VETERINARY RECORDS-LIABILITY
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SB 3712 — VETERINARY RECORDS-LIABILITY
Last action — Third Reading - Short Debate - Lost 046-071-000
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
-
3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that no person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship. Changes the definition of "veterinarian-client-patient relationship" to include a licensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable and appropriate medical care if he or she is unavailable. Adds exemptions from the Act for certain specified persons. Requires a veterinarian to maintain patient records, which shall include certain specified information, for a minimum of 5 years from the date of the last known contact with an animal patient. Increases the maximum civil penalty allowed for a violation of the Act from $5,000 to $10,000. Makes several changes to the definition of "practice of veterinary medicine". Makes changes to the definitions of "accredited program in veterinary technology", "certified veterinary technician", and "complementary, alternative, and integrative therapies". Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinary prescription drugs", and "veterinary specialist". Replaces all references in the Act to "Director" with "Secretary". Makes other changes. Also makes technical changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2020. Effective immediately.
Bill Text
What changed in the latest version
1015 added · 1135 removedPlain-language change summary
The updated version of SB 3712 introduces new amendments to the Veterinary Medicine and Surgery Practice Act of 2004. Key changes include a clearer definition of the "veterinarian-client-patient relationship," which now allows licensed veterinarians who have access to an animal's medical records to provide care if the primary veterinarian is unavailable. The bill also increases the maximum civil penalty for violations from $5,000 to $10,000 and requires veterinarians to keep patient records for at least five years. These changes aim to enhance the regulation of veterinary practice and ensure better care and accountability in veterinary medicine.
*LRB09619949ASK35429b* SB3712 96THEngrossed GENERALLRB096 ASSEMBLY19949 StateASK of35429 Illinoisb andAN 2010ACT SB3712concerning Introducedprofessional 2/11/2010,regulation. by Sen.
Michael W.
Frerichs SYNOPSIS AS INTRODUCED:
See Index Amends the Veterinary Medicine and Surgery Practice Act of 2004.
Provides that no person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship.
Changes the definition of "veterinarian-client-patient relationship" to include a licensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable and appropriate medical care if he or she is unavailable.
Adds exemptions from the Act for certain specified persons.
Requires a veterinarian to maintain patient records, which shall include certain specified information, for a minimum of 5 years from the date of the last known contact with an animal patient.
Increases the maximum civil penalty allowed for a violation of the Act from $5,000 to $10,000.
Makes several changes to the definition of "practice of veterinary medicine".
Makes changes to the definitions of "accredited program in veterinary technology", "certified veterinary technician", and "complementary, alternative, and integrative therapies".
Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinary prescription drugs", and "veterinary specialist".
Replaces all references in the Act to "Director" with "Secretary".
Makes other changes.
Also makes technical changes.
Amends the Regulatory Sunset Act.
Extends the repeal date of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2020.
Effective immediately.
LRB096 19949 ASK 35429 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3712 LRB096 19949 ASK 35429 b AN ACT concerning professional regulation.
Section 5.10.
The Regulatory Sunset Act is amended by changing Sections 4.24 and 4.30 as follows:
(5 ILCS 80/4.24) Sec.
4.24.
Acts repealed on January 1, 2014.
The following Acts 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.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source:
P.A.
95-331, eff.
8-21-07;
95-613, eff.
9-11-07.) (5 ILCS 80/4.30) (Text of Section before amendment by P.A.
96-726) Sec.
4.30.
Show all 219 changed lines (179 more)
Acts Act repealed on January 1, 2020.
The following Acts are Act is repealed on January 1, 2020:
SB3712 - 2 - LRB096 19949 ASK 35429 b The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source:
P.A.
96-610, eff.
8-24-09;
96-626, eff.
8-24-09;
96-682, eff.
8-25-09;
96-730, eff.
8-25-09;
96-855, eff.
12-31-09;
96-856, eff.
12-31-09;
revised 1-6-10.) (Text of Section after amendment by P.A.
96-726) Sec.
4.30.
Acts Act repealed on January 1, 2020.
