Full Statute Name:  West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 225. Professions and Occupations. Health. Act 115. Veterinary Medicine and Surgery Practice Act of 2004.

§ 4. Exemptions. Nothing in this Act shall apply to any of the following:

 

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

 

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

 

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

 

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

 

(4) A veterinarian employed by an accredited college of veterinary medicine providing assistance requested by a veterinarian licensed in Illinois, acting with informed consent from the client and acting under the direct or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship.

 

(5) Veterinary students in an accredited college of veterinary medicine, university, department of a university, or other institution of veterinary medicine and surgery engaged in duties assigned by their instructors or working under the immediate or direct supervision of a licensed veterinarian.

 

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

 

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

 

(7) An owner of livestock and any of the owner's employees or the owner and employees of a service and care provider of livestock caring for and treating livestock belonging to the owner or under a provider's care, including but not limited to, the performance of husbandry and livestock management practices such as dehorning, castration, emasculation, or docking of cattle, horses, sheep, goats, and swine, artificial insemination, and drawing of semen. Nor shall this Act be construed to prohibit any person from administering in a humane manner medicinal or surgical treatment to any livestock in the care of such person. However, any such services shall comply with the Humane Care for Animals Act.1

 

(8) An owner of an animal, or an agent of the owner acting with the owner's approval, in caring for, training, or treating an animal belonging to the owner, so long as that individual or agent does not represent himself or herself as a veterinarian or use any title associated with the practice of veterinary medicine or surgery or diagnose, prescribe drugs, or perform surgery. The agent shall provide the owner with a written statement summarizing the nature of the services provided and obtain a signed acknowledgment from the owner that they accept the services provided. The services shall comply with the Humane Care for Animals Act. The provisions of this item (8) do not apply to a person who is exempt under item (7).

 

(9) A member in good standing of another licensed or regulated profession within any state or a member of an organization or group approved by the Department by rule providing assistance that is requested in writing by a veterinarian licensed in this State acting within a veterinarian-client-patient relationship and with consent from the client and the member is acting under the immediate, direct, or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient, as defined by rule. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship, but shall be immune from liability, except for willful and wanton conduct, in any civil or criminal action if a member providing assistance does not meet the requirements of this item (9).

 

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

 

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

 

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

 

(12) A person who, without expectation of compensation, provides emergency veterinary care in an emergency or disaster situation so long as the person does not represent oneself as a veterinarian or use a title or degree pertaining to the practice of veterinary medicine and surgery.

 

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

 

(13.5) Any pharmacist licensed in the State, merchant, or manufacturer selling at a regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases as permitted by law and provided that the services provided do not include diagnosing, prognosing, prescribing, or surgery.

 

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

 

(15) An individual providing equine dentistry services requested by a veterinarian licensed to practice in this State, an owner, or an owner's agent. For the purposes of this item (15), “equine dentistry services” means floating teeth without the use of drugs or extraction.

 

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

 

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

 

Credits
P.A. 83-1016, § 4, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 90-52, § 5, eff. July 3, 1997; P.A. 92-449, § 800, eff. Jan. 1, 2002; P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 96-7, § 20-50, eff. April 3, 2009; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7004.

 

 

115/4.5. Telemedicine

§ 4.5. Telemedicine. Telemedicine occurs when either the animal who is receiving the care is located in the State when receiving telemedicine treatment or the veterinarian providing the care to the animal is located in the State when providing telemedicine treatment, pursuant to the provisions of Section 5. Telemedicine may only be used when a veterinarian has an established veterinarian-client-patient relationship. Telemedicine may be used in the following circumstance:

(1) when a physical examination of the patient has been conducted within one year; and

(2) if it is possible to make a diagnosis and create a treatment plan without a recent physical examination based on professional standards of care.

A veterinarian shall not substitute telehealth, teleadvice, telemedicine, or teletriage when a physical examination is warranted or necessary for an accurate diagnosis of any medical condition or creation of an appropriate treatment plan. All minimum standards of practice and provisions under this Act and rules shall be maintained.

A veterinarian shall ensure that any technology used in the provision of telemedicine is sufficient and of appropriate quality to provide accurate remote assessment and diagnosis. A veterinarian shall meet all recordkeeping requirements pursuant to subsection (c) of Section 25.17.

A supervising veterinarian may delegate telemedicine services to a certified veterinary technician who is acting under direct or indirect supervision and in accordance with the Act and rules. A valid veterinarian-client-patient relationship established by a physical examination conducted by the supervising veterinarian must exist for the certified veterinary technician to provide delegated telemedicine services.

A veterinarian and a certified veterinary technician providing telemedicine services shall, at the time of service, provide the veterinarian or certified veterinary technician's contact information, including the veterinarian or certified veterinary technician's full name, to the client or practice using the service. All telemedicine records shall be provided to the client upon request.

Credits
P.A. 83-1016, § 4.5, added by P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, §10, eff. Jan. 1, 2024.

