HB0337 102ND GENERAL ASSEMBLY

  
  


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0337

Introduced 1/29/2021, by Rep. Norine K. Hammond

SYNOPSIS AS INTRODUCED:
225 ILCS 115/4 from Ch. 111, par. 7004

Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in the Act shall apply to a chiropractic physician licensed in this State and certified by the American Veterinary Chiropractic Association performing chiropractic care on animals.


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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Veterinary Medicine and Surgery Practice
5Act of 2004 is amended by changing Section 4 as follows:
6 (225 ILCS 115/4) (from Ch. 111, par. 7004)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 4. Exemptions. Nothing in this Act shall apply to any
9of the following:
10 (1) Veterinarians employed by the federal or State
11 government while engaged in their official duties.
12 (2) Licensed veterinarians from other states who are
13 invited to Illinois for consultation by a veterinarian
14 licensed in Illinois.
15 (3) Veterinarians employed by colleges or universities
16 while engaged in the performance of their official duties,
17 or faculty engaged in animal husbandry or animal
18 management programs of colleges or universities.
19 (3.5) A veterinarian or veterinary technician from
20 another state or country who (A) is not licensed under
21 this Act; (B) is currently licensed as a veterinarian or
22 veterinary technician in another state or country, or
23 otherwise exempt from licensure in the other state; (C) is

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1 an invited guest of a professional veterinary association,
2 veterinary training program, or continuing education
3 provider approved by the Department; and (D) engages in
4 professional education through lectures, clinics, or
5 demonstrations.
6 (4) A veterinarian employed by an accredited college
7 of veterinary medicine providing assistance requested by a
8 veterinarian licensed in Illinois, acting with informed
9 consent from the client and acting under the direct or
10 indirect supervision and control of the licensed
11 veterinarian. Providing assistance involves hands-on
12 active participation in the treatment and care of the
13 patient. The licensed veterinarian shall maintain
14 responsibility for the veterinarian-client-patient
15 relationship.
16 (5) Veterinary students in an accredited college of
17 veterinary medicine, university, department of a
18 university, or other institution of veterinary medicine
19 and surgery engaged in duties assigned by their
20 instructors or working under the immediate or direct
21 supervision of a licensed veterinarian.
22 (5.5) Students of an accredited program in veterinary
23 technology performing veterinary technology duties or
24 actions assigned by instructors or working under the
25 immediate or direct supervision of a licensed
26 veterinarian.

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1 (6) Any person engaged in bona fide scientific
2 research which requires the use of animals.
3 (7) An owner of livestock and any of the owner's
4 employees or the owner and employees of a service and care
5 provider of livestock caring for and treating livestock
6 belonging to the owner or under a provider's care,
7 including but not limited to, the performance of husbandry
8 and livestock management practices such as dehorning,
9 castration, emasculation, or docking of cattle, horses,
10 sheep, goats, and swine, artificial insemination, and
11 drawing of semen. Nor shall this Act be construed to
12 prohibit any person from administering in a humane manner
13 medicinal or surgical treatment to any livestock in the
14 care of such person. However, any such services shall
15 comply with the Humane Care for Animals Act.
16 (8) An owner of an animal, or an agent of the owner
17 acting with the owner's approval, in caring for, training,
18 or treating an animal belonging to the owner, so long as
19 that individual or agent does not represent himself or
20 herself as a veterinarian or use any title associated with
21 the practice of veterinary medicine or surgery or
22 diagnose, prescribe drugs, or perform surgery. The agent
23 shall provide the owner with a written statement
24 summarizing the nature of the services provided and obtain
25 a signed acknowledgment from the owner that they accept
26 the services provided. The services shall comply with the

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1 Humane Care for Animals Act. The provisions of this item
2 (8) do not apply to a person who is exempt under item (7).
3 (9) A member in good standing of another licensed or
4 regulated profession within any state or a member of an
5 organization or group approved by the Department by rule
6 providing assistance that is requested in writing by a
7 veterinarian licensed in this State acting within a
8 veterinarian-client-patient relationship and with
9 informed consent from the client and the member is acting
10 under the immediate, direct, or indirect supervision and
11 control of the licensed veterinarian. Providing assistance
12 involves hands-on active participation in the treatment
13 and care of the patient, as defined by rule. The licensed
14 veterinarian shall maintain responsibility for the
15 veterinarian-client-patient relationship, but shall be
16 immune from liability, except for willful and wanton
17 conduct, in any civil or criminal action if a member
18 providing assistance does not meet the requirements of
19 this item (9).
20 (10) A graduate of a non-accredited college of
21 veterinary medicine who is in the process of obtaining a
22 certificate of educational equivalence and is performing
23 duties or actions assigned by instructors in an approved
24 college of veterinary medicine.
25 (10.5) A veterinarian who is enrolled in a
26 postgraduate instructional program in an accredited

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1 college of veterinary medicine performing duties or
2 actions assigned by instructors or working under the
3 immediate or direct supervision of a licensed veterinarian
4 or a faculty member of the College of Veterinary Medicine
5 at the University of Illinois.
6 (11) A certified euthanasia technician who is
7 authorized to perform euthanasia in the course and scope
8 of his or her employment only as permitted by the Humane
9 Euthanasia in Animal Shelters Act.
10 (12) A person who, without expectation of
11 compensation, provides emergency veterinary care in an
12 emergency or disaster situation so long as he or she does
13 not represent himself or herself as a veterinarian or use
14 a title or degree pertaining to the practice of veterinary
15 medicine and surgery.
16 (13) Any certified veterinary technician or other
17 employee of a licensed veterinarian performing permitted
18 duties other than diagnosis, prognosis, prescription, or
19 surgery under the appropriate direction and supervision of
20 the veterinarian, who shall be responsible for the
21 performance of the employee.
22 (13.5) Any pharmacist licensed in the State, merchant,
23 or manufacturer selling at his or her regular place of
24 business medicines, feed, appliances, or other products
25 used in the prevention or treatment of animal diseases as
26 permitted by law and provided that the services he or she

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1 provides do not include diagnosing, prognosing, writing
2 prescriptions, or surgery.
3 (14) An approved humane investigator regulated under
4 the Humane Care for Animals Act or employee of a shelter
5 licensed under the Animal Welfare Act, working under the
6 indirect supervision of a licensed veterinarian.
7 (15) An individual providing equine dentistry services
8 requested by a veterinarian licensed to practice in this
9 State, an owner, or an owner's agent. For the purposes of
10 this item (15), "equine dentistry services" means floating
11 teeth without the use of drugs or extraction.
12 (15.5) In the event of an emergency or disaster, a
13 veterinarian or veterinary technician not licensed in this
14 State who (A) is responding to a request for assistance
15 from the Illinois Department of Agriculture, the Illinois
16 Department of Public Health, the Illinois Emergency
17 Management Agency, or other State agency as determined by
18 the Department; (B) is licensed and in good standing in
19 another state; and (C) has been granted a temporary waiver
20 from licensure by the Department.
21 (16) Private treaty sale of animals unless otherwise
22 provided by law.
23 (17) A chiropractic physician licensed in this State
24 and certified by the American Veterinary Chiropractic
25 Association performing chiropractic care on animals.
26(Source: P.A. 98-339, eff. 12-31-13.)