text:
(from Ch. 111, par. 7001)
(Section scheduled to be repealed on January 1, 2024)
Sec. 1.
The practice of veterinary medicine in the State of Illinois is declared to promote the public health, safety, and welfare by ensuring the delivery of competent veterinary medical care and is subject to State regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of veterinary medicine is a privilege conferred by legislative grant only to persons possessed of the professional qualifications specified in this Act.
(Source: P.A. 96-1322, eff. 7-27-10
(from Ch. 111, par. 7002)
Sec. 2.
This Act may be cited as the Veterinary Medicine and Surgery
Practice Act of 2004.
(Source: P.A. 93-281, eff. 12-31-03
(from Ch. 111, par. 7003)
Sec. 3.
following terms have the meanings indicated, unless the context requires
"Accredited college of veterinary medicine" means a veterinary college,
school, or division of a university or college that offers the degree of Doctor
of Veterinary Medicine or its equivalent and that is accredited by the Council
on Education of the American Veterinary Medical Association (AVMA).
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department.
"Accredited program in veterinary technology" means any post-secondary educational program that is accredited by the AVMA's Committee on Veterinary Technician Education and Activities or any veterinary technician program that is recognized as its equivalent by the AVMA's Committee on Veterinary Technician Education and Activities.
"Animal" means any animal, vertebrate or invertebrate, other than a human.
"Board" means the Veterinary Licensing and Disciplinary Board.
"Certified veterinary technician" means a person who is validly and currently licensed to practice veterinary technology in this State.
"Client" means an entity, person, group, or corporation that has entered into
an agreement with a veterinarian for the purposes of obtaining veterinary
medical services.
"Complementary, alternative, and integrative therapies" means a heterogeneous group of diagnostic and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. "Complementary, alternative, and integrative therapies" include, but are not limited to, veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy or therapy based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy; veterinary nutraceutical therapy; veterinary phytotherapy; and other therapies as defined by rule.
"Consultation" means when a veterinarian receives advice in person,
telephonically, electronically, or by any other method of communication from a
veterinarian licensed in this or any other state or other person whose
expertise, in the opinion of the veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the patient remains
with the veterinarian receiving consultation.
"Department" means the Department of Financial and Professional Regulation.
"Direct supervision" means the supervising veterinarian is readily available on the premises
where the animal is being treated.
"Immediate supervision" means the supervising veterinarian is in the immediate area, within audible and visual range of the animal patient and the person treating the patient.
"Impaired veterinarian" means a veterinarian who is unable to practice
veterinary medicine with reasonable skill and safety because of a physical or
mental disability as evidenced by a written determination or written consent
based on clinical evidence, including deterioration through the aging process,
loss of motor skills, or abuse of drugs or alcohol of sufficient degree to
diminish a person's ability to deliver competent patient care.
"Indirect supervision" means the supervising veterinarian need not be on the
premises, but has given either written or oral instructions for the treatment
of the animal and is available by telephone or other form of communication.
"Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this State.
"Patient" means an animal that is examined or treated by a veterinarian.
"Person" means an individual, firm, partnership (general, limited, or limited
liability), association, joint venture, cooperative, corporation, limited
liability company, or any other group or combination acting in concert, whether
or not acting as a principal, partner, member, trustee, fiduciary, receiver, or
any other kind of legal or personal representative, or as the successor in
interest, assignee, agent, factor, servant, employee, director, officer, or any
other representative of such person.
"Practice of veterinary medicine" means to diagnose, prognose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode; including the performance of one or more of the
(1) Prescribing, dispensing, administering, applying,
or ordering the administration of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance, or medical or surgical technique.
(2) (Blank).
(3) Performing upon an animal a surgical or dental
(3.5) Performing upon an animal complementary,
alternative, or integrative therapy.
(4) Performing upon an animal any manual or
mechanical procedure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility.
(4.5) The rendering of advice or recommendation by
any means, including telephonic and other electronic communications, with regard to the performing upon an animal any manual or mechanical procedure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility.
(5) Determining the health and fitness of an animal.
(6) Representing oneself, directly or indirectly, as
engaging in the practice of veterinary medicine.