 

115/5. Restrictions and limitations

§ 5. Restrictions and limitations. No person shall practice veterinary medicine and surgery in any of its branches without a valid license to do so. Any person not licensed under this Act who performs any of the functions described as the practice of veterinary medicine or surgery as defined in this Act, who announces to the public in any way an intention to practice veterinary medicine and surgery, who uses the title Doctor of Veterinary Medicine or the initials D.V.M. or V.M.D., or who opens an office, hospital, or clinic for such purposes is considered to have violated this Act and may be subject to all the penalties provided for such violations.

It shall be unlawful for any person who is not licensed in this State to provide veterinary medical services from any state to a client or patient in this State through telephonic, electronic, or other means, except where a bonafide veterinarian-client-patient relationship exists.

Nothing in this Act shall be construed to prevent members of other professions from performing functions for which they are duly licensed, subject to the requirements of Section 4 of this Act. Other professionals may not, however, hold themselves out or refer to themselves by any title or descriptions stating or implying that they are engaged in the practice of veterinary medicine or that they are licensed to engage in the practice of veterinary medicine.

Credits

P.A. 83-1016, § 5, eff. Jan. 1, 1984. Amended by P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7005.

 

115/5.5. Practice outside veterinarian-client-patient relationship prohibited

§ 5.5. Practice outside veterinarian-client-patient relationship prohibited. No person may practice veterinary medicine in the State except within the context of a veterinarian-client-patient relationship.

Credits
P.A. 83-1016, § 5.5, added by P.A. 96-1322, § 10, eff. July 27, 2010.

 

115/6. Administration of Act

§ 6. Administration of Act.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise any other powers and duties necessary for effectuating the purpose of this Act.

(b) The Secretary may adopt rules consistent with the provisions of this Act for the administration and enforcement thereof, and for the payment of fees connected therewith, and may prescribe forms that shall be issued in connection therewith. The rules may include standards and criteria for licensure, certification, and professional conduct and discipline. The Department may consult with the Board in promulgating rules.

(c) The Department may solicit the advice and expert knowledge of the Board on any matter relating to the administration and enforcement of this Act.

Credits

P.A. 83-1016, § 6, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7006.

 

115/7. Veterinarian Licensing and Disciplinary Board

§ 7. Veterinarian Licensing and Disciplinary Board. The Secretary shall appoint a Veterinarian Licensing and Disciplinary Board as follows: 7 persons shall be appointed by and shall serve in an advisory capacity to the Secretary, 6 members must be licensed, in good standing, veterinarians in this State, and must be actively engaged in the practice of veterinary medicine and surgery in this State, and one member must be a member of the public who is not licensed under this Act, or a similar Act of another jurisdiction and who has no connection with the veterinary profession.

Members shall serve 4-year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 full, consecutive terms. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.

The Secretary shall consider the recommendations made by the State Veterinary Medical Association in making appointments.

Four members of the Board shall constitute a quorum. A quorum is required for all Board decisions.

The Secretary shall have the authority to remove or suspend any member of the Board for cause at any time before the expiration of his or her term.

The Board shall annually elect a Chairman who shall be a Veterinarian.

The Secretary shall consider the advice and recommendations of the Board on questions involving standards of professional conduct, discipline and qualifications of candidates and licensees under this Act.

Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board.

Members of the Board have no liability in any action based upon any disciplinary proceeding or other activity performed in good faith as a member of the Board.

Credits

P.A. 83-1016, § 7, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 91-827, § 25, eff. June 13, 2000; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7007.

 

115/8. Qualifications

§ 8. Qualifications. A person is qualified to receive a license if the applicant : (1) is of good moral character; (2) has graduated from an accredited college or school of veterinary medicine; and (3) has passed the examination authorized by the Department to determine fitness to hold a license.

Applicants for licensure from non-accredited veterinary schools are required to successfully complete a program of educational equivalency as established by rule. At a minimum, this program shall include all of the following:

(1) A certified transcript indicating graduation from such college.

(2) Successful completion of a communication ability examination designed to assess communication skills, including a command of the English language.

(3) Successful completion of an examination or assessment mechanism designed to evaluate educational equivalence, including both preclinical and clinical competencies.

(4) Any other reasonable assessment mechanism designed to ensure an applicant possesses the educational background necessary to protect the public health and safety.

Successful completion of the criteria set forth in this Section shall establish education equivalence as one of the criteria for licensure set forth in this Act. Applicants under this Section must also meet all other statutory criteria for licensure prior to the issuance of any such license, including graduation from veterinary school.

A graduate of a non-approved veterinary school who was issued a work permit by the Department before the effective date of this amendatory Act of the 93rd General Assembly may continue to work under the direct supervision of a licensed veterinarian until the expiration of his or her permit.

In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as a bar to obtaining a license. The Department may also request the applicant to submit and may consider as evidence of moral character, endorsements from 2 individuals licensed under this Act.

Credits
P.A. 83-1016, § 8, eff. Jan. 1, 1984. Amended by P.A. 89-387, § 65, eff. Aug. 20, 1995; P.A. 90-52, § 5, eff. July 3, 1997; P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7008.

 

115/8.1. Certified veterinary technician

§ 8.1. Certified veterinary technician. A person who is a certified veterinary technician who performs veterinary technology contrary to this Act is guilty of a Class A misdemeanor and shall be subject to the revocation of his or her certificate. However, these penalties and restrictions shall not apply to a student while performing activities required as a part of his or her training.

