Public Act 098-0339

HB2517 Enrolled LRB098 10264 MGM 40435 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by changing

Section 4.24 and by adding Section 4.34 as follows:

(5 ILCS 80/4.24)

Sec. 4.24. Acts and Section repealed on January 1, 2014.

The following Acts and Section of an Act are repealed on

January 1, 2014:

The Electrologist Licensing Act.

The Illinois Certified Shorthand Reporters Act of 1984.

The Illinois Occupational Therapy Practice Act.

The Illinois Public Accounting Act.

The Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004.

The Registered Surgical Assistant and Registered Surgical

Technologist Title Protection Act.

Section 2.5 of the Illinois Plumbing License Law.

The Veterinary Medicine and Surgery Practice Act of 2004.

(Source: P.A. 97-1139, eff. 12-28-12.)

(5 ILCS 80/4.34 new)

Sec. 4.34. Act repealed on January 1, 2024. The following

Act is repealed on January 1, 2024:

The Veterinary Medicine and Surgery Practice Act of 2004.

Section 10. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by changing the title of the Act and

Sections 3, 4, 5, 6, 7, 12, 13, 14, 16, 24, 25, 25.1, 25.2,

25.3, 25.4, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10, 25.11, 25.13,

25.14, 25.15, 25.16, 25.18, 26, and 27 and by adding Sections

19.1 and 25.2a as follows:

(225 ILCS 115/3) (from Ch. 111, par. 7003)

(Section scheduled to be repealed on January 1, 2014)

Sec. 3. Definitions. The following terms have the meanings

indicated, unless the context requires otherwise:

"Accredited college of veterinary medicine" means a

veterinary college, school, or division of a university or

college that offers the degree of Doctor of Veterinary Medicine

or its equivalent and that is accredited by the Council on

Education of the American Veterinary Medical Association

(AVMA).

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address, and

those changes must be made either through the Department's

website or by contacting the Department.

"Accredited program in veterinary technology" means any

post-secondary educational program that is accredited by the

AVMA's Committee on Veterinary Technician Education and

Activities or any veterinary technician program that is

recognized as its equivalent by the AVMA's Committee on

Veterinary Technician Education and Activities.

"Animal" means any animal, vertebrate or invertebrate,

other than a human.

"Board" means the Veterinary Licensing and Disciplinary

Board.

"Certified veterinary technician" means a person who is

validly and currently licensed to practice veterinary

technology in this State.

"Client" means an entity, person, group, or corporation

that has entered into an agreement with a veterinarian for the

purposes of obtaining veterinary medical services.

"Complementary, alternative, and integrative therapies"

means a heterogeneous group of diagnostic and therapeutic

philosophies and practices, which at the time they are

performed may differ from current scientific knowledge, or

whose theoretical basis and techniques may diverge from

veterinary medicine routinely taught in accredited veterinary

medical colleges, or both. "Complementary, alternative, and

integrative therapies" include, but are not limited to,

veterinary acupuncture, acutherapy, and acupressure;

veterinary homeopathy; veterinary manual or manipulative

therapy or therapy based on techniques practiced in osteopathy,

chiropractic medicine, or physical medicine and therapy;

veterinary nutraceutical therapy; veterinary phytotherapy; and

other therapies as defined by rule.

"Consultation" means when a veterinarian receives advice

in person, telephonically, electronically, or by any other

method of communication from a veterinarian licensed in this or

any other state or other person whose expertise, in the opinion

of the veterinarian, would benefit a patient. Under any

circumstance, the responsibility for the welfare of the patient

remains with the veterinarian receiving consultation.

"Department" means the Department of Financial and

Professional Regulation.

"Direct supervision" means the supervising veterinarian is

readily available on the premises where the animal is being

treated.

"Immediate supervision" means the supervising veterinarian

is in the immediate area, within audible and visual range of

the animal patient and the person treating the patient.

"Impaired veterinarian" means a veterinarian who is unable

to practice veterinary medicine with reasonable skill and

safety because of a physical or mental disability as evidenced

by a written determination or written consent based on clinical

evidence, including deterioration through the aging process,

loss of motor skills, or abuse of drugs or alcohol of

sufficient degree to diminish a person's ability to deliver

competent patient care.

"Indirect supervision" means the supervising veterinarian

need not be on the premises, but has given either written or

oral instructions for the treatment of the animal and is

available by telephone or other form of communication.

"Licensed veterinarian" means a person who is validly and

currently licensed to practice veterinary medicine in this

State.

"Patient" means an animal that is examined or treated by a

veterinarian.

"Person" means an individual, firm, partnership (general,

limited, or limited liability), association, joint venture,

cooperative, corporation, limited liability company, or any

other group or combination acting in concert, whether or not

acting as a principal, partner, member, trustee, fiduciary,

receiver, or any other kind of legal or personal

representative, or as the successor in interest, assignee,

agent, factor, servant, employee, director, officer, or any

other representative of such person.

"Practice of veterinary medicine" means to diagnose,

prognose, treat, correct, change, alleviate, or prevent animal

disease, illness, pain, deformity, defect, injury, or other

physical, dental, or mental conditions by any method or mode;

including the performance of one or more of the following:

(1) Prescribing, dispensing, administering, applying,

or ordering the administration of any drug, medicine,

biologic, apparatus, anesthetic, or other therapeutic or

diagnostic substance, or medical or surgical technique.

(2) (Blank).

(3) Performing upon an animal a surgical or dental

operation.

(3.5) Performing upon an animal complementary,

alternative, or integrative therapy.

(4) Performing upon an animal any manual or mechanical

procedure for reproductive management, including the

diagnosis or treatment of pregnancy, sterility, or

infertility.

(4.5) The rendering of advice or recommendation by any

means, including telephonic and other electronic

communications, with regard to the performing upon an

animal any manual or mechanical procedure for reproductive

management, including the diagnosis or treatment of

pregnancy, sterility, or infertility.

(5) Determining the health and fitness of an animal.

(6) Representing oneself, directly or indirectly, as

engaging in the practice of veterinary medicine.

(7) Using any word, letters, or title under such

circumstances as to induce the belief that the person using

them is qualified to engage in the practice of veterinary

medicine or any of its branches. Such use shall be prima

facie evidence of the intention to represent oneself as

engaging in the practice of veterinary medicine.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Supervising veterinarian" means a veterinarian who

assumes responsibility for the professional care given to an

animal by a person working under his or her direction in either

an immediate, direct, or indirect supervision arrangement. The

supervising veterinarian must have examined the animal at such

time as acceptable veterinary medical practices requires,

consistent with the particular delegated animal health care

task.

