HB2473 EngrossedLRB103 28983 AMQ 55369 b HB2473 Engrossed LRB103 28983 AMQ 55369 b HB2473 Engrossed LRB103 28983 AMQ 55369 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Sections 4.34 and 4.39 as follows: 6 (5 ILCS 80/4.34) 7 Sec. 4.34. Acts and Section repealed on January 1, 2024. 8 The following Acts and Section of an Act are repealed on 9 January 1, 2024: 10 The Crematory Regulation Act. 11 The Electrologist Licensing Act. 12 The Illinois Certified Shorthand Reporters Act of 13 1984. 14 The Illinois Occupational Therapy Practice Act. 15 The Illinois Public Accounting Act. 16 The Private Detective, Private Alarm, Private 17 Security, Fingerprint Vendor, and Locksmith Act of 2004. 18 The Registered Surgical Assistant and Registered 19 Surgical Technologist Title Protection Act. 20 Section 2.5 of the Illinois Plumbing License Law. 21 The Veterinary Medicine and Surgery Practice Act of 22 2004. 23 (Source: P.A. 102-291, eff. 8-6-21.) HB2473 Engrossed LRB103 28983 AMQ 55369 b HB2473 Engrossed- 2 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 2 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 2 - LRB103 28983 AMQ 55369 b 1 (5 ILCS 80/4.39) 2 Sec. 4.39. Acts repealed on January 1, 2029 and December 3 31, 2029. 4 (a) The following Act is repealed on January 1, 2029: 5 The Environmental Health Practitioner Licensing Act. 6 The Veterinary Medicine and Surgery Practice Act of 7 2004. 8 (b) The following Act is repealed on December 31, 2029: 9 The Structural Pest Control Act. 10 (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; 11 101-81, eff. 7-12-19.) 12 Section 10. The Veterinary Medicine and Surgery Practice 13 Act of 2004 is amended by changing Sections 3, 4, 8, 10, 10.5, 14 11, 12, 14.1, 25, 25.2, 25.6, 25.7, 25.9, 25.15, 25.17, and 27 15 and by adding Sections 3.5 and 4.5 as follows: 16 (225 ILCS 115/3) (from Ch. 111, par. 7003) 17 (Section scheduled to be repealed on January 1, 2024) 18 Sec. 3. Definitions. The following terms have the meanings 19 indicated, unless the context requires otherwise: 20 "Accredited college of veterinary medicine" means a 21 veterinary college, school, or division of a university or 22 college that offers the degree of Doctor of Veterinary 23 Medicine or its equivalent and that is accredited by the HB2473 Engrossed - 2 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 3 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 3 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 3 - LRB103 28983 AMQ 55369 b 1 Council on Education of the American Veterinary Medical 2 Association (AVMA). 3 "Address of record" means the designated address recorded 4 by the Department in the applicant's or licensee's application 5 file or license file as maintained by the Department's 6 licensure maintenance unit. It is the duty of the applicant or 7 licensee to inform the Department of any change of address, 8 and those changes must be made either through the Department's 9 website or by contacting the Department. 10 "Accredited program in veterinary technology" means any 11 post-secondary educational program that is accredited by the 12 AVMA's Committee on Veterinary Technician Education and 13 Activities or any veterinary technician program that is 14 recognized as its equivalent by the AVMA's Committee on 15 Veterinary Technician Education and Activities. 16 "Animal" means any animal, vertebrate or invertebrate, 17 other than a human. 18 "Board" means the Veterinary Licensing and Disciplinary 19 Board. 20 "Certified veterinary technician" means a person who is 21 validly and currently licensed to practice veterinary 22 technology in this State. 23 "Client" means an entity, person, group, or corporation 24 that has entered into an agreement with a veterinarian for the 25 purposes of obtaining veterinary medical services. 26 "Complementary, alternative, and integrative therapies" HB2473 Engrossed - 3 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 4 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 4 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 4 - LRB103 28983 AMQ 55369 b 1 means a heterogeneous group of diagnostic and therapeutic 2 philosophies and practices, which at the time they are 3 performed may differ from current scientific knowledge, or 4 whose theoretical basis and techniques may diverge from 5 veterinary medicine routinely taught in accredited veterinary 6 medical colleges, or both. "Complementary, alternative, and 7 integrative therapies" include, but are not limited to, 8 veterinary acupuncture, acutherapy, and acupressure; 9 veterinary homeopathy; veterinary manual or manipulative 10 therapy or therapy based on techniques practiced in 11 osteopathy, chiropractic medicine, or physical medicine and 12 therapy; veterinary nutraceutical therapy; veterinary 13 phytotherapy; and other therapies as defined by rule. 14 "Consultation" means when a veterinarian receives advice 15 in person, telephonically, electronically, or by any other 16 method of communication from a veterinarian licensed in this 17 or any other state or other person whose expertise, in the 18 opinion of the veterinarian, would benefit a patient. Under 19 any circumstance, the responsibility for the welfare of the 20 patient remains with the veterinarian receiving consultation. 21 "Department" means the Department of Financial and 22 Professional Regulation. 23 "Direct supervision" means the supervising veterinarian is 24 readily available on the premises where the animal is being 25 treated. 26 "Email address of record" means the designated email HB2473 Engrossed - 4 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 5 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 5 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 5 - LRB103 28983 AMQ 55369 b 1 address recorded by the Department in the applicant's 2 application file or the licensee's license file, as maintained 3 by the Department's licensure maintenance unit. 4 "Immediate supervision" means the supervising veterinarian 5 is in the immediate area, within audible and visual range of 6 the animal patient and the person treating the patient. 7 "Impaired veterinarian" means a veterinarian who is unable 8 to practice veterinary medicine with reasonable skill and 9 safety because of a physical or mental disability as evidenced 10 by a written determination or written consent based on 11 clinical evidence, including deterioration through the aging 12 process, loss of motor skills, or abuse of drugs or alcohol of 13 sufficient degree to diminish a person's ability to deliver 14 competent patient care. 15 "Indirect supervision" means the supervising veterinarian 16 need not be on the premises, but has given either written or 17 oral instructions for the treatment of the animal and is 18 available by telephone or other form of communication. 19 "Licensed veterinarian" means a person who is validly and 20 currently licensed to practice veterinary medicine in this 21 State. 22 "Patient" means an animal that is examined or treated by a 23 veterinarian. 24 "Person" means an individual, firm, partnership (general, 25 limited, or limited liability), association, joint venture, 26 cooperative, corporation, limited liability company, or any HB2473 Engrossed - 5 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 6 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 6 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 6 - LRB103 28983 AMQ 55369 b 1 other group or combination acting in concert, whether or not 2 acting as a principal, partner, member, trustee, fiduciary, 3 receiver, or any other kind of legal or personal 4 representative, or as the successor in interest, assignee, 5 agent, factor, servant, employee, director, officer, or any 6 other representative of such person. 7 "Practice of veterinary medicine" means to diagnose, 8 prognose, treat, correct, change, alleviate, or prevent animal 9 disease, illness, pain, deformity, defect, injury, or other 10 physical, dental, or mental conditions by any method or mode, 11 such as telehealth, ; including the performance of one or more 12 of the following: 13 (1) Prescribing, dispensing, administering, applying, 14 or ordering the administration of any drug, medicine, 15 biologic, apparatus, anesthetic, or other therapeutic or 16 diagnostic substance, or medical or surgical technique. 17 (2) (Blank). 18 (3) Performing upon an animal a surgical or dental 19 operation. 20 (3.5) Performing upon an animal complementary, 21 alternative, or integrative therapy. 22 (4) Performing upon an animal any manual or mechanical 23 procedure for reproductive management, including the 24 diagnosis or treatment of pregnancy, sterility, or 25 infertility. 