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Full Text of HB1573  93rd General Assembly

HB1573 93rd General Assembly


093_HB1573

 
                                     LRB093 06601 AMC 06731 b

 1        AN ACT concerning contact lenses.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Contact Lens Act.

 6        Section 5.  Legislative intent.  It is the intent of  the
 7    General  Assembly  to  balance  the right of the contact lens
 8    patient and consumer to free  and  open  access  to  purchase
 9    contact lenses against the professional responsibility of eye
10    care  professionals  to  protect the patient's eye health and
11    provide continuous and consistent quality care.

12        Section 10.  Definitions.  As used in this Act:
13        "Contact lens prescription" means a written order bearing
14    the original signature of a licensed optometrist or physician
15    or  an  oral  or  electronic  order  issued  directly  by  an
16    optometrist or a physician to  an  ophthalmic  provider  that
17    authorizes the provision of contact lenses to the patient.
18        "Dispense"  means  the  delivery  of  contact lenses to a
19    patient,  either  directly  or  by  common  carrier,  by   an
20    ophthalmic  provider in accordance with a prescription issued
21    by a prescriber.
22        "Ophthalmic provider" means a licensed individual who  is
23    responsible  for  the  dispensing  of  contact  lenses to the
24    patient from  a  contact  lens  prescription.  An  ophthalmic
25    provider   is  an  optometrist,  a  physician,  a  pharmacist
26    licensed under the Pharmacy  Practice  Act  of  1987,  or  an
27    entity licensed under the Mail Order Contact Lens Act.
28        "Optometrist"  means  an  individual licensed to practice
29    optometry under the Illinois Optometric Practice Act of 1987.
30        "Physician" means  an  individual  licensed  to  practice
 
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 1    medicine  in  all  of its branches under the Medical Practice
 2    Act of 1987.
 3        "Prescriber" means an optometrist or physician who issues
 4    a contact lens prescription.

 5        Section 15. Application  of  Act.  Nothing  in  this  Act
 6    requires  an  optometrist  or  physician  to  confirm that an
 7    individual  is  a  patient  or  to  release  any  information
 8    regarding the patient, other than confirmation or denial of a
 9    valid prescription, without the express  written  consent  of
10    the patient.

11        Section  20.   Prescription contents.  A prescription for
12    contact lenses shall contain all of the following:
13             (1)  the name and address of the  patient  for  whom
14        the contact lens is prescribed;
15             (2)  the date of issuance;
16             (3)  an expiration date of one year from the date of
17        issuance,  unless  stated  otherwise  by  the  prescriber
18        (prescriptions  of  less  than  one  year  shall  be  for
19        documented optometric or medical reasons);
20             (4)  the number of refills or lenses permitted;
21             (5)  the  name,  office  address,  telephone number,
22        license number,  and  signature  of  the  optometrist  or
23        physician issuing the prescription;
24             (6)  the   ophthalmic   information   necessary   to
25        accurately  fabricate  or  dispense the lenses, including
26        the lens manufacturer, lens series, and lens material, if
27        applicable; and
28             (7)  a   statement   that   no   substitutions   are
29        permitted.

30        Section 25.  Release of prescription.  An optometrist  or
31    physician   shall   provide   the   patient   with  or  shall
 
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 1    electronically transmit to an ophthalmic provider a  copy  of
 2    his  or  her  contact  lens prescription, upon request by the
 3    patient, within one year of examination if the patient:
 4             (1)  has  completed  the  initial   evaluation   and
 5        adaptation  period  necessary  to complete a contact lens
 6        prescription and has been released from initial follow-up
 7        care;
 8             (2)  has no documented eye  disease,  condition,  or
 9        risk  care  factors  that, in the professional opinion of
10        the optometrist or physician, would preclude  release  of
11        the prescription; and
12             (3)  has  made  payment  of  all reasonable fees for
13        services  and  materials  used   or   incurred   in   the
14        development of the contact lens prescription.
15        Any  ophthalmic  provider  who fills a prescription bears
16    the full responsibility for the accurate  dispensing  of  the
17    contact  lenses  provided under the prescription. At no time,
18    without the written direction of the  prescriber,  shall  any
19    changes  or  substitutions  be made, including brand, type of
20    lenses, or ophthalmic parameters.

21        Section  30.   Dispensing.   No  contact  lenses  may  be
22    dispensed to a patient within this State except by a licensed
23    ophthalmic  provider  in  accordance  with  a  contact   lens
24    prescription issued by a licensed prescriber.
25        The  failure  of  a prescriber to respond to a request to
26    verify a contact lens  prescription  does  not  authorize  an
27    ophthalmic  provider  to  dispense contact lenses pursuant to
28    that prescription.  Contact lenses may  be  dispensed  by  an
29    ophthalmic  provider  only  upon  receipt  by  the ophthalmic
30    provider of affirmative confirmation of the prescription from
31    the prescriber.

32        Section 35.  Fees.  An optometrist or physician  may  not
 
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 1    impose  any  fee or charge for the reproduction or release of
 2    the initial contact lens  prescription.   An  optometrist  or
 3    physician   may   properly   charge  reasonable  fees  for  a
 4    patient-requested follow-up  visit  to  determine  whether  a
 5    prescription   for   contact   lenses  furnished  by  another
 6    ophthalmic provider has been properly  filled.    Nothing  in
 7    this  Act  shall  preclude  an  optometrist or physician from
 8    charging for contact lenses provided to  the  patient  during
 9    the evaluation and adaptation period.

