 | shall be appointed to serve for 3 years, and the remaining, one
| ||||||
11 | of which shall be a public member, shall be appointed to serve
| ||||||
12 | for 4 years and until their successors are appointed and | ||||||
13 | qualified . No
member shall be reappointed to the Board for more | ||||||
14 | than 2 full, consecutive terms. Appointments
to fill vacancies | ||||||
15 | shall be made in the same manner as original appointments,
for | ||||||
16 | the unexpired portion of the vacated term. Initial terms shall | ||||||
17 | begin
upon the effective date of this Act.
| ||||||
18 | The membership of the Board should reasonably reflect | ||||||
19 | representation from
the geographic areas in this State. The | ||||||
20 | Secretary shall consider the
recommendations made by the State | ||||||
21 | Veterinary Medical Association in making
appointments.
| ||||||
22 | Four members of the Board shall constitute a quorum. A | ||||||
23 | quorum is required for all Board decisions. | ||||||
24 | The Secretary shall have the authority to remove or suspend | ||||||
25 | any member of the Board for cause at any time before the | ||||||
26 | expiration of his or her term. may terminate the appointment of |
| |||||||
| |||||||
1 | any member for cause which
in the opinion of the Secretary | ||||||
2 | reasonably justifies such termination.
| ||||||
3 | The Board shall annually elect a Chairman who shall be a | ||||||
4 | Veterinarian.
| ||||||
5 | The Secretary shall consider the advice and | ||||||
6 | recommendations of the Board
on questions involving standards | ||||||
7 | of professional conduct, discipline and
qualifications of | ||||||
8 | candidates and licensees under this Act.
| ||||||
9 | Members of the Board shall be entitled to receive a per | ||||||
10 | diem at a rate
set by the Secretary and shall be reimbursed for | ||||||
11 | all legitimate, necessary, and authorized expenses
incurred in | ||||||
12 | the attending the meetings of the Board. exercise of their | ||||||
13 | duties.
| ||||||
14 | Members of the Board have no liability in any action based | ||||||
15 | upon any
disciplinary proceeding or other activity performed in | ||||||
16 | good faith as a member
of the Board.
| ||||||
17 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
18 | (225 ILCS 115/12) (from Ch. 111, par. 7012)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 12. Renewal and inactive status; restoration; | ||||||
21 | military service. Inactive status. | ||||||
22 | (a) The expiration date and renewal period for each license | ||||||
23 | or certificate shall be set by rule. | ||||||
24 | (b) A licensee who has permitted his or her license to | ||||||
25 | expire or who has had his or her license on inactive status may |
| |||||||
| |||||||
1 | have the license restored by making application to the | ||||||
2 | Department by filing proof acceptable to the Department of his | ||||||
3 | or her fitness to have the license restored and by paying the | ||||||
4 | required fees. Proof of fitness may include sworn evidence | ||||||
5 | certifying to active lawful practice in another jurisdiction. | ||||||
6 | If the licensee has not maintained an active practice in | ||||||
7 | another jurisdiction satisfactory to the Department, the | ||||||
8 | Department shall determine, by an evaluation program | ||||||
9 | established by rule, his or her fitness for restoration of the | ||||||
10 | license and shall establish procedures and requirements for | ||||||
11 | restoration. | ||||||
12 | (c) A licensee whose license expired while he or she was | ||||||
13 | (1) in federal service on active duty with the Armed Forces of | ||||||
14 | the United States or the State Militia called into service or | ||||||
15 | training or (2) in training or education under the supervision | ||||||
16 | of the United States before induction into the military | ||||||
17 | service, may have the license restored without paying any | ||||||
18 | lapsed renewal fees if within 2 years after honorable | ||||||
19 | termination of the service, training, or education he or she | ||||||
20 | furnishes the Department with satisfactory evidence to the | ||||||
21 | effect that he or she has been so engaged and that his or her | ||||||
22 | service, training, or education has been so terminated. | ||||||
23 | (d) Any licensee veterinarian or certified veterinary
| ||||||
24 | technician
who notifies the Department in writing on the | ||||||
25 | prescribed form may place his or
her license or certification | ||||||
26 | on an inactive status and shall, subject to rule,
be exempt |
| |||||||
| |||||||
1 | from payment of the renewal fee and compliance with the | ||||||
2 | continuing
education requirements until he or she notifies the | ||||||
3 | Department in writing of
his or her intention to resume active | ||||||
4 | status.
| ||||||
5 | (e) Any veterinarian or certified veterinary technician | ||||||
6 | requesting
restoration from
inactive or expired status shall be | ||||||
7 | required to complete the continuing education
requirements for | ||||||
8 | a single license or certificate renewal period, pursuant to
| ||||||
9 | rule, and pay the current renewal fee to restore his or her | ||||||
10 | license or
certification as provided in this Act.
| ||||||
11 | (f) Any licensee veterinarian whose license is in inactive , | ||||||
12 | expired, or suspended status shall not practice
veterinary | ||||||
13 | medicine and surgery in this State.
| ||||||
14 | A graduate of a non-approved veterinary school who was | ||||||
15 | issued a work permit
by
the Department before the effective | ||||||
16 | date of this amendatory Act of the 93rd
General Assembly may | ||||||
17 | continue to work under the direct supervision of a
licensed | ||||||
18 | veterinarian until the expiration of his or her permit.
| ||||||
19 | (Source: P.A. 93-281, eff. 12-31-03.)
| ||||||
20 | (225 ILCS 115/13) (from Ch. 111, par. 7013)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
22 | Sec. 13. Licensure without examination ; endorsement . The | ||||||
23 | Department may license register as a
licensed veterinarian or | ||||||
24 | certified veterinary technician, without examination,
but upon | ||||||
25 | payment of the required fee, an applicant who has a license or
|
| |||||||
| |||||||
1 | certificate in good standing to practice in another | ||||||
2 | jurisdiction. However, the
requirements for licensure of | ||||||
3 | veterinarians and certified veterinary technicians in the | ||||||
4 | jurisdiction in which the
applicant was licensed must have | ||||||
5 | been, at the date of licensure, substantially
equivalent to the | ||||||
6 | requirements in force in this State on that date.
| ||||||
7 | Applicants have 3 years from the date of application to | ||||||
8 | complete the
application process. If the process has not been | ||||||
9 | completed in 3 years,
the application shall be denied, the fee | ||||||
10 | forfeited and the applicant must
reapply and meet the | ||||||
11 | requirements in effect at the time of reapplication.
| ||||||
12 | (Source: P.A. 88-424 .)
| ||||||
13 | (225 ILCS 115/14) (from Ch. 111, par. 7014)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 14. Fees. The Department shall provide by rule for a | ||||||
16 | schedule of fees for the
administration and enforcement of this | ||||||
17 | Act, including but not limited to
original licensure, renewal, | ||||||
18 | and restoration of a license issued under this Act . The fees | ||||||
19 | shall be
nonrefundable.