(7) Using any word, letters, or title under such
circumstances as to induce the belief that the person using them is qualified to engage in the practice of veterinary medicine or any of its branches. Such use shall be prima facie evidence of the intention to represent oneself as engaging in the practice of veterinary medicine.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Supervising veterinarian" means a veterinarian who assumes responsibility
for the professional care given to an animal by a person working under his or
her direction in either an immediate, direct, or indirect supervision arrangement. The supervising veterinarian must have examined the animal at
such time as acceptable veterinary medical practices requires, consistent with
the particular delegated animal health care task.
"Therapeutic" means the treatment, control, and prevention of disease.
"Veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this State.
"Veterinarian-client-patient relationship" means that all of the following conditions have been met:
(1) The veterinarian has assumed the responsibility
for making clinical judgments regarding the health of an animal and the need for medical treatment and the client, owner, or other caretaker has agreed to follow the instructions of the veterinarian;
(2) There is sufficient knowledge of an animal by the
veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept, or the veterinarian has access to the animal patient's records and has been designated by the veterinarian with the prior relationship to provide reasonable and appropriate medical care if he or she is unavailable; and
(3) The practicing veterinarian is readily available
for follow-up in case of adverse reactions or failure of the treatment regimen or, if unavailable, has designated another available veterinarian who has access to the animal patient's records to provide reasonable and appropriate medical care.
"Veterinarian-client-patient relationship" does not mean a relationship solely based on telephonic or other electronic communications.
"Veterinary medicine" means all branches and specialties included within the practice of veterinary medicine.
"Veterinary premises" means any premises or facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile clinic, outpatient clinic, satellite clinic, or veterinary hospital or clinic. "Veterinary premises" does not mean the premises of a veterinary client, research facility, a federal military base, or an accredited college of veterinary medicine.
"Veterinary prescription drugs" means those drugs restricted to use by or on the order of a licensed veterinarian in accordance with Section 503(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353).
"Veterinary specialist" means that a veterinarian is a diplomate within an AVMA-recognized veterinary specialty organization.
"Veterinary technology" means the performance of services within the field of
veterinary medicine by a person who, for compensation or personal profit, is
employed by a licensed veterinarian to perform duties that require an
understanding of veterinary medicine necessary to carry out the orders of
the veterinarian. Those services, however, shall not include diagnosing,
prognosing, writing prescriptions, or surgery.
(Source: P.A. 98-339, eff. 12-31-13.)
(from Ch. 111, par. 7004)
Sec. 4.
Nothing in this Act shall apply to any of the
(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.
(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 informed 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 he or she does not represent himself or herself 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, prescription, 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 his or her 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 he or she provides do not include diagnosing, prognosing, writing prescriptions, 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.
(from Ch. 111, par. 7005)
Sec. 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.
Sec. 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.
(from Ch. 111, par. 7006)
Sec. 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.
(from Ch. 111, par. 7007)
Sec. 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
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
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.
(from Ch. 111, par. 7008)
Sec. 8.
A person is qualified to receive a license if he
or she: (1)
is of good moral character; (2) has graduated from an accredited college or
school of veterinary medicine;
and (3) has passed the examination
by the Department to determine fitness to hold a license.
Applicants for licensure from non-accredited veterinary schools are
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
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.
(from Ch. 111, par. 7008.1)
Sec. 8.1.
Certified veterinary technician.
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
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.
(from Ch. 111, par. 7009)
Sec. 9.
(Source: P.A. 83-1016. Repealed by P.A. 93-281, eff. 12-31-03)
(from Ch. 111, par. 7010)
Sec. 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.
(Source: P.A. 88-424
Sec. 10.5.
Social Security 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, 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.
(Source: P.A. 97-400, eff. 1-1-12
(from Ch. 111, par. 7011)
Sec. 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, by certified mail, 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.
(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09; 96-1000, eff. 7-2-10
(from Ch. 111, par. 7012)
Sec. 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 he or she 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 he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.
(d) Any licensee
who notifies the Department in writing on the prescribed form may place his or
her license or certification on an inactive status and shall, subject to rule,
be exempt from payment of the renewal fee until he or she notifies the Department in writing of
his or her 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 his or her 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.
(from Ch. 111, par. 7013)
Sec. 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.
(from Ch. 111, par. 7014)
Sec. 14.
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
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.
(from Ch. 111, par. 7014.1)
Sec. 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
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, he or she 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
Sec. 14.2.
(Source: P.A. 88-683, eff. 1-24-95. Repealed by P.A. 98-339, eff. 12-31-13.)