"Therapeutic" means the treatment, control, and prevention

of disease.

"Veterinarian" means a person who is validly and currently

licensed to practice veterinary medicine in this State.

"Veterinarian-client-patient relationship" means that all

of the following conditions have been met:

(1) The veterinarian has assumed the responsibility

for making clinical judgments regarding the health of an

animal and the need for medical treatment and the client,

owner, or other caretaker has agreed to follow the

instructions of the veterinarian;

(2) There is sufficient knowledge of an animal by the

veterinarian to initiate at least a general or preliminary

diagnosis of the medical condition of the animal. This

means that the veterinarian has recently seen and is

personally acquainted with the keeping and care of the

animal by virtue of an examination of the animal or by

medically appropriate and timely visits to the premises

where the animal is kept, or the veterinarian has access to

the animal patient's records and has been designated by the

veterinarian with the prior relationship to provide

reasonable and appropriate medical care if he or she is

unavailable; and

(3) The practicing veterinarian is readily available

for follow-up in case of adverse reactions or failure of

the treatment regimen or, if unavailable, has designated

another available veterinarian who has access to the animal

patient's records to provide reasonable and appropriate

medical care.

"Veterinarian-client-patient relationship" does not mean a

relationship solely based on telephonic or other electronic

communications.

"Veterinary medicine" means all branches and specialties

included within the practice of veterinary medicine.

"Veterinary premises" means any premises or facility where

the practice of veterinary medicine occurs, including, but not

limited to, a mobile clinic, outpatient clinic, satellite

clinic, or veterinary hospital or clinic. "Veterinary

premises" does not mean the premises of a veterinary client,

research facility, a federal military base, or an accredited

college of veterinary medicine.

"Veterinary prescription drugs" means those drugs

restricted to use by or on the order of a licensed veterinarian

in accordance with Section 503(f) of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 353).

"Veterinary specialist" means that a veterinarian is a

diplomate within an AVMA-recognized veterinary specialty

organization.

"Veterinary technology" means the performance of services

within the field of veterinary medicine by a person who, for

compensation or personal profit, is employed by a licensed

veterinarian to perform duties that require an understanding of

veterinary medicine necessary to carry out the orders of the

veterinarian. Those services, however, shall not include

diagnosing, prognosing, writing prescriptions, or surgery.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/4) (from Ch. 111, par. 7004)

(Section scheduled to be repealed on January 1, 2014)

Sec. 4. Exemptions. Nothing in this Act shall apply to any

of the following:

(1) Veterinarians employed by the federal or State

government while engaged in their official duties.

(2) Licensed veterinarians from other states who are

invited to Illinois for consultation by a veterinarian

licensed in Illinois.

(3) Veterinarians employed by colleges or universities

while engaged in the performance of their official duties,

or faculty engaged in animal husbandry or animal management

programs of colleges or universities.

(3.5) A veterinarian or veterinary technician from

another state or country who (A) is not licensed under this

Act; (B) is currently licensed as a veterinarian or

veterinary technician in another state or country, or

otherwise exempt from licensure in the other state; (C) is

an invited guest of a professional veterinary association,

veterinary training program, or continuing education

provider approved by the Department; and (D) engages in

professional education through lectures, clinics, or

demonstrations.

(4) A veterinarian employed by an accredited college of

veterinary medicine providing assistance requested by a

veterinarian licensed in Illinois, acting with informed

consent from the client and acting under the direct or

indirect supervision and control of the licensed

veterinarian. Providing assistance involves hands-on

active participation in the treatment and care of the

patient. The licensed veterinarian shall maintain

responsibility for the veterinarian-client-patient

relationship.

(5) Veterinary students in an accredited college of

veterinary medicine, university, department of a

university, or other institution of veterinary medicine

and surgery engaged in duties assigned by their instructors

or working under the immediate or direct supervision of a

licensed veterinarian.

(5.5) Students of an accredited program in veterinary

technology performing veterinary technology duties or

actions assigned by instructors or working under the

immediate or direct supervision of a licensed

veterinarian.

(6) Any person engaged in bona fide scientific research

which requires the use of animals.

(7) An owner of livestock and any of the owner's

employees or the owner and employees of a service and care

provider of livestock caring for and treating livestock

belonging to the owner or under a provider's care,

including but not limited to, the performance of husbandry

and livestock management practices such as dehorning,

castration, emasculation, or docking of cattle, horses,

sheep, goats, and swine, artificial insemination, and

drawing of semen. Nor shall this Act be construed to

prohibit any person from administering in a humane manner

medicinal or surgical treatment to any livestock in the

care of such person. However, any such services shall

comply with the Humane Care for Animals Act.

(8) An owner of an animal, or an agent of the owner

acting with the owner's approval, in caring for, training,

or treating an animal belonging to the owner, so long as

that individual or agent does not represent himself or

herself as a veterinarian or use any title associated with

the practice of veterinary medicine or surgery or diagnose,

prescribe drugs, or perform surgery. The agent shall

provide the owner with a written statement summarizing the

nature of the services provided and obtain a signed

acknowledgment from the owner that they accept the services

provided. The services shall comply with the Humane Care

for Animals Act. The provisions of this item (8) do not

apply to a person who is exempt under item (7).

(9) A member in good standing of another licensed or

regulated profession within any state or a member of an

organization or group approved by the Department by rule

providing assistance that is requested in writing by a

veterinarian licensed in this State acting within a

veterinarian-client-patient relationship and with informed

consent from the client and the member is acting under the

immediate, direct, or indirect supervision and control of

the licensed veterinarian. Providing assistance involves

hands-on active participation in the treatment and care of

the patient, as defined by rule. The licensed veterinarian

shall maintain responsibility for the

veterinarian-client-patient relationship, but shall be

immune from liability, except for willful and wanton

conduct, in any civil or criminal action if a member

providing assistance does not meet the requirements of this

item (9).

(10) A graduate of a non-accredited college of

veterinary medicine who is in the process of obtaining a

certificate of educational equivalence and is performing

duties or actions assigned by instructors in an approved

college of veterinary medicine.

