Illinois Compiled Statutes
Chapter 510 - ANIMALS
510 ILCS 72/ - Humane Euthanasia in Animal Shelters Act.

(510 ILCS 72/1)
Sec. 1.
Short title.
This Act may be cited as the Humane Euthanasia in Animal Shelters Act.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/5)
Sec. 5. 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.
"Director" means the Director of the Department of Professional
Regulation.
"Euthanasia agency" means an entity certified by the Department for the
purpose of animal euthanasia that holds an animal control facility or animal
shelter license under the Animal Welfare Act and that permits only euthanasia technicians or veterinarians to perform the euthanasia of animals.
"Euthanasia drugs" means
Schedule II or Schedule III substances (nonnarcotic controlled substances) as
set forth
in the Illinois Controlled Substances Act that are used by a euthanasia agency
for the purpose of animal euthanasia.
"Euthanasia technician" or "technician" means a person employed by a
euthanasia
agency
or working under the direct supervision of a
veterinarian
and who is certified by the Department to administer euthanasia drugs to
euthanize animals.
"Veterinarian" means a person holding the degree of Doctor of Veterinary
Medicine who is licensed under the Veterinary Medicine and Surgery
Practice
Act of 2004.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/10)
Sec. 10. 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
veterinarian or an
instructor during an approved course from humanely euthanizing animals in
animal shelters or animal control facilities.
(c) Nothing in this Act prevents a veterinarian who is employed by the
Department of Agriculture, or any other person who is employed by the
Department of Agriculture and acting under the supervision of such a
veterinarian, from humanely euthanizing animals in the course of that
employment.
(d) Instructors or licensed veterinarians teaching humane euthanasia technicians are exempt from the certification process as long as they are currently licensed by another state as a euthanasia technician or as a veterinarian.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/15)
Sec. 15.
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 to administer and enforce this Act
including, but
not limited to, setting fees for original certification and renewal and
restoration of
certification and any other administrative fees, and may prescribe forms to be
issued to implement this Act. At
a
minimum, the rules adopted by the Department shall include standards and
criteria for certification and for professional conduct and discipline.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/20)
Sec. 20.
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, in its judgment, will enable the
Department to determine the
qualifications of the applicant for certification.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/25)
Sec. 25.
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:
(b) A euthanasia agency may purchase, store, and possess Schedule II
and
Schedule III (nonnarcotic controlled substances) drugs for the
euthanization of animals upon obtaining from the Department an Illinois
controlled substances license pursuant to the Illinois Controlled Substances
Act and a controlled substance license issued by the Drug Enforcement
Administration pursuant to the federal Controlled Substances Act.
(c) The Department shall inspect the facility prior to the issuance of the
controlled substance license.
(d) The euthanasia agency shall notify
the Department
in writing
within 30 days
of the time
that the employment of a euthanasia technician is terminated from the
euthanasia
agency.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/35)
Sec. 35. Technician certification; duties.
(a) An applicant for certification as a euthanasia technician shall file an
application with the Department and shall:
(b) The duties of a euthanasia technician shall include but are not limited
to:
(c) A euthanasia technician employed by a euthanasia agency may perform
euthanasia by the administration of a Schedule II
or Schedule III nonnarcotic controlled
substance. A euthanasia
technician may not personally possess, order, or administer a controlled
substance except as an agent of the euthanasia agency.
(d) Upon termination from a euthanasia agency, a euthanasia technician shall
not perform
animal euthanasia until he or she is employed by another certified euthanasia
agency.
(e) A certified euthanasia technician or an instructor in an approved course
does not engage in the practice of
veterinary
medicine when performing duties set forth in this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

(510 ILCS 72/40)
Sec. 40.
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)
Sec. 45.

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 has a
certification on inactive status may have it restored by submitting an
application to the Department and filing proof of fitness, as defined by rule,
to have the certification restored, including, if appropriate, evidence that is
satisfactory to the Department certifying active practice in another
jurisdiction and by paying the required fee.
(c) If the person has not maintained an active practice in another
jurisdiction that is satisfactory to the Department, the Department shall
determine the person's fitness to resume active status.
(d) Any person whose euthanasia technician certification expired while on
active duty with the armed
forces of the United States, while called into service or training with the
State Militia or in training or education under the supervision of the United
States government prior to induction into the military service, however, may
have his or her certification restored without paying any renewal fees if,
within 2 years after the termination of that service, training, or education,
except under conditions other than honorable, the Department is furnished with
satisfactory evidence that the person has been so engaged and that the
service, training, or education has been so terminated.
(e) A euthanasia technician certificate holder may place his or her
certification on inactive
status and shall be excused from paying renewal fees until he or she notifies
the Department in writing of the intention to resume active practice. A
certificate holder who is on inactive status shall not practice while the
certificate
is in inactive status.
(f) The Department shall set by rule the requirements for restoration of a
euthanasia agency certification and the requirements for a change of
location.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/50)
Sec. 50.
(Repealed).