Sec. 15.
(Source: P.A. 93-281, eff. 12-31-03. Repealed by P.A. 98-339, eff. 12-31-13.)
(from Ch. 111, par. 7016)
Sec. 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.
(from Ch. 111, par. 7017)
Sec. 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 or
the Illinois Food, Drug and Cosmetic Act, approved June 29, 1967, as
amended, 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, 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.
(Source: P.A. 95-689, eff. 10-29-07
(from Ch. 111, par. 7018)
Sec. 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.
(Source: P.A. 83-1016
Sec. 19.
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 98-339, eff. 12-31-13.)
Sec. 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
(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.
Sec. 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.
(Source: P.A. 99-223, eff. 7-31-15; 100-201, eff. 8-18-17.)
Sec. 20.
(Source: P.A. 83-1016. Repealed by P.A. 98-339, eff. 12-31-13.)
(from Ch. 111, par. 7021)
Sec. 21.
Emergency care to humans; civil liability.
Exemption from civil
liability for emergency care to humans is as provided in the Good Samaritan
(Source: P.A. 89-607, eff. 1-1-97
(from Ch. 111, par. 7022)
Sec. 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.
(from Ch. 111, par. 7023)
Sec. 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.
(from Ch. 111, par. 7024)
Sec. 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.
Sec. 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.
(from Ch. 111, par. 7025)
Sec. 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, 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. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of any law governing the practice of veterinary medicine, if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.
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 Code 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
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.
(Source: P.A. 99-78, eff. 7-20-15; 100-872, eff. 8-14-18.)
(from Ch. 111, par. 7025.1)
Sec. 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
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.
(from Ch. 111, par. 7025.2)
Sec. 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.
(225 ILCS 115/25.2a)
Sec. 25.2a.
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.
(Source: P.A. 102-687, eff. 12-17-21.)
(from Ch. 111, par. 7025.3)
Sec. 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.
(from Ch. 111, par. 7025.4)
Sec. 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
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.
(from Ch. 111, par. 7025.5)
Sec. 25.5.
Any circuit court, upon application of the Department or
licensee, may order the attendance and testimony of
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.
(from Ch. 111, par. 7025.6)
Sec. 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 Department'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.
(from Ch. 111, par. 7025.7)
Sec. 25.7.
Motion for rehearing; procedure upon refusal to license or issue certificate.
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 Department 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.
(from Ch. 111, par. 7025.8)
Sec. 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.
(from Ch. 111, par. 7025.9)
Sec. 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 and the Secretary.
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.
(from Ch. 111, par. 7025.10)
Sec. 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.
(from Ch. 111, par. 7025.11)
Sec. 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.
(from Ch. 111, par. 7025.12)
Sec. 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.
(from Ch. 111, par. 7025.13)
Sec. 25.13.
Summary suspension.
The Secretary may summarily suspend the license of a
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.
(from Ch. 111, par. 7025.14)
Sec. 25.14.
All final administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative Review
Law 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.
(from Ch. 111, par. 7025.15)
Sec. 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. Exhibits shall be certified without cost. Failure on the part of
the plaintiff to file a receipt in Court shall be grounds for
of the action.
(from Ch. 111, par. 7025.16)
Sec. 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 Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited
into the Professional Regulation Evidence Fund.
Sec. 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
(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 an animal patient.
(e) Information and records related to patient care shall remain confidential except as provided in subsections (a) and (b) of this Section.
Sec. 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.
Sec. 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.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13
(from Ch. 111, par. 7026)
Sec. 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.
(from Ch. 111, par. 7027)
Sec. 27.
Administrative Procedure Act.
The Illinois Administrative Procedure
Act 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 Act
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 Act
is considered sufficient when mailed to the last known address of record.
(from Ch. 111, par. 7028)
Sec. 28.
Previous laws.
Rights and obligations incurred and any actions commenced under
the Veterinary Medicine and Surgery Practice Act, 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
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.