(10.5) A veterinarian who is enrolled in a postgraduate

instructional program in an accredited college of

veterinary medicine performing duties or actions assigned

by instructors or working under the immediate or direct

supervision of a licensed veterinarian or a faculty member

of the College of Veterinary Medicine at the University of

Illinois.

(11) A certified euthanasia technician who is

authorized to perform euthanasia in the course and scope of

his or her employment only as permitted by the Humane

Euthanasia in Animal Shelters Act.

(12) A person who, without expectation of

compensation, provides emergency veterinary care in an

emergency or disaster situation so long as he or she does

not represent himself or herself as a veterinarian or use a

title or degree pertaining to the practice of veterinary

medicine and surgery.

(13) Any certified veterinary technician or other

employee of a licensed veterinarian performing permitted

duties other than diagnosis, prognosis, prescription, or

surgery under the appropriate direction and supervision of

the veterinarian, who shall be responsible for the

performance of the employee.

(13.5) Any pharmacist licensed in the State, merchant,

or manufacturer selling at his or her regular place of

business medicines, feed, appliances, or other products

used in the prevention or treatment of animal diseases as

permitted by law and provided that the services he or she

provides do not include diagnosing, prognosing, writing

prescriptions, or surgery.

(14) An approved humane investigator regulated under

the Humane Care for Animals Act or employee of a shelter

licensed under the Animal Welfare Act, working under the

indirect supervision of a licensed veterinarian.

(15) An individual providing equine dentistry services

requested by a veterinarian licensed to practice in this

State, an owner, or an owner's agent. For the purposes of

this item (15), "equine dentistry services" means floating

teeth without the use of drugs or extraction.

(15.5) In the event of an emergency or disaster, a

veterinarian or veterinary technician not licensed in this

State who (A) is responding to a request for assistance

from the Illinois Department of Agriculture, the Illinois

Department of Public Health, the Illinois Emergency

Management Agency, or other State agency as determined by

the Department; (B) is licensed and in good standing in

another state; and (C) has been granted a temporary waiver

from licensure by the Department.

(16) Private treaty sale of animals unless otherwise

provided by law.

(17) Persons or entities practicing the specified

occupations set forth in subsection (a) of, and pursuant to

a licensing exemption granted in subsection (b) or (d) of,

Section 2105-350 of the Department of Professional

Regulation Law of the Civil Administrative Code of

Illinois, but only for so long as the 2016 Olympic and

Paralympic Games Professional Licensure Exemption Law is

operable.

(Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)

(225 ILCS 115/5) (from Ch. 111, par. 7005)

(Section scheduled to be repealed on January 1, 2014)

Sec. 5. Restrictions and limitations. No person shall

practice veterinary medicine and surgery in any of its branches

without a valid license to do so. Any person not licensed under

this Act who performs any of the functions described as the

practice of veterinary medicine or surgery as defined in this

Act, who announces to the public in any way an intention to

practice veterinary medicine and surgery, who uses the title

Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D.,

or who opens an office, hospital, or clinic for such purposes

is considered to have violated this Act and may be subject to

all the penalties provided for such violations.

It shall be unlawful for any person who is not licensed in

this State to provide veterinary medical services from any

state to a client or patient in this State through telephonic,

electronic, or other means, except where a bonafide

veterinarian-client-patient relationship exists.

Nothing in this Act shall be construed to prevent members

of other professions from performing functions for which they

are duly licensed, subject to the requirements of Section 4 of

this Act. Other professionals may not, however, hold themselves

out or refer to themselves by any title or descriptions stating

or implying that they are engaged in the practice of veterinary

medicine or that they are licensed to engage in the practice of

veterinary medicine.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/6) (from Ch. 111, par. 7006)

(Section scheduled to be repealed on January 1, 2014)

Sec. 6. Administration of Act.

(a) The Department shall exercise the powers and duties

prescribed by the Civil Administrative Code of Illinois for the

administration of licensing Acts and shall exercise any other

powers and duties necessary for effectuating the purpose of

this Act.

(b) The Secretary may shall adopt rules consistent with the

provisions of this Act for the administration and enforcement

thereof, and for the payment of fees connected therewith, and

may prescribe forms that shall be issued in connection

therewith. The rules may shall include standards and criteria

for licensure, certification, and professional conduct and

discipline. The Department may shall consult with the Board in

promulgating rules. Notice of proposed rulemaking shall be

transmitted to the Board and the Department shall review the

Board's response and any recommendations made therein. The

Department shall notify the Board in writing with an

explanation of the deviations in the Board's recommendations

and responses.

(c) The Department may shall solicit the advice and expert

knowledge of the Board on any matter relating to the

administration and enforcement of this Act.

(d) The Department shall issue quarterly to the Board a

report of the status of all complaints related to the

profession received by the Department.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/7) (from Ch. 111, par. 7007)

(Section scheduled to be repealed on January 1, 2014)

Sec. 7. Veterinarian Licensing and Disciplinary Board. The

Secretary shall appoint a Veterinarian Licensing and

Disciplinary Board as follows: 7 persons shall be appointed by

and shall serve in an advisory capacity to the Secretary, 6

members must be licensed, in good standing, veterinarians in

this State, and must be actively engaged in the practice of

veterinary medicine and surgery in this State, and one member

must be a member of the public who is not licensed under this

Act, or a similar Act of another jurisdiction and who has no

connection with the veterinary profession.

Members shall serve 4-year 4 year terms and until their

successors are appointed and qualified, except that of the

initial appointments, one member shall be appointed to serve

for one year, 2 shall be appointed to serve for 2 years, 2

shall be appointed to serve for 3 years, and the remaining, one

of which shall be a public member, shall be appointed to serve

for 4 years and until their successors are appointed and

qualified. No member shall be reappointed to the Board for more

than 2 full, consecutive terms. Appointments to fill vacancies

shall be made in the same manner as original appointments, for

the unexpired portion of the vacated term. Initial terms shall

begin upon the effective date of this Act.

The membership of the Board should reasonably reflect

representation from the geographic areas in this State. The

Secretary shall consider the recommendations made by the State

Veterinary Medical Association in making appointments.

Four members of the Board shall constitute a quorum. A

quorum is required for all Board decisions.

The Secretary shall have the authority to remove or suspend

any member of the Board for cause at any time before the

expiration of his or her term. may terminate the appointment of

any member for cause which in the opinion of the Secretary

reasonably justifies such termination.