10        Section  40.  Indemnification;  liability. The prescriber
11    shall not be liable for any damage or injury  resulting  from
12    the packaging, manufacturing, or dispensing of the prescribed
13    lenses, unless the ophthalmic provider and the prescriber are
14    the same person.
15        The   ophthalmic   provider   shall  be  responsible  for
16    obtaining any and all required  releases  of  confidentiality
17    from  the patient in connection with the provision of contact
18    lenses. The prescriber shall be released from  any  liability
19    resulting  from any such violations of confidentiality unless
20    the ophthalmic provider  and  the  prescriber  are  the  same
21    person.

22        Section  45.  Violations.  Violations of this Act include
23    all of the following:
24        (1)  Dispensing contact  lenses  in  Illinois  without  a
25    valid prescription, as required by this Act.
26        (2)  Dispensing  contact  lenses  in  Illinois beyond the
27    stated expiration date of the prescription or 1 year from the
28    issuance date, if no expiration date is stated.
29        (3)  Filling a prescription in excess of  the  quantities
30    or  frequency  stated or in quantities that would last beyond
31    the expiration date of the prescription.
32        (4)  Filling a prescription other than exactly as written
 
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 1    without express written approval of the prescriber.
 2        (5)  Filling  a  prescription  without  the  full   name,
 3    address,  phone  number, license number, and signature of the
 4    prescriber on the original  copy  or  in  the  electronically
 5    transmitted record.
 6        (6)  Failure to maintain records of prescriptions filled,
 7    including   original   copies   or   records   of  electronic
 8    transmissions, for a period of 6 years.
 9        (7)  Dispensing  plano,  tinted,  or  decorative   lenses
10    without a prescription.
11        (8)  Knowingly  releasing or confirming a prescription to
12    a provider who is not licensed as an ophthalmic  provider  in
13    Illinois  for  delivery  of  contact  lenses  to a patient in
14    Illinois.
15        (9)  Any other offense that, if not excepted in this Act,
16    would be a violation of the Illinois Optometric Practice  Act
17    of  1987,  the  Medical Practice Act of 1987, or the Pharmacy
18    Practice Act of 1987.

19        Section 50.  Penalties; enforcement.  A violation of this
20    Act by a person other than a physician  or  pharmacist  shall
21    be considered a violation of the Illinois Optometric Practice
22    Act  of  1987  and  shall  be  enforced  by the Department of
23    Professional  Regulation  upon  the  recommendation  of   the
24    Illinois  Optometric  Licensing  and  Disciplinary  Board.  A
25    violation of this Act by a physician shall  be  considered  a
26    violation  of  the  Medical Practice Act of 1987 and shall be
27    enforced by the Department of  Professional  Regulation  upon
28    the  recommendation  of  the  Medical  Disciplinary Board.  A
29    violation of this Act by a pharmacist shall be  considered  a
30    violation  of  the Pharmacy Practice Act of 1987 and shall be
31    enforced by the Department of  Professional  Regulation  upon
32    the recommendation of the State Board of Pharmacy.
 
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 1        Section  55. Deposit of civil penalties. All of the civil
 2    penalties collected under this Act shall  be  deposited  into
 3    the Optometric Licensing and Disciplinary Fund. All moneys in
 4    the  fund  shall  be  used  by the Department of Professional
 5    Regulation, as appropriated, for the ordinary and  contingent
 6    expenses of the Department in enforcing this Act.

 7        Section  60.   Rules.   The  Department  of  Professional
 8    Regulation,  after  considering  the  recommendations  of the
 9    Optometric Licensing and Disciplinary Board and  the  Medical
10    Disciplinary   Board,   shall   promulgate   rules   for  the
11    implementation of this Act.

12        Section  900.   The  Medical  Practice  Act  of  1987  is
13    amended by changing Section 22 as follows:

14        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
15        (Section scheduled to be repealed on January 1, 2007)
16        Sec. 22.  Disciplinary action.
17        (A)  The   Department   may  revoke,  suspend,  place  on
18    probationary status, or take any other disciplinary action as
19    the Department may deem proper with regard to the license  or
20    visiting professor permit of any person issued under this Act
21    to  practice medicine, or to treat human ailments without the
22    use of drugs and without operative surgery upon  any  of  the
23    following grounds:
24             (1)  Performance  of  an  elective  abortion  in any
25        place, locale, facility, or institution other than:
26                  (a)  a  facility  licensed  pursuant   to   the
27             Ambulatory Surgical Treatment Center Act;
28                  (b)  an institution licensed under the Hospital
29             Licensing Act; or
30                  (c)  an ambulatory surgical treatment center or
31             hospitalization  or  care facility maintained by the
 