(Source: P.A. 91-357, eff. 7-29-99


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Big Boys
Where's My Towel / Industry Standard
- Hand-numbered edition – limited to 3,000 copies world wide
- 180-gram wax with 4 color variations available
- CLEAR vinyl (only available to LITA LP Subscribers)
- RED vinyl (only available to those that pre-order at LightInTheAttic.net)
- NEON Yellow/Green (packed at random)
- WHITE (packed at random)
- Includes reproductions of a rare Big Boys sticker (shown above), original inserts, plus a new insert with a note from Big Boys founding member Tim Kerr
- Original album art expanded to a gatefold "tip-on" jacket with spot UV gloss
- Interior gatefold jacket features an unpublished 1982 photo of the band by artist Bill Daniel
- Includes download card for 320 Kbps MP3 of entire album
- Cassette co-released with Burger Records and limited to 500 hand-numbered copies.
Big Boys – Looking Back It's Just Reflections from Light In The Attic Records on Vimeo.
Skate Rock may have been one of the defining sounds of Southern California in the late '80 / early '90s, but its origins were in another time and place. It began, in fact, in post-Outlaw Country 1970s Austin, Texas. That's where singer Randy "Biscuit" Turner, guitarist Tim Kerr, bassist Chris Gates and drummer Greg Murray were mixing the prevailing trend of playing hard and fast with playing loose and funky.
The Big Boys came from the same scene that spawned Scratch Acid, The Dicks, and MDC, but stood out with music that ventured far beyond post-punk angularities and hardcore machismo. With features in the earliest issues of Thrasher Magazine and coveted spots on their influential Skate Rock tape comps, Big Boys were the first band to be labeled "skate rock."
Originally released on David Bean's (of the Judys) Wasted Talent label, their debut album Where's My Towel / Industry Standard is a classic of American independent music. Lyrically inspired by the group's growing dissatisfaction with the local hardcore scene and how the release of their Live at Raul's split record with the Dicks was handled, musically the album showed a move from the prevailing sound of the time. In this, the album's sound has roots in funk, rock and avant-garde noise guitar as much as punk.
But the record only tells part of the story. Big Boys shows have gone down in history as theaters of chaos, frequently involving stage invasions, food fights and the sight of occasional cross-dresser Turner wearing a tutu or dress – or even a string of Christmas lights. Years later, Kerr told an interviewer of a gig where Biscuit performed with bagged sandwiches pinned all over him, which he went on to throw into the crowd. At a gig six months later, a member of one audience threw the by-then-moldy sandwich back at him. The band also frequently extended to include a horn section, The Impromptu Horns, led by Chris Gates' brother, Nathan.
Famously, the Big Boys would end with the foursome shouting, "OK y'all, go start your own band." This DIY attitude continues today in Tim Kerr's art, which instead of being signed with his name is inscribed "Your Name Here". The list of fans who did go out and start their own band includes the Red Hot Chili Peppers, who opened for the Big Boys in Hollywood in their club years. After five short years and three albums, each of the four Big Boys departed too, taking their own advice: each member went on to play in numerous bands like Poison 13, Monkeywrench, Jack O'Fire, Junkyard and many more. They are also featured in the critically-acclaimed documentary American Hardcore and appear on its soundtrack. In 2005 Biscuit died of complications from Hepatitis C. Tim Kerr continues to play music and his artwork has been seen all over the world. Chris Gates continues to play music in his band Chris Gates & Gatesville.
"We never really decided to 'break up', it just happened," Kerr said, five years after the split. "We had been on a two month tour and it got to be exactly like being in a station wagon with mom and dad with your brother and sisters… lots of tension and everything." That won't come as any surprise on listening to the album: the tension's what makes it so very vital.
Now y'all, go start your own band…

subset: commoncrawl


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The MRI took about two hours! The results were relatively positive. No pockets of fluid were found and there was no infection in the bone. There is, however, some inflammation and infection in the muscle. Xander will remain on IV antibiotics at least until tomorrow. If all goes well, he will come off the IV and start orals tomorrow and be able to go home on Tuesday. Sure hope it works out that way!!!
Sunday, October 7, 2012
Quick Update
Posted by The Greens
1 comment:
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Two weeks after iOS 6's release, Apple's Passbook has finally gotten real. Late Wednesday, Starbucks released a promised update to its iOS app that allows you to add your stored-value card for the coffee chain to Apple's new wallet software.
While Apple demoed a number of partners for Passbook during iOS 6's introduction, and again at the iPhone 5 event in September, early adopters were mainly limited to using the digital wallet app for one-off items like plane tickets on certain airlines, as well as some tickets for some musical and sporting events.
