SB 386 — VETERINARY MED-SUNSET EXT

Nothing in this Act shall apply to any of the following:

(1) Veterinarians employed by the f____r_____________ _o_________ ----------o--------- while ------l-- engaged in their official duties.

(2) Licensed veterinarians from other states who are invited to Illinois for consultation or lecturing.

SB386 Enrolled -9- LRB093 07650 AMC 07829 b (3) Veterinarians employed by colleges or universities o---------t------------ while engaged in the performance of their official duties,_______c_____________ _n_____________________r_______________________p____________ _o_____________________e__.

_________________r______________________n_____________ _o_____________________y_________________________a__________ _e_____________________n______________________i_____________ _i_____________________f______________________a_____________ _h_____________________e______________________o_____________ _i_____________________.______________________n_____________ _a_____________________i______________________n_____________ _f_____________________i______________________h_____________ _e_______________________t____________________l_____________ _e____________ ___--- Veterinary students in an __________ -p------- college, university, department of a university, _ or other institution of veterinary medicine and surgery _n_________ -----------e---------------- duties assigned by their instructors.

___--- Any person engaged in bona fide scientific research which requires the use of animals.

_________________l_______________________t____________ _m_____________________n______________________a_____________ _a_____________________v______________________a_____________ _i______________________t_____________________a_____________ _a______________________n_____________________e_____________ _u_____________________c______________________c_____________ _e_____________________n________________________d___________ _a_____________________p______________________,_____________ _n_____________________i______________________l_____________ _o_____________________a______________________s_____________ _u_____________________n______________________a_____________ _i_____________________o______________________e_____________ SB386 Enrolled -10- LRB093 07650 AMC 07829 b _e_____________________y______________________e_____________ _c___ _________________a_______________________o____________ _c_____________________e______________________c_____________ _r_____________________g______________________t_____________ _o_____________________d______________________o_____________ _i_____________________a______________________u_____________ _s_____________________a_______________________m____________ _u_____________________r______________________f_____________ _h_____________________o______________________h_____________ _t_____________________t______________________i_____________ _n_____________________k________________________o___________ _h_____________________v______________________e_____________ _o_____________________a______________________s_____________ _r_____________________e_______________________a____________ _s_____________________7___ _________________g______________________h_____________ _r_____________________i______________________r_____________ _n_____________________u______________________e_____________ _u_____________________t_______________________v____________ _i______________________a_____________________c_____________ _h_____________________n________________________o___________ _u_____________________l______________________v_____________ _r_____________________e______________________-_____________ _a______________________t______________________t____________ _s______________________T_____________________n_____________ _a_____________________o______________________r_____________ _e_____________________t___________________ __________________o_______________________c___________ _e_____________________h______________________f_____________ _e_____________________o______________________s_____________ _u_____________________i______________________n_____________ _o_____________________m_________ _________________d______________________i_____________ SB386 Enrolled -11- LRB093 07650 AMC 07829 b _u______________________e_____________________r_____________ _f_____________________n___ ___________________w____________________e_____________ _o______________________e______________________c____________ _m_____________________s______________________e_____________ _o_____________________o______________________n_____________ ____t____________________p_____________________p____________ _e_____________________d__________ _________________e_______________________v____________ _e_____________________o______________________,_____________ _r_____________________g______________________r_____________ _u_____________________e______________________e_____________ _o______________________t_____________ _________________e______________________o_____________ _n_____________________f______________________p_____________ _h_____________________e_______________________A____________ _n________________________s___________________a_____________ _e____________ _________________d______________________n_____________ _e_____________________a______________________d_____________ _n_____________________r______________________._____________ _u_____________________m______________________t_____________ _e_______________________w____________________f_____________ _x__________ _________________r______________________i_____________ _t______________________b_________ ------------d---------- -a---------------------i----------------------t------------- -h----------------------i---------------------a------------- -o---------------------a-----------------------p------------ -r---------------------n------------------------s----------- -h---------------------n----------------------y------------- -d---------------------m-----------------------o------------ -r---------------------a----------------------e------------- -i---------------------n-----------------------p------------ SB386 Enrolled -12- LRB093 07650 AMC 07829 b -i---------------------.----------------------e------------- -o----------------------C--------------------- ------------------o---------------------s------------- -t---------------------e----------------------l------------- -s---------------------e-----------------------t------------ -l---------------------n----------------------,------------- -n---------------------v----------------------e------------- -u---------------------.- -----------------t--------------------- (Source:

P.A.