26 (4.5) The rendering of advice or recommendation by any HB2473 Engrossed - 6 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 7 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 7 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 7 - LRB103 28983 AMQ 55369 b 1 means, including telephonic and other electronic 2 communications, with regard to the performing upon an 3 animal any manual or mechanical procedure for reproductive 4 management, including the diagnosis or treatment of 5 pregnancy, sterility, or infertility. 6 (5) Determining the health and fitness of an animal. 7 (6) Representing oneself, directly or indirectly, as 8 engaging in the practice of veterinary medicine. 9 (7) Using any word, letters, or title under such 10 circumstances as to induce the belief that the person 11 using them is qualified to engage in the practice of 12 veterinary medicine or any of its branches. Such use shall 13 be prima facie evidence of the intention to represent 14 oneself as engaging in the practice of veterinary 15 medicine. 16 "Secretary" means the Secretary of Financial and 17 Professional Regulation. 18 "Supervising veterinarian" means a veterinarian who 19 assumes responsibility for the professional care given to an 20 animal by a person working under his or her direction in either 21 an immediate, direct, or indirect supervision arrangement. The 22 supervising veterinarian must have examined the animal at such 23 time as acceptable veterinary medical practices requires, 24 consistent with the particular delegated animal health care 25 task. 26 "Teleadvice" means the provision of any health HB2473 Engrossed - 7 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 8 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 8 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 8 - LRB103 28983 AMQ 55369 b 1 information, opinion, guidance, or recommendation concerning 2 prudent actions that are not specific to a particular 3 patient's health, illness, or injury. This general advice is 4 not intended to diagnose, prognose, treat, correct, change, 5 alleviate, or prevent animal disease, illness, pain, 6 deformity, defect, injury, or other physical or mental 7 conditions. "Teleadvice" includes recommendations made by 8 veterinarians or non-veterinarians via phone, text, or online 9 that all animals should receive physical exams or premise 10 visits as part of a comprehensive healthcare plan or reference 11 to the importance of attending to regular vaccination or 12 parasite prevention as a key part of preventive care. 13 "Telehealth" means all uses of technology to remotely 14 gather and deliver health information, advice, education, and 15 care. "Telehealth" may be divided into categories based on who 16 is involved in the communication. For communication between 17 veterinarians and animal owners, 2 telehealth categories exist 18 that are distinguished by whether a 19 veterinarian-client-patient relationship has been 20 established, including: 21 (1) telemedicine includes the delivery of information 22 specific to a particular patient and is allowable only 23 within the context of an established 24 veterinarian-client-patient relationship; and 25 (2) without a veterinarian-client-patient 26 relationship, telehealth includes the delivery of general HB2473 Engrossed - 8 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 9 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 9 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 9 - LRB103 28983 AMQ 55369 b 1 advice, educational information, and teletriage to support 2 the care of animals in emergency situations. 3 "Telemedicine" means the use of a tool to exchange 4 information about a patient's clinical health status 5 electronically from one site to another. "Telemedicine" 6 includes using technology to communicate with a client and 7 visually observe the patient during a postoperative follow-up 8 examination and discussion. 9 "Telesupervision" means the supervision of certified 10 veterinary technicians using mediums such as audio conference, 11 audio and video conference, text message, and email. 12 "Teletriage" means the safe, appropriate, and timely 13 assessment and management, including an immediate referral to 14 a veterinarian or not, of a patient via electronic 15 consultation with the patient's owners. In assessing a 16 patient's condition electronically, the assessor determines 17 urgency and the need for immediate referral to a veterinarian 18 based on the owner's or responsible party's report of history 19 and clinical signs, which is sometimes supplemented by visual 20 information, such as photographs or video. During teletriage, 21 a diagnosis is not rendered. 22 "Therapeutic" means the treatment, control, and prevention 23 of disease. 24 "Veterinarian" means a person who is validly and currently 25 licensed to practice veterinary medicine in this State. 26 "Veterinarian-client-patient relationship" means that all HB2473 Engrossed - 9 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 10 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 10 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 10 - LRB103 28983 AMQ 55369 b 1 of the following conditions have been met: 2 (1) The veterinarian has assumed the responsibility 3 for making clinical judgments regarding the health of an 4 animal and the need for medical treatment and the client, 5 owner, or other caretaker has agreed to follow the 6 instructions of the veterinarian; 7 (2) There is sufficient knowledge of an animal by the 8 veterinarian to initiate at least a general or preliminary 9 diagnosis of the medical condition of the animal. This 10 means that the veterinarian has recently seen and is 11 personally acquainted with the keeping and care of the 12 animal by virtue of an examination of the animal or by 13 medically appropriate and timely visits to the premises 14 where the animal is kept, or the veterinarian has access 15 to the animal patient's records and has been designated by 16 the veterinarian with the prior relationship to provide 17 reasonable and appropriate medical care if the 18 veterinarian with the prior relationship he or she is 19 unavailable; and 20 (3) The practicing veterinarian is readily available 21 for follow-up in case of adverse reactions or failure of 22 the treatment regimen or, if unavailable, has designated 23 another available veterinarian who has access to the 24 animal patient's records to provide reasonable and 25 appropriate medical care. 26 "Veterinarian-client-patient relationship" does not mean a HB2473 Engrossed - 10 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 11 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 11 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 11 - LRB103 28983 AMQ 55369 b 1 relationship solely based on telephonic or other electronic 2 communications. 3 "Veterinary medicine" means all branches and specialties 4 included within the practice of veterinary medicine. 5 "Veterinary premises" means any premises or facility where 6 the practice of veterinary medicine occurs, including, but not 7 limited to, a mobile clinic, outpatient clinic, satellite 8 clinic, or veterinary hospital or clinic. "Veterinary 9 premises" does not mean the premises of a veterinary client, 10 research facility, a federal military base, or an accredited 11 college of veterinary medicine. 12 "Veterinary prescription drugs" means those drugs 13 restricted to use by or on the order of a licensed veterinarian 14 in accordance with Section 503(f) of the Federal Food, Drug, 15 and Cosmetic Act (21 U.S.C. 353). 16 "Veterinary specialist" means that a veterinarian is a 17 diplomate within an AVMA-recognized veterinary specialty 18 organization. 19 "Veterinary technology" means the performance of services 20 within the field of veterinary medicine by a person who, for 21 compensation or personal profit, is employed by a licensed 22 veterinarian to perform duties that require an understanding 23 of veterinary medicine necessary to carry out the orders of 24 the veterinarian. Those services, however, shall not include 25 diagnosing, prognosing, writing prescriptions, or surgery. 26 (Source: P.A. 98-339, eff. 12-31-13.) HB2473 Engrossed - 11 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 12 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 12 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 12 - LRB103 28983 AMQ 55369 b 1 (225 ILCS 115/3.5 new) 2 Sec. 3.5. Address of record; email address of record. All 3 applicants and licensees shall: 4 (1) provide a valid address and email address to the 5 Department, which shall serve as the address of record and 6 email address of record, respectively, at the time of 7 application for licensure or renewal of a license; and 8 (2) inform the Department of any change of address of 9 record or email address of record within 14 days after 10 such change either through the Department's website or by 11 contacting the Department's licensure maintenance unit. 12 (225 ILCS 115/4) (from Ch. 111, par. 7004) 13 (Section scheduled to be repealed on January 1, 2024) 14 Sec. 4. Exemptions. Nothing in this Act shall apply to any 15 of the following: 16 (1) Veterinarians employed by the federal or State 17 government while engaged in their official duties. 