The Department and the Board are authorized to hold hearings, reprimand, suspend, revoke, or refuse to issue or renew a certificate and to perform any other acts that may be necessary to regulate certified veterinary technicians in a manner consistent with the provisions of the Act applicable to veterinarians.

The title "Certified veterinary technician" and the initials "CVT" may only be used by persons certified by the Department. A person who uses these titles without the certification as provided in this Section is guilty of a Class A misdemeanor.

Certified veterinary technicians shall be required to complete continuing education as prescribed by rule to renew their certification.

CREDIT(S)

P.A. 83-1016, § 8.1, added by P.A. 84-326, § 1, eff. Sept. 14, 1985. Amended by P.A. 88-91, § 55, eff. July 14, 1993; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 88-670, Art. 2, § 2-42, eff. Dec. 2, 1994; P.A. 93- 281, § 15, eff. Dec. 31, 2003.

 

115/9. § 9. Repealed by P.A. 93-281, § 18, eff. Dec. 31, 2003

 

115/10. Application for licensure

§ 10. Application for licensure. A person who desires to obtain a license as a veterinarian or a certificate as a veterinary technician shall apply to the Department on forms provided by the Department. Each application shall be accompanied by proof of qualifications and shall be verified by the applicant under oath and be accompanied by the required fee.
If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license or otherwise fails to complete the application process under this Act within 3 years after filing the applicant's application, the application shall be denied. However, such applicant may make a new application for examination accompanied by the required fee and must furnish proof of meeting qualifications for examination in effect at the time of new application.

 

Credits
P.A. 83-1016, § 10, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.
Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7010.

 

115/10.5. Social Security Number on license application § 10.5. Social Security Number or federal individual taxpayer identification number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number or federal individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.

 

Every application for a renewal or restored license shall require the applicant's customer identification number.

 

Credits
P.A. 83-1016, § 10.5, added by P.A. 90-144, § 39, eff. July 23, 1997. Amended by P.A. 97-400, § 105, eff. Jan. 1, 2012; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

115/11. Practice pending licensure

§ 11. Practice pending licensure. A person holding the degree of Doctor of Veterinary Medicine, or its equivalent, from an accredited college of veterinary medicine, and who has applied in writing to the Department for a license to practice veterinary medicine and surgery in any of its branches, and who has fulfilled the requirements of Section 8 of this Act, with the exception of receipt of notification of his or her examination results, may practice under the direct supervision of a veterinarian who is licensed in this State, until: (1) the applicant has been notified of his or her failure to pass the examination authorized by the Department; (2) the applicant has withdrawn his or her application; (3) the applicant has received a license from the Department after successfully passing the examination authorized by the Department; or (4) the applicant has been notified by the Department to cease and desist from practicing.

The applicant shall perform only those acts that may be prescribed by and incidental to his or her employment and those acts shall be performed under the direction of a supervising veterinarian who is licensed in this State. The applicant shall not be entitled to otherwise engage in the practice of veterinary medicine until fully licensed in this State.
The Department shall immediately notify the supervising veterinarian employing the applicant and the applicant that the applicant shall immediately cease and desist from practicing if the applicant (1) practices outside his or her employment under a licensed veterinarian; (2) violates any provision of this Act; or (3) becomes ineligible for licensure under this Act.

Credits
P.A. 83-1016, § 11, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 90-655, § 117, eff. July 30, 1998; P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 96-571, § 5, eff. Aug. 18, 2009; P.A. 96-638, § 5, eff. Aug. 24, 2009; P.A. 96-1000, § 455, eff. July 2, 2010; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7011.

 

115/12. Renewal and inactive status; restoration; military service§ 12. Renewal and inactive status; restoration; military service.

 

(a) The expiration date and renewal period for each license or certificate shall be set by rule.

 

(b) A licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department by filing proof acceptable to the Department of his or her fitness to have the license restored and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction. If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration.

 

(c) A licensee whose license expired while the licensee was (1) in federal service on active duty with the Armed Forces of the United States or the State Militia called into service or training or (2) in training or education under the supervision of the United States before induction into the military service, may have the license restored without paying any lapsed renewal fees if within 2 years after honorable termination of the service, training, or education the licensee furnishes the Department with satisfactory evidence to the effect that the licensee has been so engaged and that the licensee's service, training, or education has been so terminated.

 

(d) Any licensee who notifies the Department in writing on the prescribed form may place the licensee's license or certification on an inactive status and shall, subject to rule, be exempt from payment of the renewal fee until the licensee notifies the Department in writing of the licensee's intention to resume active status.

 

(e) Any veterinarian or certified veterinary technician requesting restoration from inactive or expired status shall be required to complete the continuing education requirements for a single license or certificate renewal period, pursuant to rule, and pay the current renewal fee to restore the renewal applicant's license or certification as provided in this Act.

 

(f) Any licensee whose license is in inactive, expired, or suspended status shall not practice veterinary medicine and surgery in this State.

 

Credits
P.A. 83-1016, § 12, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7012.