The Board shall annually elect a Chairman who shall be a

Veterinarian.

The Secretary shall consider the advice and

recommendations of the Board on questions involving standards

of professional conduct, discipline and qualifications of

candidates and licensees under this Act.

Members of the Board shall be entitled to receive a per

diem at a rate set by the Secretary and shall be reimbursed for

all legitimate, necessary, and authorized expenses incurred in

the attending the meetings of the Board. exercise of their

duties.

Members of the Board have no liability in any action based

upon any disciplinary proceeding or other activity performed in

good faith as a member of the Board.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/12) (from Ch. 111, par. 7012)

(Section scheduled to be repealed on January 1, 2014)

Sec. 12. Renewal and inactive status; restoration;

military service. Inactive status.

(a) The expiration date and renewal period for each license

or certificate shall be set by rule.

(b) A licensee who has permitted his or her license to

expire or who has had his or her license on inactive status may

have the license restored by making application to the

Department by filing proof acceptable to the Department of his

or her fitness to have the license restored and by paying the

required fees. Proof of fitness may include sworn evidence

certifying to active lawful practice in another jurisdiction.

If the licensee has not maintained an active practice in

another jurisdiction satisfactory to the Department, the

Department shall determine, by an evaluation program

established by rule, his or her fitness for restoration of the

license and shall establish procedures and requirements for

restoration.

(c) A licensee whose license expired while he or she was

(1) in federal service on active duty with the Armed Forces of

the United States or the State Militia called into service or

training or (2) in training or education under the supervision

of the United States before induction into the military

service, may have the license restored without paying any

lapsed renewal fees if within 2 years after honorable

termination of the service, training, or education he or she

furnishes the Department with satisfactory evidence to the

effect that he or she has been so engaged and that his or her

service, training, or education has been so terminated.

(d) Any licensee veterinarian or certified veterinary

technician who notifies the Department in writing on the

prescribed form may place his or her license or certification

on an inactive status and shall, subject to rule, be exempt

from payment of the renewal fee and compliance with the

continuing education requirements until he or she notifies the

Department in writing of his or her intention to resume active

status.

(e) Any veterinarian or certified veterinary technician

requesting restoration from inactive or expired status shall be

required to complete the continuing education requirements for

a single license or certificate renewal period, pursuant to

rule, and pay the current renewal fee to restore his or her

license or certification as provided in this Act.

(f) Any licensee veterinarian whose license is in inactive,

expired, or suspended status shall not practice veterinary

medicine and surgery in this State.

A graduate of a non-approved veterinary school who was

issued a work permit by the Department before the effective

date of this amendatory Act of the 93rd General Assembly may

continue to work under the direct supervision of a licensed

veterinarian until the expiration of his or her permit.

(Source: P.A. 93-281, eff. 12-31-03.)

(225 ILCS 115/13) (from Ch. 111, par. 7013)

(Section scheduled to be repealed on January 1, 2014)

Sec. 13. Licensure without examination; endorsement. The

Department may license register as a licensed veterinarian or

certified veterinary technician, without examination, but upon

payment of the required fee, an applicant who has a license or

certificate in good standing to practice in another

jurisdiction. However, the requirements for licensure of

veterinarians and certified veterinary technicians in the

jurisdiction in which the applicant was licensed must have

been, at the date of licensure, substantially equivalent to the

requirements in force in this State on that date.

Applicants have 3 years from the date of application to

complete the application process. If the process has not been

completed in 3 years, the application shall be denied, the fee

forfeited and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

(Source: P.A. 88-424.)

(225 ILCS 115/14) (from Ch. 111, par. 7014)

(Section scheduled to be repealed on January 1, 2014)

Sec. 14. Fees. The Department shall provide by rule for a

schedule of fees for the administration and enforcement of this

Act, including but not limited to original licensure, renewal,

and restoration of a license issued under this Act. The fees

shall be nonrefundable.

All fees, fines, and penalties collected under this Act

shall be deposited into the General Professions Dedicated Fund

and shall be appropriated to the Department for the ordinary

and contingent expenses of the Department in the administration

of this Act.

(Source: P.A. 91-454, eff. 1-1-00.)

(225 ILCS 115/16) (from Ch. 111, par. 7016)

(Section scheduled to be repealed on January 1, 2014)

Sec. 16. Continuing education. As a condition for renewal

of a license, licensees shall be required to complete

continuing education in veterinary medicine in accordance with

rules established by the Department. Proof of having met the

minimum requirements of continuing education as determined by

the Board shall be required of all license and certificate

renewals and restorations. Pursuant to rule, the continuing

education requirements may upon petition be waived in whole or

in part if the veterinarian or veterinary technician can

demonstrate that he or she had served in the Coast Guard or

Armed Forces, had an extreme hardship or obtained such license

or certification by examination or endorsement within the

preceding renewal period.

The Department shall establish by rule a means for the

verification of completion of the continuing education

required by this Section. This verification may be accomplished

through audits of records maintained by registrants; by

requiring the filing of continuing education certificates with

the Department; or by other means established by the

Department.

(Source: P.A. 92-84, eff. 7-1-02.)

(225 ILCS 115/19.1 new)

Sec. 19.1. Authority to dispense drugs in emergency

situations.

(a) A veterinarian licensed under this Act, in the absence

of a traditional veterinarian-client-patient relationship, may

dispense up to 5 days worth of non-controlled substance

medication or up to 3 days worth of controlled substance

medication in an emergency situation if:

(1) the pet has a medical condition that has been

diagnosed by another licensed veterinarian, who then

prescribed medication that, if ceased or skipped, could

result in a decline of the pet's condition or could be

deleterious to the pet's health;

(2) the current veterinarian who prescribed the

medication is unavailable to issue a refill within a timely

manner or the client is not in reasonable proximity to the

initial prescriber to obtain a refill within a timely

manner; and

(3) the client has evidence and can produce evidence of

the ongoing medical need for the prescription, either in

the form of the medical records or most recent prescription

vial or a phone number or other means in which to reach the

current prescriber.

(b) The second veterinarian must keep a record containing:

(1) the name, address, and contact or phone number of

the owner and initial prescriber;

(2) the name, age, sex, and breed of the pet in

question;

(3) the name, strength, and quantity of medication

dispensed, along with use instructions; and

(4) the medical condition and reason medication is

being dispensed.