18 (2) Licensed veterinarians from other states who are 19 invited to Illinois for consultation by a veterinarian 20 licensed in Illinois. 21 (3) Veterinarians employed by colleges or universities 22 while engaged in the performance of their official duties, 23 or faculty engaged in animal husbandry or animal 24 management programs of colleges or universities. HB2473 Engrossed - 12 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 13 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 13 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 13 - LRB103 28983 AMQ 55369 b 1 (3.5) A veterinarian or veterinary technician from 2 another state or country who (A) is not licensed under 3 this Act; (B) is currently licensed as a veterinarian or 4 veterinary technician in another state or country, or 5 otherwise exempt from licensure in the other state; (C) is 6 an invited guest of a professional veterinary association, 7 veterinary training program, or continuing education 8 provider approved by the Department; and (D) engages in 9 professional education through lectures, clinics, or 10 demonstrations. 11 (4) A veterinarian employed by an accredited college 12 of veterinary medicine providing assistance requested by a 13 veterinarian licensed in Illinois, acting with informed 14 consent from the client and acting under the direct or 15 indirect supervision and control of the licensed 16 veterinarian. Providing assistance involves hands-on 17 active participation in the treatment and care of the 18 patient. The licensed veterinarian shall maintain 19 responsibility for the veterinarian-client-patient 20 relationship. 21 (5) Veterinary students in an accredited college of 22 veterinary medicine, university, department of a 23 university, or other institution of veterinary medicine 24 and surgery engaged in duties assigned by their 25 instructors or working under the immediate or direct 26 supervision of a licensed veterinarian. HB2473 Engrossed - 13 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 14 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 14 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 14 - LRB103 28983 AMQ 55369 b 1 (5.5) Students of an accredited program in veterinary 2 technology performing veterinary technology duties or 3 actions assigned by instructors or working under the 4 immediate or direct supervision of a licensed 5 veterinarian. 6 (6) Any person engaged in bona fide scientific 7 research which requires the use of animals. 8 (7) An owner of livestock and any of the owner's 9 employees or the owner and employees of a service and care 10 provider of livestock caring for and treating livestock 11 belonging to the owner or under a provider's care, 12 including but not limited to, the performance of husbandry 13 and livestock management practices such as dehorning, 14 castration, emasculation, or docking of cattle, horses, 15 sheep, goats, and swine, artificial insemination, and 16 drawing of semen. Nor shall this Act be construed to 17 prohibit any person from administering in a humane manner 18 medicinal or surgical treatment to any livestock in the 19 care of such person. However, any such services shall 20 comply with the Humane Care for Animals Act. 21 (8) An owner of an animal, or an agent of the owner 22 acting with the owner's approval, in caring for, training, 23 or treating an animal belonging to the owner, so long as 24 that individual or agent does not represent himself or 25 herself as a veterinarian or use any title associated with 26 the practice of veterinary medicine or surgery or HB2473 Engrossed - 14 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 15 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 15 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 15 - LRB103 28983 AMQ 55369 b 1 diagnose, prescribe drugs, or perform surgery. The agent 2 shall provide the owner with a written statement 3 summarizing the nature of the services provided and obtain 4 a signed acknowledgment from the owner that they accept 5 the services provided. The services shall comply with the 6 Humane Care for Animals Act. The provisions of this item 7 (8) do not apply to a person who is exempt under item (7). 8 (9) A member in good standing of another licensed or 9 regulated profession within any state or a member of an 10 organization or group approved by the Department by rule 11 providing assistance that is requested in writing by a 12 veterinarian licensed in this State acting within a 13 veterinarian-client-patient relationship and with 14 informed consent from the client and the member is acting 15 under the immediate, direct, or indirect supervision and 16 control of the licensed veterinarian. Providing assistance 17 involves hands-on active participation in the treatment 18 and care of the patient, as defined by rule. The licensed 19 veterinarian shall maintain responsibility for the 20 veterinarian-client-patient relationship, but shall be 21 immune from liability, except for willful and wanton 22 conduct, in any civil or criminal action if a member 23 providing assistance does not meet the requirements of 24 this item (9). 25 (10) A graduate of a non-accredited college of 26 veterinary medicine who is in the process of obtaining a HB2473 Engrossed - 15 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 16 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 16 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 16 - LRB103 28983 AMQ 55369 b 1 certificate of educational equivalence and is performing 2 duties or actions assigned by instructors in an approved 3 college of veterinary medicine. 4 (10.5) A veterinarian who is enrolled in a 5 postgraduate instructional program in an accredited 6 college of veterinary medicine performing duties or 7 actions assigned by instructors or working under the 8 immediate or direct supervision of a licensed veterinarian 9 or a faculty member of the College of Veterinary Medicine 10 at the University of Illinois. 11 (11) A certified euthanasia technician who is 12 authorized to perform euthanasia in the course and scope 13 of his or her employment only as permitted by the Humane 14 Euthanasia in Animal Shelters Act. 15 (12) A person who, without expectation of 16 compensation, provides emergency veterinary care in an 17 emergency or disaster situation so long as the person he 18 or she does not represent oneself himself or herself as a 19 veterinarian or use a title or degree pertaining to the 20 practice of veterinary medicine and surgery. 21 (13) Any certified veterinary technician or other 22 employee of a licensed veterinarian performing permitted 23 duties other than diagnosis, prognosis, prescription, or 24 surgery under the appropriate direction and supervision of 25 the veterinarian, who shall be responsible for the 26 performance of the employee. HB2473 Engrossed - 16 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 17 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 17 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 17 - LRB103 28983 AMQ 55369 b 1 (13.5) Any pharmacist licensed in the State, merchant, 2 or manufacturer selling at a his or her regular place of 3 business medicines, feed, appliances, or other products 4 used in the prevention or treatment of animal diseases as 5 permitted by law and provided that the services provided 6 he or she provides do not include diagnosing, prognosing, 7 writing prescriptions, or surgery. 8 (14) An approved humane investigator regulated under 9 the Humane Care for Animals Act or employee of a shelter 10 licensed under the Animal Welfare Act, working under the 11 indirect supervision of a licensed veterinarian. 12 (15) An individual providing equine dentistry services 13 requested by a veterinarian licensed to practice in this 14 State, an owner, or an owner's agent. For the purposes of 15 this item (15), "equine dentistry services" means floating 16 teeth without the use of drugs or extraction. 17 (15.5) In the event of an emergency or disaster, a 18 veterinarian or veterinary technician not licensed in this 19 State who (A) is responding to a request for assistance 20 from the Illinois Department of Agriculture, the Illinois 21 Department of Public Health, the Illinois Emergency 22 Management Agency, or other State agency as determined by 23 the Department; (B) is licensed and in good standing in 24 another state; and (C) has been granted a temporary waiver 25 from licensure by the Department. 