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 1             State or any agency thereof, where  such  department
 2             or  agency  has authority under law to establish and
 3             enforce  standards  for  the   ambulatory   surgical
 4             treatment    centers,   hospitalization,   or   care
 5             facilities under its management and control; or
 6                  (d)  ambulatory  surgical  treatment   centers,
 7             hospitalization or care facilities maintained by the
 8             Federal Government; or
 9                  (e)  ambulatory   surgical  treatment  centers,
10             hospitalization or care facilities maintained by any
11             university or college established under the laws  of
12             this State and supported principally by public funds
13             raised by taxation.
14             (2)  Performance  of  an  abortion  procedure  in  a
15        wilful  and wanton manner on a woman who was not pregnant
16        at the time the abortion procedure was performed.
17             (3)  The conviction of a felony in this or any other
18        jurisdiction, except as otherwise provided in  subsection
19        B  of  this  Section,  whether or not related to practice
20        under this  Act,  or  the  entry  of  a  guilty  or  nolo
21        contendere plea to a felony charge.
22             (4)  Gross negligence in practice under this Act.
23             (5)  Engaging    in   dishonorable,   unethical   or
24        unprofessional conduct of a character likely to  deceive,
25        defraud or harm the public.
26             (6)  Obtaining   any   fee   by  fraud,  deceit,  or
27        misrepresentation.
28             (7)  Habitual or excessive use  or  abuse  of  drugs
29        defined  in  law as controlled substances, of alcohol, or
30        of any other substances which results in the inability to
31        practice with reasonable judgment, skill or safety.
32             (8)  Practicing under a false or, except as provided
33        by law, an assumed name.
34             (9)  Fraud or misrepresentation in applying for,  or
 
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 1        procuring, a license under this Act or in connection with
 2        applying for renewal of a license under this Act.
 3             (10)  Making   a   false   or  misleading  statement
 4        regarding their skill or the efficacy  or  value  of  the
 5        medicine,  treatment,  or  remedy  prescribed  by them at
 6        their direction in the treatment of any disease or  other
 7        condition of the body or mind.
 8             (11)  Allowing another person or organization to use
 9        their license, procured under this Act, to practice.
10             (12)  Disciplinary   action   of  another  state  or
11        jurisdiction against a license or other authorization  to
12        practice  as  a  medical  doctor,  doctor  of osteopathy,
13        doctor of osteopathic medicine or doctor of chiropractic,
14        a certified copy of the record of the action taken by the
15        other state or jurisdiction being  prima  facie  evidence
16        thereof.
17             (13)  Violation  of  any provision of this Act or of
18        the Medical Practice Act prior to the repeal of that Act,
19        or violation of the  rules,  or  a  final  administrative
20        action  of  the  Director,  after  consideration  of  the
21        recommendation of the Disciplinary Board.
22             (14)  Dividing  with  anyone  other  than physicians
23        with  whom  the  licensee  practices  in  a  partnership,
24        Professional Association, limited liability  company,  or
25        Medical  or Professional Corporation any fee, commission,
26        rebate or other form of compensation for any professional
27        services not actually and  personally  rendered.  Nothing
28        contained  in  this  subsection prohibits persons holding
29        valid and current licenses under this Act from practicing
30        medicine in partnership under  a  partnership  agreement,
31        including  a  limited liability partnership, in a limited
32        liability company under  the  Limited  Liability  Company
33        Act,   in   a   corporation  authorized  by  the  Medical
34        Corporation Act, as  an  association  authorized  by  the
 
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 1        Professional  Association  Act, or in a corporation under
 2        the  Professional  Corporation  Act  or   from   pooling,
 3        sharing,  dividing  or  apportioning  the fees and monies
 4        received by them or by the  partnership,  corporation  or
 5        association  in accordance with the partnership agreement
 6        or  the  policies  of  the  Board  of  Directors  of  the
 7        corporation or association.  Nothing  contained  in  this
 8        subsection prohibits 2 or more corporations authorized by
 9        the  Medical  Corporation Act, from forming a partnership
10        or joint venture  of  such  corporations,  and  providing
11        medical,  surgical  and scientific research and knowledge
12        by employees of these corporations if such employees  are
13        licensed  under  this  Act,  or  from  pooling,  sharing,
14        dividing, or apportioning the fees and monies received by
15        the  partnership  or joint venture in accordance with the
16        partnership  or   joint   venture   agreement.    Nothing
17        contained  in this subsection shall abrogate the right of
18        2 or more persons, holding  valid  and  current  licenses
19        under this Act, to each receive adequate compensation for
20        concurrently rendering professional services to a patient
21        and   divide  a  fee;  provided,  the  patient  has  full
22        knowledge  of  the  division,  and,  provided,  that  the
23        division is made in proportion to the services  performed
24        and responsibility assumed by each.
25             (15)  A  finding  by  the Medical Disciplinary Board
26        that the registrant  after  having  his  or  her  license
27        placed  on probationary status or subjected to conditions
28        or restrictions violated the terms of  the  probation  or
29        failed to comply with such terms or conditions.
30             (16)  Abandonment of a patient.
31             (17)  Prescribing,      selling,      administering,
32        distributing,   giving  or  self-administering  any  drug
33        classified as a controlled substance (designated product)
34        or narcotic for other than medically accepted therapeutic
 