The following Acts are Act is repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
SB3712 - 3 - LRB096 19949 ASK 35429 b The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
Veterinary Medicine and Surgery Practice Act of 2004 (Source:
P.A.
96-610, eff.
8-24-09;
96-626, eff.
8-24-09;
96-682, eff.
8-25-09;
96-726, eff.
7-1-10;
96-730, eff.
8-25-09;
96-855, eff.
12-31-09;
96-856, eff.
12-31-09;
revised 1-6-10.) Section 10.
The practice of veterinary medicine in the State SB3712 - 4 - LRB096 19949 ASK 35429 b of Illinois is declared to affect the public health, safety and welfare and to be subject to State regulation and control in the public interest.
It is further declared to be a matter of public interest and concern that the veterinary profession merit and receive the confidence of the public and that only SB3712 Engrossed - 2 - LRB096 19949 ASK 35429 b qualified and licensed persons be permitted to practice veterinary medicine.
"Animal" means any animal, vertebrate or invertebrate, SB3712 - 5 - LRB096 19949 ASK 35429 b other than a human.
"Certified veterinary technician" means a person who is validly and currently licensed to practice veterinary SB3712 Engrossed - 3 - LRB096 19949 ASK 35429 b technology in this State has graduated from a veterinary technology program accredited by the Committee on Veterinary Technician Education and Activities of the American Veterinary Medical Association who has filed an application with the Department, paid the fee, passed the examination as prescribed by rule, and works under a supervising veterinarian.
"Complementary, alternative, and integrative therapies" means a heterogeneous group of preventive,diagnostic 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.
SB3712 - 6 - LRB096 19949 ASK 35429 b veterinary nutraceutical therapy;
and veterinary phytotherapy;
orand other therapies as defined by rule.
"Complementary, alternative, and integrative therapies" means preventative, diagnostic, and therapeutic practices that, at the time they are performed, may differ from current scientific knowledge or SB3712 Engrossed - 4 - LRB096 19949 ASK 35429 b for which the theoretical basis and techniques may diverge from veterinary medicine routinely taught in approved veterinary medical programs.
SB3712 - 7 - LRB096 19949 ASK 35429 b "Director" means the Director of Professional Regulation.
"Impaired veterinarian" means a veterinarian who is unable SB3712 Engrossed - 5 - LRB096 19949 ASK 35429 b 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.
"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, SB3712 - 8 - LRB096 19949 ASK 35429 b 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, SB3712 Engrossed - 6 - LRB096 19949 ASK 35429 b 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;
SB3712 - 9 - LRB096 19949 ASK 35429 b (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 SB3712 Engrossed - 7 - LRB096 19949 ASK 35429 b 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 procedure for the diagnoses or treatment of pregnancy, sterility, or infertility.
"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 SB3712 - 10 - LRB096 19949 ASK 35429 b an immediate, direct, or indirect supervision arrangement.
SB3712 Engrossed - 8 - LRB096 19949 ASK 35429 b "Therapeutic" means the treatment, control, and prevention of disease.
and (3) The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of SB3712 - 11 - LRB096 19949 ASK 35429 b 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 SB3712 Engrossed - 9 - LRB096 19949 ASK 35429 b medical care of therapy.
"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 SB3712 - 12 - LRB096 19949 ASK 35429 b 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 SB3712 Engrossed - 10 - LRB096 19949 ASK 35429 b diagnosing, prognosing, writing prescriptions, or surgery.
(C) is an invited guest of a professional veterinary association, veterinary training program, or continuing education SB3712 - 13 - LRB096 19949 ASK 35429 b provider approved by the Department;
SB3712 Engrossed - 11 - LRB096 19949 ASK 35429 b (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.
SB3712 - 14 - LRB096 19949 ASK 35429 b (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 SB3712 Engrossed - 12 - LRB096 19949 ASK 35429 b 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.
(8) An owner of an animalanimal, or any of the owner's regular employees, 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 regular employee 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 any drugs, or perform surgery.