26 (16) Private treaty sale of animals unless otherwise HB2473 Engrossed - 17 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 18 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 18 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 18 - LRB103 28983 AMQ 55369 b 1 provided by law. 2 (Source: P.A. 98-339, eff. 12-31-13.) 3 (225 ILCS 115/4.5 new) 4 Sec. 4.5. Telehealth. Telehealth occurs when either the 5 animal who is receiving the care is located in the State when 6 receiving telehealth treatment or the veterinarian providing 7 the care to the animal is located in the State when providing 8 telehealth treatment, pursuant to the provisions of Section 5. 9 Telehealth may only be used when a veterinarian has an 10 established veterinarian-client-patient relationship. 11 Telehealth may be used in the following circumstances: 12 (1) when a physical examination of the patient has 13 been conducted within one year; or 14 (2) if it is possible to make a diagnosis and create a 15 treatment plan without a recent physical examination based 16 on professional standards of care. 17 A veterinarian shall not substitute telehealth, 18 teleadvice, telemedicine, or teletriage when a physical 19 examination is warranted or necessary for an accurate 20 diagnosis of any medical condition or creation of an 21 appropriate treatment plan. All minimum standards of practice 22 and provisions under this Act and rules shall be maintained. 23 A veterinarian shall ensure that any technology used in 24 the provision of telehealth is sufficient and of appropriate 25 quality to provide accurate remote assessment and diagnosis. A HB2473 Engrossed - 18 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 19 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 19 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 19 - LRB103 28983 AMQ 55369 b 1 veterinarian shall meet all recordkeeping requirements 2 pursuant to subsection (c) of Section 25.17. 3 A supervising veterinarian may delegate telehealth 4 services to a certified veterinary technician who is acting 5 under direct or indirect supervision and in accordance with 6 the Act and rules. A valid veterinarian-client-patient 7 relationship established by a physical examination conducted 8 by the supervising veterinarian must exist for the certified 9 veterinary technician to provide delegated telehealth 10 services. 11 A veterinarian and a certified veterinary technician 12 providing telehealth services shall, at the time of service, 13 provide the veterinarian or certified veterinary technician's 14 contact information, including the veterinarian or certified 15 veterinary technician's full name, to the client or practice 16 using the service. All telehealth records shall be provided to 17 the client upon request. 18 (225 ILCS 115/8) (from Ch. 111, par. 7008) 19 (Section scheduled to be repealed on January 1, 2024) 20 Sec. 8. Qualifications. A person is qualified to receive a 21 license if the applicant he or she: (1) is of good moral 22 character; (2) has graduated from an accredited college or 23 school of veterinary medicine; and (3) has passed the 24 examination authorized by the Department to determine fitness 25 to hold a license. HB2473 Engrossed - 19 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 20 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 20 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 20 - LRB103 28983 AMQ 55369 b 1 Applicants for licensure from non-accredited veterinary 2 schools are required to successfully complete a program of 3 educational equivalency as established by rule. At a minimum, 4 this program shall include all of the following: 5 (1) A certified transcript indicating graduation from 6 such college. 7 (2) Successful completion of a communication ability 8 examination designed to assess communication skills, 9 including a command of the English language. 10 (3) Successful completion of an examination or 11 assessment mechanism designed to evaluate educational 12 equivalence, including both preclinical and clinical 13 competencies. 14 (4) Any other reasonable assessment mechanism designed 15 to ensure an applicant possesses the educational 16 background necessary to protect the public health and 17 safety. 18 Successful completion of the criteria set forth in this 19 Section shall establish education equivalence as one of the 20 criteria for licensure set forth in this Act. Applicants under 21 this Section must also meet all other statutory criteria for 22 licensure prior to the issuance of any such license, including 23 graduation from veterinary school. 24 A graduate of a non-approved veterinary school who was 25 issued a work permit by the Department before the effective 26 date of this amendatory Act of the 93rd General Assembly may HB2473 Engrossed - 20 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 21 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 21 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 21 - LRB103 28983 AMQ 55369 b 1 continue to work under the direct supervision of a licensed 2 veterinarian until the expiration of his or her permit. 3 In determining moral character under this Section, the 4 Department may take into consideration any felony conviction 5 of the applicant, but such a conviction shall not operate as a 6 bar to obtaining a license. The Department may also request 7 the applicant to submit and may consider as evidence of moral 8 character, endorsements from 2 individuals licensed under this 9 Act. 10 (Source: P.A. 93-281, eff. 12-31-03.) 11 (225 ILCS 115/10) (from Ch. 111, par. 7010) 12 (Section scheduled to be repealed on January 1, 2024) 13 Sec. 10. Application for licensure. A person who desires 14 to obtain a license as a veterinarian or a certificate as a 15 veterinary technician shall apply to the Department on forms 16 provided by the Department. Each application shall be 17 accompanied by proof of qualifications and shall be verified 18 by the applicant under oath and be accompanied by the required 19 fee. 20 If an applicant neglects, fails, or refuses to take an 21 examination or fails to pass an examination for a license or 22 otherwise fails to complete the application process under this 23 Act within 3 years after filing the applicant's application, 24 the application shall be denied. However, such applicant may 25 make a new application for examination accompanied by the HB2473 Engrossed - 21 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 22 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 22 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 22 - LRB103 28983 AMQ 55369 b 1 required fee and must furnish proof of meeting qualifications 2 for examination in effect at the time of new application. 3 (Source: P.A. 88-424.) 4 (225 ILCS 115/10.5) 5 (Section scheduled to be repealed on January 1, 2024) 6 Sec. 10.5. Social Security Number or individual taxpayer 7 identification number on license application. In addition to 8 any other information required to be contained in the 9 application, every application for an original license under 10 this Act shall include the applicant's Social Security Number 11 or individual taxpayer identification number, which shall be 12 retained in the agency's records pertaining to the license. As 13 soon as practical, the Department shall assign a customer's 14 identification number to each applicant for a license. 15 Every application for a renewal or restored license shall 16 require the applicant's customer identification number. 17 (Source: P.A. 97-400, eff. 1-1-12.) 18 (225 ILCS 115/11) (from Ch. 111, par. 7011) 19 (Section scheduled to be repealed on January 1, 2024) 20 Sec. 11. Practice pending licensure. A person holding the 21 degree of Doctor of Veterinary Medicine, or its equivalent, 22 from an accredited college of veterinary medicine, and who has 23 applied in writing to the Department for a license to practice 24 veterinary medicine and surgery in any of its branches, and HB2473 Engrossed - 22 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 23 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 23 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 23 - LRB103 28983 AMQ 55369 b 1 who has fulfilled the requirements of Section 8 of this Act, 2 with the exception of receipt of notification of his or her 3 examination results, may practice under the direct supervision 4 of a veterinarian who is licensed in this State, until: (1) the 5 applicant has been notified of his or her failure to pass the 6 examination authorized by the Department; (2) the applicant 7 has withdrawn his or her application; (3) the applicant has 8 received a license from the Department after successfully 9 passing the examination authorized by the Department; or (4) 10 the applicant has been notified by the Department to cease and 11 desist from practicing. 