| ||||||
20 | All fees , fines, and penalties collected under this Act | ||||||
21 | shall be deposited into the General
Professions Dedicated Fund | ||||||
22 | and shall be appropriated to the Department for the
ordinary | ||||||
23 | and contingent expenses of the Department in the administration | ||||||
24 | of
this Act.
| ||||||
25 | (Source: P.A. 91-454, eff. 1-1-00 .)
|
| |||||||
| |||||||
1 | (225 ILCS 115/16) (from Ch. 111, par. 7016)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
3 | Sec. 16. Continuing education. As a condition for renewal | ||||||
4 | of a license, licensees shall be required to complete | ||||||
5 | continuing education in veterinary medicine in accordance with | ||||||
6 | rules established by the Department. Proof of having met the | ||||||
7 | minimum requirements
of continuing education as determined by | ||||||
8 | the Board shall be required of all
license and certificate | ||||||
9 | renewals and restorations. Pursuant to rule, the
continuing | ||||||
10 | education
requirements may upon petition be waived in whole or | ||||||
11 | in part if the
veterinarian or veterinary technician can | ||||||
12 | demonstrate that he or she had served
in the Coast Guard or | ||||||
13 | Armed Forces, had an extreme hardship or obtained such
license | ||||||
14 | or certification by examination or endorsement within the | ||||||
15 | preceding
renewal period.
| ||||||
16 | The Department shall establish by rule a means for the | ||||||
17 | verification of
completion of the continuing education | ||||||
18 | required by this Section. This
verification may be accomplished | ||||||
19 | through audits of records maintained by
registrants; by | ||||||
20 | requiring the filing of continuing education certificates
with | ||||||
21 | the Department; or by other means established by the | ||||||
22 | Department.
| ||||||
23 | (Source: P.A. 92-84, eff. 7-1-02 .)
| ||||||
24 | (225 ILCS 115/19.1 new) |
| |||||||
| |||||||
1 | Sec. 19.1. Authority to dispense drugs in emergency | ||||||
2 | situations. | ||||||
3 | (a) A veterinarian licensed under this Act, in the absence | ||||||
4 | of a traditional veterinarian-client-patient relationship, may | ||||||
5 | dispense up to 5 days worth of non-controlled substance | ||||||
6 | medication or up to 3 days worth of controlled substance | ||||||
7 | medication in an emergency situation if: | ||||||
8 | (1) the pet has a medical condition that has been | ||||||
9 | diagnosed by another licensed veterinarian, who then | ||||||
10 | prescribed medication that, if ceased or skipped, could | ||||||
11 | result in a decline of the pet's condition or could be | ||||||
12 | deleterious to the pet's health; | ||||||
13 | (2) the current veterinarian who prescribed the | ||||||
14 | medication is unavailable to issue a refill within a timely | ||||||
15 | manner or the client is not in reasonable proximity to the | ||||||
16 | initial prescriber to obtain a refill within a timely | ||||||
17 | manner; and | ||||||
18 | (3) the client has evidence and can produce evidence of | ||||||
19 | the ongoing medical need for the prescription, either in | ||||||
20 | the form of the medical records or most recent prescription | ||||||
21 | vial or a phone number or other means in which to reach the | ||||||
22 | current prescriber. | ||||||
23 | (b) The second veterinarian must keep a record containing: | ||||||
24 | (1) the name, address, and contact or phone number of | ||||||
25 | the owner and initial prescriber; | ||||||
26 | (2) the name, age, sex, and breed of the pet in |
| |||||||
| |||||||
1 | question; | ||||||
2 | (3) the name, strength, and quantity of medication | ||||||
3 | dispensed, along with use instructions; and | ||||||
4 | (4) the medical condition and reason medication is | ||||||
5 | being dispensed. | ||||||
6 | (c) A maximum of 5 days of medication may be dispensed per | ||||||
7 | patient per year. All dispensed medication must be properly | ||||||
8 | labeled and dispensed to the owner. Notification of the | ||||||
9 | dispensing shall be communicated to the initial prescriber by | ||||||
10 | the dispensing veterinarian. | ||||||
11 | (d) A veterinarian shall not be required to dispense | ||||||
12 | medication under this provision.
| ||||||
13 | (225 ILCS 115/24) (from Ch. 111, par. 7024)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 24.
Any person licensed under this Act may advertise | ||||||
16 | the availability
of professional services in the public media | ||||||
17 | or on the premises where such
professional services are | ||||||
18 | rendered as permitted by law; provided that such
advertising is | ||||||
19 | truthful and not misleading and is in conformity with rules
| ||||||
20 | promulgated by the Department. Advertisements shall not | ||||||
21 | include false, fraudulent, deceptive, or misleading material | ||||||
22 | or guarantees of success.
| ||||||
23 | (Source: P.A. 83-1016 .)
| ||||||
24 | (225 ILCS 115/25) (from Ch. 111, par. 7025)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
2 | Sec. 25. Disciplinary actions.
| ||||||
3 | 1. The Department may refuse to issue or renew, or may | ||||||
4 | revoke,
suspend, place on probation, reprimand, or take other | ||||||
5 | disciplinary or non-disciplinary
action as the Department may | ||||||
6 | deem appropriate, including imposing fines not to
exceed | ||||||
7 | $10,000 $1,000 for each violation and the assessment of costs | ||||||
8 | as provided for in Section 25.3 of this Act , with regard to any
| ||||||
9 | license or certificate for any one or combination of the | ||||||
10 | following:
| ||||||
11 | A. Material misstatement in furnishing information to | ||||||
12 | the
Department.
| ||||||
13 | B. Violations of this Act, or of the rules adopted | ||||||
14 | pursuant to this Act.
| ||||||
15 | C. Conviction by plea of guilty or nolo contendere, | ||||||
16 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
17 | sentencing of any crime, including, but not limited to, | ||||||
18 | convictions, preceding sentences of supervision, | ||||||
19 | conditional discharge, or first offender probation, under | ||||||
20 | the laws of any jurisdiction of the United States that is | ||||||
21 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
22 | which is dishonesty, or that is directly related to the | ||||||
23 | practice of the profession. of any crime under the laws of | ||||||
24 | the United States or any
state or territory of the United | ||||||
25 | States that is a felony or that is a
misdemeanor, an | ||||||
26 | essential element of which is dishonesty, or of any crime |
| |||||||
| |||||||
1 | that
is directly related to the practice of the profession.
| ||||||
2 | D. Fraud or Making any misrepresentation in applying | ||||||
3 | for or procuring a license under this Act or in connection | ||||||
4 | with applying for renewal of a license under this Act. for | ||||||
5 | the purpose of obtaining licensure or
certification, or | ||||||
6 | violating any provision of this Act or the rules adopted | ||||||
7 | pursuant to this Act pertaining to advertising.
| ||||||
8 | E. Professional incompetence.
| ||||||
9 | F. Malpractice. Gross malpractice.
