Can Illinois veterinarians bring other licensed healthcare professionals into a treatment plan? Yes, but only within strict guidelines set out in the Veterinary Medicine and Surgery Practice Act of 2004 and its accompanying rules.
We take no position on whether veterinarians should bring chiropractors, physical therapists or medical, orthopedic or plastic surgeons into a veterinary case.
Instead, you should understand the risks and responsibilities that come with asking a person licensed to treat only human patients for assistance in an animal case.
[Related: Managing Modern Challenges in Veterinary Medicine]
What Are the Requirements for Bringing In a Non-Vet Professional?
Item (9) of Section 4 exempts certain licensed professionals from prosecution for practicing veterinary medicine without a license. But they must meet several conditions:
- The veterinarian must request the assistance in writing.
- The non-vet must be a member in good standing of a licensed or regulated profession in any state or a member of an organization or group the Illinois Department of Financial and Professional Regulation (IDFPR) has approved by rule.
- The assistance must involve hands-on active participation in the animal’s treatment and care, not just advice or consultation.
- A preexisting veterinarian–client–patient relationship must already exist.
- The client must give consent.
- The non-vet may act only under the veterinarian’s supervision and control.
- The veterinarian retains full responsibility for the veterinarian–client–patient relationship.
Additionally, the veterinarian must maintain records documenting these things:
- Veterinarian–client–patient relationship
- Client’s consent
- Diagnosis
- Referral
That’s a meaningful set of conditions to satisfy before bringing in outside help. Missing even one can undercut the exemption.
[Related: Facing Charges of Unlicensed Practice in Illinois]
What Counts as a Veterinarian–Client–Patient Relationship?
To establish this relationship, you as the veterinarian must meet three conditions:
- First, you must assume responsibility for all clinical judgments about the animal’s health. The client must agree to follow your instructions.
- Second, you must have enough knowledge of the animal to make at least a general or preliminary diagnosis. You must do so through a recent examination and full access to its records.
- Third, you must remain available for follow-up care or designate another available veterinarian with access to the patient’s records to step in if needed.
The IDFPR takes these matters seriously, and you should too, including bringing in legal counsel.
[Related: Must Illinois Veterinarians Use the Prescription Monitoring Program?]
What Consent Requirements Apply for Veterinarians?
The exemption requires only “consent from the client.” That’s a lower bar than the informed consent standard used elsewhere in Illinois professional licensing. The Act doesn’t define what basic consent must include here.
As a practical matter, a fuller, informed consent process offers far stronger protection than the bare statutory minimum if a complaint or malpractice claim surfaces later. That process should disclose these things:
- Nature of the assistance
- Risks
- Benefits
- Alternatives
Additionally, the client should have the legal capacity to make decisions about the animal. Any consent should be voluntary rather than pressured.
The Act allows oral or written consent. If you’re a prudent veterinarian, you’ll document the consent and its terms in the treatment record at minimum. A full written disclosure and release offers the strongest protection.
[Related: Illinois Physician Licenses and Sister State Discipline]
Does HIPAA Apply to Illinois Veterinarians?
No. HIPAA protects human patients’ health information. Veterinarians don’t conduct the kinds of transactions that classify them as HIPAA-covered entities.
This doesn’t mean veterinary records are unprotected. Illinois law and professional standards still require you to safeguard client information, obtain consent and follow proper recordkeeping when collaborating with an outside professional on a case.
Violations can lead to IDFPR discipline separate from any federal privacy law.
[Related: Actions To Avoid if Your Professional License Is Under Investigation]
Contact Williams & Nickl To Protect Your Veterinary License
Bringing in outside help on a veterinary case can raise your standard of care. It can also expose you to licensing risk if the paperwork or process falls short.
If a problem arises with the IDFPR, Williams & Nickl focuses on professional license defense for veterinarians. And we hate to lose.
Contact us online or call 312-335-9470 to schedule a free, confidential 1-hour consultation.
Check out our client testimonials and case results to see how we’ve helped defend Illinois veterinarians’ licenses.