NotwithstandingThe agent shall provide the otherowner provisionswith ofa thiswritten itemstatement (8),summarizing athe veterinarian-client-patientnature relationshipof mustthe existservices whenprovided prescriptionand drugsobtain ora over-the-countersigned drugsacknowledgment intendedfrom forthe extra-labelowner usethat arethey administered,accept dispensed,the orservices prescribed.provided.
The agentservices shall providecomply the owner with a SB3712 - 15 - LRB096 19949 ASK 35429 b written statement summarizing the natureHumane ofCare thefor servicesAnimals providedAct. and obtain a signed acknowledgment from the owner that they accept the services provided.
The services provided shall comply with the Humane Care for Animals Act.
(8.5)(9) AnyA personmember whoin providesgood appropriatestanding trainingof foranother animalslicensed thator doesregulated notprofession includewithin diagnosingany state or a member of an organization or group approved by the prescribingDepartment by rule SB3712 Engrossed - 13 - LRB096 19949 ASK 35429 b 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 dispensingindirect supervision and control of anythe therapeuticlicensed agent.veterinarian.
(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.
The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship, but shall be immune from liabilityliability, 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 SB3712 - 16 - LRB096 19949 ASK 35429 b 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.
SB3712 Engrossed - 14 - LRB096 19949 ASK 35429 b (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.
(13) Any certified veterinary technician or other An 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 SB3712 - 17 - LRB096 19949 ASK 35429 b performance of the employee.
(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 SB3712 Engrossed - 15 - LRB096 19949 ASK 35429 b 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 regular employee agent.
and (C) has been granted a temporary waiver SB3712 - 18 - LRB096 19949 ASK 35429 b from licensure by the Department.
4-3-09.) SB3712 Engrossed - 16 - LRB096 19949 ASK 35429 b (225 ILCS 115/5) (from Ch.
SB3712 - 19 - LRB096 19949 ASK 35429 b 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.
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 SB3712 Engrossed - 17 - LRB096 19949 ASK 35429 b veterinary medicine.
(a) The Department shall exercise the powers and duties SB3712 - 20 - LRB096 19949 ASK 35429 b 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.
Notice of SB3712 Engrossed - 18 - LRB096 19949 ASK 35429 b proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein.
7007) SB3712 - 21 - LRB096 19949 ASK 35429 b (Section scheduled to be repealed on January 1, 2014) Sec.
SB3712 Engrossed - 19 - LRB096 19949 ASK 35429 b Members shall serve 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.
The SB3712 - 22 - LRB096 19949 ASK 35429 b Secretary Director shall consider the recommendations made by the State Veterinary Medical Association in making appointments.
SB3712 Engrossed - 20 - LRB096 19949 ASK 35429 b Members of the Board shall be entitled to receive a per diem at a rate set by the Secretary Director and shall be reimbursed for all authorized expenses incurred in the exercise of their duties.
Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which SB3712 - 23 - LRB096 19949 ASK 35429 b it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50.
If, after termination or denial, SB3712 Engrossed - 21 - LRB096 19949 ASK 35429 b the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department.
7025) (Section scheduled to be repealed on January 1, 2014) SB3712 - 24 - LRB096 19949 ASK 35429 b Sec.
Conviction of any crime under the laws of the United SB3712 Engrossed - 22 - LRB096 19949 ASK 35429 b 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.
SB3712 - 25 - LRB096 19949 ASK 35429 b I.
Directly or indirectly giving to or receiving from SB3712 Engrossed - 23 - LRB096 19949 ASK 35429 b any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.
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 SB3712 - 26 - LRB096 19949 ASK 35429 b profession with reasonable judgment judgement, skill, or safety.
Fraud or dishonesty in applying, treating, or SB3712 Engrossed - 24 - LRB096 19949 ASK 35429 b reporting on tuberculin or other biological tests.
Failure to provide satisfactory proof of having SB3712 - 27 - LRB096 19949 ASK 35429 b participated in approved continuing education programs.
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 SB3712 Engrossed - 25 - LRB096 19949 ASK 35429 b the public trust.
Cheating on or attempting to subvert the licensing SB3712 - 28 - LRB096 19949 ASK 35429 b examination administered under this Act.
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 SB3712 Engrossed - 26 - LRB096 19949 ASK 35429 b Developmental Disabilities Code operates as an automatic suspension.