| ||||||
10 | G. Aiding or assisting another person in violating any | ||||||
11 | provision of this
Act or rules.
| ||||||
12 | H. Failing, within 60 days, to provide information in | ||||||
13 | response to a
written request made by the Department.
| ||||||
14 | I. Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a
character likely to deceive, | ||||||
16 | defraud, or harm the public.
| ||||||
17 | J. Habitual or excessive use or abuse of drugs defined | ||||||
18 | in law as controlled substances, alcohol addiction to | ||||||
19 | alcohol, narcotics,
stimulants , or any other substance | ||||||
20 | chemical agent or drug that results in the inability
to | ||||||
21 | practice with reasonable judgment, skill, or safety.
| ||||||
22 | K. Discipline by another state, unit of government, | ||||||
23 | government agency, District of Columbia, territory, or
| ||||||
24 | foreign nation, if at least one of the grounds for the | ||||||
25 | discipline is the same
or substantially equivalent to those | ||||||
26 | set forth herein.
|
| |||||||
| |||||||
1 | L. Charging for professional services not rendered, | ||||||
2 | including filing false statements for the collection of | ||||||
3 | fees for which services are not rendered. Directly or | ||||||
4 | indirectly giving to or receiving from any person, firm,
| ||||||
5 | corporation, partnership or association any fee, | ||||||
6 | commission, rebate, or other
form of compensation for | ||||||
7 | professional services not actually or personally
rendered.
| ||||||
8 | M. A finding by the Board that the licensee or | ||||||
9 | certificate holder,
after having his license or | ||||||
10 | certificate placed on probationary status, has
violated | ||||||
11 | the terms of probation.
| ||||||
12 | N. Willfully making or filing false records or reports | ||||||
13 | in his practice,
including but not limited to false records | ||||||
14 | filed with State agencies or
departments.
| ||||||
15 | O. Physical illness, including but not limited to, | ||||||
16 | deterioration through
the aging process, or loss of motor | ||||||
17 | skill which results in the inability
to practice under this | ||||||
18 | Act the profession with reasonable judgment, skill, or | ||||||
19 | safety.
| ||||||
20 | P. Solicitation of professional services other than | ||||||
21 | permitted
advertising.
| ||||||
22 | Q. Allowing one's license under this Act to be used by | ||||||
23 | an unlicensed person in violation of this Act. Having | ||||||
24 | professional connection with or lending one's name, | ||||||
25 | directly
or indirectly, to any illegal practitioner of | ||||||
26 | veterinary medicine and surgery
and the various branches |
| |||||||
| |||||||
1 | thereof.
| ||||||
2 | R. Conviction of or cash compromise of a charge or | ||||||
3 | violation of the
Harrison Act or the Illinois Controlled | ||||||
4 | Substances Act, regulating narcotics.
| ||||||
5 | S. Fraud or dishonesty in applying, treating, or | ||||||
6 | reporting on
tuberculin or other biological tests.
| ||||||
7 | T. Failing to report, as required by law, or making | ||||||
8 | false report of any
contagious or infectious diseases.
| ||||||
9 | U. Fraudulent use or misuse of any health certificate, | ||||||
10 | shipping
certificate, brand inspection certificate, or | ||||||
11 | other blank forms used in
practice that might lead to the | ||||||
12 | dissemination of disease or the transportation
of diseased | ||||||
13 | animals dead or alive; or dilatory methods, willful | ||||||
14 | neglect, or
misrepresentation in the inspection of milk, | ||||||
15 | meat, poultry, and the by-products
thereof.
| ||||||
16 | V. Conviction on a charge of cruelty to animals.
| ||||||
17 | W. Failure to keep one's premises and all equipment | ||||||
18 | therein in a clean
and sanitary condition.
| ||||||
19 | X. Failure to provide satisfactory proof of having | ||||||
20 | participated in
approved continuing education programs.
| ||||||
21 | Y. Mental illness or disability that results in the | ||||||
22 | inability to practice under this Act with reasonable | ||||||
23 | judgment, skill, or safety. Failure to (i) file a return, | ||||||
24 | (ii) pay the tax, penalty, or interest
shown in a filed | ||||||
25 | return, or (iii) pay any final assessment of tax, penalty, | ||||||
26 | or
interest, as required by any tax Act administered by the |
| |||||||
| |||||||
1 | Illinois Department of
Revenue, until the requirements of | ||||||
2 | that tax Act are satisfied.
| ||||||
3 | Z. Conviction by any court of competent jurisdiction, | ||||||
4 | either within or
outside this State, of any violation of | ||||||
5 | any law governing the practice of
veterinary medicine, if | ||||||
6 | the Department determines, after investigation, that
the | ||||||
7 | person has not been sufficiently rehabilitated to warrant | ||||||
8 | the public trust.
| ||||||
9 | AA. Promotion of the sale of drugs, devices, | ||||||
10 | appliances, or goods provided
for a patient in any manner | ||||||
11 | to exploit the client for financial gain of the
| ||||||
12 | veterinarian.
| ||||||
13 | BB. Gross, willful, or continued overcharging for | ||||||
14 | professional services ,
including filing false statements | ||||||
15 | for collection of fees for which services are
not rendered .
| ||||||
16 | CC. Practicing under a false or, except as provided by | ||||||
17 | law, an assumed
name.
| ||||||
18 | DD. Violating state or federal laws or regulations | ||||||
19 | relating to controlled substances or legend drugs. Fraud or | ||||||
20 | misrepresentation in applying for, or procuring, a license
| ||||||
21 | under this Act or in connection with applying for renewal | ||||||
22 | of a license under
this Act.
| ||||||
23 | EE. Cheating on or attempting to subvert the licensing | ||||||
24 | examination
administered under this Act.
| ||||||
25 | FF. Using, prescribing, or selling a prescription drug | ||||||
26 | or the
extra-label use of a prescription drug by any means |
| |||||||
| |||||||
1 | in the absence of a valid
veterinarian-client-patient | ||||||
2 | relationship.
| ||||||
3 | GG. Failing to report a case of suspected aggravated | ||||||
4 | cruelty, torture,
or
animal fighting pursuant to Section | ||||||
5 | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||||||
6 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012.
| ||||||
8 | All fines imposed under this Section shall be paid within | ||||||
9 | 60 days after the effective date of the order imposing the fine | ||||||
10 | or in accordance with the terms set forth in the order imposing | ||||||
11 | the fine. | ||||||
12 | 2. The determination by a circuit court that a licensee or | ||||||
13 | certificate
holder is subject to involuntary admission or | ||||||
14 | judicial admission as provided in
the Mental Health and | ||||||
15 | Developmental Disabilities Code operates as an automatic
| ||||||
16 | suspension. The suspension will end only upon a finding by a | ||||||
17 | court that the
patient is no longer subject to involuntary | ||||||
18 | admission or judicial admission and
issues an order so finding | ||||||
19 | and discharging the patient . In any case where a license is | ||||||
20 | suspended under this provision, the licensee shall file a | ||||||
21 | petition for restoration and shall include evidence acceptable | ||||||
22 | to the Department that the licensee can resume practice in | ||||||
23 | compliance with acceptable and prevailing standards of their | ||||||
24 | profession. ; and upon the
recommendation of the Board to the | ||||||
25 | Secretary that the licensee or certificate
holder be allowed to | ||||||
26 | resume his practice.