92-449, eff.

1-1-02.) (225 ILCS 115/5) (from Ch.

111, par.

7005) (Section scheduled to be repealed on January 1, 2004) Sec.

5.

_____________l_______________________m____________ _____r_____________________c______________________i_____________ ___ 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.

_t_____________________o______________________n_____________ _____i_____________________e______________________i_____________ ________t____________________p____________________t_____________ _____h_____________________o______________________e_____________ _____i_____________________n______________________p_________ _o_____________________a______________________e_____________ _____h_____________________p______________________o_____________ _____u______________________p_____________________o_____________ ______t____________________r_______________________a____________ _____i_____________________p______________________n_____________ SB386 Enrolled -13- LRB093 07650 AMC 07829 b _____i_____________________i_______________________l____________ _____e_____________________v____________________ (Source:

P.A.

83-1016.) (225 ILCS 115/8) (from Ch.

111, par.

7008) (Section scheduled to be repealed on January 1, 2004) Sec.

8.

Qualifications.

A person is qualified to receive a license if he or she:

(1) is of good moral character;

(2) _____g_____________________a______________________r_____________ _____i________________ -----r---------------------2------------ -----t---------------------r----------------------a------------- -----i---------------------e-----------------------a------------ -----a---------------------e----------------------a------------- -----v---------------------e---;

and ___--- has passed the examination authorized by the Department to determine fitness to hold a license.

_p_____________________s______________________e_____________ _____l_____________________c________________________p___________ _____t______________________a_____________________r_____________ _____u_____________________l______________________o_________ __________________t_____________________g_____________ _r_________________ __________________c_____________________c_____________ _b_____________________d______________________c_____________ _k_____________________m______________________a________ _________________c______________________a_____________ _s_____________________d________________________e___________ _q_____________________g______________________a_____________ _o____________ ___________________r____________________n_____________ _e_____________________a______________________e_____________ _a_____________________o________________________h___________ _a______ _u_______________________o____________________f_____________ SB386 Enrolled -14- LRB093 07650 AMC 07829 b _____o_____________________u_______________________o____________ _____r_____________________s______________________._____________ _______t_____________________a____________________e_____________ _____r_____________________o______________________o_____________ _____s_____________________i______________________h_____ ___g___________________-______________________c_____________ _____d_____________________e______________________h_____________ ______o____________________c_______________________A____________ _____n______________________d_______________________a___________ _____i_____________________i______________________p_______ -i---------------------a----------------------d------------- -----a---------------------h----------------------u------------- ------s---------------------t----------------------c------------ -----a---------------------o------------ -r---------------------v-----------------------a------------ -----s---------------------i----------------------h------------- ------p--------------------e----------------------e------------- -----y---------------------e-----------------------h------------ -----n---------------------r----------------------t------------- -----n---------------------s-----------------------t------------ -----v---------------------S-----------------------f------------ -----a------------------------S-------------------l------------- -------a-------------------r----------------------i------------- -----s----------------- In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as a bar to obtaining a license.

The Department may also request the applicant to submit and may consider as evidence of moral character, endorsements from 2 individuals licensed under this Act.

(Source:

P.A.

89-387, eff.

8-20-95;

90-52, eff.

7-3-97.) (225 ILCS 115/8.1) (from Ch.

111, par.

7008.1) SB386 Enrolled -15- LRB093 07650 AMC 07829 b (Section scheduled to be repealed on January 1, 2004) Sec.

8.1.

Certified veterinary technician.