                            -10-     LRB093 06601 AMC 06731 b
 1        purposes.
 2             (18)  Promotion  of  the  sale  of  drugs,  devices,
 3        appliances or goods provided for a patient in such manner
 4        as to exploit the  patient  for  financial  gain  of  the
 5        physician.
 6             (19)  Offering,  undertaking  or agreeing to cure or
 7        treat disease by a secret method, procedure, treatment or
 8        medicine, or the treating, operating or  prescribing  for
 9        any human condition by a method, means or procedure which
10        the  licensee  refuses  to  divulge  upon  demand  of the
11        Department.
12             (20)  Immoral conduct in the commission of  any  act
13        including,  but  not  limited to, commission of an act of
14        sexual misconduct related to the licensee's practice.
15             (21)  Wilfully making or  filing  false  records  or
16        reports in his or her practice as a physician, including,
17        but  not  limited  to,  false  records  to support claims
18        against the medical assistance program of the  Department
19        of Public Aid under the Illinois Public Aid Code.
20             (22)  Wilful omission to file or record, or wilfully
21        impeding  the  filing  or  recording, or inducing another
22        person to omit to file  or  record,  medical  reports  as
23        required  by  law,  or  wilfully  failing  to  report  an
24        instance  of  suspected  abuse  or neglect as required by
25        law.
26             (23)  Being named as a perpetrator in  an  indicated
27        report  by the Department of Children and Family Services
28        under the Abused and Neglected Child Reporting  Act,  and
29        upon  proof  by  clear  and  convincing evidence that the
30        licensee has caused a child to  be  an  abused  child  or
31        neglected  child  as  defined in the Abused and Neglected
32        Child Reporting Act.
33             (24)  Solicitation of professional patronage by  any
34        corporation,  agents  or persons, or profiting from those
 
                            -11-     LRB093 06601 AMC 06731 b
 1        representing themselves to be agents of the licensee.
 2             (25)  Gross and wilful  and  continued  overcharging
 3        for   professional   services,   including  filing  false
 4        statements for collection of fees for which services  are
 5        not  rendered, including, but not limited to, filing such
 6        false statements for collection of  monies  for  services
 7        not  rendered  from the medical assistance program of the
 8        Department of Public Aid under the  Illinois  Public  Aid
 9        Code.
10             (26)  A  pattern of practice or other behavior which
11        demonstrates incapacity or incompetence to practice under
12        this Act.
13             (27)  Mental illness or disability which results  in
14        the  inability to practice under this Act with reasonable
15        judgment, skill or safety.
16             (28)  Physical illness, including, but  not  limited
17        to,  deterioration  through the aging process, or loss of
18        motor skill which results in a physician's  inability  to
19        practice  under  this Act with reasonable judgment, skill
20        or safety.
21             (29)  Cheating  on  or  attempt   to   subvert   the
22        licensing examinations administered under this Act.
23             (30)  Wilfully    or   negligently   violating   the
24        confidentiality between physician and patient  except  as
25        required by law.
26             (31)  The use of any false, fraudulent, or deceptive
27        statement  in  any document connected with practice under
28        this Act.
29             (32)  Aiding and abetting an individual not licensed
30        under this Act in the practice of a  profession  licensed
31        under this Act.
32             (33)  Violating state or federal laws or regulations
33        relating to controlled substances.
34             (34)  Failure   to  report  to  the  Department  any
 
                            -12-     LRB093 06601 AMC 06731 b
 1        adverse  final  action  taken  against  them  by  another
 2        licensing jurisdiction (any other state or any  territory
 3        of the United States or any foreign state or country), by
 4        any  peer review body, by any health care institution, by
 5        any  professional  society  or  association  related   to
 6        practice  under  this Act, by any governmental agency, by
 7        any law enforcement agency, or by any court for  acts  or
 8        conduct similar to acts or conduct which would constitute
 9        grounds for action as defined in this Section.
10             (35)  Failure  to report to the Department surrender
11        of a license or authorization to practice  as  a  medical
12        doctor,  a  doctor of osteopathy, a doctor of osteopathic
13        medicine, or doctor of chiropractic in another  state  or
14        jurisdiction,  or  surrender of membership on any medical
15        staff or in any medical or  professional  association  or
16        society, while under disciplinary investigation by any of
17        those  authorities or bodies, for acts or conduct similar
18        to acts or conduct which  would  constitute  grounds  for
19        action as defined in this Section.
20             (36)  Failure   to  report  to  the  Department  any
21        adverse judgment, settlement, or  award  arising  from  a
22        liability  claim  related  to  acts or conduct similar to
23        acts or conduct which would constitute grounds for action
24        as defined in this Section.
25             (37)  Failure to transfer copies of medical  records
26        as required by law.
27             (38)  Failure   to   furnish   the  Department,  its
28        investigators or representatives,  relevant  information,
29        legally  requested  by  the Department after consultation
30        with the Chief Medical Coordinator or the Deputy  Medical
31        Coordinator.
32             (39)  Violating the Health Care Worker Self-Referral
33        Act.
34             (40)  Willful  failure to provide notice when notice
 
                            -13-     LRB093 06601 AMC 06731 b
 1        is required under the Parental Notice of Abortion Act  of
 2        1995.
 3             (41)  Failure  to  establish and maintain records of
 4        patient care and treatment as required by this law.
 5             (42)  Entering into an excessive number  of  written
 6        collaborative  agreements with licensed advanced practice
 7        nurses  resulting   in   an   inability   to   adequately
 8        collaborate and provide medical direction.
 9             (43)  Repeated  failure  to  adequately  collaborate
10        with  or provide medical direction to a licensed advanced
11        practice nurse.
12             (44)  Violating the Contact Lens Act.
13        All proceedings to suspend, revoke, place on probationary
14    status,  or  take  any  other  disciplinary  action  as   the
15    Department  may  deem proper, with regard to a license on any
16    of the foregoing grounds, must be commenced  within  3  years
17    next  after receipt by the Department of a complaint alleging
18    the commission of or notice of the conviction order  for  any
19    of  the  acts  described  herein.   Except  for  the  grounds
20    numbered (8), (9) and (29), no action shall be commenced more
21    than 5 years after the date of the incident or act alleged to
22    have  violated  this Section.  In the event of the settlement
23    of any claim or cause of action in favor of the  claimant  or
24    the  reduction to final judgment of any civil action in favor
25    of the plaintiff, such claim, cause of action or civil action
26    being grounded on the allegation that a person licensed under
27    this Act was negligent  in  providing  care,  the  Department
28    shall  have an additional period of one year from the date of
29    notification to the Department under Section 23 of  this  Act
30    of  such settlement or final judgment in which to investigate
31    and commence formal disciplinary proceedings under Section 36
32    of this Act, except as otherwise provided by law.   The  time
33    during  which the holder of the license was outside the State
34    of Illinois shall not be included within any period  of  time
 