|
| |||||||
| |||||||
1 | 3. All proceedings to suspend, revoke, place on | ||||||
2 | probationary status, or
take any other disciplinary action as | ||||||
3 | the Department may deem proper, with
regard to a license or | ||||||
4 | certificate on any of the foregoing grounds, must be
commenced | ||||||
5 | within 5 3 years after receipt by the Department of a complaint
| ||||||
6 | alleging the commission of or notice of the conviction order | ||||||
7 | for any of the
acts described in this Section. Except for | ||||||
8 | proceedings brought for violations
of items (CC), (DD), or | ||||||
9 | (EE), no action shall be commenced more than 5 years
after the | ||||||
10 | date of the incident or act alleged to have violated this | ||||||
11 | Section.
In the event of the settlement of any claim or cause | ||||||
12 | of action in favor of the
claimant or the reduction to final | ||||||
13 | judgment of any civil action in favor of the
plaintiff, the | ||||||
14 | claim, cause of action, or civil action being grounded on the
| ||||||
15 | allegation that a person licensed or certified under this Act | ||||||
16 | was negligent in
providing care, the Department shall have an | ||||||
17 | additional period of one year from
the date of the settlement | ||||||
18 | or final judgment in which to investigate and begin
formal | ||||||
19 | disciplinary proceedings under Section 25.2 of this Act, except | ||||||
20 | as
otherwise provided by law. The time during which the holder | ||||||
21 | of the license or
certificate was outside the State of Illinois | ||||||
22 | shall not be included within any
period of time limiting the | ||||||
23 | commencement of disciplinary action by the
Department.
| ||||||
24 | 4. The Department may refuse to issue or may suspend | ||||||
25 | without hearing, as provided for in the Illinois Code of Civil | ||||||
26 | Procedure, take disciplinary action
concerning
the license of |
| |||||||
| |||||||
1 | any person who fails to file a return, to pay the tax, penalty,
| ||||||
2 | or interest
shown in a filed return, or to pay any final | ||||||
3 | assessment of tax, penalty, or
interest as
required by any tax | ||||||
4 | Act administered by the Illinois Department of Revenue, until | ||||||
5 | such
time as
the requirements of any such tax Act are satisfied | ||||||
6 | in accordance with subsection (g) of Section 2105-15 of the | ||||||
7 | Civil Administrative Code of Illinois. as determined by the
| ||||||
8 | Department of
Revenue.
| ||||||
9 | 5. In enforcing this Section, the Department, upon a | ||||||
10 | showing of a possible violation, may compel any individual who | ||||||
11 | is registered under this Act or any individual who has applied | ||||||
12 | for registration to submit to a mental or physical examination | ||||||
13 | or evaluation, or both, which may include a substance abuse or | ||||||
14 | sexual offender evaluation, at the expense of the Department. | ||||||
15 | The Department shall specifically designate the examining | ||||||
16 | physician licensed to practice medicine in all of its branches | ||||||
17 | or, if applicable, the multidisciplinary team involved in | ||||||
18 | providing the mental or physical examination and evaluation. | ||||||
19 | The multidisciplinary team shall be led by a physician licensed | ||||||
20 | to practice medicine in all of its branches and may consist of | ||||||
21 | one or more or a combination of physicians licensed to practice | ||||||
22 | medicine in all of its branches, licensed chiropractic | ||||||
23 | physicians, licensed clinical psychologists, licensed clinical | ||||||
24 | social workers, licensed clinical professional counselors, and | ||||||
25 | other professional and administrative staff. Any examining | ||||||
26 | physician or member of the multidisciplinary team may require |
| |||||||
| |||||||
1 | any person ordered to submit to an examination and evaluation | ||||||
2 | pursuant to this Section to submit to any additional | ||||||
3 | supplemental testing deemed necessary to complete any | ||||||
4 | examination or evaluation process, including, but not limited | ||||||
5 | to, blood testing, urinalysis, psychological testing, or | ||||||
6 | neuropsychological testing. | ||||||
7 | The Department may order the examining physician or any | ||||||
8 | member of the multidisciplinary team to provide to the | ||||||
9 | Department any and all records, including business records, | ||||||
10 | that relate to the examination and evaluation, including any | ||||||
11 | supplemental testing performed. The Department may order the | ||||||
12 | examining physician or any member of the multidisciplinary team | ||||||
13 | to present testimony concerning this examination and | ||||||
14 | evaluation of the registrant or applicant, including testimony | ||||||
15 | concerning any supplemental testing or documents relating to | ||||||
16 | the examination and evaluation. No information, report, | ||||||
17 | record, or other documents in any way related to the | ||||||
18 | examination and evaluation shall be excluded by reason of any | ||||||
19 | common law or statutory privilege relating to communication | ||||||
20 | between the licensee or applicant and the examining physician | ||||||
21 | or any member of the multidisciplinary team. No authorization | ||||||
22 | is necessary from the registrant or applicant ordered to | ||||||
23 | undergo an evaluation and examination for the examining | ||||||
24 | physician or any member of the multidisciplinary team to | ||||||
25 | provide information, reports, records, or other documents or to | ||||||
26 | provide any testimony regarding the examination and |
| |||||||
| |||||||
1 | evaluation. The individual to be examined may have, at his or | ||||||
2 | her own expense, another physician of his or her choice present | ||||||
3 | during all aspects of the examination. | ||||||
4 | Failure of any individual to submit to mental or physical | ||||||
5 | examination or evaluation, or both, when directed, shall result | ||||||
6 | in an automatic suspension without hearing, until such time as | ||||||
7 | the individual submits to the examination. If the Department | ||||||
8 | finds a registrant unable to practice because of the reasons | ||||||
9 | set forth in this Section, the Department shall require such | ||||||
10 | registrant to submit to care, counseling, or treatment by | ||||||
11 | physicians approved or designated by the Department as a | ||||||
12 | condition for continued, reinstated, or renewed registration. | ||||||
13 | In instances in which the Secretary immediately suspends a | ||||||
14 | registration under this Section, a hearing upon such person's | ||||||
15 | registration must be convened by the Department within 15 days | ||||||
16 | after such suspension and completed without appreciable delay. | ||||||
17 | The Department shall have the authority to review the | ||||||
18 | registrant's record of treatment and counseling regarding the | ||||||
19 | impairment to the extent permitted by applicable federal | ||||||
20 | statutes and regulations safeguarding the confidentiality of | ||||||
21 | medical records. | ||||||
22 | Individuals registered under this Act that are affected | ||||||
23 | under this Section, shall be afforded an opportunity to | ||||||
24 | demonstrate to the Department that they can resume practice in | ||||||
25 | compliance with acceptable and prevailing standards under the | ||||||
26 | provisions of their registration. the Board, upon a showing of |
| |||||||
| |||||||
1 | a possible
violation, may compel a licensee or applicant to | ||||||
2 | submit to a mental or physical
examination, or both, as | ||||||
3 | required by and at the expense of the Department. The
examining | ||||||
4 | physicians or clinical psychologists shall be those | ||||||
5 | specifically
designated by the Board. The Board or the | ||||||
6 | Department may order (i) the
examining physician to present | ||||||
7 | testimony concerning the mental or physical
examination of a | ||||||
8 | licensee or applicant or (ii) the examining clinical
| ||||||
9 | psychologist to present testimony concerning the mental | ||||||
10 | examination of a
licensee or applicant. No information shall be | ||||||
11 | excluded by reason of any common
law or statutory privilege | ||||||
12 | relating to communications between a licensee or
applicant and | ||||||
13 | the examining physician or clinical psychologist. An | ||||||
14 | individual
to be examined may have, at his or her own expense, | ||||||
15 | another physician or
clinical psychologist of his or her choice | ||||||
16 | present during all aspects of the
examination. Failure of an | ||||||
17 | individual to submit to a mental or physical
examination, when | ||||||
18 | directed, is grounds for suspension of his or her license.