---------- -----i---------------------a----------------------r------------- -----e---------------------o----------------------t------------- -----i---------------------i----------------------n------------- -----t---------------------t----------------------e------------- -----e---------------------t------------------------d----------- -----p---------------------i----------------------o------------- -----i---------------------o----------------------s------------- -----p---------------------v----------------------m------------- -----r---------------------f-----------------------a------------ -----a---------------------d----------------------a------------- ------s----------------------i----------------------p----------- -----n---------------------r----------- A person __________ certified ---- veterinary technician who performs veterinary technology contrary to this Act is guilty of a Class A misdemeanor and shall be subject to the revocation of his or her certificate.

However, these penalties and restrictions shall not apply to a student while performing activities required as a part of his or her training.

The Department and the Board are authorized to hold hearings, reprimand, suspend, revoke, or refuse to issue or renew a certificate and to perform any other acts that may be necessary to regulate c____i_____ veterinary technicians in a manner consistent with the provisions of the Act applicable to veterinarians.

The title "Certified veterinary technician" and the initials "CVT" may only be used by persons certified by the Department.

A person who uses these titles without the certification as provided in this Section is guilty of a Class A misdemeanor.

_e________ veterinary technicians shall be required to complete continuing education as prescribed by rule to renew their certification.

SB386 Enrolled -16- LRB093 07650 AMC 07829 b (Source:

P.A.

88-91;

88-424;

88-670, eff.

12-2-94.) (225 ILCS 115/11) (from Ch.

111, par.

7011) (Section scheduled to be repealed on January 1, 2004) Sec.

11.

Temporary permits.

A person holding the degree of Doctor of Veterinary Medicine, or its equivalent, from an _____d_____________________r_______________ ------e------------- -----a--, and who has applied in writing to the Department for a license to practice veterinary medicine and surgery in any of its branches, and who has fulfilled the requirements of Section 8 of this Act, with the exception of receipt of notification of his or her examination results, may receive, at the discretion of the Department, a temporary permit to practice under _________c___________________ a --------- veterinarian who is licensed in this State, until:

(1) the applicant has been notified of the results of the examination authorized by the Department;

or (2) the applicant has withdrawn his or her application.

A temporary permit may be issued by the Department to a person who is a veterinarian licensed under the laws of another state, a territory of the United States, or a foreign country, upon application in writing to the Department for a license under this Act if he or she is qualified to receive a license and until:

(1) the expiration of 6 months after the filing of the written application, (2) the withdrawal of the application or (3) the denial of the application by the Department.

A temporary permit issued under this Section shall not be extended or renewed.

The holder of a temporary permit shall perform only those acts that may be prescribed by and incidental to his or her employment and that act shall be performed under the direction of a _________n__ --------- -----s--- veterinarian __o______________________s_______.

___ _____r_____________________r____ -- shall not be entitled to SB386 Enrolled -17- LRB093 07650 AMC 07829 b otherwise engage in the practice of veterinary medicine until fully licensed in this State.

Upon the revocation of a temporary permit, _ the Department shall immediately notify, by certified mail, the s ___________ -----f---- veterinarian employing the holder of a temporary permit and the holder of the permit.

A temporary permit shall be revoked by the Department upon proof that the holder of the permit has engaged in the practice of veterinary medicine in this State outside his or her employment under a licensed veterinarian.

(Source:

P.A.

90-655, eff.

7-30-98.) (225 ILCS 115/12) (from Ch.

111, par.

7012) (Section scheduled to be repealed on January 1, 2004) Sec.

12.

Inactive status.

Any veterinarian or _________ veterinary technician who notifies the Department in writing on the prescribed form may place his or her license or certification on an inactive status and shall, subject to rule, be exempt from payment of the renewal fee and compliance with the continuing education requirements until he or she notifies the Department in writing of his or her intention to resume active status.

Any veterinarian or _________ veterinary technician requesting restoration from inactive status shall be required to complete the continuing education requirements for a single license or certificate renewal period, pursuant to rule, and pay the current renewal fee to restore his or her license or certification as provided in this Act.