(c) A maximum of 5 days of medication may be dispensed per

patient per year. All dispensed medication must be properly

labeled and dispensed to the owner. Notification of the

dispensing shall be communicated to the initial prescriber by

the dispensing veterinarian.

(d) A veterinarian shall not be required to dispense

medication under this provision.

(225 ILCS 115/24) (from Ch. 111, par. 7024)

(Section scheduled to be repealed on January 1, 2014)

Sec. 24. Any person licensed under this Act may advertise

the availability of professional services in the public media

or on the premises where such professional services are

rendered as permitted by law; provided that such advertising is

truthful and not misleading and is in conformity with rules

promulgated by the Department. Advertisements shall not

include false, fraudulent, deceptive, or misleading material

or guarantees of success.

(Source: P.A. 83-1016.)

(225 ILCS 115/25) (from Ch. 111, par. 7025)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25. Disciplinary actions.

1. The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 $1,000 for each violation and the assessment of costs

as provided for in Section 25.3 of this Act, with regard to any

license or certificate for any one or combination of the

following:

A. Material misstatement in furnishing information to

the Department.

B. Violations of this Act, or of the rules adopted

pursuant to this Act.

C. Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty, or that is directly related to the

practice of the profession. of any crime under the laws of

the United States or any state or territory of the United

States that is a felony or that is a misdemeanor, an

essential element of which is dishonesty, or of any crime

that is directly related to the practice of the profession.

D. Fraud or Making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act. for

the purpose of obtaining licensure or certification, or

violating any provision of this Act or the rules adopted

pursuant to this Act pertaining to advertising.

E. Professional incompetence.

F. Malpractice. Gross malpractice.

G. Aiding or assisting another person in violating any

provision of this Act or rules.

H. Failing, within 60 days, to provide information in

response to a written request made by the Department.

I. Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

J. Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol addiction to

alcohol, narcotics, stimulants, or any other substance

chemical agent or drug that results in the inability to

practice with reasonable judgment, skill, or safety.

K. Discipline by another state, unit of government,

government agency, District of Columbia, territory, or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein.

L. Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered. Directly or

indirectly giving to or receiving from any person, firm,

corporation, partnership or association any fee,

commission, rebate, or other form of compensation for

professional services not actually or personally rendered.

M. A finding by the Board that the licensee or

certificate holder, after having his license or

certificate placed on probationary status, has violated

the terms of probation.

N. Willfully making or filing false records or reports

in his practice, including but not limited to false records

filed with State agencies or departments.

O. Physical illness, including but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under this

Act the profession with reasonable judgment, skill, or

safety.

P. Solicitation of professional services other than

permitted advertising.

Q. Allowing one's license under this Act to be used by

an unlicensed person in violation of this Act. Having

professional connection with or lending one's name,

directly or indirectly, to any illegal practitioner of

veterinary medicine and surgery and the various branches

thereof.

R. Conviction of or cash compromise of a charge or

violation of the Harrison Act or the Illinois Controlled

Substances Act, regulating narcotics.

S. Fraud or dishonesty in applying, treating, or

reporting on tuberculin or other biological tests.

T. Failing to report, as required by law, or making

false report of any contagious or infectious diseases.

U. Fraudulent use or misuse of any health certificate,

shipping certificate, brand inspection certificate, or

other blank forms used in practice that might lead to the

dissemination of disease or the transportation of diseased

animals dead or alive; or dilatory methods, willful

neglect, or misrepresentation in the inspection of milk,

meat, poultry, and the by-products thereof.

V. Conviction on a charge of cruelty to animals.

W. Failure to keep one's premises and all equipment

therein in a clean and sanitary condition.

X. Failure to provide satisfactory proof of having

participated in approved continuing education programs.

Y. Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety. Failure to (i) file a return,

(ii) pay the tax, penalty, or interest shown in a filed

return, or (iii) pay any final assessment of tax, penalty,

or interest, as required by any tax Act administered by the

Illinois Department of Revenue, until the requirements of

that tax Act are satisfied.

Z. Conviction by any court of competent jurisdiction,

either within or outside this State, of any violation of

any law governing the practice of veterinary medicine, if

the Department determines, after investigation, that the

person has not been sufficiently rehabilitated to warrant

the public trust.

AA. Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in any manner

to exploit the client for financial gain of the

veterinarian.

BB. Gross, willful, or continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not rendered.

CC. Practicing under a false or, except as provided by

law, an assumed name.

DD. Violating state or federal laws or regulations

relating to controlled substances or legend drugs. Fraud or

misrepresentation in applying for, or procuring, a license

under this Act or in connection with applying for renewal

of a license under this Act.

EE. Cheating on or attempting to subvert the licensing

examination administered under this Act.

FF. Using, prescribing, or selling a prescription drug

or the extra-label use of a prescription drug by any means

in the absence of a valid veterinarian-client-patient

relationship.

GG. Failing to report a case of suspected aggravated

cruelty, torture, or animal fighting pursuant to Section

3.07 or 4.01 of the Humane Care for Animals Act or Section

26-5 or 48-1 of the Criminal Code of 1961 or the Criminal

Code of 2012.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

2. The determination by a circuit court that a licensee or

certificate holder is subject to involuntary admission or

judicial admission as provided in the Mental Health and

Developmental Disabilities Code operates as an automatic

suspension. The suspension will end only upon a finding by a

court that the patient is no longer subject to involuntary

admission or judicial admission and issues an order so finding

and discharging the patient. In any case where a license is

suspended under this provision, the licensee shall file a

petition for restoration and shall include evidence acceptable

to the Department that the licensee can resume practice in

compliance with acceptable and prevailing standards of their

profession. ; and upon the recommendation of the Board to the

Secretary that the licensee or certificate holder be allowed to

resume his practice.

3. All proceedings to suspend, revoke, place on

probationary status, or take any other disciplinary action as

the Department may deem proper, with regard to a license or

certificate on any of the foregoing grounds, must be commenced

within 5 3 years after receipt by the Department of a complaint

alleging the commission of or notice of the conviction order

for any of the acts described in this Section. Except for

proceedings brought for violations of items (CC), (DD), or

(EE), no action shall be commenced more than 5 years after the

date of the incident or act alleged to have violated this

Section. In the event of the settlement of any claim or cause

of action in favor of the claimant or the reduction to final

judgment of any civil action in favor of the plaintiff, the

claim, cause of action, or civil action being grounded on the

allegation that a person licensed or certified under this Act

was negligent in providing care, the Department shall have an

additional period of one year from the date of the settlement

or final judgment in which to investigate and begin formal

disciplinary proceedings under Section 25.2 of this Act, except

as otherwise provided by law. The time during which the holder

of the license or certificate was outside the State of Illinois

shall not be included within any period of time limiting the

commencement of disciplinary action by the Department.