The | ||||||
19 | license must remain suspended until the person submits to the | ||||||
20 | examination
or the Board finds, after notice and hearing, that | ||||||
21 | the refusal to submit to the
examination was with reasonable | ||||||
22 | cause.
| ||||||
23 | If the Board finds an individual unable to practice because | ||||||
24 | of the reasons
set forth in this Section, the Board must | ||||||
25 | require the individual to submit to
care, counseling, or | ||||||
26 | treatment by a physician or clinical psychologist approved
by |
| |||||||
| |||||||
1 | the Board, as a condition, term, or restriction for continued, | ||||||
2 | reinstated,
or renewed licensure to practice. In lieu of care, | ||||||
3 | counseling, or treatment,
the Board may recommend that the | ||||||
4 | Department file a complaint to immediately
suspend or revoke | ||||||
5 | the license of the individual or otherwise discipline the
| ||||||
6 | licensee.
| ||||||
7 | Any individual whose license was granted, continued, | ||||||
8 | reinstated, or renewed
subject to conditions, terms, or | ||||||
9 | restrictions, as provided for in this Section,
or any | ||||||
10 | individual who was disciplined or placed on supervision | ||||||
11 | pursuant to this
Section must be referred to the Secretary for | ||||||
12 | a determination as to whether the
person shall have his or her | ||||||
13 | license suspended immediately, pending a hearing
by the Board.
| ||||||
14 | 6. The Department shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who has defaulted on an | ||||||
16 | educational loan or scholarship provided or guaranteed by the | ||||||
17 | Illinois Student Assistance Commission or any governmental | ||||||
18 | agency of this State in accordance with paragraph (5) of | ||||||
19 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
20 | Code of Illinois. | ||||||
21 | 7. In cases where the Department of Healthcare and Family | ||||||
22 | Services has previously determined a licensee or a potential | ||||||
23 | licensee is more than 30 days delinquent in the payment of | ||||||
24 | child support and has subsequently certified the delinquency to | ||||||
25 | the Department, the Department may refuse to issue or renew or | ||||||
26 | may revoke or suspend that person's license or may take other |
| |||||||
| |||||||
1 | disciplinary action against that person based solely upon the | ||||||
2 | certification of delinquency made by the Department of | ||||||
3 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
4 | of subsection (a) of Section 1205-15 of the Civil | ||||||
5 | Administrative Code of Illinois. | ||||||
6 | (Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13; | ||||||
7 | 97-1150, eff. 1-25-13.)
| ||||||
8 | (225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 25.1. Injunctive actions; orders to cease and desist. | ||||||
11 | (a) If any person violates a provision of this Act, the | ||||||
12 | Secretary
may, in the name of the People of the State of | ||||||
13 | Illinois, through the Attorney
General of the State of Illinois | ||||||
14 | or the State's Attorney of the county in which the violation is | ||||||
15 | alleged to have occurred , petition, for an order enjoining such
| ||||||
16 | violation or for an order enforcing compliance with this Act. | ||||||
17 | Upon the
filing of a verified petition in such court, the court | ||||||
18 | may issue a temporary
restraining order, without notice or | ||||||
19 | bond, and may preliminarily and
permanently
enjoin such | ||||||
20 | violation, and if it is established that such person has | ||||||
21 | violated
or is violating the injunction, the court may punish | ||||||
22 | the offender for contempt
of court. Proceedings under this | ||||||
23 | Section shall be in addition to, and not in
lieu of, all other | ||||||
24 | remedies and penalties provided by this Act.
| ||||||
25 | (b) If any person practices shall practice as a |
| |||||||
| |||||||
1 | veterinarian or hold himself or herself out
as a veterinarian | ||||||
2 | without being licensed under the provision of this Act
then any | ||||||
3 | licensed veterinarian, any interested party or any person | ||||||
4 | injured
thereby may, in addition to the Secretary, petition for | ||||||
5 | relief as provided
in subsection (a) of this Section.
| ||||||
6 | (c) Whenever in the opinion of the Department any person | ||||||
7 | violates any
provision of this Act, the Department may issue a | ||||||
8 | rule to show cause why
an order to cease and desist should not | ||||||
9 | be entered against him or her . The rule shall clearly
set forth | ||||||
10 | the grounds relied upon by the Department and shall provide a
| ||||||
11 | period of 7 days from the date of the rule to file an answer to | ||||||
12 | the satisfaction
of the Department. Failure to answer to the | ||||||
13 | satisfaction of the Department
shall cause an order to cease | ||||||
14 | and desist to be issued forthwith.