Any veterinarian whose license is in inactive status shall not practice veterinary medicine and surgery in this State.

___g___________________-______________________c_____________ _____d_____________________e______________________h_____________ ______o____________________c_______________________A____________ SB386 Enrolled -18- LRB093 07650 AMC 07829 b _____n______________________d_______________________a___________ _____i_____________________i______________________p_______ (Source:

P.A.

88-424.) (225 ILCS 115/15) (from Ch.

111, par.

7015) (Section scheduled to be repealed on January 1, 2004) Sec.

15.

Expiration and renewal of license.

The expiration date and renewal period for each license or certificate shall be set by rule.

A veterinarian or _____f____ veterinary technician whose license or certificate has expired may reinstate his or her license or certificate at any time within 5 years after the expiration thereof, by making a renewal application and by paying the required fee and submitting proof of the required continuing education.

However, any veterinarian or c_________ veterinary technician whose license or certificate expired while he or she was (1) on active duty with the Armed Forces of the United States or called into service or training by the State militia or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license or certificate renewed, reinstated, or restored without paying any lapsed renewal fees if within 2 years after termination of the service, training, or education the veterinarian furnishes the Department with satisfactory evidence of service, training, or education and it has been terminated under honorable conditions.

Any veterinarian or c__r_______ veterinary technician whose license or certificate has expired for more than 5 years may have it restored by making application to the Department and filing acceptable proof of fitness to have the license or certificate restored.

The proof may include sworn evidence certifying active practice in another jurisdiction.

The veterinarian or ________d_ veterinary technician shall also pay the required restoration fee and submit proof of the SB386 Enrolled -19- LRB093 07650 AMC 07829 b required continuing education.

If the veterinarian __ _____f_____________________i_____ has not practiced for 5 years or more, the Board shall determine by an evaluation program established by rule, whether the individual is fit to resume active status and may require the veterinarian to complete a period of evaluated clinical experience and may require successful completion of a clinical examination.

(Source:

P.A.

92-84, eff.

7-1-02.) (225 ILCS 115/24.1) (Section scheduled to be repealed on January 1, 2004) Sec.

24.1.

Impaired veterinarians.

--------- -----i---------------------e----------------------e------------- -----i---------------------e----------------------f------------- ------p--------------------i-----------------------b------------ -----m---------------------o----------------------a------------- -----d---------------------t----------------------c------------- ------s---------------------d---------------------f------------- -----e---------------------r----------------------v------------- -----n-------- The Department shall establish by rule a program of care, counseling, or treatment for t --- impaired _____i________ ------------.

"Program of care, counseling, or treatment" means a written schedule of organized treatment, care, counseling, activities, or education satisfactory to the Board, designed for the purpose of restoring an impaired person to a condition whereby the impaired person can practice veterinary medicine with reasonable skill and safety of a sufficient degree to deliver competent patient care.

(Source:

P.A.

88-424.) (225 ILCS 115/25) (from Ch.

111, par.

7025) (Section scheduled to be repealed on January 1, 2004) Sec.

25.

Disciplinary actions.

SB386 Enrolled -20- LRB093 07650 AMC 07829 b 1.

The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem appropriate, including fines not to exceed $1,000 for each violation, with regard to any license or certificate for any one or combination of the following:

A.

Material misstatement in furnishing information to the Department.

B.

Violations of this Act, or of the rules promulgated under this Act.

C.

Conviction 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.

Making any misrepresentation for the purpose of obtaining licensure or certification, or violating any provision of this Act or the rules promulgated under this Act pertaining to advertising.

E.

Professional incompetence.

F.

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 addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.

K.

Discipline by another state, District of SB386 Enrolled -21- LRB093 07650 AMC 07829 b 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.

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 the profession with reasonable judgement, skill or safety.

P.

Solicitation of professional services other than permitted advertising.

Q.

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 SB386 Enrolled -22- LRB093 07650 AMC 07829 b 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.

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.