Starbucks is the first major example of Passbook's utility for organizing stored-value cards. While you've long been able to display your Starbucks card, complete with barcode, within the company's own app, the latest update adds the ability to add it to Passbook. You can also mark favorite stores so iOS can have your pass ready when you get close to their locations.
The process for actually adding your Starbucks card to Passbook is straightforward, though it requires a lot of tapping—even more so if you don't already have a Starbucks card. In that case you have to create a Starbucks account, add a payment method to fill up your card, and then finally add your card to Passbook.
If you already have a card, the updated Starbucks app should prompt you when you open it. (Technically, it prompted me even though I had no account and a $0 value card, but it didn't actually add it in that case.) You can also add it manually by tapping the Manage button on the Card screen and then tapping Add Card to Passbook.
Inside Passbook itself, you can tap on the i icon in the lower right corner of the card to view options: You can enable or disable automatic updates for the card, as well as decide whether or not the pass will appear on the lock screen when you approach your favorite locations. (You can see a list of those favorite locations on the back of the card, but you can't edit them here—for that, you'll need to turn back to the Starbucks app.)
As far as Passbook integration goes, the philosophy seems to be better late than never. There's been a surprising lack of push behind the technology at present, but the addition of Starbucks will probably provide a more common use case among consumers. Still, until most of them have more than one card to manage, it seems like Passbook is more of an added step then a substantial improvement over the Starbucks app itself.


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If you're looking to pay less per month for a smartphone than the major wireless carriers are charging, prepaid carriers provide plenty of options.
The problem, until now, has been the high up-front cost of getting a really good smartphone without a contract. It can be hard to stomach the idea of a $650 iPhone, even if it costs less in the long run than buying a $200 subsidized one from a major carrier.
So now, according to a report by Fierce Wireless, some smaller carriers are introducing payment plans meant to bring down the up-front costs of high-end handsets like the iPhone.
Cricket, for instance, is letting customers pay $105 to walk out the door with an iPhone 5–a cost that includes one month of service–with a loan from Progressive Finance. That's $395 cheaper than what Cricket usually charges, and there's no interest for customers who pay off the loan within 90 days. (With interest, customers have nine months to pay off the phone in full.) Cricket's wireless plan for the iPhone costs $55 per month with unlimited voice and messaging and 2.5 GB of full-speed data. A comparable postpaid plan on Verizon Wireless would cost $100 per month.
Cricket is advertising its financing plans in "select markets" now, and plans to expand that advertising early next year. MetroPCS also offers payment plans, but Fierce Wireless says the carrier wouldn't disclose details.
These plans do have their own drawbacks. While prepaid plans technically don't involve contracts, you're still on the hook to pay off the phone no matter what. Considering that a payment plan would also raise your monthly bill, you could be paying more per month than you would with a regular wireless carrier for a while. The big savings only start to roll in once the phone is paid off in full. Also, keep in mind that with regional carriers like Cricket and MetroPCS, roaming fees can apply if you're outside their coverage areas.
The payment plan concept isn't strictly limited to smaller prepaid carriers. T-Mobile, the fourth-largest U.S. carrier, recently announced that it's doing away with phone subsidies entirely, and will instead let customers pay in installments for phones on its Value Plans. Unlike Cricket, T-Mobile will require a two-year contract with these plans, but installments are drawn out over a 20-month period with no interest. Again, customers save money by sticking it out and paying a much lower monthly rate once their phones are paid off.
The risk for these companies is that the idea of taking out a loan or signing up for a payment plan might be just as frightening to customers as paying a high up-front cost. The subsidy model, while pricier, is also easier to understand. But at least the smaller carriers are providing other options, and finding new ways to offer better smartphones without charging full price.


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I am putting Pedablogue on indefinite hiatus. Comments are closed, but I've left the archives up so that people can still read the many articles on educational theory and praxis.
I started this blog back in 2003 with the intention of sharing my research into the scholarship of teaching, and I think keeping a public journal really served me well. It expanded my knowledge of pedagogy, tied me in with the work of so many other educators out there, and helped me really develop my awareness of my own educational praxis, while also helping me to question the assumptions I harbored about teaching. I published several articles as a result of keeping this blog, and I continue to teach many of the principles I've learned in here (especially in a graduate-level course in "The Teaching of Writing and Popular Fiction" for our MFA program). But I have been lax in keeping this journal going, and reticent about renewing my work here for several reasons.