 

115/13. Licensure without examination; endorsement

§ 13. Licensure without examination; endorsement. The Department may license as a veterinarian or certified veterinary technician, without examination, but upon payment of the required fee, an applicant who has a license or certificate in good standing to practice in another jurisdiction. However, the requirements for licensure of veterinarians and certified veterinary technicians in the jurisdiction in which the applicant was licensed must have been, at the date of licensure, substantially equivalent to the requirements in force in this State on that date.

Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Credits

P.A. 83-1016, § 13, eff. Jan. 1, 1984. Amended by P.A. 86-596, § 12, eff. Jan. 1, 1990; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 98-339, § 10, eff. Dec. 31, 2013.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7013.

 

115/14. Fees

§ 14. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration of a license issued under this Act. The fees shall be nonrefundable.

All fees, fines, and penalties collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.

Credits

P.A. 83-1016, § 14, eff. Jan. 1, 1984. Amended by P.A. 84-266, § 28, eff. Jan. 1, 1986; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 91-454, § 30, eff. Jan. 1, 2000; P.A. 98-339, § 10, eff. Dec. 31, 2013.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7014.

 

115/14.1. Returned checks; fines

§ 14.1. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license or certificate. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, the person shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.

Credits
P.A. 83-1016, § 14.1, added by P.A. 84-266, § 28, eff. Jan. 1, 1986. Amended by P.A. 86-596, § 12, eff. Jan. 1, 1990; P.A. 87-1031, § 28, eff. Jan. 1, 1993; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 92-146, § 125, eff. Jan. 1, 2002; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7014.1.

 

115/14.2. Repealed by P.A. 98-339, § 15, eff. Dec. 31, 2013

 

115/15. Repealed by P.A. 98-339, § 15, eff. Dec. 31, 2013

 

115/16. Continuing education

§ 16. Continuing education. As a condition for renewal of a license, licensees shall be required to complete continuing education in veterinary medicine in accordance with rules established by the Department.

Credits

P.A. 83-1016, § 16, eff. Jan. 1, 1984. Amended by P.A. 86-1472, § 13, eff. Dec. 28, 1990; P.A. 87-546, § 6, eff. July 1, 1992; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 92-84, § 60, eff. July 1, 2002; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/17. Dispensing of drugs

§ 17. Any person licensed under this Act who dispenses any drug or medicine shall dispense such drug or medicine in good faith and shall affix to the container containing the same a label indicating: (a) the date on which such drug or medicine is dispensed, (b) the name of the owner, (c) the last name of the person dispensing such drug or medicine, (d) directions for use thereof, including dosage and quantity, and (e) the proprietary or generic name of the drug or medicine, except as otherwise authorized by rules of the Department. This Section shall not apply to drugs and medicines that are in a container which bears a label of the manufacturer with information describing its contents that are in compliance with requirements of the Federal Food, Drug, and Cosmetic Act [FN1] or the Illinois Food, Drug and Cosmetic Act, approved June 29, 1967, as amended, [FN2] and which are dispensed without consideration by a practitioner licensed under this Act. "Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice Act, as amended, [FN3] and "good faith" has the meaning ascribed to it in subsection (v) of Section 102 of the "Illinois Controlled Substances Act", approved August 16, 1971, as amended. [FN4]

CREDIT(S)

P.A. 83-1016, § 17, eff. Jan. 1, 1984. Amended by P.A. 85-1209, Art. III, § 3-99, eff. Aug. 30, 1988; P.A. 95-689, § 75, eff. Oct. 29, 2007.  

 

115/18. Disposition of abandoned animals; emergency treatment of animals

§ 18. Unless otherwise contractually provided between veterinarian and client, a veterinarian may dispose of any animal abandoned in his establishment, provided he shall give notice of his intention to do so to the owner at the last-known address by certified mail, return receipt requested, and shall allow a period of 7 days to elapse after the receipt is returned before disposing of such animal. But if the owner cannot be located at such address, the veterinarian shall give such notice by publication in a newspaper published and having a circulation in the area in which such owner was last known to reside and shall allow a period of 7 days to elapse after such publication before disposing of such animal.

A veterinarian who, on his own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal shall not be liable for damages in the absence of gross negligence. If the veterinarian performs a euthanasic act on an animal, there is the presumption that such was a humane act necessary to relieve the animal of suffering.

CREDIT(S)

P.A. 83-1016, § 18, eff. Jan. 1, 1984.

 

115/19. Repealed by P.A. 98-339, § 15, eff. Dec. 31, 2013

 

115/19.1. Authority to dispense drugs in emergency situations

§ 19.1. Authority to dispense drugs in emergency situations.

(a) A veterinarian licensed under this Act, in the absence of a traditional veterinarian-client-patient relationship, may dispense up to 5 days worth of non-controlled substance medication or up to 3 days worth of controlled substance medication in an emergency situation if:

(1) the pet has a medical condition that has been diagnosed by another licensed veterinarian, who then prescribed medication that, if ceased or skipped, could result in a decline of the pet's condition or could be deleterious to the pet's health;

(2) the current veterinarian who prescribed the medication is unavailable to issue a refill within a timely manner or the client is not in reasonable proximity to the initial prescriber to obtain a refill within a timely manner; and

(3) the client has evidence and can produce evidence of the ongoing medical need for the prescription, either in the form of the medical records or most recent prescription vial or a phone number or other means in which to reach the current prescriber.