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 1    limiting  the  commencement  of  disciplinary  action  by the
 2    Department.
 3        The entry of an order or judgment by  any  circuit  court
 4    establishing that any person holding a license under this Act
 5    is  a  person  in  need  of  mental  treatment  operates as a
 6    suspension of that license.  That  person  may  resume  their
 7    practice  only  upon  the entry of a Departmental order based
 8    upon a finding by the Medical Disciplinary  Board  that  they
 9    have  been  determined to be recovered from mental illness by
10    the court and upon the  Disciplinary  Board's  recommendation
11    that they be permitted to resume their practice.
12        The  Department  may refuse to issue or take disciplinary
13    action concerning the license of any person who fails to file
14    a return, or to pay the tax, penalty or interest shown  in  a
15    filed  return, or to pay any final assessment of tax, penalty
16    or interest, as required by any tax Act administered  by  the
17    Illinois  Department  of  Revenue,  until  such  time  as the
18    requirements of any such tax Act are satisfied as  determined
19    by the Illinois Department of Revenue.
20        The   Department,   upon   the   recommendation   of  the
21    Disciplinary  Board,  shall  adopt  rules  which  set   forth
22    standards to be used in determining:
23             (a)  when  a  person  will  be  deemed  sufficiently
24        rehabilitated to warrant the public trust;
25             (b)  what  constitutes  dishonorable,  unethical  or
26        unprofessional  conduct of a character likely to deceive,
27        defraud, or harm the public;
28             (c)  what  constitutes  immoral   conduct   in   the
29        commission  of  any  act,  including, but not limited to,
30        commission of an act of sexual misconduct related to  the
31        licensee's practice; and
32             (d)  what   constitutes   gross  negligence  in  the
33        practice of medicine.
34        However, no such rule shall be admissible  into  evidence
 
                            -15-     LRB093 06601 AMC 06731 b
 1    in any civil action except for review of a licensing or other
 2    disciplinary action under this Act.
 3        In  enforcing  this  Section,  the  Medical  Disciplinary
 4    Board, upon a showing of a possible violation, may compel any
 5    individual  licensed  to  practice under this Act, or who has
 6    applied for licensure or a permit pursuant to  this  Act,  to
 7    submit  to  a  mental  or  physical  examination, or both, as
 8    required by and  at  the  expense  of  the  Department.   The
 9    examining physician or physicians shall be those specifically
10    designated   by   the   Disciplinary   Board.   The   Medical
11    Disciplinary  Board or the Department may order the examining
12    physician to present  testimony  concerning  this  mental  or
13    physical  examination  of  the  licensee  or  applicant.   No
14    information  shall be excluded by reason of any common law or
15    statutory privilege relating  to  communication  between  the
16    licensee  or  applicant  and  the  examining  physician.  The
17    individual  to  be  examined  may  have,  at  his  or her own
18    expense, another physician  of  his  or  her  choice  present
19    during  all  aspects  of  the  examination.    Failure of any
20    individual to submit to mental or physical examination,  when
21    directed,  shall  be  grounds  for  suspension  of his or her
22    license until such time as  the  individual  submits  to  the
23    examination if the Disciplinary Board finds, after notice and
24    hearing,  that  the  refusal to submit to the examination was
25    without reasonable cause.  If the Disciplinary Board finds  a
26    physician unable to practice because of the reasons set forth
27    in  this  Section,  the Disciplinary Board shall require such
28    physician to submit to  care,  counseling,  or  treatment  by
29    physicians  approved or designated by the Disciplinary Board,
30    as  a  condition  for  continued,  reinstated,   or   renewed
31    licensure  to  practice.   Any  physician,  whose license was
32    granted pursuant to Sections 9, 17, or 19 of  this  Act,  or,
33    continued,  reinstated,  renewed,  disciplined or supervised,
34    subject to such terms, conditions or restrictions  who  shall
 
