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Illinois

2011 Illinois HB 1697. Prohibition of Bovine Tail Docking

Bill Details
Printable Version

Citation: 2011 Illinois HB 1697



Date Introduced: 2/16/2011

Date of Last Action: 5/31/2011

Last Checked by Web Center Staff: 07/2011



Summary:   This 2011 Illinois bill prohibits every person from docking, or hiring someone to dock, the tail of any member of the bovine species. Tail docking is where part of the animal's tail is cut off, for any reason other than to alleviate an injury or illness that threatens the animal's well-being.


Bill in Full:

 


 
    
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1697

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
 
225 ILCS 115/4   from Ch. 111, par. 7004
510 ILCS 70/3.03-5 new  

 
    Amends the Veterinary Medicine and Surgery Practice Act of 2004. Removes language allowing 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 belonging to the owner or under a provider's care to dock cattle, horses, sheep, goats, and swine. Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail of any living member of the bovine species. Provides that any person who violates this provision is guilty of a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary to protect the health of the animal. Defines "dock".


        LRB097 10531 CEL 50862 b
 
 
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
  
FISCAL NOTE ACT MAY APPLY

 
 

 

 

A BILL FOR

 

 
 
    HB1697   LRB097 10531 CEL 50862 b

1       AN ACT concerning animals.
 
2       Be it enacted by the People of the State of Illinois,
3   represented in the General Assembly:
 
4       Section 5. The Veterinary Medicine and Surgery Practice Act
5   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7       (Section scheduled to be repealed on January 1, 2014)
8       Sec. 4. Exemptions. Nothing in this Act shall apply to any
9   of 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 management
18       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 this
21       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

 

 
    HB1697 - 2 - LRB097 10531 CEL 50862 b
 
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 of
7       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 instructors
20       or working under the immediate or direct supervision of a
21       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.

 

 
    HB1697 - 3 - LRB097 10531 CEL 50862 b
 
1           (6) Any person engaged in bona fide scientific research
2       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, or 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 diagnose,
22       prescribe drugs, or perform surgery. The agent shall
23       provide the owner with a written statement summarizing the
24       nature of the services provided and obtain a signed
25       acknowledgment from the owner that they accept the services
26       provided. The services shall comply with the Humane Care

 

 
    HB1697 - 4 - LRB097 10531 CEL 50862 b
 
1       for Animals Act. The provisions of this item (8) do not
2       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 informed
9       consent from the client and the member is acting under the
10       immediate, direct, or indirect supervision and control of
11       the licensed veterinarian. Providing assistance involves
12       hands-on active participation in the treatment and care of
13       the patient, as defined by rule. The licensed veterinarian
14       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 this
19       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 postgraduate
26       instructional program in an accredited college of

 

 
    HB1697 - 5 - LRB097 10531 CEL 50862 b
 
1       veterinary medicine performing duties or actions assigned
2       by instructors or working under the immediate or direct
3       supervision of a licensed veterinarian or a faculty member
4       of the College of Veterinary Medicine at the University of
5       Illinois.
6           (11) A certified euthanasia technician who is
7       authorized to perform euthanasia in the course and scope of
8       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 a
14       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

 

 
    HB1697 - 6 - LRB097 10531 CEL 50862 b
 
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) Persons or entities practicing the specified
24       occupations set forth in subsection (a) of, and pursuant to
25       a licensing exemption granted in subsection (b) or (d) of,
26       Section 2105-350 of the Department of Professional

 

 
    HB1697 - 7 - LRB097 10531 CEL 50862 b
 
1       Regulation Law of the Civil Administrative Code of
2       Illinois, but only for so long as the 2016 Olympic and
3       Paralympic Games Professional Licensure Exemption Law is
4       operable.
5   (Source: P.A. 96-7, eff. 4-3-09; 96-1322, eff. 7-27-10.)
 
6       Section 10. The Humane Care for Animals Act is amended by
7   adding Section 3.03-5 as follows:
 
8       (510 ILCS 70/3.03-5 new)
9       Sec. 3.03-5. Bovine tail docking.
10       (a) Notwithstanding any provision of law to the contrary,
11   no person shall dock or hire any other person to dock the tail
12   of any living member of the bovine species.
13       (b) For the purposes of this Section, "dock" means to
14   remove any part of an animal's tail for any reason other than
15   to amputate part of the tail due to an incurable injury or
16   illness to the tail that threatens the animal's well-being.
17   Docking does not include trimming the hair at the end of an
18   animal's tail.
19       (c) Any person convicted of violating this Section is
20   guilty of a Class C misdemeanor and shall pay a fine not to
21   exceed $500 for each instance of tail docking.
22       (d) Notwithstanding the preceding subdivisions of this
23   Section, tail docking may be done by a licensed veterinarian to
24   protect the health of the animal.


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