12 The applicant shall perform only those acts that may be 13 prescribed by and incidental to his or her employment and 14 those acts shall be performed under the direction of a 15 supervising veterinarian who is licensed in this State. The 16 applicant shall not be entitled to otherwise engage in the 17 practice of veterinary medicine until fully licensed in this 18 State. 19 The Department shall immediately notify, by certified 20 mail, the supervising veterinarian employing the applicant and 21 the applicant that the applicant shall immediately cease and 22 desist from practicing if the applicant (1) practices outside 23 his or her employment under a licensed veterinarian; (2) 24 violates any provision of this Act; or (3) becomes ineligible 25 for licensure under this Act. 26 (Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09; HB2473 Engrossed - 23 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 24 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 24 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 24 - LRB103 28983 AMQ 55369 b 1 96-1000, eff. 7-2-10.) 2 (225 ILCS 115/12) (from Ch. 111, par. 7012) 3 (Section scheduled to be repealed on January 1, 2024) 4 Sec. 12. Renewal and inactive status; restoration; 5 military service. 6 (a) The expiration date and renewal period for each 7 license or certificate shall be set by rule. 8 (b) A licensee who has permitted his or her license to 9 expire or who has had his or her license on inactive status may 10 have the license restored by making application to the 11 Department by filing proof acceptable to the Department of his 12 or her fitness to have the license restored and by paying the 13 required fees. Proof of fitness may include sworn evidence 14 certifying to active lawful practice in another jurisdiction. 15 If the licensee has not maintained an active practice in 16 another jurisdiction satisfactory to the Department, the 17 Department shall determine, by an evaluation program 18 established by rule, his or her fitness for restoration of the 19 license and shall establish procedures and requirements for 20 restoration. 21 (c) A licensee whose license expired while the licensee he 22 or she was (1) in federal service on active duty with the Armed 23 Forces of the United States or the State Militia called into 24 service or training or (2) in training or education under the 25 supervision of the United States before induction into the HB2473 Engrossed - 24 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 25 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 25 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 25 - LRB103 28983 AMQ 55369 b 1 military service, may have the license restored without paying 2 any lapsed renewal fees if within 2 years after honorable 3 termination of the service, training, or education the 4 licensee he or she furnishes the Department with satisfactory 5 evidence to the effect that the licensee he or she has been so 6 engaged and that the licensee's his or her service, training, 7 or education has been so terminated. 8 (d) Any licensee who notifies the Department in writing on 9 the prescribed form may place the licensee's his or her license 10 or certification on an inactive status and shall, subject to 11 rule, be exempt from payment of the renewal fee until the 12 licensee he or she notifies the Department in writing of the 13 licensee's his or her intention to resume active status. 14 (e) Any veterinarian or certified veterinary technician 15 requesting restoration from inactive or expired status shall 16 be required to complete the continuing education requirements 17 for a single license or certificate renewal period, pursuant 18 to rule, and pay the current renewal fee to restore the renewal 19 applicant's his or her license or certification as provided in 20 this Act. 21 (f) Any licensee whose license is in inactive, expired, or 22 suspended status shall not practice veterinary medicine and 23 surgery in this State. 24 (Source: P.A. 98-339, eff. 12-31-13.) 25 (225 ILCS 115/14.1) (from Ch. 111, par. 7014.1) HB2473 Engrossed - 25 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 26 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 26 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 26 - LRB103 28983 AMQ 55369 b 1 (Section scheduled to be repealed on January 1, 2024) 2 Sec. 14.1. Returned checks; fines. Any person who delivers 3 a check or other payment to the Department that is returned to 4 the Department unpaid by the financial institution upon which 5 it is drawn shall pay to the Department, in addition to the 6 amount already owed to the Department, a fine of $50. The fines 7 imposed by this Section are in addition to any other 8 discipline provided under this Act for unlicensed practice or 9 practice on a nonrenewed license or certificate. The 10 Department shall notify the person that payment of fees and 11 fines shall be paid to the Department by certified check or 12 money order within 30 calendar days of the notification. If, 13 after the expiration of 30 days from the date of the 14 notification, the person has failed to submit the necessary 15 remittance, the Department shall automatically terminate the 16 license or certificate or deny the application, without 17 hearing. If, after termination or denial, the person seeks a 18 license or certificate, the person he or she shall apply to the 19 Department for restoration or issuance of the license or 20 certificate and pay all fees and fines due to the Department. 21 The Department may establish a fee for the processing of an 22 application for restoration of a license or certificate to pay 23 all expenses of processing this application. The Secretary may 24 waive the fines due under this Section in individual cases 25 where the Secretary finds that the fines would be unreasonable 26 or unnecessarily burdensome. HB2473 Engrossed - 26 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 27 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 27 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 27 - LRB103 28983 AMQ 55369 b 1 (Source: P.A. 96-1322, eff. 7-27-10.) 2 (225 ILCS 115/25) (from Ch. 111, par. 7025) 3 (Section scheduled to be repealed on January 1, 2024) 4 Sec. 25. Disciplinary actions. 5 1. The Department may refuse to issue or renew, or may 6 revoke, suspend, place on probation, reprimand, or take other 7 disciplinary or non-disciplinary action as the Department may 8 deem appropriate, including imposing fines not to exceed 9 $10,000 for each violation and the assessment of costs as 10 provided for in Section 25.3 of this Act, with regard to any 11 license or certificate for any one or combination of the 12 following: 13 A. Material misstatement in furnishing information to 14 the Department. 15 B. Violations of this Act, or of the rules adopted 16 pursuant to this Act. 17 C. Conviction by plea of guilty or nolo contendere, 18 finding of guilt, jury verdict, or entry of judgment or by 19 sentencing of any crime, including, but not limited to, 20 convictions, preceding sentences of supervision, 21 conditional discharge, or first offender probation, under 22 the laws of any jurisdiction of the United States that is 23 (i) a felony or (ii) a misdemeanor, an essential element 24 of which is dishonesty, or that is directly related to the 25 practice of the profession. HB2473 Engrossed - 27 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 28 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 28 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 28 - LRB103 28983 AMQ 55369 b 1 D. Fraud or any misrepresentation in applying for or 2 procuring a license under this Act or in connection with 3 applying for renewal of a license under this Act. 4 E. Professional incompetence. 5 F. Malpractice. 6 G. Aiding or assisting another person in violating any 7 provision of this Act or rules. 8 H. Failing, within 60 days, to provide information in 9 response to a written request made by the Department. 10 I. Engaging in dishonorable, unethical, or 11 unprofessional conduct of a character likely to deceive, 12 defraud, or harm the public. 13 J. Habitual or excessive use or abuse of drugs defined 14 in law as controlled substances, alcohol, or any other 15 substance that results in the inability to practice with 16 reasonable judgment, skill, or safety. 