Except for SB3712 - 29 - LRB096 19949 ASK 35429 b 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 SB3712 Engrossed - 27 - LRB096 19949 ASK 35429 b as otherwise provided by law.
In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to SB3712 - 30 - LRB096 19949 ASK 35429 b submit to a mental or physical examination, or both, as required by and at the expense of the Department.
An SB3712 Engrossed - 28 - LRB096 19949 ASK 35429 b 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.
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, SB3712 - 31 - LRB096 19949 ASK 35429 b reinstated, or renewed licensure to practice.
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 Director for a determination as to whether the person shall have his or her license suspended immediately, pending a SB3712 Engrossed - 29 - LRB096 19949 ASK 35429 b hearing by the Board.
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 SB3712 - 32 - LRB096 19949 ASK 35429 b violated or is violating the injunction, the court may punish the offender for contempt of court.
(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a SB3712 Engrossed - 30 - LRB096 19949 ASK 35429 b rule to show cause why an order to cease and desist should not be entered against him.
SB3712 - 33 - LRB096 19949 ASK 35429 b 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 in writing the applicant for, or holder of, a license or certificate of the nature of the charges and that a hearing will be held on the date designated.
The Department shall direct the applicant, certificate holder, or licensee to file a written answer 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 and that the license or certificate may be SB3712 Engrossed - 31 - LRB096 19949 ASK 35429 b 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 Director may deem proper.
At the time and place SB3712 - 34 - LRB096 19949 ASK 35429 b 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 Department shall have the power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the SB3712 Engrossed - 32 - LRB096 19949 ASK 35429 b same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.
At the conclusion of the hearing the Board shall present to the Secretary Director a written SB3712 - 35 - LRB096 19949 ASK 35429 b report of its findings of fact, conclusions of law, and recommendations.
The SB3712 Engrossed - 33 - LRB096 19949 ASK 35429 b Secretary Director 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.
In any case under Section 25 involving the refusal to issue, renew, or discipline a license or certificate, a copy SB3712 - 36 - LRB096 19949 ASK 35429 b 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.
If the respondent orders from the reporting service, and pays for a SB3712 Engrossed - 34 - LRB096 19949 ASK 35429 b 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.
SB3712 - 37 - LRB096 19949 ASK 35429 b (Source:
The hearing officer shall have full authority to SB3712 Engrossed - 35 - LRB096 19949 ASK 35429 b conduct the hearing.
The Secretary Director shall provide a written explanation to the Board on any deviation, and shall specify with particularity the reasons for the action SB3712 - 38 - LRB096 19949 ASK 35429 b in the final order.
(a) the signature is the genuine signature of the SB3712 Engrossed - 36 - LRB096 19949 ASK 35429 b Secretary Director;
The Secretary Director may temporarily suspend the license of a 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 Director finds that evidence in his possession indicates that a veterinarian's SB3712 - 39 - LRB096 19949 ASK 35429 b continuation in practice would constitute an imminent danger to the public.
(a) No veterinarian shall be required to disclose any SB3712 Engrossed - 37 - LRB096 19949 ASK 35429 b information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena.
(b) Copies of patient records must be released to the SB3712 - 40 - LRB096 19949 ASK 35429 b client upon written request as provided for by rule.
SB3712 Engrossed - 38 - LRB096 19949 ASK 35429 b (6) all medical treatment must include identification of each medication given in the practice, together with the date, dosage, and route of administration and frequency and duration of treatment;
SB3712 - 41 - LRB096 19949 ASK 35429 b (11) other information received as the result of consultation;
(e) Information and records related to patient care shall remain confidential except as provided in subsections (a) and SB3712 Engrossed - 39 - LRB096 19949 ASK 35429 b (b) of this Section.
SB3712 - 42 - LRB096 19949 ASK 35429 b (b) The Department has the authority and power to investigate any and all unlicensed activity.
SB3712 - 43 - LRB096 19949 ASK 35429 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.24 5 ILCS 80/4.30 225 ILCS 115/1 from Ch.
111, par.