(b) The second veterinarian must keep a record containing:

(1) the name, address, and contact or phone number of the owner and initial prescriber;

(2) the name, age, sex, and breed of the pet in question;

(3) the name, strength, and quantity of medication dispensed, along with use instructions; and

(4) the medical condition and reason medication is being dispensed.

(c) A maximum of 5 days of medication may be dispensed per patient per year. All dispensed medication must be properly labeled and dispensed to the owner. Notification of the dispensing shall be communicated to the initial prescriber by the dispensing veterinarian.

(d) A veterinarian shall not be required to dispense medication under this provision.

Credits

P.A. 83-1016, § 19.1, added by P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/19.2. Patient requests for prescriptions

§ 19.2. Patient requests for prescriptions. A veterinarian shall honor a client's request for a prescription in lieu of dispensing a drug when a veterinarian-client-patient relationship exists and the veterinarian has determined that the drug is medically necessary.

Credits
P.A. 83-1016, § 19.2, added by P.A. 99-223, § 5, eff. July 31, 2015. Amended by P.A. 100-201, § 500, eff. Aug. 18, 2017.

 

115/20. Repealed by P.A. 98-339, § 15, eff. Dec. 31, 2013

 

115/21. Emergency care to humans; civil liability

§ 21. Emergency care to humans; civil liability. Exemption from civil liability for emergency care to humans is as provided in the Good Samaritan Act. [FN1]

[FN1] 745 ILCS 49/1 et seq.

CREDIT(S)

P.A. 83-1016, § 21, eff. Jan. 1, 1984. Amended by P.A. 89-607, § 105, eff. Jan. 1, 1997.

 

115/22. Professional service corporations

§ 22. Nothing in this Act shall restrict registrants from forming professional service corporations under the provisions of "The Professional Service Corporation Act", approved September 15, 1969, as amended. [FN1]

[FN1] 805 ILCS 10/1 et seq.

CREDIT(S)

P.A. 83-1016, § 22, eff. Jan. 1, 1984.

 

115/23. Roster of licensees - 115/23. § 23. Repealed by P.A. 103-309, § 15, and P.A. 103-505, § 15, eff. Jan. 1, 2024

Former Text:

§ 23. The Department shall maintain a roster of the names and addresses of all licensees and of all persons whose licenses have been suspended or revoked, or placed on non-renewed status, within the previous year. This roster shall be available upon written request and payment of the required fee.

CREDIT(S)

P.A. 83-1016, § 23, eff. Jan. 1, 1984.

 

115/24. Advertising

§ 24. Any person licensed under this Act may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law; provided that such advertising is truthful and not misleading and is in conformity with rules promulgated by the Department. Advertisements shall not include false, fraudulent, deceptive, or misleading material or guarantees of success.

Credits

P.A. 83-1016, § 24, eff. Jan. 1, 1984. Amended by P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/24.1. Impaired veterinarians

§ 24.1. Impaired veterinarians. The Department shall establish by rule a program of care, counseling, or treatment for impaired veterinarians.

“Program of care, counseling, or treatment” means a written schedule of organized treatment, care, counseling, activities, or education satisfactory to the Board, designed for the purpose of restoring an impaired person to a condition whereby the impaired person can practice veterinary medicine with reasonable skill and safety of a sufficient degree to deliver competent patient care.

CREDIT(S)

P.A. 83-1016, § 24.1, added by P.A. 88-424, § 4, eff. Jan. 1, 1994. Amended by P.A. 93-281, § 15, eff. Dec. 31, 2003.

 

115/25. Disciplinary actions

§ 25. Disciplinary actions.

1. The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation and the assessment of costs as provided for in Section 25.3 of this Act, with regard to any license or certificate for any one or combination of the following:

A. Material misstatement in furnishing information to the Department.

B. Violations of this Act, or of the rules adopted pursuant to this Act.

C. Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.

D. Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.

E. Professional incompetence.

F. Malpractice.

G. Aiding or assisting another person in violating any provision of this Act or rules.

H. Failing, within 60 days, to provide information in response to a written request made by the Department.

I. Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

J. Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.

K. Discipline by another state, unit of government, government agency, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.

L. Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered.

M. A finding by the Board that the licensee or certificate holder, after having his license or certificate placed on probationary status, has violated the terms of probation.

N. Willfully making or filing false records or reports in his practice, including but not limited to false records filed with State agencies or departments.

O. Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice under this Act with reasonable judgment, skill, or safety.

P. Solicitation of professional services other than permitted advertising.

Q. Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.

R. Conviction of or cash compromise of a charge or violation of the Harrison Act or the Illinois Controlled Substances Act,1 regulating narcotics.

S. Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.

T. Failing to report, as required by law, or making false report of any contagious or infectious diseases.

U. Fraudulent use or misuse of any health certificate, shipping certificate, brand inspection certificate, or other blank forms used in practice that might lead to the dissemination of disease or the transportation of diseased animals dead or alive; or dilatory methods, willful neglect, or misrepresentation in the inspection of milk, meat, poultry, and the by-products thereof.