                            -16-     LRB093 06601 AMC 06731 b
 1    fail  to  comply with such terms, conditions or restrictions,
 2    or to complete a required program  of  care,  counseling,  or
 3    treatment,  as determined by the Chief Medical Coordinator or
 4    Deputy  Medical  Coordinators,  shall  be  referred  to   the
 5    Director for a determination as to whether the licensee shall
 6    have  their  license suspended immediately, pending a hearing
 7    by  the  Disciplinary  Board.   In  instances  in  which  the
 8    Director immediately suspends a license under this Section, a
 9    hearing upon such person's license must be  convened  by  the
10    Disciplinary  Board  within 15 days after such suspension and
11    completed without appreciable delay.  The Disciplinary  Board
12    shall  have  the  authority to review the subject physician's
13    record of treatment and counseling regarding the  impairment,
14    to  the  extent  permitted by applicable federal statutes and
15    regulations  safeguarding  the  confidentiality  of   medical
16    records.
17        An  individual  licensed  under  this Act, affected under
18    this Section, shall be afforded an opportunity to demonstrate
19    to the Disciplinary Board that they can  resume  practice  in
20    compliance with acceptable and prevailing standards under the
21    provisions of their license.
22        The Department may promulgate rules for the imposition of
23    fines  in  disciplinary  cases, not to exceed $5,000 for each
24    violation of this Act.  Fines may be imposed  in  conjunction
25    with other forms of disciplinary action, but shall not be the
26    exclusive  disposition of any disciplinary action arising out
27    of conduct resulting in death or injury to  a  patient.   Any
28    funds  collected  from  such  fines shall be deposited in the
29    Medical Disciplinary Fund.
30        (B)  The Department shall revoke the license or  visiting
31    permit  of  any  person  issued  under  this  Act to practice
32    medicine or to treat human ailments without the use of  drugs
33    and  without  operative  surgery,  who  has  been convicted a
34    second time of  committing  any  felony  under  the  Illinois
 
                            -17-     LRB093 06601 AMC 06731 b
 1    Controlled Substances Act, or who has been convicted a second
 2    time  of  committing a Class 1 felony under Sections 8A-3 and
 3    8A-6 of the Illinois Public Aid Code.  A person whose license
 4    or visiting permit is revoked  under  this  subsection  B  of
 5    Section  22  of  this Act shall be prohibited from practicing
 6    medicine or treating human ailments without the use of  drugs
 7    and without operative surgery.
 8        (C)  The  Medical  Disciplinary  Board shall recommend to
 9    the Department civil  penalties  and  any  other  appropriate
10    discipline  in disciplinary cases when the Board finds that a
11    physician  willfully  performed  an  abortion   with   actual
12    knowledge  that  the  person  upon whom the abortion has been
13    performed is a minor or an incompetent person without  notice
14    as  required  under  the  Parental  Notice of Abortion Act of
15    1995.  Upon the Board's recommendation, the Department  shall
16    impose,  for  the  first violation, a civil penalty of $1,000
17    and for a second or subsequent violation, a civil penalty  of
18    $5,000.
19    (Source: P.A.   89-18,  eff.  6-1-95;  89-201,  eff.  1-1-96;
20    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
21    8-13-98.)

22        Section  905.  The Illinois Optometric  Practice  Act  of
23    1987 is amended by changing Sections 4.5 and 24 as follows:

24        (225 ILCS 80/4.5)
25        (Section scheduled to be repealed on January 1, 2007)
26        Sec. 4.5.  Unlicensed practice; violation; civil penalty.
27        (a)  Any   person  who  practices,  offers  to  practice,
28    attempts to  practice,  or  holds  oneself  out  to  practice
29    optometry  without  being  licensed  under  this  Act  or any
30    individual or entity that  causes  or  attempts  to  cause  a
31    licensed   optometrist   or   any  other  person  under  that
32    individual or entity's  control  to  violate  this  Act,  the
 
                            -18-     LRB093 06601 AMC 06731 b
 1    Contact Lens Act, or the rules adopted pursuant to either Act
 2    shall,  in addition to any other penalty provided by law, pay
 3    a civil penalty to the Department in an amount not to  exceed
 4    $10,000   $5,000  for  each  offense  as  determined  by  the
 5    Department. The  civil  penalty  shall  be  assessed  by  the
 6    Department  after  a  hearing  is held in accordance with the
 7    provisions set forth in this Act regarding the provision of a
 8    hearing for the discipline of a licensee.
 9        (b)  The  Department  has  the  authority  and  power  to
10    investigate any and all unlicensed activity.
11        (c)  The civil penalty shall be paid within 60 days after
12    the effective date of the order imposing the  civil  penalty.
13    The  order  shall  constitute a judgment and may be filed and
14    execution had thereon in the same manner as any judgment from
15    any court of record.
16    (Source: P.A. 89-474, eff. 6-18-96.)

17        (225 ILCS 80/24) (from Ch. 111, par. 3924)
18        (Section scheduled to be repealed on January 1, 2007)
19        Sec. 24.  Grounds for disciplinary action.
20        (a)  The Department may refuse to issue or to  renew,  or
21    may  revoke,  suspend,  place on probation, reprimand or take
22    other disciplinary action as the Department may deem  proper,
23    including  fines  not  to  exceed  $10,000  $5,000  for  each
24    violation,  with regard to any license or certificate for any
25    one or combination of the following causes:
26             (1)  Violations  of  this  Act,  or  of  the   rules
27        promulgated hereunder.
28             (2)  Conviction  of  any crime under the laws of any
29        U.S. jurisdiction thereof that is a felony or that  is  a
30        misdemeanor  of which an essential element is dishonesty,
31        or of any crime that is directly related to the  practice
32        of the profession.
33             (3)  Making any misrepresentation for the purpose of
 