| ||||||
15 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
16 | (225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
18 | Sec. 25.2. Investigation; notice and hearing . The | ||||||
19 | Department may investigate the
actions of any applicant or of | ||||||
20 | any person or persons holding or claiming to
hold a license or | ||||||
21 | certificate. The Department shall, before refusing to issue,
to | ||||||
22 | renew or discipline a license or certificate under Section 25, | ||||||
23 | at least 30
days prior to the date set for the hearing, notify | ||||||
24 | the applicant or licensee in writing the applicant
for, or | ||||||
25 | holder of, a license or certificate of the nature of the |
| |||||||
| |||||||
1 | charges and
the time and place for that a hearing will be held | ||||||
2 | on the charges date designated . The Department shall direct
the | ||||||
3 | applicant, certificate holder, or licensee to file a written | ||||||
4 | answer to the charges with to the
Board under oath within 20 | ||||||
5 | days after the service of the notice and inform the
applicant, | ||||||
6 | certificate holder, or licensee that failure to file an answer | ||||||
7 | will
result in default being taken against the applicant, | ||||||
8 | certificate holder, or
licensee . At the time and place fixed in | ||||||
9 | the notice, the Department shall proceed to hear the charges | ||||||
10 | and the parties or their counsel shall be accorded ample | ||||||
11 | opportunity to present any pertinent statements, testimony, | ||||||
12 | evidence, and arguments. The Department may continue the | ||||||
13 | hearing from time to time. In case the person, after receiving | ||||||
14 | the notice, fails to file an answer, his or her license may, in | ||||||
15 | the discretion of the Department, be revoked, suspended, placed | ||||||
16 | on probationary status, or the Department may take whatever | ||||||
17 | disciplinary action considered proper, including limiting the | ||||||
18 | scope, nature, or extent of the person's practice or the | ||||||
19 | imposition of a fine, without a hearing, if the act or acts | ||||||
20 | charged constitute sufficient grounds for that action under the | ||||||
21 | Act. The written notice and any notice in the subsequent | ||||||
22 | proceeding may be served by registered or certified mail to the | ||||||
23 | licensee's address of record. and that the license or | ||||||
24 | certificate may be suspended, revoked, placed
on probationary | ||||||
25 | status, or other disciplinary action may be taken, including
| ||||||
26 | limiting the scope, nature or extent of practice, as the |
| |||||||
| |||||||
1 | Secretary may deem
proper. Written notice may be served by | ||||||
2 | personal delivery or certified or
registered mail to the | ||||||
3 | respondent at the address of his last notification to
the | ||||||
4 | Department. In case the person fails to file an answer after | ||||||
5 | receiving
notice, his or her license or certificate may, in the | ||||||
6 | discretion of the
Department, be suspended, revoked, or placed | ||||||
7 | on probationary status, or the
Department may take whatever | ||||||
8 | disciplinary action deemed proper, including
limiting the | ||||||
9 | scope, nature, or extent of the person's practice or the
| ||||||
10 | imposition of a fine, without a hearing, if the act or acts | ||||||
11 | charged constitute
sufficient grounds for such action under | ||||||
12 | this Act. At the time and place fixed
in the notice, the Board | ||||||
13 | shall proceed to hear the charges and the parties or
their | ||||||
14 | counsel shall be accorded ample opportunity to present any | ||||||
15 | statements,
testimony, evidence, and argument pertinent to the | ||||||
16 | charges or to their defense.
The Board may continue a hearing | ||||||
17 | from time to time.
| ||||||
18 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
19 | (225 ILCS 115/25.2a new) | ||||||
20 | Sec. 25.2a. Confidentiality. All information collected by | ||||||
21 | the Department in the course of an examination or investigation | ||||||
22 | of a licensee or applicant, including, but not limited to, any | ||||||
23 | complaint against a licensee filed with the Department and | ||||||
24 | information collected to investigate any such complaint, shall | ||||||
25 | be maintained for the confidential use of the Department and |
| |||||||
| |||||||
1 | shall not be disclosed. The Department may not disclose the | ||||||
2 | information to anyone other than law enforcement officials, | ||||||
3 | other regulatory agencies that have an appropriate regulatory | ||||||
4 | interest as determined by the Secretary, or to a party | ||||||
5 | presenting a lawful subpoena to the Department. Information and | ||||||
6 | documents disclosed to a federal, State, county, or local law | ||||||
7 | enforcement agency shall not be disclosed by the agency for any | ||||||
8 | purpose to any other agency or person. A formal complaint filed | ||||||
9 | against a licensee by the Department or any order issued by the | ||||||
10 | Department against a licensee or applicant shall be a public | ||||||
11 | record, except as otherwise prohibited by law.
| ||||||
12 | (225 ILCS 115/25.3) (from Ch. 111, par. 7025.3)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 25.3. Records of proceedings. The Department, at its | ||||||
15 | expense, shall
preserve a record of all proceedings at the | ||||||
16 | formal hearing of any case
involving the refusal to issue, | ||||||
17 | renew or discipline of a license or
certificate. The notice of | ||||||
18 | hearing, complaint and all other documents in the
nature of | ||||||
19 | pleadings and written motions filed in the proceedings, the
| ||||||
20 | transcript of testimony, the report of the Board and orders of | ||||||
21 | the Department
shall be the record of such proceeding . Any | ||||||
22 | registrant who is found to have violated this Act or who fails | ||||||
23 | to appear for a hearing to refuse to issue, restore, or renew a | ||||||
24 | license or to discipline a licensee may be required by the | ||||||
25 | Department to pay for the costs of the proceeding. These costs |
| |||||||
| |||||||
1 | are limited to costs for court reporters, transcripts, and | ||||||
2 | witness attendance and mileage fees. All costs imposed under | ||||||
3 | this Section shall be paid within 60 days after the effective | ||||||
4 | date of the order imposing the fine.
| ||||||
5 | (Source: P.A. 88-424 .)
| ||||||
6 | (225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 25.4.
The Department may shall have the power to | ||||||
9 | subpoena and bring
before it any person in this State and to | ||||||
10 | take the oral or written testimony or compel the production of | ||||||
11 | any books, papers, records, or any other documents that the | ||||||
12 | Secretary or his or her designee deems relevant or material to | ||||||
13 | an investigation or hearing conducted by the Department either | ||||||
14 | orally or
by deposition, or both , with the same fees and | ||||||
15 | mileage and in the same manner
as prescribed by law in judicial | ||||||
16 | procedure in civil cases in courts of this
State.
| ||||||
17 | The Secretary, the designated hearing officer, any and | ||||||
18 | every member of the Board , or a certified shorthand court | ||||||
19 | reporter may
shall have power to administer oaths to witnesses | ||||||
20 | at any hearing which the
Department conducts is authorized by | ||||||
21 | law to conduct, and any other oaths required
or authorized in | ||||||
22 | any Act administered by the Department . Notwithstanding any | ||||||
23 | other statute or Department rule to the contrary, all requests | ||||||
24 | for testimony, production of documents or records shall be in | ||||||
25 | accordance with this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
2 | (225 ILCS 115/25.5) (from Ch. 111, par. 7025.5)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
4 | Sec. 25.5.