7001 225 ILCS 115/3 from Ch.
111, par.
7003 225 ILCS 115/4 from Ch.
111, par.
7004 225 ILCS 115/5 from Ch.
111, par.
7005 225 ILCS 115/5.5 new 225 ILCS 115/6 from Ch.
111, par.
7006 225 ILCS 115/7 from Ch.
111, par.
7007 225 ILCS 115/14.1 from Ch.
111, par.
7014.1 225 ILCS 115/25 from Ch.
111, par.
7025 225 ILCS 115/25.1 from Ch.
111, par.
7025.1 225 ILCS 115/25.2 from Ch.
111, par.
7025.2 225 ILCS 115/25.4 from Ch.
111, par.
7025.4 225 ILCS 115/25.6 from Ch.
111, par.
7025.6 225 ILCS 115/25.7 from Ch.
111, par.
7025.7 225 ILCS 115/25.8 from Ch.
111, par.
7025.8 225 ILCS 115/25.9 from Ch.
111, par.
7025.9 225 ILCS 115/25.10 from Ch.
111, par.
7025.10 225 ILCS 115/25.13 from Ch.
111, par.
7025.13 225 ILCS 115/25.17 225 ILCS 115/25.18
Show all 219 changed rows (179 more)
Action History
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Third Reading - Short Debate - Lost 046-071-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Chief Sponsor Changed to Sen. David Koehler
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Final Action Deadline Extended-9(b) January 11, 2011
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Fiscal Note Requested - Withdrawn by Rep. Robyn Gabel
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House Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
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House Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
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House Floor Amendment No. 2 Balanced Budget Note Filed as Amended
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House Floor Amendment No. 1 Balanced Budget Note Filed as Amended
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House Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
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House Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended
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House Floor Amendment No. 2 Home Rule Note Filed as Amended
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House Floor Amendment No. 1 Home Rule Note Filed as Amended
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House Floor Amendment No. 2 Pension Note Filed as Amended
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House Floor Amendment No. 1 Pension Note Filed as Amended
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House Floor Amendment No. 2 Correctional Note Filed as Amended
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House Floor Amendment No. 1 Correctional Note Filed as Amended
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House Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
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House Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended
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House Floor Amendment No. 2 Judicial Note Filed as Amended
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House Floor Amendment No. 1 Judicial Note Filed as Amended
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House Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Patricia R. Bellock
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House Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Patricia R. Bellock
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House Floor Amendment No. 2 Fiscal Note Filed as Amended
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House Floor Amendment No. 1 Fiscal Note Filed as Amended
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House Floor Amendment No. 2 State Debt Impact Note Filed as Amended
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House Floor Amendment No. 1 State Debt Impact Note Filed as Amended
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House Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
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House Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
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House Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
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House Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Patricia R. Bellock
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Held on Calendar Order of Second Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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House Floor Amendment No. 1 Adopted by Voice Vote
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Recalled to Second Reading - Short Debate
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Added Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Robyn Gabel
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Robyn Gabel
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Fiscal Note Requested by Rep. Robyn Gabel
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Final Action Deadline Extended-9(b) November 30, 2010
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Final Action Deadline Extended-9(b) May 28, 2010
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House Floor Amendment No. 1 Recommends Be Adopted Health & Healthcare Disparities Committee; 008-004-000
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Added Alternate Co-Sponsor Rep. Shane Cultra
