Comparing HB 4567 → SB 1305 — Emergency medical services providers: dogs and cats.

Struck = only in HB 4567 · added = only in SB 1305.

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*LRB10118393CPF67840b* HB4567 101ST GENERAL ASSEMBLY State of Illinois and 2020 HB4567 Introduced 2/5/2020, by Rep.
Bill Text - SB-1305 Emergency medical services providers:
Joyce Mason SYNOPSIS AS INTRODUCED:
dogs and cats.
ILCS 50/3.260 new ILCS 115/4 from Ch.
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111, par.
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7004 Amends the Emergency Medical Services (EMS) Systems Act.
09/28/18 - Chaptered 09/07/18 - Enrolled 08/23/18 - Amended Assembly 06/27/18 - Amended Assembly 06/20/18 - Amended Assembly 05/25/18 - Amended Senate 04/26/18 - Amended Senate 04/09/18 - Amended Senate 02/16/18 - Introduced SB-1305 Emergency medical services providers:
Provides that emergency medical (EMS) personnel may provide preveterinary emergency care to a dog or cat to the extent the EMS personnel has received commensurate training and is authorized by his or her employer to provide care.
dogs and cats.(2017-2018) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS:
Provides that requirements governing the circumstances under which EMS personnel may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.
Date Published:
Contains language to provide care to a dog or cat or to provide care to a dog or cat before a person.
09/28/2018 09:00 PM SB1305:v91#DOCUMENTBill Start Senate Bill No.
Amends the Veterinary Medicine and Surgery Practice Act of 2004.
1305 CHAPTER 900 An act to add Section 1799.109 to the Health and Safety Code, relating to emergency medical services providers.
Provides that nothing in that Act shall apply to EMS personnel who provide preveterinary emergency care to a dog or cat under the amended provisions of the Emergency Medical Services (EMS) Systems Act.
[ Approved by Governor  September 28, 2018.
Effective immediately.
Filed with Secretary of State  September 28, 2018.
LRB101 18393 CPF 67840 b A BILL FOR HB4567 LRB101 18393 CPF 67840 b AN ACT concerning health.
] LEGISLATIVE COUNSEL'S DIGESTSB 1305, Glazer.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Emergency medical services providers:
Section 5.
dogs and cats.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (the act), establishes the Emergency Medical Services Authority to coordinate and integrate all state activities concerning emergency medical services, including, among other duties, establishing training standards for specified emergency services personnel.
The Emergency Medical Services (EMS) Systems Act is amended by adding Section 3.260 as follows:
The act provides a qualified immunity for public entities and emergency rescue personnel providing emergency services.
(210 ILCS 50/3.260 new) Sec.
The act provides other exemptions from liability for specified professionals rendering emergency medical services.Existing law, the Veterinary Medicine Practice Act, governs the practice of veterinary medicine in this state and makes it unlawful for any person to practice veterinary medicine in this state without a valid license issued pursuant to the act.
3.260.
For purposes of the act, the practice of veterinary medicine includes, among other things, administering a drug, appliance, or treatment for the cure or relief of a wound, fracture, or bodily injury of an animal.This bill would authorize an emergency responder, as defined, to provide basic first aid to dogs and cats, as defined, to the extent that the provision of that care is not prohibited by the responder’s employer.
Preveterinary emergency care.
The bill would limit civil liability for specified individuals who provide care to a pet or other domesticated animal during an emergency by applying existing provisions of state law.
(a) In this Section:
The definition of “basic first aid to dogs and cats” for purposes of these provisions would specifically include, among other acts, administering oxygen and bandaging for the purpose of stopping bleeding.Digest Key Vote:
"Cat" means a small domesticated feline animal that is kept as a pet.
MAJORITY   Appropriation:
"Cat" does not include a nondomesticated wild animal.
NO   Fiscal Committee:
"Dog" means any canine animal owned for domestic, companionship, service, therapeutic, or assistance purposes.
YES   Local Program:
"Preveterinary emergency care" means the immediate medical stabilization of a dog or cat by EMS personnel, in an emergency to which the EMS personnel is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian.