(Source: P.A. 92-449, eff. 1-1-02. Repealed by P.A. 93-626, eff. 12-23-03.)

(510 ILCS 72/55)
Sec. 55. 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 examination,
upon presenting satisfactory proof to the Department
that the applicant has been engaged in the practice of euthanasia for a period
of not less than one year and upon payment of the required fee. In addition,
an applicant shall have his or her fingerprints submitted to the Illinois State Police for purposes of a criminal history records check pursuant to
clause (a)(3) of Section 35.

(Source: P.A. 102-538, eff. 8-20-21.)

(510 ILCS 72/57)
Sec. 57. 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 animals in such a shelter or facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in Section 3.09 of the Humane Care for Animals Act. Euthanasia by a certified euthanasia technician shall be conducted only within the physical premises of an animal shelter licensed under the Animal Welfare Act or an animal control facility licensed under the Animal Welfare Act, except that a certified euthanasia technician employed by an animal control facility licensed under the Animal Welfare Act may euthanize animals in the field in emergency situations.
(b) (Blank).
(c) Animals cannot be transported beyond State lines for the sole purpose
of euthanasia unless the euthanasia is performed by a licensed veterinarian in a manner that is consistent with subsection (a) of this Section.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/60)
Sec. 60.
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 Section are in addition to any other discipline provided under this Act.
The Director
may waive the fines due under this Section in individual cases where the
Director finds
that the fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/65)
Sec. 65. 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 the Department may deem proper with regard to a
certified euthanasia agency or a
certified
euthanasia technician for any one or combination of the following reasons:

(510 ILCS 72/80)
Sec. 80.
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 course.
Any veterinarian,
who in good faith administers euthanasia drugs to an animal in
an animal control facility or an animal shelter,
has immunity
from any liability, civil, criminal, or otherwise, that may result from his or
her actions. For the purposes of any proceedings, civil or criminal, the good
faith of the veterinarian shall be rebuttably presumed.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/85)
Sec. 85.
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 filing of a verified petition in
court,
the court may issue a temporary restraining order, without notice or bond, and
may preliminarily and permanently enjoin the violation, and if it is
established
that the agency or 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) Whenever, in the opinion of the Department, an agency violates a
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 the agency. 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 immediately.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/90)
Sec. 90. 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
penalty
to the Department in an amount not to exceed $10,000 for each offense as
determined by the Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the provisions set forth
in
this Act regarding the provision of a hearing for the discipline of a certified
euthanasia technician or a certified euthanasia agency. The civil penalty must
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 executed in the same manner as any judgment
from any court of record.
(b) The Department may investigate any uncertified activity.
(c) Instructors or licensed veterinarians teaching humane euthanasia techniques
are exempt from the certification process so long as they are currently licensed by another state as a euthanasia technician or as a veterinarian.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/95)
Sec. 95.
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. Upon the failure of an agency to
pass
an inspection, animal euthanasia must
be
performed by a licensed veterinarian or at another certified euthanasia agency.
A
euthanasia agency that fails to pass an inspection is subject to penalty. Upon
notice of
failure to
pass an inspection, a euthanasia agency shall have 30 days to appeal the
inspection
results. On appeal, the euthanasia agency shall have the right to an
inspection
review or to a new inspection in accordance with procedures adopted by the
Department.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/100)
Sec. 100.
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 shall notify in writing the applicant, the agency, or
technician of the nature of the charges and that a hearing will be held on the
date designated, which shall be at least 30 days
after
the date of the notice.
The Department shall direct the applicant, agency, or technician
to
file a written answer to the Department under oath within 20 days after the
service
of
the notice and inform the applicant, agency, or technician that failure to file
an answer will result
in
default being taken against the applicant, agency, or technician and that the
certificate may be suspended, revoked, placed on probationary status, or other
disciplinary action may be taken, including limiting the scope, nature, or
extent of
business as the Director may deem proper. Written notice may be served by
personal delivery or certified or registered mail sent to the respondent at the
most recent address on record with the Department.
If the applicant, agency,
or technician fails to file
an
answer after receiving notice, the certification may, in the
discretion of
the Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action it deems proper including
imposing a civil penalty, without a hearing if the act or acts charged
constitute
sufficient
ground for such action under this Act.
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 such statements, testimony, evidence,
and argument as may be pertinent to the charges or to their defense. The
Department
may continue a hearing from time to time.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/105)
Sec. 105.
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 pleadings, written
motions
filed in the proceedings, the transcript of testimony, the report of the
hearing officer,
and the order
of the Department shall be the record of the proceeding.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/110)
Sec. 110.
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
connection with any hearing or investigation. The court may compel obedience
to its
order by proceedings for contempt.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/115)
Sec. 115.
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 conditions required in this Act. The
hearing officer shall
specify the nature of the violation or failure to comply, and shall make its
recommendations to the Director.
The report of the findings and recommendations of the hearing officer shall
be the
basis
for
the Department's order of refusal or for the granting of certification unless
the Director
determines that the hearing officer's report is contrary to the manifest
weight of
the evidence,
in which case the Director may issue an order in contravention of the hearing
officer's
report. The
finding is not admissible in evidence against the applicant, agency, or
technician 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.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/120)
Sec. 120.
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. Within 20 days
after such
service, the respondent may present to the Department a motion in writing for a
rehearing, which shall specify the particular grounds for rehearing. If no
motion for
rehearing is filed, then upon the expiration of the time specified for filing
the motion, or
if a motion for rehearing is denied, then upon such denial the Director may
enter an order
in accordance with recommendations of the hearing officer except as provided in
Section
125 of
this Act. If the respondent shall order from the reporting service and pay for
a transcript
of the record with 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.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/125)
Sec. 125.
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)
Sec. 130.
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 to conduct the hearing. The hearing officer shall
report his or her
findings and recommendations to the Director.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/135)
Sec. 135.
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:
(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/140)
Sec. 140.
Restoration of certificate.
Any time after the suspension or
revocation of a
certificate, the Department may restore the certificate to the accused agency
upon the
written recommendation of the Department unless, after an investigation and a
hearing, the
Department determines that restoration is not in the public interest.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/145)
Sec. 145.
Surrender of certificate.
Upon the revocation or suspension of
a certificate, the agency or technician shall immediately surrender the
certificate to the Department, and if the agency or technician fails to do so,
the Department shall have the right to seize the certificate.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/150)
Sec. 150.
Temporary suspension of a certificate.
The Director may
temporarily
suspend the certificate of a euthanasia agency or euthanasia technician
without a
hearing, simultaneously with the institution of proceedings for a hearing, if
the Director
finds that evidence in his or her possession indicates that the continued
practice of the certified euthanasia
agency or technician would constitute cruelty or an imminent
danger to
the public. If the Director temporarily suspends the certificate without a
hearing, a
hearing by the hearing officer must be held within 30 days of the suspension.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/155)
Sec. 155. Administrative Review Law. All final administrative decisions
of the
Department are subject to judicial review pursuant to the provisions of the
Administrative
Review Law, as now or hereafter amended, and all rules adopted pursuant to that
Law.
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 relief resides, but if the party is not
a resident of
this State, the venue shall be Sangamon County.