V. Conviction on a charge of cruelty to animals.

W. Failure to keep one's premises and all equipment therein in a clean and sanitary condition.

X. Failure to provide satisfactory proof of having participated in approved continuing education programs.

Y. Mental illness or disability that results in the inability to practice under this Act with reasonable judgment, skill, or safety.

Z. (Blank).

AA. Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in any manner to exploit the client for financial gain of the veterinarian.

BB. Gross, willful, or continued overcharging for professional services.

CC. Practicing under a false or, except as provided by law, an assumed name.

DD. Violating state or federal laws or regulations relating to controlled substances or legend drugs.

EE. Cheating on or attempting to subvert the licensing examination administered under this Act.

FF. Using, prescribing, or selling a prescription drug or the extra-label use of a prescription drug by any means in the absence of a valid veterinarian-client-patient relationship.

GG. Failing to report a case of suspected aggravated cruelty, torture, or animal fighting pursuant to Section 3.07 or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012.

All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.

2. The determination by a circuit court that a licensee or certificate holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code2 operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient. In any case where a license is suspended under this provision, the licensee shall file a petition for restoration and shall include evidence acceptable to the Department that the licensee can resume practice in compliance with acceptable and prevailing standards of his or her profession.

3. All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license or certificate on any of the foregoing grounds, must be commenced within 5 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described in this Section. Except for proceedings brought for violations of items (CC), (DD), or (EE), no action shall be commenced more than 5 years after the date of the incident or act alleged to have violated this Section. In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action in favor of the plaintiff, the claim, cause of action, or civil action being grounded on the allegation that a person licensed or certified under this Act was negligent in providing care, the Department shall have an additional period of one year from the date of the settlement or final judgment in which to investigate and begin formal disciplinary proceedings under Section 25.2 of this Act, except as otherwise provided by law. The time during which the holder of the license or certificate was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department.

4. The Department may refuse to issue or may suspend without hearing, as provided for in the Illinois Code of Civil Procedure, the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.

5. In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is registered under this Act or any individual who has applied for registration to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.

The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the registrant or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the registrant or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.

Failure of any individual to submit to mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing, until such time as the individual submits to the examination. If the Department finds a registrant unable to practice because of the reasons set forth in this Section, the Department shall require such registrant to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed registration.
In instances in which the Secretary immediately suspends a registration under this Section, a hearing upon such person's registration must be convened by the Department within 15 days after such suspension and completed without appreciable delay. The Department shall have the authority to review the registrant's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

Individuals registered under this Act who are affected under this Section, shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their registration.

6. (Blank).

7. In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.

Credits
P.A. 83-1016, § 25, eff. Jan. 1, 1984. Amended by P.A. 86-596, § 12, eff. Jan. 1, 1990; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 93-281, § 15, eff. Dec. 31, 2003; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 97-1108, § 15-10, eff. Jan. 1, 2013; P.A. 97-1150, § 415, eff. Jan. 25, 2013; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 99-78, § 280, eff. July 20, 2015; P.A. 100-872, § 785, eff. Aug. 14, 2018; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7025.

 

115/25.1. Injunctive actions

§ 25.1. Injunctive actions; orders to cease and desist. (a) If any person violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person practices as a veterinarian or hold himself or herself out as a veterinarian without being licensed under the provision of this Act then any licensed veterinarian, any interested party or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.

Credits

P.A. 83-1016, § 25.1, eff. Jan. 1, 1984. Amended by P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.2. Investigation; notice and hearing

§ 25.2. Investigation; notice and hearing. The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or certificate. The Department shall, before refusing to issue, to renew or discipline a license or certificate under Section 25, at least 30 days prior to the date set for the hearing, notify the applicant or licensee in writing of the nature of the charges and the time and place for a hearing on the charges. The Department shall direct the applicant, certificate holder, or licensee to file a written answer to the charges with the Board under oath within 20 days after the service of the notice and inform the applicant, certificate holder, or licensee that failure to file an answer will result in default being taken against the applicant, certificate holder, or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act. The written notice and any notice in the subsequent proceeding may be served by registered or certified mail to the licensee's address of record or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the party's email address on record.

Credits
P.A. 83-1016, § 25.2, eff. Jan. 1, 1984. Amended by P.A. 87-1031, § 28, eff. Jan. 1, 1993; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7025.2.

 

115/25.2a. Confidentiality

§ 25.2a. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

Credits
P.A. 83-1016, § 25.2a, added by P.A. 98-339, § 10, eff. Dec. 31, 2013. Amended by P.A. 102-687, § 135, eff. Dec. 17, 2021.

 

115/25.3. Records of proceedings

§ 25.3. Records of proceedings. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. Any registrant who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a licensee may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. All costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.

Credits

P.A. 83-1016, § 25.3, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.4. Subpoenas; depositions; oaths

§ 25.4. The Department may subpoena and bring before it any person and to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to an investigation or hearing conducted by the Department, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.