                            -19-     LRB093 06601 AMC 06731 b
 1        obtaining a license or certificate.
 2             (4)  Professional  incompetence  or gross negligence
 3        in the practice of optometry.
 4             (5)  Gross  malpractice,  prima  facie  evidence  of
 5        which may be a conviction or judgment of  malpractice  in
 6        any court of competent jurisdiction.
 7             (6)  Aiding or assisting another person in violating
 8        any provision of this Act or rules.
 9             (7)  Failing, within 60 days, to provide information
10        in  response  to a written request made by the Department
11        that has been sent by certified or registered mail to the
12        licensee's last known address.
13             (8)  Engaging   in   dishonorable,   unethical,   or
14        unprofessional conduct of a character likely to  deceive,
15        defraud, or harm the public.
16             (9)  Habitual  or  excessive  use  or  addiction  to
17        alcohol,  narcotics,  stimulants  or  any  other chemical
18        agent or drug that results in the inability  to  practice
19        with reasonable judgment, skill, or safety.
20             (10)  Discipline  by  another  U.S.  jurisdiction or
21        foreign nation, if at least one of the  grounds  for  the
22        discipline  is  the  same  or substantially equivalent to
23        those set forth herein.
24             (11)  Directly or indirectly giving to or  receiving
25        from  any  person,  firm,  corporation,  partnership,  or
26        association any fee, commission, rebate, or other form of
27        compensation  for  any professional services not actually
28        or personally rendered.  This  shall  not  be  deemed  to
29        include  (i)  rent  or  other  remunerations  paid  to an
30        individual, partnership, or corporation by an optometrist
31        for  the  lease,  rental,  or  use  of  space,  owned  or
32        controlled, by the individual,  partnership,  corporation
33        or  association, and (ii) the division of fees between an
34        optometrist and related  professional  service  providers
 
                            -20-     LRB093 06601 AMC 06731 b
 1        with  whom  the  optometrist practices  in a professional
 2        corporation  organized   under   Section   3.6   of   the
 3        Professional Service Corporation Act.
 4             (12)  A finding by the Department that the licensee,
 5        after  having  his  or her license placed on probationary
 6        status has violated the terms of probation.
 7             (13)  Abandonment of a patient.
 8             (14)  Willfully making or filing  false  records  or
 9        reports in his or her practice, including but not limited
10        to   false   records   filed   with   State  agencies  or
11        departments.
12             (15)  Willfully failing to  report  an  instance  of
13        suspected  child  abuse  or  neglect  as  required by the
14        Abused and Neglected Child Reporting Act.
15             (16)  Physical illness, including  but  not  limited
16        to,  deterioration  through the aging process, or loss of
17        motor skill, mental illness, or disability  that  results
18        in   the   inability  to  practice  the  profession  with
19        reasonable judgment, skill, or safety.
20             (17)  Solicitation of  professional  services  other
21        than permitted advertising.
22             (18)  Failure  to  provide  a patient with a copy of
23        his or her (i) record or prescription  upon  the  written
24        request  of  the patient, (ii) spectacle prescription, or
25        (iii) contact  lens  prescription  in  violation  of  the
26        Contact Lens Act.
27             (19)  Conviction   by   any   court   of   competent
28        jurisdiction, either within or without this State, of any
29        violation of any law governing the practice of optometry,
30        conviction  in this or another State of any crime that is
31        a felony under the laws of this State or conviction of  a
32        felony  in a federal court, if the Department determines,
33        after  investigation,  that  such  person  has  not  been
34        sufficiently rehabilitated to warrant the public trust.
 
                            -21-     LRB093 06601 AMC 06731 b
 1             (20)  A finding that licensure has been applied  for
 2        or obtained by fraudulent means.
 3             (21)  Continued   practice  by  a  person  knowingly
 4        having an infectious or contagious disease.
 5             (22)  Being named as a perpetrator in  an  indicated
 6        report  by the Department of Children and Family Services
 7        under the Abused and Neglected Child Reporting  Act,  and
 8        upon  proof  by  clear  and  convincing evidence that the
 9        licensee has caused a child to be an abused  child  or  a
10        neglected  child  as  defined in the Abused and Neglected
11        Child Reporting Act.
12             (23)  Practicing or attempting to practice  under  a
13        name  other  than  the  full  name as shown on his or her
14        license.
15             (24)  Immoral conduct in the commission of any  act,
16        such   as  sexual  abuse,  sexual  misconduct  or  sexual
17        exploitation, related to the licensee's practice.
18             (25)  Maintaining a professional  relationship  with
19        any  person,  firm,  or  corporation when the optometrist
20        knows,  or  should  know,  that  such  person,  firm,  or
21        corporation is violating this Act.
22             (26)  Promotion  of  the  sale  of  drugs,  devices,
23        appliances or goods provided for a client or  patient  in
24        such  manner  as  to  exploit  the  patient or client for
25        financial gain of the licensee.
26             (27)  Using the title "Doctor" or  its  abbreviation
27        without  further  qualifying  that  title or abbreviation
28        with the word "optometry" or "optometrist".
29             (28)  Use by a  licensed  optometrist  of  the  word
30        "infirmary",   "hospital",   "school",  "university",  in
31        English or any other language,  in  connection  with  the
32        place where optometry may be practiced or demonstrated.
33             (29)  Continuance of an optometrist in the employ of
34        any  person,  firm  or corporation, or as an assistant to
 