Any circuit court may , upon application of the | ||||||
5 | Department or
designee or of the applicant or licensee against | ||||||
6 | whom proceedings upon Section
25 of this Act are pending , may | ||||||
7 | enter an order requiring the attendance and testimony of
| ||||||
8 | witnesses
and their testimony, and the production of relevant | ||||||
9 | documents, papers, files, books
and records in connection with | ||||||
10 | any hearing or investigation. The court
may compel obedience to | ||||||
11 | its order by proceedings for contempt.
| ||||||
12 | (Source: P.A. 83-1016 .)
| ||||||
13 | (225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 25.6. Board Written report. At the conclusion of the | ||||||
16 | hearing the Board
shall present to the Secretary a written | ||||||
17 | report of its findings of fact,
conclusions of law, and | ||||||
18 | recommendations. The report shall contain a finding
whether or | ||||||
19 | not the accused person violated this Act or failed to comply | ||||||
20 | with
the conditions required in this Act. The Board shall | ||||||
21 | specify the nature of the
violation or failure to comply, and | ||||||
22 | shall make its recommendations to the Secretary.
| ||||||
23 | The report of findings of fact, conclusions of law and | ||||||
24 | recommendation of
the Board shall be the basis for the |
| |||||||
| |||||||
1 | Department's order for refusing to issue, restore, or renew a | ||||||
2 | license, or otherwise disciplining a licensee, or refusal or | ||||||
3 | for
the granting of a license, certificate, or permit. If the | ||||||
4 | Secretary disagrees
in any regard with the report of the Board, | ||||||
5 | then the Secretary may issue an order in
contravention thereof. | ||||||
6 | The Secretary shall provide a written report to the
Board on | ||||||
7 | any deviation, and shall specify with particularity the reasons | ||||||
8 | for
the action in the final order. The finding is not | ||||||
9 | admissible in evidence
against the person in a criminal | ||||||
10 | prosecution brought for the violation of this
Act, but the | ||||||
11 | hearing and finding are not a bar to a criminal prosecution
| ||||||
12 | brought for the violation of this Act.
| ||||||
13 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
14 | (225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
16 | Sec. 25.7. Motion for rehearing; procedure Procedure upon | ||||||
17 | refusal to license or issue certificate. In
any hearing case | ||||||
18 | under Section 25 involving the refusal to issue, renew, or
| ||||||
19 | discipline a license or certificate, a copy of the Board's | ||||||
20 | report shall be
served upon the respondent by the Department, | ||||||
21 | either personally or as provided
in this Act for the service of | ||||||
22 | the notice of hearing. Within 20 days after
service, the | ||||||
23 | respondent may present to the Department a motion in writing | ||||||
24 | for a
rehearing. The motion shall specify the particular | ||||||
25 | grounds for the rehearing.
If no motion for rehearing is filed, |
| |||||||
| |||||||
1 | then upon the expiration of the time
specified for filing a | ||||||
2 | motion, or if a motion for rehearing is denied, then
upon the | ||||||
3 | denial, then the Secretary may enter an order in accordance | ||||||
4 | with
recommendations of the Board except as provided in Section | ||||||
5 | 25.6 of this Act.
If the respondent orders from the reporting | ||||||
6 | service, and pays for a transcript
of the record within the | ||||||
7 | time for filing a motion for rehearing, the 20 day
period | ||||||
8 | within which such a motion may be filed shall commence upon the | ||||||
9 | delivery
of the transcript to the respondent.
| ||||||
10 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
11 | (225 ILCS 115/25.8) (from Ch. 111, par. 7025.8)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 25.8. Rehearing ordered by Secretary. Whenever the | ||||||
14 | Secretary is not satisfied
that substantial justice has not | ||||||
15 | been done in the revocation, suspension, or
refusal to issue or | ||||||
16 | renew a license or certificate, the Secretary may order a
| ||||||
17 | rehearing by the Board or a designated hearing officer.
| ||||||
18 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
19 | (225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 25.9. Hearing officers; reports; review. The | ||||||
22 | Notwithstanding the
provisions of Section 25.2 of this Act, the | ||||||
23 | Secretary shall have the authority
to appoint any attorney duly | ||||||
24 | licensed to practice law in the State of Illinois
to serve as |
| |||||||
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1 | the hearing officer in any action for refusal to issue, renew, | ||||||
2 | or
discipline of a license, certificate, or permit. The | ||||||
3 | Secretary shall notify the
Board of any appointment. The | ||||||
4 | hearing officer shall have full authority to
conduct the | ||||||
5 | hearing. The hearing officer shall report his or her findings | ||||||
6 | of
fact, conclusions of law, and recommendations to the Board | ||||||
7 | and the Secretary.
The Board shall have 60 days from receipt of | ||||||
8 | the report to review the report of
the hearing officer and | ||||||
9 | present its findings of fact, conclusions of law, and
| ||||||
10 | recommendations to the Secretary. If the Board fails to present | ||||||
11 | its report
within the 60 day period, then the Secretary may | ||||||
12 | issue an order based on the report
of the hearing officer. If | ||||||
13 | the Secretary disagrees in any regard with the
recommendation | ||||||
14 | report of the Board or hearing officer, then the Secretary may | ||||||
15 | issue an order in
contravention of the report. The Secretary | ||||||
16 | shall provide a written explanation
to the Board on any | ||||||
17 | deviation, and shall specify with particularity the reasons
for | ||||||
18 | the action in the final order. At least 2 licensed veterinarian | ||||||
19 | members of
the Board should be present at all formal hearings | ||||||
20 | on the merits of complaints
brought under the provisions of | ||||||
21 | this Act.
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22 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
23 | (225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
25 | Sec. 25.10. Order or certified copy; prima facie proof.
An |
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1 | order or a certified copy thereof, over the seal of the | ||||||
2 | Department and
purporting to be signed by the Secretary, shall | ||||||
3 | be prima facie proof that:
| ||||||
4 | (a) the signature is the genuine signature of the | ||||||
5 | Secretary; and
| ||||||
6 | (b) the Secretary is duly appointed and qualified . ;
| ||||||
7 | and
| ||||||
8 | (c) the Board and the members thereof are qualified to | ||||||
9 | act.
| ||||||
10 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
11 | (225 ILCS 115/25.11) (from Ch. 111, par. 7025.11)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 25.11. Restoration of license or certificate from | ||||||
14 | discipline . At any time after successful completion of a term | ||||||
15 | of indefinite probation, suspension, or revocation of a | ||||||
16 | license, the Department may restore the license, unless, after | ||||||
17 | an investigation and a hearing, the Secretary determines that | ||||||
18 | restoration is not in the public interest or that the licensee | ||||||
19 | has not been sufficiently rehabilitated to warrant the public | ||||||
20 | trust. No person or entity whose license, certificate, or | ||||||
21 | authority has been revoked as authorized in this Act may apply | ||||||
22 | for restoration of that license, certification, or authority | ||||||
23 | until such time as provided for in the Civil Administrative | ||||||
24 | Code of Illinois. the
suspension or revocation of any license | ||||||
25 | or certificate, the Department may
restore it to the accused |
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| |||||||
1 | person, upon the written recommendation of the Board
unless | ||||||
2 | after an investigation and a hearing, the Department determines | ||||||
3 | that
restoration is not in the public interest.
| ||||||
4 | (Source: P.A. 88-424 .)
| ||||||
5 | (225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
7 | Sec. 25.13. Summary suspension. The Secretary may | ||||||
8 | summarily temporarily suspend the license of a
licensee | ||||||
9 | veterinarian
without a hearing, simultaneously with the | ||||||
10 | institution of proceedings for
a hearing provided for in | ||||||
11 | Section 25.2 of this Act, if the Secretary finds
that the | ||||||
12 | evidence in his possession indicates that a licensee's | ||||||
13 | veterinarian's continuation
in practice would constitute an | ||||||
14 | imminent danger to the public. In the event
that the Secretary | ||||||
15 | summarily suspends , temporarily, the license of a veterinarian | ||||||
16 | without
a hearing, a hearing shall be commenced by the Board | ||||||
17 | must be held within 30 days after such
suspension has occurred | ||||||
18 | and shall be concluded as expeditiously as possible .
| ||||||
19 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
20 | (225 ILCS 115/25.14) (from Ch. 111, par. 7025.14)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
22 | Sec. 25.14.