The Secretary, the designated hearing officer, any member of the Board, or a certified shorthand court reporter may have power to administer oaths at any hearing which the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents or records shall be in accordance with this Act.

Credits

P.A. 83-1016, § 25.4, eff. Jan. 1, 1984. Amended by P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.5. Compelling testimony; contempt

§ 25.5. Any circuit court, upon application of the Department or licensee, may order the attendance and testimony of witnesses and the production of relevant documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Credits

P.A. 83-1016, § 25.5, eff. Jan. 1, 1984. Amended by P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.6. Board report

§ 25.6. Board report. At the conclusion of the hearing the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Secretary.

The report of findings of fact, conclusions of law and recommendation of the Board shall be the basis for the Secretary's order for refusing to issue, restore, or renew a license, or otherwise disciplining a licensee, or for the granting of a license, certificate, or permit. If the Secretary disagrees in any regard with the report of the Board, then the Secretary may issue an order in contravention thereof. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

Credits
P.A. 83-1016, § 25.6, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

115/25.7. Motion for rehearing; procedure upon refusal to license or issue certificate

§ 25.7. Motion for rehearing; procedure upon refusal to license or issue certificate. In any hearing involving the refusal to issue, renew, or discipline a license or certificate, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Secretary a motion in writing for a rehearing. The motion shall specify the particular grounds for the rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing a motion, or if a motion for rehearing is denied, then upon the denial, then the Secretary may enter an order in accordance with recommendations of the Board except as provided in Section 25.6 of this Act. If the respondent orders from the reporting service, and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

Credits
P.A. 83-1016, § 25.7, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7025.7.

 

115/25.8. Rehearing ordered by Director

§ 25.8. Rehearing ordered by Secretary. Whenever the Secretary is not satisfied that substantial justice has been done in the revocation, suspension, or refusal to issue or renew a license or certificate, the Secretary may order a rehearing by the Board or a designated hearing officer.

Credits

P.A. 83-1016, § 25.8, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.9. Hearing officers; reports; review

§ 25.9. Hearing officers; reports; review. The Secretary shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, renew, or discipline of a license, certificate, or permit. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary. If the Board fails to present its report within the 60-day period, then the Secretary may issue an order based on the report of the hearing officer. If the Secretary disagrees with the recommendation of the Board or hearing officer, then the Secretary may issue an order in contravention of the report.

Credits
P.A. 83-1016, § 25.9, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

115/25.10. Order or certified copy; prima facie proof

§ 25.10. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that:

(a) the signature is the genuine signature of the Secretary; and

(b) the Secretary is duly appointed and qualified.

Credits

P.A. 83-1016, § 25.10, eff. Jan. 1, 1984. Amended by P.A. 91-357, § 138, eff. July 29, 1999; P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.11. Restoration of license or certificate from discipline

§ 25.11. Restoration of license or certificate from discipline. At any time after successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.

Credits

P.A. 83-1016, § 25.11, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.12. Surrender of license or certificate

§ 25.12. Surrender of license or certificate. Upon the revocation or suspension of any license or certificate, the licensee or certificate holder shall immediately surrender the license, certificate, or licenses to the Department and if the licensee or certificate holder fails to do so, the Department shall have the right to seize the license or certificate.

CREDIT(S)

P.A. 83-1016, § 25.12, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994.

 

115/25.13. Summary suspension

§ 25.13. Summary suspension. The Secretary may summarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 25.2 of this Act, if the Secretary finds that the evidence indicates that a licensee's continuation in practice would constitute an imminent danger to the public. In the event that the Secretary summarily suspends the license without a hearing, a hearing shall be commenced within 30 days after such suspension has occurred and shall be concluded as expeditiously as possible.

Credits

P.A. 83-1016, § 25.13, eff. Jan. 1, 1984. Amended by P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.14. Review under Administrative Review Law

§ 25.14. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law1 and all rules adopted pursuant thereto. The term “administrative decision” is defined as in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of this State, venue shall be Sangamon County.

Credits

P.A. 83-1016, § 25.14, eff. Jan. 1, 1984. Amended by P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.15. Certification of record

§ 25.15. Certification of record. The Department shall not be required to certify any record to the Court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in Court shall be grounds for dismissal of the action.

Credits
P.A. 83-1016, § 25.15, eff. Jan. 1, 1984. Amended by P.A. 87-1031, § 28, eff. Jan. 1, 1993; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7025.15.

 

115/25.16. Penalties

§ 25.16. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. All criminal fines, monies, or other property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of The Illinois Controlled Substances Act1 or Section 85 of the Methamphetamine Control and Community Protection Act,2 shall be deposited into the Professional Regulation Evidence Fund.

Credits

P.A. 83-1016, § 25.16, eff. Jan. 1, 1984. Amended by P.A. 86-685, § 6, eff. Sept. 1, 1989; P.A. 94-556, § 1000, eff. Sept. 11, 2005; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.17. Disclosure of patient records; maintenance

§ § 25.17. Disclosure of patient records; maintenance.

(a) No veterinarian shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization, or other waiver by the client, or court order of subpoena is not liable to the client or any other person. The privilege provided by this Section is waived to the extent that the veterinarian's client or the owner of the animal places the care and treatment or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding. When communicable disease laws, cruelty to animal laws, or laws providing for public health and safety are involved, the privilege provided by this Section is waived.