17 K. Discipline by another state, unit of government, 18 government agency, District of Columbia, territory, or 19 foreign nation, if at least one of the grounds for the 20 discipline is the same or substantially equivalent to 21 those set forth herein. 22 L. Charging for professional services not rendered, 23 including filing false statements for the collection of 24 fees for which services are not rendered. 25 M. A finding by the Board that the licensee or 26 certificate holder, after having his license or HB2473 Engrossed - 28 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 29 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 29 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 29 - LRB103 28983 AMQ 55369 b 1 certificate placed on probationary status, has violated 2 the terms of probation. 3 N. Willfully making or filing false records or reports 4 in his practice, including but not limited to false 5 records filed with State agencies or departments. 6 O. Physical illness, including but not limited to, 7 deterioration through the aging process, or loss of motor 8 skill which results in the inability to practice under 9 this Act with reasonable judgment, skill, or safety. 10 P. Solicitation of professional services other than 11 permitted advertising. 12 Q. Allowing one's license under this Act to be used by 13 an unlicensed person in violation of this Act. 14 R. Conviction of or cash compromise of a charge or 15 violation of the Harrison Act or the Illinois Controlled 16 Substances Act, regulating narcotics. 17 S. Fraud or dishonesty in applying, treating, or 18 reporting on tuberculin or other biological tests. 19 T. Failing to report, as required by law, or making 20 false report of any contagious or infectious diseases. 21 U. Fraudulent use or misuse of any health certificate, 22 shipping certificate, brand inspection certificate, or 23 other blank forms used in practice that might lead to the 24 dissemination of disease or the transportation of diseased 25 animals dead or alive; or dilatory methods, willful 26 neglect, or misrepresentation in the inspection of milk, HB2473 Engrossed - 29 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 30 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 30 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 30 - LRB103 28983 AMQ 55369 b 1 meat, poultry, and the by-products thereof. 2 V. Conviction on a charge of cruelty to animals. 3 W. Failure to keep one's premises and all equipment 4 therein in a clean and sanitary condition. 5 X. Failure to provide satisfactory proof of having 6 participated in approved continuing education programs. 7 Y. Mental illness or disability that results in the 8 inability to practice under this Act with reasonable 9 judgment, skill, or safety. 10 Z. (Blank). Conviction by any court of competent 11 jurisdiction, either within or outside this State, of any 12 violation of any law governing the practice of veterinary 13 medicine, if the Department determines, after 14 investigation, that the person has not been sufficiently 15 rehabilitated to warrant the public trust. 16 AA. Promotion of the sale of drugs, devices, 17 appliances, or goods provided for a patient in any manner 18 to exploit the client for financial gain of the 19 veterinarian. 20 BB. Gross, willful, or continued overcharging for 21 professional services. 22 CC. Practicing under a false or, except as provided by 23 law, an assumed name. 24 DD. Violating state or federal laws or regulations 25 relating to controlled substances or legend drugs. 26 EE. Cheating on or attempting to subvert the licensing HB2473 Engrossed - 30 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 31 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 31 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 31 - LRB103 28983 AMQ 55369 b 1 examination administered under this Act. 2 FF. Using, prescribing, or selling a prescription drug 3 or the extra-label use of a prescription drug by any means 4 in the absence of a valid veterinarian-client-patient 5 relationship. 6 GG. Failing to report a case of suspected aggravated 7 cruelty, torture, or animal fighting pursuant to Section 8 3.07 or 4.01 of the Humane Care for Animals Act or Section 9 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal 10 Code of 2012. 11 All fines imposed under this Section shall be paid within 12 60 days after the effective date of the order imposing the fine 13 or in accordance with the terms set forth in the order imposing 14 the fine. 15 2. The determination by a circuit court that a licensee or 16 certificate holder is subject to involuntary admission or 17 judicial admission as provided in the Mental Health and 18 Developmental Disabilities Code operates as an automatic 19 suspension. The suspension will end only upon a finding by a 20 court that the patient is no longer subject to involuntary 21 admission or judicial admission and issues an order so finding 22 and discharging the patient. In any case where a license is 23 suspended under this provision, the licensee shall file a 24 petition for restoration and shall include evidence acceptable 25 to the Department that the licensee can resume practice in 26 compliance with acceptable and prevailing standards of his or HB2473 Engrossed - 31 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 32 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 32 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 32 - LRB103 28983 AMQ 55369 b 1 her profession. 2 3. All proceedings to suspend, revoke, place on 3 probationary status, or take any other disciplinary action as 4 the Department may deem proper, with regard to a license or 5 certificate on any of the foregoing grounds, must be commenced 6 within 5 years after receipt by the Department of a complaint 7 alleging the commission of or notice of the conviction order 8 for any of the acts described in this Section. Except for 9 proceedings brought for violations of items (CC), (DD), or 10 (EE), no action shall be commenced more than 5 years after the 11 date of the incident or act alleged to have violated this 12 Section. In the event of the settlement of any claim or cause 13 of action in favor of the claimant or the reduction to final 14 judgment of any civil action in favor of the plaintiff, the 15 claim, cause of action, or civil action being grounded on the 16 allegation that a person licensed or certified under this Act 17 was negligent in providing care, the Department shall have an 18 additional period of one year from the date of the settlement 19 or final judgment in which to investigate and begin formal 20 disciplinary proceedings under Section 25.2 of this Act, 21 except as otherwise provided by law. The time during which the 22 holder of the license or certificate was outside the State of 23 Illinois shall not be included within any period of time 24 limiting the commencement of disciplinary action by the 25 Department. 26 4. The Department may refuse to issue or may suspend HB2473 Engrossed - 32 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 33 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 33 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 33 - LRB103 28983 AMQ 55369 b 1 without hearing, as provided for in the Illinois Code of Civil 2 Procedure, the license of any person who fails to file a 3 return, to pay the tax, penalty, or interest shown in a filed 4 return, or to pay any final assessment of tax, penalty, or 5 interest as required by any tax Act administered by the 6 Illinois Department of Revenue, until such time as the 7 requirements of any such tax Act are satisfied in accordance 8 with subsection (g) of Section 2105-15 of the Civil 9 Administrative Code of Illinois. 10 5. In enforcing this Section, the Department, upon a 11 showing of a possible violation, may compel any individual who 12 is registered under this Act or any individual who has applied 13 for registration to submit to a mental or physical examination 14 or evaluation, or both, which may include a substance abuse or 15 sexual offender evaluation, at the expense of the Department. 16 The Department shall specifically designate the examining 17 physician licensed to practice medicine in all of its branches 18 or, if applicable, the multidisciplinary team involved in 19 providing the mental or physical examination and evaluation. 