All final administrative decisions of the | ||||||
23 | Department are subject
to judicial review pursuant to the | ||||||
24 | provisions of the Administrative Review
Law , as now or |
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| |||||||
1 | hereafter amended, and all rules adopted pursuant thereto.
The | ||||||
2 | term "administrative decision" is defined as in Section 3-101 | ||||||
3 | of the
Code of Civil Procedure.
| ||||||
4 | Proceedings for judicial review shall be commenced in the | ||||||
5 | circuit court
of the county in which the party applying for | ||||||
6 | review resides; but if the
party is not a resident of this | ||||||
7 | State, venue shall be Sangamon County.
| ||||||
8 | (Source: P.A. 83-101 .)
| ||||||
9 | (225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
11 | Sec. 25.15. Certification of record. The Department shall | ||||||
12 | not be
required to certify any record
to the Court or file any | ||||||
13 | answer in court or otherwise appear in any court
in a judicial | ||||||
14 | review proceeding, unless and until the Department has received | ||||||
15 | from the plaintiff there is filed in the court, with
the | ||||||
16 | complaint, a receipt from the Department acknowledging payment | ||||||
17 | of the
costs of furnishing and certifying the record , which | ||||||
18 | costs shall be determined by the Department. Exhibits shall be | ||||||
19 | certified without cost . Failure on the part of
the plaintiff to | ||||||
20 | file a receipt in Court shall be grounds for
dismissal
of the | ||||||
21 | action.
| ||||||
22 | (Source: P.A. 87-1031 .)
| ||||||
23 | (225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2014)
|
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| |||||||
1 | Sec. 25.16. Any person who is found to have violated any | ||||||
2 | provision of this
Act is guilty of a Class A misdemeanor for | ||||||
3 | the first offense . On conviction of a second or
subsequent | ||||||
4 | offense, the violator shall be guilty of a Class 4 felony.
All | ||||||
5 | criminal fines, monies, or other property collected or received | ||||||
6 | by
the Department under this Section or any other State or | ||||||
7 | federal statute,
including, but not limited to, property | ||||||
8 | forfeited to the Department under
Section 505 of The Illinois | ||||||
9 | Controlled Substances Act or Section 85 of the Methamphetamine | ||||||
10 | Control and Community Protection Act, shall be deposited
into | ||||||
11 | the Professional Regulation Evidence Fund.
| ||||||
12 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
13 | (225 ILCS 115/25.18)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 25.18. Civil penalties for unlicensed practice | ||||||
16 | Penalties .
| ||||||
17 | (a) In addition to any other penalty provided by law, any | ||||||
18 | person who
violates Section 5 of this Act or any other | ||||||
19 | provision of this Act shall , in addition to any other penalty | ||||||
20 | provided by law, forfeit
and pay a civil penalty to the | ||||||
21 | Department in an amount not to exceed $10,000 for
each offense | ||||||
22 | as determined by the Department and the assessment of costs as | ||||||
23 | provided for in Section 25.3 . The civil penalty shall be
| ||||||
24 | assessed by the Department after a hearing is held in | ||||||
25 | accordance with the provisions set forth in
this Act Section |
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| |||||||
1 | 25.3 through Section 25.10 and Section 25.14 .
| ||||||
2 | (b) The Department has the authority and power to | ||||||
3 | investigate any and
all unlicensed activity.
| ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date
of the order imposing the civil penalty. The | ||||||
6 | order shall constitute a judgment
and may be filed and | ||||||
7 | execution had thereon in the same manner as any judgment
from | ||||||
8 | any court of record.
| ||||||
9 | (d) All monies collected under this Section shall be | ||||||
10 | deposited into the
Professional Regulation Evidence Fund.
| ||||||
11 | (Source: P.A. 96-1322, eff. 7-27-10.)
| ||||||
12 | (225 ILCS 115/26) (from Ch. 111, par. 7026)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 26. Home rule. The regulation and licensing as a | ||||||
15 | veterinarian are exclusive powers and functions of the State. A | ||||||
16 | home rule unit may not regulate or license a veterinarian or | ||||||
17 | the practice of veterinary medicine. This Section is a denial | ||||||
18 | and limitation of home rule powers and functions under | ||||||
19 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
20 | Constitution. It is declared to be the public policy of this | ||||||
21 | State, pursuant
to paragraphs (h) and (i) of Section 6 of | ||||||
22 | Article VII of the
Illinois Constitution
of 1970, that any | ||||||
23 | power or function set forth in this Act to be exercised
by the | ||||||
24 | State is an exclusive State power or function. Such power or | ||||||
25 | function
shall not be exercised concurrently, either directly |
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| |||||||
1 | or indirectly, by any
unit of local government, including home | ||||||
2 | rule units, except as otherwise
provided in this Act.
| ||||||
3 | (Source: P.A. 90-655, eff. 7-30-98 .)
| ||||||
4 | (225 ILCS 115/27) (from Ch. 111, par. 7027)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
6 | Sec. 27. Administrative Procedure Act. The Illinois | ||||||
7 | Administrative Procedure
Act is hereby expressly adopted and | ||||||
8 | incorporated into this Act as if all of the
provisions of that | ||||||
9 | Act were included in this Act, except that the provision of
| ||||||
10 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
11 | Procedure Act
that provides that at hearings the licensee or | ||||||
12 | certificate holder has the right
to show compliance with all | ||||||
13 | lawful requirements for retention,
continuation, or renewal of | ||||||
14 | the license or certificate is specifically
excluded. For the | ||||||
15 | purpose of this Act the notice required
under Section 10-25 of | ||||||
16 | the Illinois Administrative Procedure Act
is considered | ||||||
17 | sufficient when mailed to the last known address of record. a | ||||||
18 | party.
| ||||||
19 | (Source: P.A. 88-45; 88-424; 88-670, eff. 12-2-94 .)
| ||||||
20 | (225 ILCS 115/14.2 rep.) | ||||||
21 | (225 ILCS 115/15 rep.)
| ||||||
22 | (225 ILCS 115/19 rep.)
| ||||||
23 | (225 ILCS 115/20 rep.)
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24 | Section 15. The Veterinary Medicine and Surgery Practice |
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1 | Act of 2004 is amended by repealing Sections 14.2, 15, 19, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | 20.
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3 | Section 99. Effective date. This Act takes effect December | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 31, 2013.
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