4. The Department may refuse to issue or may suspend

without hearing, as provided for in the Illinois Code of Civil

Procedure, take disciplinary action concerning the license of

any person who fails to file a return, to pay the tax, penalty,

or interest shown in a filed return, or to pay any final

assessment of tax, penalty, or interest as required by any tax

Act administered by the Illinois Department of Revenue, until

such time as the requirements of any such tax Act are satisfied

in accordance with subsection (g) of Section 2105-15 of the

Civil Administrative Code of Illinois. as determined by the

Department of Revenue.

5. In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is registered under this Act or any individual who has applied

for registration to submit to a mental or physical examination

or evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the registrant or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the registrant or applicant ordered to

undergo an evaluation and examination for the examining

physician or any member of the multidisciplinary team to

provide information, reports, records, or other documents or to

provide any testimony regarding the examination and

evaluation. The individual to be examined may have, at his or

her own expense, another physician of his or her choice present

during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a registrant unable to practice because of the reasons

set forth in this Section, the Department shall require such

registrant to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed registration.

In instances in which the Secretary immediately suspends a

registration under this Section, a hearing upon such person's

registration must be convened by the Department within 15 days

after such suspension and completed without appreciable delay.

The Department shall have the authority to review the

registrant's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

Individuals registered under this Act that are affected

under this Section, shall be afforded an opportunity to

demonstrate to the Department that they can resume practice in

compliance with acceptable and prevailing standards under the

provisions of their registration. the Board, upon a showing of

a possible violation, may compel a licensee or applicant to

submit to a mental or physical examination, or both, as

required by and at the expense of the Department. The examining

physicians or clinical psychologists shall be those

specifically designated by the Board. The Board or the

Department may order (i) the examining physician to present

testimony concerning the mental or physical examination of a

licensee or applicant or (ii) the examining clinical

psychologist to present testimony concerning the mental

examination of a licensee or applicant. No information shall be

excluded by reason of any common law or statutory privilege

relating to communications between a licensee or applicant and

the examining physician or clinical psychologist. An

individual to be examined may have, at his or her own expense,

another physician or clinical psychologist of his or her choice

present during all aspects of the examination. Failure of an

individual to submit to a mental or physical examination, when

directed, is grounds for suspension of his or her license. The

license must remain suspended until the person submits to the

examination or the Board finds, after notice and hearing, that

the refusal to submit to the examination was with reasonable

cause.

If the Board finds an individual unable to practice because

of the reasons set forth in this Section, the Board must

require the individual to submit to care, counseling, or

treatment by a physician or clinical psychologist approved by

the Board, as a condition, term, or restriction for continued,

reinstated, or renewed licensure to practice. In lieu of care,

counseling, or treatment, the Board may recommend that the

Department file a complaint to immediately suspend or revoke

the license of the individual or otherwise discipline the

licensee.

Any individual whose license was granted, continued,

reinstated, or renewed subject to conditions, terms, or

restrictions, as provided for in this Section, or any

individual who was disciplined or placed on supervision

pursuant to this Section must be referred to the Secretary for

a determination as to whether the person shall have his or her

license suspended immediately, pending a hearing by the Board.

6. The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

7. In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 1205-15 of the Civil

Administrative Code of Illinois.

(Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13;

97-1150, eff. 1-25-13.)

(225 ILCS 115/25.1) (from Ch. 111, par. 7025.1)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.1. Injunctive actions; orders to cease and desist.

(a) If any person violates a provision of this Act, the

Secretary may, in the name of the People of the State of

Illinois, through the Attorney General of the State of Illinois

or the State's Attorney of the county in which the violation is

alleged to have occurred, petition, for an order enjoining such

violation or for an order enforcing compliance with this Act.

Upon the filing of a verified petition in such court, the court

may issue a temporary restraining order, without notice or

bond, and may preliminarily and permanently enjoin such

violation, and if it is established that such person has

violated or is violating the injunction, the court may punish

the offender for contempt of court. Proceedings under this

Section shall be in addition to, and not in lieu of, all other

remedies and penalties provided by this Act.

(b) If any person practices shall practice as a

veterinarian or hold himself or herself out as a veterinarian

without being licensed under the provision of this Act then any

licensed veterinarian, any interested party or any person

injured thereby may, in addition to the Secretary, petition for

relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against him or her. The rule shall clearly set forth

the grounds relied upon by the Department and shall provide a

period of 7 days from the date of the rule to file an answer to

the satisfaction of the Department. Failure to answer to the

satisfaction of the Department shall cause an order to cease

and desist to be issued forthwith.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.2. Investigation; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons holding or claiming to hold a license or

certificate. The Department shall, before refusing to issue, to

renew or discipline a license or certificate under Section 25,

at least 30 days prior to the date set for the hearing, notify

the applicant or licensee in writing the applicant for, or

holder of, a license or certificate of the nature of the

charges and the time and place for that a hearing will be held

on the charges date designated. The Department shall direct the

applicant, certificate holder, or licensee to file a written

answer to the charges with to the Board under oath within 20

days after the service of the notice and inform the applicant,

certificate holder, or licensee that failure to file an answer

will result in default being taken against the applicant,

certificate holder, or licensee. At the time and place fixed in

the notice, the Department shall proceed to hear the charges

and the parties or their counsel shall be accorded ample

opportunity to present any pertinent statements, testimony,

evidence, and arguments. The Department may continue the

hearing from time to time. In case the person, after receiving

the notice, fails to file an answer, his or her license may, in

the discretion of the Department, be revoked, suspended, placed

on probationary status, or the Department may take whatever

disciplinary action considered proper, including limiting the

scope, nature, or extent of the person's practice or the

imposition of a fine, without a hearing, if the act or acts

charged constitute sufficient grounds for that action under the

Act. The written notice and any notice in the subsequent

proceeding may be served by registered or certified mail to the

licensee's address of record. and that the license or

certificate may be suspended, revoked, placed on probationary

status, or other disciplinary action may be taken, including

limiting the scope, nature or extent of practice, as the

Secretary may deem proper. Written notice may be served by

personal delivery or certified or registered mail to the

respondent at the address of his last notification to the

Department. In case the person fails to file an answer after

receiving notice, his or her license or certificate may, in the

discretion of the Department, be suspended, revoked, or placed

on probationary status, or the Department may take whatever

disciplinary action deemed proper, including limiting the

scope, nature, or extent of the person's practice or the

imposition of a fine, without a hearing, if the act or acts

charged constitute sufficient grounds for such action under

this Act. At the time and place fixed in the notice, the Board

shall proceed to hear the charges and the parties or their

counsel shall be accorded ample opportunity to present any

statements, testimony, evidence, and argument pertinent to the

charges or to their defense. The Board may continue a hearing

from time to time.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.2a new)

