HB0017 102ND GENERAL ASSEMBLY

  
  
 

 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0017
 
Introduced 1/14/2021, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 

 
  
210 ILCS 50/3.260 new
225 ILCS 115/4  from Ch. 111, par. 7004

     Amends the Emergency Medical Services (EMS) Systems Act. Provides that emergency medical (EMS) personnel may provide preveterinary emergency care to a dog or cat to the extent the EMS personnel has received commensurate training and is authorized by his or her employer to provide care. Provides that requirements governing the circumstances under which EMS personnel may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care. Contains language stating that nothing in the Act imposes upon EMS personnel any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in that Act shall apply to EMS personnel who provide preveterinary emergency care to a dog or cat under the amended provisions of the Emergency Medical Services (EMS) Systems Act. Effective immediately.
  


LRB102 03907 CPF 13922 b

 
 
A BILL FOR
 

  
HB0017LRB102 03907 CPF 13922 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Emergency Medical Services (EMS) Systems 
5Act is amended by adding Section 3.260 as follows:
 
6    (210 ILCS 50/3.260 new)
7    Sec. 3.260. Preveterinary emergency care.
8    (a) In this Section:
9    "Cat" means a small domesticated feline animal that is 
10kept as a pet. "Cat" does not include a nondomesticated wild 
11animal.
12    "Dog" means any canine animal owned for domestic, 
13companionship, service, therapeutic, or assistance purposes.
14    "Preveterinary emergency care" means the immediate medical 
15stabilization of a dog or cat by EMS personnel, in an emergency 
16to which the EMS personnel is responding, through means 
17including oxygen, fluids, medications, or bandaging, with the 
18intent of enabling the dog or cat to be treated by a 
19veterinarian. "Preveterinary emergency care" does not include 
20care provided in response to an emergency call made solely for 
21the purpose of tending to an injured dog or cat, unless a 
22person's life could be in danger by attempting to save the life 
23of a dog or cat.
 
 
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1    (b) Notwithstanding any other provision of law, EMS 
2personnel may provide preveterinary emergency care to a dog or 
3cat to the extent the EMS personnel has received commensurate 
4training and is authorized by his or her employer to provide 
5care. Requirements governing the circumstances under which EMS 
6personnel may provide preveterinary emergency care to dogs and 
7cats may be specified in the employer's policies governing the 
8provision of care.
9    (c) Notwithstanding any other provision of law, nothing in 
10this Act imposes upon EMS personnel any obligation to provide 
11care to a dog or cat, or to provide care to a dog or cat before 
12a person.
 
13    Section 10. The Veterinary Medicine and Surgery Practice 
14Act of 2004 is amended by changing Section 4 as follows:
 



15    (225 ILCS 115/4)  (from Ch. 111, par. 7004)


16    (Section scheduled to be repealed on January 1, 2024)

17    Sec. 4. Exemptions. Nothing in this Act shall apply to any 
18of the
following:


19        (1) Veterinarians employed by the federal or State 
20    government while
engaged in their official duties.


21        (2) Licensed veterinarians from other states who are 
22    invited to Illinois
for consultation by a veterinarian 
23    licensed in Illinois.


24        (3) Veterinarians employed by colleges or universities 
 
 
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1    while engaged in
the performance of their official duties, 
2    or
faculty engaged in animal husbandry or animal 
3    management programs of colleges
or universities.

4        (3.5) A veterinarian or veterinary technician from 
5    another state or country who (A) is not licensed under 
6    this Act; (B) is currently licensed as a veterinarian or 
7    veterinary technician in another state or country, or 
8    otherwise exempt from licensure in the other state; (C) is 
9    an invited guest of a professional veterinary association, 
10    veterinary training program, or continuing education 
11    provider approved by the Department; and (D) engages in 
12    professional education through lectures, clinics, or 
13    demonstrations. 

14        (4) A veterinarian employed by an accredited college 
15    of veterinary
medicine providing assistance requested by a 
16    veterinarian licensed in Illinois,
acting with informed 
17    consent from the client and acting under the direct or

18    indirect supervision and control of the licensed 
19    veterinarian.  Providing
assistance involves hands-on 
20    active participation in the treatment and care of
the 
21    patient.  The licensed veterinarian shall maintain 
22    responsibility for the
veterinarian-client-patient 
23    relationship.


24        (5) Veterinary students in an accredited
college of 
25    veterinary medicine, university,
department
of a 
26    university, or other institution of veterinary medicine 
 
 
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1    and surgery
engaged in duties assigned by their

2    instructors or working under the immediate or direct 
3    supervision of a licensed veterinarian.

4        (5.5) Students of an accredited program in veterinary 
5    technology performing veterinary technology duties or 
6    actions assigned by instructors or working under the 
7    immediate or direct supervision of a licensed 
8    veterinarian. 

9        (6) Any person engaged in bona fide scientific 
10    research which
requires
the use of animals.