20 The multidisciplinary team shall be led by a physician 21 licensed to practice medicine in all of its branches and may 22 consist of one or more or a combination of physicians licensed 23 to practice medicine in all of its branches, licensed 24 chiropractic physicians, licensed clinical psychologists, 25 licensed clinical social workers, licensed clinical 26 professional counselors, and other professional and HB2473 Engrossed - 33 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 34 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 34 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 34 - LRB103 28983 AMQ 55369 b 1 administrative staff. Any examining physician or member of the 2 multidisciplinary team may require any person ordered to 3 submit to an examination and evaluation pursuant to this 4 Section to submit to any additional supplemental testing 5 deemed necessary to complete any examination or evaluation 6 process, including, but not limited to, blood testing, 7 urinalysis, psychological testing, or neuropsychological 8 testing. 9 The Department may order the examining physician or any 10 member of the multidisciplinary team to provide to the 11 Department any and all records, including business records, 12 that relate to the examination and evaluation, including any 13 supplemental testing performed. The Department may order the 14 examining physician or any member of the multidisciplinary 15 team to present testimony concerning this examination and 16 evaluation of the registrant or applicant, including testimony 17 concerning any supplemental testing or documents relating to 18 the examination and evaluation. No information, report, 19 record, or other documents in any way related to the 20 examination and evaluation shall be excluded by reason of any 21 common law or statutory privilege relating to communication 22 between the licensee or applicant and the examining physician 23 or any member of the multidisciplinary team. No authorization 24 is necessary from the registrant or applicant ordered to 25 undergo an evaluation and examination for the examining 26 physician or any member of the multidisciplinary team to HB2473 Engrossed - 34 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 35 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 35 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 35 - LRB103 28983 AMQ 55369 b 1 provide information, reports, records, or other documents or 2 to provide any testimony regarding the examination and 3 evaluation. The individual to be examined may have, at his or 4 her own expense, another physician of his or her choice 5 present during all aspects of the examination. 6 Failure of any individual to submit to mental or physical 7 examination or evaluation, or both, when directed, shall 8 result in an automatic suspension without hearing, until such 9 time as the individual submits to the examination. If the 10 Department finds a registrant unable to practice because of 11 the reasons set forth in this Section, the Department shall 12 require such registrant to submit to care, counseling, or 13 treatment by physicians approved or designated by the 14 Department as a condition for continued, reinstated, or 15 renewed registration. 16 In instances in which the Secretary immediately suspends a 17 registration under this Section, a hearing upon such person's 18 registration must be convened by the Department within 15 days 19 after such suspension and completed without appreciable delay. 20 The Department shall have the authority to review the 21 registrant's record of treatment and counseling regarding the 22 impairment to the extent permitted by applicable federal 23 statutes and regulations safeguarding the confidentiality of 24 medical records. 25 Individuals registered under this Act who are affected 26 under this Section, shall be afforded an opportunity to HB2473 Engrossed - 35 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 36 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 36 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 36 - LRB103 28983 AMQ 55369 b 1 demonstrate to the Department that they can resume practice in 2 compliance with acceptable and prevailing standards under the 3 provisions of their registration. 4 6. (Blank). 5 7. In cases where the Department of Healthcare and Family 6 Services has previously determined a licensee or a potential 7 licensee is more than 30 days delinquent in the payment of 8 child support and has subsequently certified the delinquency 9 to the Department, the Department may refuse to issue or renew 10 or may revoke or suspend that person's license or may take 11 other disciplinary action against that person based solely 12 upon the certification of delinquency made by the Department 13 of Healthcare and Family Services in accordance with paragraph 14 (5) of subsection (a) of Section 2105-15 of the Civil 15 Administrative Code of Illinois. 16 (Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.) 17 (225 ILCS 115/25.2) (from Ch. 111, par. 7025.2) 18 (Section scheduled to be repealed on January 1, 2024) 19 Sec. 25.2. Investigation; notice and hearing. The 20 Department may investigate the actions of any applicant or of 21 any person or persons holding or claiming to hold a license or 22 certificate. The Department shall, before refusing to issue, 23 to renew or discipline a license or certificate under Section 24 25, at least 30 days prior to the date set for the hearing, 25 notify the applicant or licensee in writing of the nature of HB2473 Engrossed - 36 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 37 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 37 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 37 - LRB103 28983 AMQ 55369 b 1 the charges and the time and place for a hearing on the 2 charges. The Department shall direct the applicant, 3 certificate holder, or licensee to file a written answer to 4 the charges with the Board under oath within 20 days after the 5 service of the notice and inform the applicant, certificate 6 holder, or licensee that failure to file an answer will result 7 in default being taken against the applicant, certificate 8 holder, or licensee. At the time and place fixed in the notice, 9 the Department shall proceed to hear the charges and the 10 parties or their counsel shall be accorded ample opportunity 11 to present any pertinent statements, testimony, evidence, and 12 arguments. The Department may continue the hearing from time 13 to time. In case the person, after receiving the notice, fails 14 to file an answer, his or her license may, in the discretion of 15 the Department, be revoked, suspended, placed on probationary 16 status, or the Department may take whatever disciplinary 17 action considered proper, including limiting the scope, 18 nature, or extent of the person's practice or the imposition 19 of a fine, without a hearing, if the act or acts charged 20 constitute sufficient grounds for that action under the Act. 21 The written notice and any notice in the subsequent proceeding 22 may be served by regular registered or certified mail to the 23 licensee's address or electronically to the licensee's email 24 address of record. 25 (Source: P.A. 98-339, eff. 12-31-13.) HB2473 Engrossed - 37 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 38 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 38 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 38 - LRB103 28983 AMQ 55369 b 1 (225 ILCS 115/25.6) (from Ch. 111, par. 7025.6) 2 (Section scheduled to be repealed on January 1, 2024) 3 Sec. 25.6. Board report. At the conclusion of the hearing 4 the Board shall present to the Secretary a written report of 5 its findings of fact, conclusions of law, and recommendations. 6 The report shall contain a finding whether or not the accused 7 person violated this Act or failed to comply with the 8 conditions required in this Act. The Board shall specify the 9 nature of the violation or failure to comply, and shall make 10 its recommendations to the Secretary. 11 The report of findings of fact, conclusions of law and 12 recommendation of the Board shall be the basis for the 13 Secretary's Department's order for refusing to issue, restore, 14 or renew a license, or otherwise disciplining a licensee, or 15 for the granting of a license, certificate, or permit. If the 16 Secretary disagrees in any regard with the report of the 17 Board, then the Secretary may issue an order in contravention 18 thereof. The finding is not admissible in evidence against the 19 person in a criminal prosecution brought for the violation of 20 this Act, but the hearing and finding are not a bar to a 21 criminal prosecution brought for the violation of this Act. 22 (Source: P.A. 98-339, eff. 12-31-13.) 23 (225 ILCS 115/25.7) (from Ch. 111, par. 7025.7) 24 (Section scheduled to be repealed on January 1, 2024) 25 Sec. 25.7. Motion for rehearing; procedure upon refusal to HB2473 Engrossed - 38 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 39 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 39 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 39 - LRB103 28983 AMQ 55369 b 1 license or issue certificate. In any hearing involving the 2 refusal to issue, renew, or discipline a license or 3 certificate, a copy of the Board's report shall be served upon 4 the respondent by the Department, either personally or as 5 provided in this Act for the service of the notice of hearing. 