Sec. 25.2a. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or to a party

presenting a lawful subpoena to the Department. Information and

documents disclosed to a federal, State, county, or local law

enforcement agency shall not be disclosed by the agency for any

purpose to any other agency or person. A formal complaint filed

against a licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

(225 ILCS 115/25.3) (from Ch. 111, par. 7025.3)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.3. Records of proceedings. The Department, at its

expense, shall preserve a record of all proceedings at the

formal hearing of any case involving the refusal to issue,

renew or discipline of a license or certificate. The notice of

hearing, complaint and all other documents in the nature of

pleadings and written motions filed in the proceedings, the

transcript of testimony, the report of the Board and orders of

the Department shall be the record of such proceeding. Any

registrant who is found to have violated this Act or who fails

to appear for a hearing to refuse to issue, restore, or renew a

license or to discipline a licensee may be required by the

Department to pay for the costs of the proceeding. These costs

are limited to costs for court reporters, transcripts, and

witness attendance and mileage fees. All costs imposed under

this Section shall be paid within 60 days after the effective

date of the order imposing the fine.

(Source: P.A. 88-424.)

(225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.4. The Department may shall have the power to

subpoena and bring before it any person in this State and to

take the oral or written testimony or compel the production of

any books, papers, records, or any other documents that the

Secretary or his or her designee deems relevant or material to

an investigation or hearing conducted by the Department either

orally or by deposition, or both, with the same fees and

mileage and in the same manner as prescribed by law in judicial

procedure in civil cases in courts of this State.

The Secretary, the designated hearing officer, any and

every member of the Board, or a certified shorthand court

reporter may shall have power to administer oaths to witnesses

at any hearing which the Department conducts is authorized by

law to conduct, and any other oaths required or authorized in

any Act administered by the Department. Notwithstanding any

other statute or Department rule to the contrary, all requests

for testimony, production of documents or records shall be in

accordance with this Act.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.5) (from Ch. 111, par. 7025.5)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.5. Any circuit court may, upon application of the

Department or designee or of the applicant or licensee against

whom proceedings upon Section 25 of this Act are pending, may

enter an order requiring the attendance and testimony of

witnesses and their testimony, and the production of relevant

documents, papers, files, books and records in connection with

any hearing or investigation. The court may compel obedience to

its order by proceedings for contempt.

(Source: P.A. 83-1016.)

(225 ILCS 115/25.6) (from Ch. 111, par. 7025.6)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.6. Board Written report. At the conclusion of the

hearing the Board shall present to the Secretary a written

report of its findings of fact, conclusions of law, and

recommendations. The report shall contain a finding whether or

not the accused person violated this Act or failed to comply

with the conditions required in this Act. The Board shall

specify the nature of the violation or failure to comply, and

shall make its recommendations to the Secretary.

The report of findings of fact, conclusions of law and

recommendation of the Board shall be the basis for the

Department's order for refusing to issue, restore, or renew a

license, or otherwise disciplining a licensee, or refusal or

for the granting of a license, certificate, or permit. If the

Secretary disagrees in any regard with the report of the Board,

then the Secretary may issue an order in contravention thereof.

The Secretary shall provide a written report to the Board on

any deviation, and shall specify with particularity the reasons

for the action in the final order. The finding is not

admissible in evidence against the person in a criminal

prosecution brought for the violation of this Act, but the

hearing and finding are not a bar to a criminal prosecution

brought for the violation of this Act.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.7) (from Ch. 111, par. 7025.7)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.7. Motion for rehearing; procedure Procedure upon

refusal to license or issue certificate. In any hearing case

under Section 25 involving the refusal to issue, renew, or

discipline a license or certificate, a copy of the Board's

report shall be served upon the respondent by the Department,

either personally or as provided in this Act for the service of

the notice of hearing. Within 20 days after service, the

respondent may present to the Department a motion in writing

for a rehearing. The motion shall specify the particular

grounds for the rehearing. If no motion for rehearing is filed,

then upon the expiration of the time specified for filing a

motion, or if a motion for rehearing is denied, then upon the

denial, then the Secretary may enter an order in accordance

with recommendations of the Board except as provided in Section

25.6 of this Act. If the respondent orders from the reporting

service, and pays for a transcript of the record within the

time for filing a motion for rehearing, the 20 day period

within which such a motion may be filed shall commence upon the

delivery of the transcript to the respondent.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.8) (from Ch. 111, par. 7025.8)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.8. Rehearing ordered by Secretary. Whenever the

Secretary is not satisfied that substantial justice has not

been done in the revocation, suspension, or refusal to issue or

renew a license or certificate, the Secretary may order a

rehearing by the Board or a designated hearing officer.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.9) (from Ch. 111, par. 7025.9)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.9. Hearing officers; reports; review. The

Notwithstanding the provisions of Section 25.2 of this Act, the

Secretary shall have the authority to appoint any attorney duly

licensed to practice law in the State of Illinois to serve as

the hearing officer in any action for refusal to issue, renew,

or discipline of a license, certificate, or permit. The

Secretary shall notify the Board of any appointment. The

hearing officer shall have full authority to conduct the

hearing. The hearing officer shall report his or her findings

of fact, conclusions of law, and recommendations to the Board

and the Secretary. The Board shall have 60 days from receipt of

the report to review the report of the hearing officer and

present its findings of fact, conclusions of law, and

recommendations to the Secretary. If the Board fails to present

its report within the 60 day period, then the Secretary may

issue an order based on the report of the hearing officer. If

the Secretary disagrees in any regard with the recommendation

report of the Board or hearing officer, then the Secretary may

issue an order in contravention of the report. The Secretary

shall provide a written explanation to the Board on any

deviation, and shall specify with particularity the reasons for

the action in the final order. At least 2 licensed veterinarian

members of the Board should be present at all formal hearings

on the merits of complaints brought under the provisions of

this Act.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.10. Order or certified copy; prima facie proof. An

order or a certified copy thereof, over the seal of the

Department and purporting to be signed by the Secretary, shall

be prima facie proof that:

(a) the signature is the genuine signature of the

Secretary; and

(b) the Secretary is duly appointed and qualified. ;

and

(c) the Board and the members thereof are qualified to

act.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.11) (from Ch. 111, par. 7025.11)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.11. Restoration of license or certificate from

discipline. At any time after successful completion of a term

of indefinite probation, suspension, or revocation of a

license, the Department may restore the license, unless, after

an investigation and a hearing, the Secretary determines that

restoration is not in the public interest or that the licensee

has not been sufficiently rehabilitated to warrant the public

trust. No person or entity whose license, certificate, or

authority has been revoked as authorized in this Act may apply

for restoration of that license, certification, or authority

until such time as provided for in the Civil Administrative

Code of Illinois. the suspension or revocation of any license

or certificate, the Department may restore it to the accused

person, upon the written recommendation of the Board unless

after an investigation and a hearing, the Department determines

that restoration is not in the public interest.

(Source: P.A. 88-424.)

(225 ILCS 115/25.13) (from Ch. 111, par. 7025.13)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.13. Summary suspension. The Secretary may

summarily temporarily suspend the license of a licensee

veterinarian without a hearing, simultaneously with the

institution of proceedings for a hearing provided for in

Section 25.2 of this Act, if the Secretary finds that the

evidence in his possession indicates that a licensee's

veterinarian's continuation in practice would constitute an

imminent danger to the public. In the event that the Secretary

summarily suspends, temporarily, the license of a veterinarian

without a hearing, a hearing shall be commenced by the Board

must be held within 30 days after such suspension has occurred

and shall be concluded as expeditiously as possible.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/25.14) (from Ch. 111, par. 7025.14)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.14. All final administrative decisions of the

Department are subject to judicial review pursuant to the

provisions of the Administrative Review Law, as now or

hereafter amended, and all rules adopted pursuant thereto. The

term "administrative decision" is defined as in Section 3-101

of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the

circuit court of the county in which the party applying for

review resides; but if the party is not a resident of this

State, venue shall be Sangamon County.

(Source: P.A. 83-101.)

(225 ILCS 115/25.15) (from Ch. 111, par. 7025.15)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.15. Certification of record. The Department shall

not be required to certify any record to the Court or file any

answer in court or otherwise appear in any court in a judicial

review proceeding, unless and until the Department has received

from the plaintiff there is filed in the court, with the

complaint, a receipt from the Department acknowledging payment

of the costs of furnishing and certifying the record, which

costs shall be determined by the Department. Exhibits shall be

certified without cost. Failure on the part of the plaintiff to

file a receipt in Court shall be grounds for dismissal of the

action.

(Source: P.A. 87-1031.)

(225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.16. Any person who is found to have violated any

provision of this Act is guilty of a Class A misdemeanor for

the first offense. On conviction of a second or subsequent

offense, the violator shall be guilty of a Class 4 felony. All

criminal fines, monies, or other property collected or received

by the Department under this Section or any other State or

federal statute, including, but not limited to, property

forfeited to the Department under Section 505 of The Illinois

Controlled Substances Act or Section 85 of the Methamphetamine

Control and Community Protection Act, shall be deposited into

the Professional Regulation Evidence Fund.

(Source: P.A. 94-556, eff. 9-11-05.)

(225 ILCS 115/25.18)

(Section scheduled to be repealed on January 1, 2014)

Sec. 25.18. Civil penalties for unlicensed practice

Penalties.

(a) In addition to any other penalty provided by law, any

person who violates Section 5 of this Act or any other

provision of this Act shall, in addition to any other penalty

provided by law, forfeit and pay a civil penalty to the

Department in an amount not to exceed $10,000 for each offense

as determined by the Department and the assessment of costs as

provided for in Section 25.3. The civil penalty shall be

assessed by the Department after a hearing is held in

accordance with the provisions set forth in this Act Section

25.3 through Section 25.10 and Section 25.14.

(b) The Department has the authority and power to

investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty. The

order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(d) All monies collected under this Section shall be

deposited into the Professional Regulation Evidence Fund.

(Source: P.A. 96-1322, eff. 7-27-10.)

(225 ILCS 115/26) (from Ch. 111, par. 7026)

(Section scheduled to be repealed on January 1, 2014)

Sec. 26. Home rule. The regulation and licensing as a

veterinarian are exclusive powers and functions of the State. A

home rule unit may not regulate or license a veterinarian or

the practice of veterinary medicine. This Section is a denial

and limitation of home rule powers and functions under

subsection (h) of Section 6 of Article VII of the Illinois

Constitution. It is declared to be the public policy of this

State, pursuant to paragraphs (h) and (i) of Section 6 of

Article VII of the Illinois Constitution of 1970, that any

power or function set forth in this Act to be exercised by the

State is an exclusive State power or function. Such power or

function shall not be exercised concurrently, either directly

or indirectly, by any unit of local government, including home

rule units, except as otherwise provided in this Act.

(Source: P.A. 90-655, eff. 7-30-98.)

(225 ILCS 115/27) (from Ch. 111, par. 7027)

(Section scheduled to be repealed on January 1, 2014)

Sec. 27. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated into this Act as if all of the provisions of that

Act were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the licensee or

certificate holder has the right to show compliance with all

lawful requirements for retention, continuation, or renewal of

the license or certificate is specifically excluded. For the

purpose of this Act the notice required under Section 10-25 of

the Illinois Administrative Procedure Act is considered

sufficient when mailed to the last known address of record. a

party.

(Source: P.A. 88-45; 88-424; 88-670, eff. 12-2-94.)

(225 ILCS 115/14.2 rep.)

(225 ILCS 115/15 rep.)

(225 ILCS 115/19 rep.)

(225 ILCS 115/20 rep.)

Section 15. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by repealing Sections 14.2, 15, 19, and

20.

Section 99. Effective date. This Act takes effect December

31, 2013.

INDEX Statutes amended in order of appearance