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Added Alternate Co-Sponsor Rep. Robert F. Flider
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Added Alternate Co-Sponsor Rep. Michael W. Tryon
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Added Alternate Co-Sponsor Rep. Deborah Mell
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Added Alternate Co-Sponsor Rep. Susana A. Mendoza
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Added Alternate Co-Sponsor Rep. Paul D. Froehlich
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Added Alternate Co-Sponsor Rep. Eddie Washington
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Added Alternate Co-Sponsor Rep. Luis Arroyo
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Added Alternate Co-Sponsor Rep. Mike Boland
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Added Alternate Co-Sponsor Rep. LaShawn K. Ford
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Added Alternate Co-Sponsor Rep. Linda Chapa LaVia
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Added Alternate Co-Sponsor Rep. Elizabeth Hernandez
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Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
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Added Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
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House Floor Amendment No. 1 Rules Refers to Health & Healthcare Disparities Committee
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Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson
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Added Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios
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Added Alternate Chief Co-Sponsor Rep. Mary E. Flowers
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Alternate Co-Sponsor Removed Rep. Frank J. Mautino
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Robyn Gabel
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Alternate Chief Sponsor Changed to Rep. Robyn Gabel
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Health Care Licenses Committee; 008-000-000
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Assigned to Health Care Licenses Committee
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Committee Deadline Extended-Rule 9(b) April 30, 2010
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Added Alternate Co-Sponsor Rep. Frank J. Mautino
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Alternate Chief Co-Sponsor Removed Rep. Frank J. Mautino
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Added Alternate Co-Sponsor Rep. William B. Black
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Added Alternate Chief Co-Sponsor Rep. Frank J. Mautino
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Chief House Sponsor Rep. Dave Winters
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Arrived in House
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Third Reading - Passed; 056-000-000
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Added as Chief Co-Sponsor Sen. Dan Cronin
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 2 Adopted; Frerichs
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Recalled to Second Reading
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Added as Co-Sponsor Sen. Dan Rutherford
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Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-001
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Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Michael W. Frerichs
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Placed on Calendar Order of 3rd Reading March 11, 2010
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Second Reading
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Added as Chief Co-Sponsor Sen. Ira I. Silverstein
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Placed on Calendar Order of 2nd Reading March 9, 2010
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Do Pass as Amended Licensed Activities; 009-000-001
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Licensed Activities
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
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Assigned to Licensed Activities
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Michael W. Frerichs
Sponsors
- Lisa Hernandez · Cosponsor
- David Koehler · Cosponsor
- William B. Black · Cosponsor
- Naomi D. Jakobsson · Cosponsor
- La Shawn K. Ford · Cosponsor
- Mike Boland · Cosponsor
- Luis Arroyo · Cosponsor
- Eddie Washington · Cosponsor
- Paul D. Froehlich · Cosponsor
- Susana A. Mendoza · Cosponsor
- Deborah Mell · Cosponsor
- Michael W. Tryon · Cosponsor
- Robert F. Flider · Cosponsor
- Shane Cultra · Cosponsor
- Sr. Eddie Lee Jackson · Cosponsor
- Chapa LaVia · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 16 co-sponsors · 167 not signed on · 7 voted No
Sponsors (0)
None.
Co-sponsors (16)
- Hernandez, Lisa
- David Koehler Democrat
- William B. Black
- Naomi D. Jakobsson
- La Shawn K. Ford Democrat
- Mike Boland
- Luis Arroyo
- Eddie Washington
- Paul D. Froehlich
- Susana A. Mendoza
- Deborah Mell
- Michael W. Tryon
- Robert F. Flider
- Shane Cultra
- Eddie Lee Jackson, Sr.
- Chapa LaVia
Not signed on (167)
167 members have not signed on to this bill.