Fraud or misrepresentation in applying for, or SB386 Enrolled -23- LRB093 07650 AMC 07829 b 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.

_________________c_______________________p____________ _r_____________________l______________________n_____________ _e________________________a____________________a____________ _e_____________________t___________________ ____________________r___________________o_____________ _g_____________________r______________________i_____________ _o_____________________4______________________e_____________ _c______________________t_____________________1_____ 2.

The determination by a circuit court that a licensee or certificate holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension.

The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient;

and upon the recommendation of the Board to the Director that the licensee or certificate holder be allowed to resume his practice.

3.

All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license or certificate on any of the foregoing grounds, must be commenced within 3 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described in this Section.

Except for proceedings brought for violations of items (CC), (DD), or (EE), no action shall be commenced more than 5 years after the date of the incident or act alleged to have violated this Section.

In the event of the settlement of any claim or cause of action in favor of the claimant or SB386 Enrolled -24- LRB093 07650 AMC 07829 b 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.

_.______________________m_____________________s_____________ _____p_____________________n______________________y_____________ _______t___________________o______________________,_____________ ______i____________________r______________________s_____________ ______p____________________s______________________a_____________ _____i_____________________m_______________________s____________ _____r_______________________s_____________________s____________ _____m_____________________n______________ _._____________________S______________________o_____________ _______p____________________m______________________o____________ _____b_____________________h______________________o_____________ _____r_______________________e____________________p_____________ _____n_____________________i______________________h_____________ _____f_____________________y______________________o_____________ _____t______________________t_____________________a_____________ _____m_____________________e______________________i_____________ _____s______________________o_____________________i_____________ _____o______________________t_______________________t___________ _____n_____________________o______________________m_____________ _____x_____________________o______________________o_____________ _____l_____________________o______________________a_____________ _____c_____________________a______________________o_____________ SB386 Enrolled -25- LRB093 07650 AMC 07829 b _____o_____________________l______________________a_____________ _____h_______________________a_____________________o____________ _____o______________________c______________________a____________ _____h_____________________u______________________o_____________ _____l_____________________t______________________s_____________ _____n_____________________i_______________________m____________ _____n_____________________n______________________n_____________ ______f____________________a________________________r___________ _____t_____________________w______________________u____ _f______________________a_____________________e_____________ _____s______________________f_____________________,_____________ _____r_____________________l______________________o_____________ _____m_____________________r______________________t_____________ ______B____________________i______________________t_____________ _____n_____________________r______________________p_____________ ______o____________________g______________________e_____________ _____m_____________________e______________________o_____________ _____n_____________________e_______________________o____________ _____p___________________ _n______________________l_____________________,_____________ _____t_____________________s______________________s_____________ _____i_____________________d______________________i_____________ _____i_____________________p________________________s___________ _____a_____________________u_______________________D____________ _____t_____________________h______________________l_____________ _____i_____________________d______________________r_____________ _____._ (Source:

P.A.

88-424.) (225 ILCS 115/25.19 new) (Section scheduled to be repealed on January 1, 2004) _e_____________________y______________________g_____________ _____t_____________________e_______________________r____________ _____d_____________________o_______________________t____________ SB386 Enrolled -26- LRB093 07650 AMC 07829 b _____l_____________________d______________________4_____________ _____e_____________________c_______________________t____________ _____o________ (225 ILCS 115/9 rep.) Section 18.

The Veterinary Medicine and Surgery Practice Act of 1994 is amended by repealing Section 9.

Section 20.

The Animal Welfare Act is amended by changing Section 2 as follows:

(225 ILCS 605/2) (from Ch.

8, par.

302) Sec.

2.

Definitions.

As used in this Act unless the context otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State.

However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2 ____ ---- shall not be considered a pet shop operator under this Act.

"Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State.

However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed SB386 Enrolled -27- LRB093 07650 AMC 07829 b under the Veterinary Medicine and Surgery Practice Act of ____ ---- shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

"Person" means any person, firm, corporation, partnership, association or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.

"Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation;

or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised.

A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.

"Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where cats are maintained for boarding, training or similar purposes for a fee or compensation;

or who sells, offers to sell, exchange, or offers for adoption with or without charges cats which he has produced and raised.

A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cattery operator.

"Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals.

"Animal SB386 Enrolled -28- LRB093 07650 AMC 07829 b control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of ____ ---- which operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

"Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2 ____ ---- which operates for the above mentioned purpose in addition to its customary purposes.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, not to exceed 4 animals at any given time.

Permits to operate as a "foster home" shall be issued through the animal shelter.

"Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property.

A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland.

"Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm.

"Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security.

"Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the SB386 Enrolled -29- LRB093 07650 AMC 07829 b facility.

(Source:

P.A.

89-178, eff.

7-19-95;

90-385, eff.

8-15-97;

90-403, eff.

8-15-97.) Section 25.

The Elder Abuse and Neglect Act is amended by changing Section 2 as follows:

(320 ILCS 20/2) (from Ch.

23, par.

6602) Sec.

2.

Definitions.

As used in this Act, unless the context requires otherwise:

(a) "Abuse" means causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources.

Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse or neglect for the sole reason that he or she is being furnished with or relies upon treatment by spiritual means through prayer alone, in accordance with the tenets and practices of a recognized church or religious denomination.

Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse because of health care services provided or not provided by licensed health care professionals.

(a-5) "Abuser" means a person who abuses, neglects, or financially exploits an eligible adult.

(a-7) "Caregiver" means a person who either as a result of a family relationship, voluntarily, or in exchange for compensation has assumed responsibility for all or a portion of the care of an eligible adult who needs assistance with activities of daily living.

(b) "Department" means the Department on Aging of the State of Illinois.

(c) "Director" means the Director of the Department.

(d) "Domestic living situation" means a residence where SB386 Enrolled -30- LRB093 07650 AMC 07829 b the eligible adult lives alone or with his or her family or a caregiver, or others, or a board and care home or other community-based unlicensed facility, but is not:

(1) A licensed facility as defined in Section 1-113 of the Nursing Home Care Act;

(2) A "life care facility" as defined in the Life Care Facilities Act;

(3) A home, institution, or other place operated by the federal government or agency thereof or by the State of Illinois;

(4) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;

(5) A "community living facility" as defined in the Community Living Facilities Licensing Act;

(6) A "community residential alternative" as defined in the Community Residential Alternatives Licensing Act;

and (7) A "community-integrated living arrangement" as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.

(e) "Eligible adult" means a person 60 years of age or older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual.

(f) "Emergency" means a situation in which an eligible adult is living in conditions presenting a risk of death or physical, mental or sexual injury and the provider agency has reason to believe the eligible adult is unable to consent to services which would alleviate that risk.

(f-5) "Mandated reporter" means any of the following SB386 Enrolled -31- LRB093 07650 AMC 07829 b persons while engaged in carrying out their professional duties:

(1) a professional or professional's delegate while engaged in:

(i) social services, (ii) law enforcement, (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to be licensed under the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietetic and Nutrition Services Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nursing and Advanced Practice Nursing Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act of 1987, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2____ 1----, and the Illinois Public Accounting Act;

(2) an employee of a vocational rehabilitation facility prescribed or supervised by the Department of Human Services;

(3) an administrator, employee, or person providing services in or through an unlicensed community based facility;

(4) a Christian Science Practitioner;

(5) field personnel of the Department of Public Aid, Department of Public Health, and Department of Human Services, and any county or municipal health department;

SB386 Enrolled -32- LRB093 07650 AMC 07829 b (6) personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider agencies, and the Office of State Long Term Care Ombudsman;

(7) any employee of the State of Illinois not otherwise specified herein who is involved in providing services to eligible adults, including professionals providing medical or rehabilitation services and all other persons having direct contact with eligible adults;

or (8) a person who performs the duties of a coroner or medical examiner.

(g) "Neglect" means another individual's failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not limited to, food, clothing, shelter or medical care.