(b) Copies of patient records must be released to the client upon written request as provided for by rule.

(c) Each person who provides veterinary medical services shall maintain appropriate patient records as defined by rule. The patient records are the property of the practice and the practice owner. Patient records shall, if applicable, include the following:

(1) patient identification;

(2) client identification;

(3) dated reason for visit and pertinent history;

(4) physical exam findings;

(5) diagnostic, medical, surgical or therapeutic procedures performed;

(6) all medical treatment must include identification of each medication given in the practice, together with the date, dosage, and route of administration and frequency and duration of treatment;

(7) all medicines dispensed or prescribed must be recorded, including directions for use and quantity;

(8) any changes in medications or dosages, including telephonically or electronically initiated changes, must be recorded;

(9) if a necropsy is performed, then the record must reflect the findings;

(10) any written records and notes, radiographs, sonographic images, video recordings, photographs or other images, and laboratory reports;

(11) other information received as the result of consultation;

(12) identification of any designated agent of the client for the purpose of authorizing veterinary medical or animal health care decisions; and

(13) any authorizations, releases, waivers, or other related documents.

(d) Patient records must be maintained for a minimum of 5 years from the date of the last known contact with a patient.

(e) Information and records related to patient care shall remain confidential except as provided in subsections (a) and (b) of this Section.

Credits
P.A. 83-1016, § 25.17, added by P.A. 88-424, § 4, eff. Jan. 1, 1994. Amended by P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

 

115/25.18. Civil penalties for unlicensed practice

§ 25.18. Civil penalties for unlicensed practice.

(a) In addition to any other penalty provided by law, any person who violates Section 5 of this Act or any other provision of this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department and the assessment of costs as provided for in Section 25.3. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(d) All monies collected under this Section shall be deposited into the Professional Regulation Evidence Fund.

Credits

P.A. 83-1016, § 25.18, added by P.A. 88-424, § 4, eff. Jan. 1, 1994. Amended by P.A. 96-1322, § 10, eff. July 27, 2010; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/25.19. Mandatory reporting

§ 25.19. Mandatory reporting. Nothing in this Act exempts a licensee from the mandatory reporting requirements regarding suspected acts of aggravated cruelty, torture, and animal fighting imposed under Sections 3.07 and 4.01 of the Humane Care for Animals Act and Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012.

Credits

P.A. 83-1016, § 25.19, added by P.A. 93-281, § 15, eff. Dec. 31, 2003. Amended by P.A. 97-1108, § 15-10, eff. Jan. 1, 2013; P.A. 97-1150, § 415, eff. Jan. 25, 2013.

 

115/26. Home rule

§ 26. Home rule. The regulation and licensing as a veterinarian are exclusive powers and functions of the State. A home rule unit may not regulate or license a veterinarian or the practice of veterinary medicine. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Credits

P.A. 83-1016, § 26, eff. Jan. 1, 1984. Amended by P.A. 90-655, § 117, eff. July 30, 1998; P.A. 98-339, § 10, eff. Dec. 31, 2013.

 

115/27. Administrative Procedure Act

§ 27. Administrative Procedure Act. The Illinois Administrative Procedure Act1 is hereby expressly adopted and incorporated into this Act as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act2 that provides that at hearings the licensee or certificate holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license or certificate is specifically excluded. For the purpose of this Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act3 is considered sufficient when mailed to the last known address of record or sent electronically to the last known email address of record.

Credits
P.A. 83-1016, § 27, eff. Jan. 1, 1984. Amended by P.A. 88-45, Art. III, § 3-69, eff. July 6, 1993; P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 88-670, Art. 2, § 2-42, eff. Dec. 2, 1994; P.A. 98-339, § 10, eff. Dec. 31, 2013; P.A. 103-309, § 10, eff. Jan. 1, 2024; P.A. 103-505, § 10, eff. Jan. 1, 2024.

Formerly Ill.Rev.Stat.1991, ch. 111, ¶ 7027.

 

115/28. Previous laws

§ 28. Previous laws. Rights and obligations incurred and any actions commenced under the Veterinary Medicine and Surgery Practice Act, [FN1] as that Act existed prior to the effective date of this Act, shall not be impaired by the enactment of this Act. Rights and obligations incurred and any actions commenced under this Act as it existed prior to the effective date of Public Act 88-424 shall not be impaired by the enactment of that amendatory Act. Rules adopted under the former Act, unless clearly inconsistent with the provisions of this Act, shall remain in effect until amended or rescinded.

All licenses legally issued in this State permitting the holder thereof to practice veterinary medicine and surgery and valid and in effect on the taking effect of this Act shall have the same force, and be subject to the same authority of the Department to revoke or suspend them, as licenses issued under this Act.

[FN1] 225 ILCS 115/1 et seq.

CREDIT(S)

P.A. 83-1016, § 28, eff. Jan. 1, 1984. Amended by P.A. 88-424, § 4, eff. Jan. 1, 1994; P.A. 91-357, § 138, eff. July 29, 1999.