6 Within 20 days after service, the respondent may present to 7 the Secretary Department a motion in writing for a rehearing. 8 The motion shall specify the particular grounds for the 9 rehearing. If no motion for rehearing is filed, then upon the 10 expiration of the time specified for filing a motion, or if a 11 motion for rehearing is denied, then upon the denial, then the 12 Secretary may enter an order in accordance with 13 recommendations of the Board except as provided in Section 14 25.6 of this Act. If the respondent orders from the reporting 15 service, and pays for a transcript of the record within the 16 time for filing a motion for rehearing, the 20-day 20 day 17 period within which such a motion may be filed shall commence 18 upon the delivery of the transcript to the respondent. 19 (Source: P.A. 98-339, eff. 12-31-13.) 20 (225 ILCS 115/25.9) (from Ch. 111, par. 7025.9) 21 (Section scheduled to be repealed on January 1, 2024) 22 Sec. 25.9. Hearing officers; reports; review. The 23 Secretary shall have the authority to appoint any attorney 24 duly licensed to practice law in the State of Illinois to serve 25 as the hearing officer in any action for refusal to issue, HB2473 Engrossed - 39 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 40 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 40 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 40 - LRB103 28983 AMQ 55369 b 1 renew, or discipline of a license, certificate, or permit. The 2 hearing officer shall have full authority to conduct the 3 hearing. The hearing officer shall report his or her findings 4 of fact, conclusions of law, and recommendations to the Board 5 and the Secretary. The Board shall have 60 days from receipt of 6 the report to review the report of the hearing officer and 7 present its findings of fact, conclusions of law, and 8 recommendations to the Secretary. If the Board fails to 9 present its report within the 60-day 60 day period, then the 10 Secretary may issue an order based on the report of the hearing 11 officer. If the Secretary disagrees with the recommendation of 12 the Board or hearing officer, then the Secretary may issue an 13 order in contravention of the report. 14 (Source: P.A. 98-339, eff. 12-31-13.) 15 (225 ILCS 115/25.15) (from Ch. 111, par. 7025.15) 16 (Section scheduled to be repealed on January 1, 2024) 17 Sec. 25.15. Certification of record. The Department shall 18 not be required to certify any record to the Court or file any 19 answer in court or otherwise appear in any court in a judicial 20 review proceeding, unless and until the Department has 21 received from the plaintiff payment of the costs of furnishing 22 and certifying the record, which costs shall be determined by 23 the Department. Exhibits shall be certified without cost. 24 Failure on the part of the plaintiff to file a receipt in Court 25 shall be grounds for dismissal of the action. HB2473 Engrossed - 40 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 41 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 41 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 41 - LRB103 28983 AMQ 55369 b 1 (Source: P.A. 98-339, eff. 12-31-13.) 2 (225 ILCS 115/25.17) 3 (Section scheduled to be repealed on January 1, 2024) 4 Sec. 25.17. Disclosure of patient records; maintenance. 5 (a) No veterinarian shall be required to disclose any 6 information concerning the veterinarian's care of an animal 7 except on written authorization or other waiver by the 8 veterinarian's client or on appropriate court order or 9 subpoena. Any veterinarian releasing information under written 10 authorization, or other waiver by the client, or court order 11 of subpoena is not liable to the client or any other person. 12 The privilege provided by this Section is waived to the extent 13 that the veterinarian's client or the owner of the animal 14 places the care and treatment or the nature and extent of 15 injuries to the animal at issue in any civil or criminal 16 proceeding. When communicable disease laws, cruelty to animal 17 laws, or laws providing for public health and safety are 18 involved, the privilege provided by this Section is waived. 19 (b) Copies of patient records must be released to the 20 client upon written request as provided for by rule. 21 (c) Each person who provides veterinary medical services 22 shall maintain appropriate patient records as defined by rule. 23 The patient records are the property of the practice and the 24 practice owner. Patient records shall, if applicable, include 25 the following: HB2473 Engrossed - 41 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 42 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 42 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 42 - LRB103 28983 AMQ 55369 b 1 (1) patient identification; 2 (2) client identification; 3 (3) dated reason for visit and pertinent history; 4 (4) physical exam findings; 5 (5) diagnostic, medical, surgical or therapeutic 6 procedures performed; 7 (6) all medical treatment must include identification 8 of each medication given in the practice, together with 9 the date, dosage, and route of administration and 10 frequency and duration of treatment; 11 (7) all medicines dispensed or prescribed must be 12 recorded, including directions for use and quantity; 13 (8) any changes in medications or dosages, including 14 telephonically or electronically initiated changes, must 15 be recorded; 16 (9) if a necropsy is performed, then the record must 17 reflect the findings; 18 (10) any written records and notes, radiographs, 19 sonographic images, video recordings, photographs or other 20 images, and laboratory reports; 21 (11) other information received as the result of 22 consultation; 23 (12) identification of any designated agent of the 24 client for the purpose of authorizing veterinary medical 25 or animal health care decisions; and 26 (13) any authorizations, releases, waivers, or other HB2473 Engrossed - 42 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 43 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 43 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 43 - LRB103 28983 AMQ 55369 b 1 related documents. 2 (d) Patient records must be maintained for a minimum of 5 3 years from the date of the last known contact with a an animal 4 patient. 5 (e) Information and records related to patient care shall 6 remain confidential except as provided in subsections (a) and 7 (b) of this Section. 8 (Source: P.A. 96-1322, eff. 7-27-10.) 9 (225 ILCS 115/27) (from Ch. 111, par. 7027) 10 (Section scheduled to be repealed on January 1, 2024) 11 Sec. 27. Administrative Procedure Act. The Illinois 12 Administrative Procedure Act is hereby expressly adopted and 13 incorporated into this Act as if all of the provisions of that 14 Act were included in this Act, except that the provision of 15 subsection (d) of Section 10-65 of the Illinois Administrative 16 Procedure Act that provides that at hearings the licensee or 17 certificate holder has the right to show compliance with all 18 lawful requirements for retention, continuation, or renewal of 19 the license or certificate is specifically excluded. For the 20 purpose of this Act the notice required under Section 10-25 of 21 the Illinois Administrative Procedure Act is considered 22 sufficient when mailed to the last known address of record or 23 sent electronically to the last known email address of record. 24 (Source: P.A. 98-339, eff. 12-31-13.) HB2473 Engrossed - 43 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 44 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 44 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 44 - LRB103 28983 AMQ 55369 b 1 (225 ILCS 115/23 rep.) 2 Section 15. The Veterinary Medicine and Surgery Practice 3 Act of 2004 is amended by repealing Section 23. 4 Section 99. Effective date. This Section and Section 5 5 take effect upon becoming law. HB2473 Engrossed- 45 -LRB103 28983 AMQ 55369 b 1 INDEX 2 Statutes amended in order of appearance HB2473 Engrossed- 45 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b 1 INDEX 2 Statutes amended in order of appearance HB2473 Engrossed- 45 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b 1 INDEX 2 Statutes amended in order of appearance HB2473 Engrossed - 44 - LRB103 28983 AMQ 55369 b HB2473 Engrossed- 45 -LRB103 28983 AMQ 55369 b HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b 1 INDEX 2 Statutes amended in order of appearance HB2473 Engrossed - 45 - LRB103 28983 AMQ 55369 b