This subsection does not create any new affirmative duty to provide support to eligible adults.

Nothing in this Act shall be construed to mean that an eligible adult is a victim of neglect because of health care services provided or not provided by licensed health care professionals.

(h) "Provider agency" means any public or nonprofit agency in a planning and service area appointed by the regional administrative agency with prior approval by the Department on Aging to receive and assess reports of alleged or suspected abuse, neglect, or financial exploitation.

(i) "Regional administrative agency" means any public or nonprofit agency in a planning and service area so designated by the Department, provided that the designated Area Agency on Aging shall be designated the regional administrative agency if it so requests.

The Department shall assume the functions of the regional administrative agency for any SB386 Enrolled -33- LRB093 07650 AMC 07829 b planning and service area where another agency is not so designated.

(j) "Substantiated case" means a reported case of alleged or suspected abuse, neglect, or financial exploitation in which a provider agency, after assessment, determines that there is reason to believe abuse, neglect, or financial exploitation has occurred.

(Source:

P.A.

91-259, eff.

1-1-00;

91-357, eff.

7-29-99;

91-533, eff.

8-13-99;

92-16, eff.

6-28-01.) Section 30.

The Illinois Food, Drug and Cosmetic Act is amended by changing Section 3.21 as follows:

(410 ILCS 620/3.21) (from Ch.

56 1/2, par.

503.21) Sec.

3.21.

Except as authorized by this Act, the Controlled Substances Act, the Pharmacy Practice Act of 1987, the Dental Practice Act, the Medical Practice Act of 1987, the Veterinary Medicine and Surgery Practice Act of ____ ----, or the Podiatric Medical Practice Act of 1987, to sell or dispense a prescription drug without a prescription.

(Source:

P.A.

88-424.) Section 35.

The Humane Care for Animals Act is amended by changing Section 2.01h as follows:

(510 ILCS 70/2.01h) Sec.

2.01h.

Animal shelter.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

"Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice SB386 Enrolled -34- LRB093 07650 AMC 07829 b Act of 2____ ---- which operates for the above mentioned purpose in addition to its customary purposes.

(Source:

P.A.

92-454, eff.

1-1-02.) Section 40.

The Humane Euthanasia in Animal Shelters Act is amended by changing Section 5 as follows:

(510 ILCS 72/5) Sec.

5.

Definitions.

The following terms have the meanings indicated, unless the context requires otherwise:

"Animal" means any bird, fish, reptile, or mammal other than man.

"DEA" means the United States Department of Justice Drug Enforcement Administration.

"Department" means the Department of Professional Regulation.

"Director" means the Director of the Department of Professional Regulation.

"Euthanasia agency" means an entity certified by the Department for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act.

"Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) as set forth in the Illinois Controlled Substances Act that are used by a euthanasia agency for the purpose of animal euthanasia.

"Euthanasia technician" or "technician" means a person employed by a euthanasia agency or working under the direct supervision of a veterinarian and who is certified by the Department to administer euthanasia drugs to euthanize animals.

"Veterinarian" means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the SB386 Enrolled -35- LRB093 07650 AMC 07829 b Veterinary Medicine and Surgery Practice Act of 2 ____ ----.

(Source:

P.A.

92-449, eff.

1-1-02.) Section 45.

The Good Samaritan Act is amended by changing Section 60 as follows:

(745 ILCS 49/60) Sec.

60.

Veterinarians;

exemption from civil liability for emergency care to humans.

Any person licensed under the Veterinary Medicine and Surgery Practice Act of 2 ____ ---- or any person licensed as a veterinarian in any other state or territory of the United States who in good faith provides emergency care to a human victim of an accident, at the scene of an accident or in a catastrophe shall not be liable for civil damages as a result of his or her acts or omissions, except for willful or wanton misconduct on the part of the person in providing the care.

(Source:

P.A.

89-607, eff.

1-1-97;

90-742, eff.

8-13-98.) Section 99.

This Act takes effect uponon becomingDecember law.31, 2003.