NO  Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1799.109 is added to the Health and Safety Code, to read:1799.109. (a) The Legislature finds and declares all of the following:(1) California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats.(2) California residents benefit from the special support, comfort, guidance, companionship, and therapy provided by dogs and cats.(3) Pets provide critical support to many California residents with disabilities.(4) Pets provide assistance and aid in the official duties of military personnel, peace officers, law enforcement agencies, fire departments, and search-and-rescue agencies.(5) Personnel of some fire districts and other first responder agencies currently provide stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act.(6) In enacting this section, it is the intent of the Legislature to authorize emergency responders to provide, on a voluntary basis, basic first aid to dogs and cats without exposure to criminal prosecution or professional discipline for the unlawful practice of veterinary medicine.(b) Notwithstanding the Veterinary Medicine Practice Act, as set forth in Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code, an emergency responder may provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder’s employer, and the responder shall not be subject to criminal prosecution for a violation of Section 4831 of the Business and Professions Code.(c) Civil liability for a person who provides care to a pet or other domesticated animal during an emergency is governed by the following:(1) Section 4826.1 of the Business and Professions Code governs care provided by a veterinarian.(2) Subdivision (a) of Section 1799.102 governs care provided by an emergency responder, or law enforcement and emergency personnel specified in this chapter.(3) Subdivision (b) of Section 1799.102 governs care provided by any person other than an individual described in paragraph (1) or (2).(d) Notwithstanding any other law, this section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency.(e) For purposes of this section, the following definitions apply:(1) “Cat” means a small domesticated feline animal that is kept as a pet.
"Preveterinary emergency care" does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person's life could be in danger by attempting to save the life of a dog or cat.
“Cat” does not include nondomesticated wild animals.(2) “Dog” means a domesticated canine animal owned for companionship, service, therapeutic, or assistance purposes.(3) “Emergency responder” means a person who is certified or licensed to provide emergency medical services.(4) “Employer” means an entity or organization that employs or enlists the services of an emergency responder.(5) “Basic first aid to dogs and cats” means providing immediate medical care to a dog or cat by an emergency responder, in an emergency situation to which the emergency responder is responding, that is intended to stabilize the dog or cat so that the dog or cat can be transported by the owner as soon as practical to a veterinarian for treatment and which is provided through the following means:(A) Administering oxygen.(B) Managing ventilation by mask.(C) Manually clearing the upper airway, not including tracheal intubation or surgical procedures.(D) Controlling hemorrhage with direct pressure.(E) Bandaging for the purpose of stopping bleeding.(f) This section does not require or authorize the provision of emergency services to dogs or cats in response to a telephone call to the 911 emergency system and is not a basis for liability for the failure to provide emergency services to dogs or cats in response to a telephone call to the 911 emergency system.
(b) Notwithstanding any other provision of law, EMS HB4567 - 2 - LRB101 18393 CPF 67840 b personnel may provide preveterinary emergency care to a dog or cat to the extent the EMS personnel has received commensurate training and is authorized by his or her employer to provide care.
Requirements governing the circumstances under which EMS personnel may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.
(c) Notwithstanding any other provision of law, nothing in this Act imposes upon EMS personnel any obligation to provide care to a dog or cat, or to provide care to a dog or cat before a person.
Section 10.
The Veterinary Medicine and Surgery Practice Act of 2004 is amended by changing Section 4 as follows:
(225 ILCS 115/4) (from Ch.
111, par.
7004) (Section scheduled to be repealed on January 1, 2024) 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, HB4567 - 3 - LRB101 18393 CPF 67840 b 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;
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(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 HB4567 - 4 - LRB101 18393 CPF 67840 b 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 HB4567 - 5 - LRB101 18393 CPF 67840 b 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).
HB4567 - 6 - LRB101 18393 CPF 67840 b (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 HB4567 - 7 - LRB101 18393 CPF 67840 b 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 HB4567 - 8 - LRB101 18393 CPF 67840 b from licensure by the Department.
(16) Private treaty sale of animals unless otherwise provided by law.
(17) EMS personnel who provide preveterinary emergency care to a dog or cat under Section 3.260 of the Emergency Medical Services (EMS) Systems Act.
(Source:
P.A.
98-339, eff.
12-31-13.) Section 99.
Effective date.
This Act takes effect upon becoming law.