510 ILCS 72/1
Short title
Short title. This Act may be cited as the Humane Euthanasia in Animal Shelters Act. (Source: P.A. 92-449, eff. 1-1-02.)
Illinois Compiled Statutes 510 ILCS 72 — Humane Euthanasia in Animal Shelters Act.
Illinois · statute · 510 ILCS 72 · 37 active provisions
510 ILCS 72/5
Definitions
Definitions. The following terms have the meanings indicated, unless the context requires otherwise: "Animal" means any bird, fish, reptile, or mammal other than man. "DEA" means the United States Department of Justice Drug Enforcement Administration. "Department" means the Department of Professional Regulation. "Direc…
510 ILCS 72/10
Certification requirement, exemptions
Certification requirement, exemptions. (a) Except as otherwise provided in this Section, no person shall euthanize animals in an animal shelter or animal control facility without possessing a certificate issued by the Department under this Act. (b) Nothing in this Act shall be construed as preventing a licensed veterin…
510 ILCS 72/15
Powers and duties of the Department
Powers and duties of the Department. (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act. (b) The Department may adopt rules…
510 ILCS 72/20
Application for original certification
Application for original certification. Applications for original certification shall be made to the Department in writing, shall be signed by the applicant on forms prescribed by the Department, and shall be accompanied by a nonrefundable fee set by rule. The Department may require information from the applicant that,…
510 ILCS 72/25
Euthanasia agency
Euthanasia agency. (a) To be certified as a euthanasia agency, an entity must apply to the Department, hold an active license under the Animal Welfare Act as an animal control facility or an animal shelter, pay the required fee, and agree to: (1) Keep euthanasia drugs in a securely locked cabinet or a metal safe that m…
510 ILCS 72/35
Technician certification; duties
Technician certification; duties. (a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall: (1) Be 18 years of age. (2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the appli…
510 ILCS 72/40
Issuance of certificate
Issuance of certificate. The Department shall begin issuing certificates under this Act within one year after the effective date of this Act. The Department shall issue a certificate to an applicant who has met the requirements and has paid the required application fee. (Source: P.A. 92-449, eff. 1-1-02.)
510 ILCS 72/45
Certifications; renewal; restoration; person in military service; inactive status
Certifications; renewal; restoration; person in military service; inactive status. (a) The expiration date, renewal period, renewal fees, and procedures for renewal of each certification issued under this Act shall be set by rule. (b) Any person who has permitted a euthanasia technician certification to expire or who h…
510 ILCS 72/55
Endorsement
Endorsement. An applicant, who is a euthanasia technician registered or licensed under the laws of another state or territory of the United States that has requirements that are substantially similar to the requirements of this Act, may be granted certification as a euthanasia technician in this State without examinati…
510 ILCS 72/57
Procedures for euthanasia
Procedures for euthanasia. (a) Only euthanasia drugs shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act, except that a licensed veterinarian may euthanize companion…
510 ILCS 72/60
Fees; returned checks
Fees; returned checks. An agency or 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…
510 ILCS 72/65
Refused issuance, suspension, or revocation of certification
Refused issuance, suspension, or revocation of certification. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, impose a fine not to exceed $10,000 for each violation, or take other disciplinary or non-disciplinary action as…
510 ILCS 72/80
Exemption from liability
Exemption from liability. An instructor of euthanasia techniques or a veterinarian who engages in the instructing of euthanasia technicians, in a course approved by the Department, shall not incur any civil or criminal liability for any subsequent misuse or malpractice of a euthanasia technician who has attended the co…
510 ILCS 72/85
Cease and desist order
Cease and desist order. (a) If an agency or person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the fil…
510 ILCS 72/90
Uncertified practice; civil penalty
Uncertified practice; civil penalty. (a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil pen…
510 ILCS 72/95
Inspections
Inspections. The Department may conduct random inspections upon renewal, for cause, or as necessary to assure the integrity and effectiveness of the certification process. Upon failure to pass inspection, a euthanasia agency's certificate shall be suspended or denied, as applicable, pending review by the Department. Up…
510 ILCS 72/100
Investigations; notice and hearing
Investigations; notice and hearing. (a) The Department may investigate the actions of an applicant or an animal shelter or animal control facility holding or claiming to hold a certificate. (b) Before refusing to issue or renew a certificate or disciplining a certified euthanasia agency or technician, the Department sh…
510 ILCS 72/105
Stenographer; transcript
Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a certificate or the discipline of a certified euthanasia technician. The notice of hearing, complaint, and all other documents in the nature of…
510 ILCS 72/110
Compelling testimony
Compelling testimony. A circuit court may, upon application of the Department or its designee or of the applicant, agency, or technician against whom proceedings are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in co…
510 ILCS 72/115
Findings and recommendations
Findings and recommendations. At the conclusion of the hearing, the hearing officer shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused applicant, agency, or technician violated this Act or failed to comply with the conditi…
510 ILCS 72/120
Rehearing on motion
Rehearing on motion. In a case involving the refusal to issue or renew a certificate or the discipline of a certified agency or technician, a copy of the hearing officer'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.…
510 ILCS 72/125
Rehearing on order of Director
Rehearing on order of Director. Whenever the Director is satisfied that substantial justice has not been done in the revocation or suspension of a certification or refusal to issue or renew a certificate, the Director may order a rehearing. (Source: P.A. 92-449, eff. 1-1-02.)
510 ILCS 72/130
Hearing officer
Hearing officer. The Director has the authority to appoint an attorney duly licensed to practice law in this State to serve as the hearing officer in an action for refusal to issue or renew a certificate or for the discipline of a certified euthanasia agency or technician. The hearing officer shall have full authority…
510 ILCS 72/135
Order or certified copy
Order or certified copy. An order or a certified copy of an order, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that: (1) the signature is the genuine signature of the Director; and (2) the Director is duly appointed and qualified. This proof may be rebutted. (…
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