Show all 167 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 3 | 0 | 0 |
| Unaffiliated | 34 | 64 | 0 | 1 |
| Democrat | 9 | 4 | 0 | 0 |
| Total | 46 | 71 | 0 | 1 |
| % of votes cast | 39% | 60% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Holbrook | — | Nay |
| Jefferson | — | Yea |
| Mendoza | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Lyons | — | Yea |
| McGuire | — | Yea |
| Burke | — | Yea |
| Gordon, Careen | — | Yea |
| Hannig | — | Yea |
| Hernandez | — | Yea |
| Coulson | — | Yea |
| Dunkin | — | Yea |
| Flider | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Lang | — | Nay |
| Howard | — | Yea |
| Madigan | — | Yea |
| May | — | Nay |
| McAuliffe | — | Nay |
| McCarthy | — | Nay |
| Moffitt | — | Nay |
| Nekritz | — | Nay |
| Reitz | — | Nay |
| Osmond | — | Nay |
| Osterman | — | Yea |
| Ramey | — | Nay |
| Senger | — | Nay |
| Sente | — | Nay |
| Thapedi | — | Nay |
| Bradley | — | Nay |
| Brady | — | Nay |
| Verschoore | — | Nay |
| Wait | — | Nay |
| Winters | — | Yea |
| Sullivan | — | Nay |
| Mitchell, Bill | — | Nay |
| Zalewski | — | Yea |
| Mitchell, Jerry | — | Nay |
| Gordon, Jehan | — | Nay |
| Harris | — | Nay |
| Hays, Chad | — | Nay |
| Watson | — | Nay |
| Cavaletto | — | Nay |
| Coladipietro | — | Nay |
| Cole | — | Nay |
| Colvin | — | Nay |
| Connelly | — | Nay |
| Cross | — | Nay |
| Cultra | — | Yea |
| Currie | — | Yea |
| Dugan | — | Nay |
| Durkin | — | Nay |
| Eddy | — | Nay |
| Farnham | — | Nay |
| Fortner | — | Nay |
| Franks | — | Nay |
| Hatcher | — | Nay |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Nay |
| Davis, Monique | — | Nay |
| Mulligan | — | Not Voting |
| Pihos | — | Nay |
| Yarbrough | — | Nay |
| D'Amico | — | Nay |
| O'Sullivan | — | Nay |
| Phelps | — | Nay |
| Poe | — | Nay |
| Pritchard | — | Nay |
| Reboletti | — | Nay |
| Reis | — | Nay |
| Riley | — | Nay |
| Sacia | — | Nay |
| Saviano | — | Nay |
| Schmitz | — | Nay |
| Leitch | — | Nay |
| Acevedo | — | Nay |
| Arroyo | — | Yea |
| Bassi | — | Nay |
| Beaubien | — | Nay |
| Beiser | — | Nay |
| Mathias | — | Nay |
| Bellock | — | Nay |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Nay |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Nay |
| Burns | — | Nay |
| Carberry | — | Nay |
| Mell | — | Yea |
| McAsey | — | Nay |
| Flowers | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Nay |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Nay |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Nay |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Nay |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Nay |
| Jil Tracy | Republican | Nay |
| Kyle Moore | Republican | Yea |
| Norine K. Hammond | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 3 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| Hutchinson | — | Yea |
| Noland | — | Yea |
| Kotowski | — | Yea |
| McCarter | — | Yea |
| Millner | — | Yea |
| Muñoz | — | Yea |
| Schoenberg | — | Yea |
| Steans | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Sullivan | — | Yea |
| Clayborne | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| Cullerton | — | Yea |
| Meeks | — | Not Voting |
| Brady | — | Not Voting |
| Radogno | — | Not Voting |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Haine | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3712 do?
- Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that no person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship. Changes the definition of "veterinarian-client-patient relationship" to include a licensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable and appropriate medical care if he or she is unavailable. Adds exemptions from the Act for certain specified persons. Requires a veterinarian to maintain patient records, which shall include certain specified information, for a minimum of 5 years from the date of the last known contact with an animal patient. Increases the maximum civil penalty allowed for a violation of the Act from $5,000 to $10,000. Makes several changes to the definition of "practice of veterinary medicine". Makes changes to the definitions of "accredited program in veterinary technology", "certified veterinary technician", and "complementary, alternative, and integrative therapies". Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinary prescription drugs", and "veterinary specialist". Replaces all references in the Act to "Director" with "Secretary". Makes other changes. Also makes technical changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Veterinary Medicine and Surgery Practice Act of 2004 from January 1, 2014 to January 1, 2020. Effective immediately.
- Who sponsors SB 3712?
- SB 3712 is sponsored by Hernandez, Lisa, David Koehler (Democrat), William B. Black, Naomi D. Jakobsson, La Shawn K. Ford (Democrat), Mike Boland, Luis Arroyo, Eddie Washington, Paul D. Froehlich, Susana A. Mendoza, Deborah Mell, Michael W. Tryon, Robert F. Flider, Shane Cultra, Eddie Lee Jackson, Sr., and Chapa LaVia.
- What is the current status of SB 3712?
- This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 3712?
- Track SB 3712 free on One Click Politics — get push/email alerts when it moves.
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