First, it has always been a little difficult for me to juggle my roles as professor and creative writer in a productive way, but when a new ball was tossed into my juggling routine — the administrative duties of being the Chairman of the Humanities Division at Seton Hill U — blogging became the lowest of my priorities. Where once I was blogging at least once per week, I now have been blogging every few months, and that's just too sporadic and inconsequential for my tastes. That is not to say that my Scholarship of Teaching has fallen by the wayside — I continue to publish and write articles about teaching and I get to apply what I've learned in this journal in much of my work with faculty as Chair.
But beyond my own lack of time to commit to this project, I could point to the cultural shift from blogs to social networking, which sort of winnowed away my sense that I was writing for an active audience. But worse, the server on which this blog is based experienced a radical shift when the system moved from Moveable Type to WordPress and our system admin also changed. I can no longer edit the theme, which bothers me to no end, and as you'll see in many of the posts line breaks and other errors found their way into hundreds of blog posts. This fractured my commitment to the site, and only added more administrative work to my plate…and I now find myself deleting comment spam from the site more often than I write for it.
So I'm taking an indefinite pause while I focus on other things. I may return to this page in the future, or I might turn it to some other purpose someday, but for now, this space is more of an archive of a learning journey I took from 2003-2011 than it is a living breathing document. Thank you to everyone who contributed and visited over the past eight years. You all taught me a lot, and I appreciate the many comments and ideas that were shared here. Pedablogue has been a successful edublogging experience and I still share many of the entries here with others. I hope readers will continue to draw inspiration from some of the articles, and explore the rich diversity that is available in contemporary scholarship of teaching.
This is not goodbye. Follow me on michaelarnzen.com to keep up with my other irons still burning in the fire.


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[Alan Dershowitz on the affidavit: "This is so thin that it won't make it past a judge on a second degree murder charge"; "irresponsible"; "an elected public official who made a campaign speech last night for reelection".]
[Jeralyn Merritt: Affidavit = FAIL. "That a judge signed off on this... is perplexing, to say the least".]
The Orlando Sentinel described the arrest affidavit for George Zimmerman [available here]; we note a lack of self-confidence from the prosecution, which switches to the passive voice at a crucial moment in the action:
In the two-page document, prosecutors offer little new information about the shooting.
However, they said in the affidavit that "Zimmerman confronted Martin," an apparent contradiction of Zimmerman's version of the events that led to the shooting.
The document says Trayvon's mother identified the screams for help heard in a 911 call as those of her son. It also reveals that investigators interviewed a "friend" of Trayvon's who was talking to him in the leadup to the shooting.
Based on the description, it appears the friend was the girl described by Martin family attorneys as his girlfriend.
"During this time, Martin was on the phone with a friend and described to her what was happening," the affidavit said. "The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why."
Martin tried to run home, the affidavit says, but was followed by Zimmerman. "Zimmerman got out of his vehicle and followed Martin."
The affidavit goes on to say that "Zimmerman disregarded the police dispatcher" who told him to stop, and "continued to follow Martin who was trying to return to his home."
Zimmerman, the affidavit says, "confronted Martin and a struggle ensued."
According to the affidavit: "Trayvon Martin's mother has reviewed the 911 calls and identified the voice crying for help as Trayvon Martin's. Zimmerman shot Martin in the chest."
That is a prosecution document and certainly represents one theory of the case. The defense will challenge many of those points, as we know.
I especially like the passive voice at the critical plot point: "...a struggle ensued". Those pesky struggles, ensuing like that! One might have thought the prosecution would at least argue that Zimmerman initiated the struggle, in addition to the verbal confrontation.
A minor puzzle is this - from the Miami Herald:
Corey declined to discuss in detail how the investigation was carried out, but her statements shed some light on how the prosecution team reached the decision on a second-degree murder charge. She said the decision was made last week, and prosecutors used the arrest warrant an investigator had sought early in the case.
If - IF! - the affidavit described above is the arrest warrant mentioned by the Herald, then how did it come to include the details from the cellphone girlfriend? She was brought forward by Martin family attorney Ben Crump after the release of the 911 calls and was originally only going to talk to the Federal investigators [my skepticism about the circumstances of her emergence is here].
The obvious guess is that she (i.e., Mr. Crump) changed her mind and talked to the state investigators, who used her story to update the base affidavit.