11        (7) An owner of livestock and any of the owner's 
12    employees or the owner
and employees of a service and care 
13    provider of livestock caring for and
treating livestock 
14    belonging to the owner or under a provider's care, 
15    including
but not limited to, the performance of husbandry 
16    and livestock management
practices such as dehorning, 
17    castration, emasculation, or docking of cattle,
horses, 
18    sheep, goats, and swine, artificial insemination, and 
19    drawing of semen.
Nor shall this Act be construed to 
20    prohibit any person from administering in a
humane manner 
21    medicinal or surgical treatment to any livestock in the 
22    care
of such person.  However, any such services shall 
23    comply with the Humane Care
for Animals Act.


24        (8) An owner of an animal, or an agent of the owner 
25    acting with the
owner's approval, in caring for, training, 
26    or treating an animal belonging to
the owner, so long as 
 
 
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1    that individual or agent does not represent himself or

2    herself as a veterinarian or use any title associated with 
3    the practice of
veterinary medicine or surgery or 
4    diagnose, prescribe drugs, or perform
surgery.    The agent 
5    shall provide the owner with a written statement

6    summarizing the nature of the services provided and obtain 
7    a signed
acknowledgment from the owner that they accept 
8    the services provided.  The
services shall comply with the 
9    Humane Care for Animals Act. The provisions of
this item 
10    (8) do not apply to a person who is exempt under item (7).


11        (9) A member in good standing of another licensed or 
12    regulated profession
within any state or a member of an 
13    organization or group approved by the
Department by rule 
14    providing assistance that is requested in writing by a 
15    veterinarian
licensed in this State acting within a 
16    veterinarian-client-patient relationship and with 
17    informed consent from the client and the member is acting

18    under the immediate, direct, or indirect supervision and 
19    control of the licensed
veterinarian.  Providing assistance 
20    involves hands-on active participation in
the treatment 
21    and care of the patient, as defined by rule.  The licensed

22    veterinarian shall maintain responsibility for the 
23    veterinarian-client-patient
relationship, but shall be 
24    immune from liability, except for willful and wanton 
25    conduct, in any civil or criminal action if a member 
26    providing assistance does not meet the requirements of 
 
 
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1    this item (9). 


2        (10) A graduate of a non-accredited college of 
3    veterinary medicine who is
in
the process of obtaining a 
4    certificate of educational equivalence and is
performing 
5    duties or actions assigned by instructors in an approved 
6    college of
veterinary medicine.

7        (10.5) A veterinarian who is enrolled in a 
8    postgraduate instructional program in an accredited 
9    college of veterinary medicine performing duties or 
10    actions assigned by instructors or working under the 
11    immediate or direct supervision of a licensed veterinarian 
12    or a faculty member of the College of Veterinary Medicine 
13    at the University of Illinois. 

14        (11) A certified euthanasia technician who is 
15    authorized to perform
euthanasia in the course and scope 
16    of his or her employment only as permitted by the Humane 
17    Euthanasia in Animal Shelters Act.


18        (12) A person who, without expectation of 
19    compensation, provides emergency
veterinary care in an 
20    emergency or disaster situation so long as he or she does

21    not represent himself or herself as a veterinarian or use 
22    a title or degree
pertaining to the practice of veterinary 
23    medicine and surgery.


24        (13) Any certified veterinary technician or other  
25    employee of a licensed
veterinarian performing permitted 
26    duties other than diagnosis, prognosis, prescription,
or 
 
 
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1    surgery under the appropriate direction and supervision of 
2    the veterinarian, who shall
be responsible for the 
3    performance of the employee.

4        (13.5) Any pharmacist licensed in the State, merchant, 
5    or manufacturer selling at his or her regular place of 
6    business medicines, feed, appliances, or other products 
7    used in the prevention or treatment of animal diseases as 
8    permitted by law  and provided that the services he or she 
9    provides do not include diagnosing, prognosing, writing 
10    prescriptions, or surgery. 

11        (14) An approved humane investigator regulated under 
12    the Humane Care for
Animals Act or employee of a shelter 
13    licensed under the Animal Welfare Act,
working under the 
14    indirect supervision of a licensed veterinarian.


15        (15) An individual providing equine dentistry services 
16    requested by a
veterinarian licensed to practice in this 
17    State, an owner, or an owner's agent.
 For the purposes of 
18    this item (15), "equine dentistry services" means floating

19    teeth without the use of drugs or extraction. 

20        (15.5) In the event of an emergency or disaster, a 
21    veterinarian or veterinary technician not licensed in this 
22    State who (A) is responding to a request for assistance 
23    from the Illinois Department of Agriculture, the Illinois 
24    Department of Public Health, the Illinois Emergency 
25    Management Agency, or other State agency as determined by 
26    the Department; (B) is licensed and in good standing in 
 
 
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1    another state; and (C) has been granted a temporary waiver 
2    from licensure by the Department. 

3        (16) Private treaty sale of animals unless otherwise 
4    provided by law.

5        (17) EMS personnel who provide preveterinary emergency 
6    care to a dog or cat under Section 3.260 of the  Emergency 
7    Medical Services (EMS) Systems Act.
8(Source: P.A. 98-339, eff. 12-31-13.)

 
 
9    Section 99. Effective date. This Act takes effect upon 
10becoming law.