(Source: P.A. 96-1000, eff. 7-2-10.)

(510 ILCS 72/160)
Sec. 160.
Certification of record; costs.
The Department shall not be
required to
certify any record to the court or file any answer in court or otherwise appear
in
a court in a
judicial review proceeding, unless there is filed in the court, with the
complaint, a receipt
from the Department acknowledging payment of the costs of furnishing and
certifying the
record. Failure on the part of the plaintiff to file a receipt in court shall
be grounds for
dismissal of the action.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/165)
Sec. 165. Criminal penalties. An agency
or technician
who is found to have violated a
provision of
this Act is guilty of a Class A misdemeanor. On conviction of a second or
subsequent
offense, the violator shall be guilty of a Class 4 felony. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of this Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State's Attorney of the county within which the violation occurred. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of the Humane Care for Animals Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State's Attorney of the county within which the violation occurred.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/170)
Sec. 170.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act
is hereby expressly adopted and incorporated in 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, which provides that at hearings
the license
holder has the right to show compliance with all lawful requirements for
retention,
continuation, or renewal of a license, is specifically excluded. For the
purposes of this
Act, the notice required under Section 10-25 of the Illinois Administrative
Procedure Act
is deemed sufficient when mailed to the last known address of a party.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/175)
Sec. 175.
Home rule.
The regulation and certification of euthanasia
agencies and
euthanasia technicians are exclusive powers and functions of the State. A home
rule unit
may not regulate or certify euthanasia agencies or euthanasia technicians.
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.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/180)
Sec. 180.
Deposit of fees and fines.
All of the fees and
civil penalties
collected under this Act shall be deposited into the General Professions
Dedicated Fund and shall be used by the Department for the ordinary and
contingent expenses of the Department.

(Source: P.A. 92-449, eff. 1-1-02.)

(510 ILCS 72/800)
Sec. 800.
(Amendatory provisions; text omitted).

(Source: P.A. 92-449, eff. 1-1-02; text omitted.)

(510 ILCS 72/900)
Sec. 900.
(Amendatory provisions; text omitted).

(Source: P.A. 92-449, eff. 1-1-02; text omitted.)

(510 ILCS 72/905)
Sec. 905.
(Amendatory provisions; text omitted).

(Source: P.A. 92-449, eff. 1-1-02; text omitted.)