Just as a reminder of how little seems to have changed, here is the Orlando Sentinel from Apr 2:
Some news agencies have reported that Sanford's lead investigator, Chris Serino, wanted Zimmerman charged with manslaughter that night but Wolfinger's office put a stop to it. The city of Sanford issued a statement saying that is not true.
Police did that night prepare an incident report that lists "manslaughter" as the possible crime being investigated, but in every case in which an officer prepares an incident report, he or she fills in that spot with some crime and statute number to allow the agency to properly report crime statistics to the FBI.
Two weeks ago, during an exclusive interview with the Sentinel, [sidelined police chief] Lee disclosed certain details of the investigation and during that session, attended by Serino and others, Serino said his investigation turned up no reliable evidence that cast doubt on Zimmerman's account – that he had acted in self-defense.
"The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event," Serino told the Sentinel March 16. "Everything I have is adding up to what he says."
Numbers add up to nothing.
The defense counsel thinks his client has a better chance in a court of law than in the court of public opinion:
After Zimmerman exited, O'Mara asked the judge to seal documents in the court file containing other information -- including witness statements and information.
"I am seeking on my clients behalf... that we do a complete sealing of that record," O'Mara said, adding that the sealing would be temporary. The judge agreed.
After the hearing, prosecutor Bernie De La Rionda asked reporters gathered outside for patience.
"In the rule of law, we have jury trials for a purpose," De La Rionda said. O'Mara echoed that sentiment.
"It really, truly, it works," O'Mara said of the judicial system, telling reporters that in a case of this profile, if it doesn't work, "you'll tell us."
O'Mara said it made more sense to forgo a bond hearing at this point, electing to give time to allow the fervor surrounding the case to die down. He said his client is in protective custody.
If the publicity dies down the pressure on the prosecutor to showboat may diminish, if that is what is happening here. And it might work - a Kardashian is bound to do something daft any day now, yes?
I do remember (perhaps incorrectly) that the Duke defense team scuttled the prosecution and kept the case out of court by leaking exculpatory material to the press. But I seem to recall leaks from both sides there.
THAT ALLEGED RACIAL EPITHET: Mrk Levin just read the affidavit on his radio show. If I heard him correctly, the alleged epithet mumbled by Zimmerman on the 911 call was "Effing pukes". But the copy provided by 'TJ6' seems to say "punks". Does Levin need glasses, or do I need a hearing aid? Not exclusive possibilities.
The map is not friendly to the notion that Zimmerman overtook an urgently fleeing Martin. Zimmerman was behind him and his detination in front. Martin doubling back makes a lot more sense in explaining how they met.
As to Martin being scared, let's keep in mind - when the young lady was telling this story Zimmerman was believed to be 250 pounds, based on his 2005 police report.
Now the Times has him down to 170. So the 6'3" 150 lbs Martin was fleeing from the 5'9" 170 lb. Zimmerman? How scared was he? So scared that doubling back makes no sense?
I can believe that Zimmerman seemed ominous when parked inside his SUV. Once he stepped outside he became the Incredible Shrinking Threat.
THE RACE CARD, SLYLY: The affidavit claims that Zimmerman "profiled" Martin but does not describe the profiling. Walking from patio to patio rather than sticking to the sidewalk? Peering into windows? Being black? No guts at all.


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Almost immediately after Javon Belcher fatally shot his girlfriend and later himself Saturday morning, we've been aware of a Rick Reilly tweet that has offended some people. It's awkward, unfunny and derivative. That is to say, it is a Rick Reilly Original®. It's also from September.
There are plenty of reasons to get on Reilly and we have covered them ad nauseam. Cherry picking a tweet from three months ago is not one of those reasons. Obviously this is a tragic coincidence and could have been about any team. In fact, that's how you know it's a harmless Reilly-ism.
There's nothing there that makes it more—or less—funny if it's said about any other team, or even sport. It just so happens this particular joke was farted out of the Rick Reilly joke cutter during a Kansas City Chiefs game against the Buffalo Bills on September 16. It's a statement given post-hoc relevance only by the occurrence of something totally unforeseen. It is a Nostradamus quatrain.
We've seen stories and received emails musing aloud: "bet Reilly wishes he could have this one back." Yeah, sure, maybe—but not because it's retroactively insensitive. If you were offended on September 16, that's your prerogative. If not, give the guy a break.