                            -22-     LRB093 06601 AMC 06731 b
 1        any optometrist or optometrists, directly or  indirectly,
 2        after  his  or  her  employer  or superior has been found
 3        guilty of violating or has been enjoined  from  violating
 4        the  laws  of  the  State  of  Illinois  relating  to the
 5        practice of optometry,  when  the  employer  or  superior
 6        persists in that violation.
 7             (30)  The   performance  of  optometric  service  in
 8        conjunction with a scheme or plan  with  another  person,
 9        firm  or  corporation known to be advertising in a manner
10        contrary to this Act or otherwise violating the  laws  of
11        the   State   of  Illinois  concerning  the  practice  of
12        optometry.
13             (31)  Failure  to  provide  satisfactory  proof   of
14        having  participated  in  approved  continuing  education
15        programs  as  determined by the Board and approved by the
16        Director.  Exceptions for extreme  hardships  are  to  be
17        defined by the rules of the Department.
18             (32)  Willfully  making  or  filing false records or
19        reports in the practice of optometry, including, but  not
20        limited  to  false  records to support claims against the
21        medical assistance program of the  Department  of  Public
22        Aid under the Illinois Public Aid Code.
23             (33)  Gross    and    willful    overcharging    for
24        professional  services  including filing false statements
25        for  collection  of  fees  for  which  services  are  not
26        rendered, including, but  not  limited  to  filing  false
27        statements  for  collection  of  monies  for services not
28        rendered from  the  medical  assistance  program  of  the
29        Department  of  Public  Aid under the Illinois Public Aid
30        Code.
31             (34)  In  the  absence  of  good  reasons   to   the
32        contrary, failure to perform a minimum eye examination as
33        required by the rules of the Department.
34             (35)  Violation    of   the   Health   Care   Worker
 
                            -23-     LRB093 06601 AMC 06731 b
 1        Self-Referral Act.
 2        The Department may refuse to issue  or  may  suspend  the
 3    license  or  certificate  of  any  person who fails to file a
 4    return, or to pay the tax, penalty or  interest  shown  in  a
 5    filed  return,  or  to  pay  any final assessment of the tax,
 6    penalty or interest, as required by any tax Act  administered
 7    by the Illinois Department of Revenue, until such time as the
 8    requirements of any such tax Act are satisfied.
 9        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
10    showing  of  a  possible violation, may compel any individual
11    licensed to practice under this Act, or who has  applied  for
12    licensure or certification pursuant to this Act, to submit to
13    a mental or physical examination, or both, as required by and
14    at  the  expense of the Department.  The examining physicians
15    or  clinical  psychologists  shall  be   those   specifically
16    designated  by  the  Board.   The Board or the Department may
17    order the examining physician  or  clinical  psychologist  to
18    present   testimony   concerning   this  mental  or  physical
19    examination of the licensee  or  applicant.   No  information
20    shall  be  excluded  by reason of any common law or statutory
21    privilege relating to communications between the licensee  or
22    applicant   and   the   examining   physician   or   clinical
23    psychologist.  Eye examinations may be provided by a licensed
24    and  certified therapeutic optometrist.  The individual to be
25    examined may  have,  at  his  or  her  own  expense,  another
26    physician  of his or her choice present during all aspects of
27    the examination.  Failure of any individual to  submit  to  a
28    mental  or  physical  examination,  when  directed,  shall be
29    grounds for suspension of a license until such  time  as  the
30    individual  submits  to  the  examination if the Board finds,
31    after notice and hearing, that the refusal to submit  to  the
32    examination was without reasonable cause.
33        If  the  Board  finds  an  individual  unable to practice
34    because of the reasons set forth in this Section,  the  Board
 
                            -24-     LRB093 06601 AMC 06731 b
 1    shall  require such individual to submit to care, counseling,
 2    or treatment by physicians or clinical psychologists approved
 3    or  designated  by  the  Board,  as  a  condition,  term,  or
 4    restriction for continued, reinstated, or  renewed  licensure
 5    to  practice,  or  in lieu of care, counseling, or treatment,
 6    the Board may recommend to the Department to file a complaint
 7    to immediately suspend, revoke, or otherwise  discipline  the
 8    license  of the individual, or the Board may recommend to the
 9    Department  to  file  a  complaint  to  suspend,  revoke,  or
10    otherwise discipline the  license  of  the  individual.   Any
11    individual whose license was granted pursuant to this Act, or
12    continued,  reinstated,  renewed, disciplined, or supervised,
13    subject to such conditions, terms, or restrictions, who shall
14    fail to comply with such conditions, terms, or  restrictions,
15    shall  be  referred to the Director for a determination as to
16    whether  the  individual  shall  have  his  or  her   license
17    suspended immediately, pending a hearing by the Board.
18        (b)  The determination by a circuit court that a licensee
19    is  subject to involuntary admission or judicial admission as
20    provided in the Mental Health and Developmental  Disabilities
21    Code  operates  as  an  automatic suspension.  The suspension
22    will end only upon a finding by a court that the  patient  is
23    no  longer  subject  to  involuntary  admission  or  judicial
24    admission  and issues an order so finding and discharging the
25    patient; and upon the recommendation  of  the  Board  to  the
26    Director  that  the  licensee be allowed to resume his or her
27    practice.
28    (Source: P.A.  89-702,  eff.  7-1-97;  90-230,  eff.  1-1-98;
29    90-655, eff. 7-30-98.)

30        Section  910.  The Mail Order Contact Lens Act is amended
31    by changing Sections 25, 30, and 35 and adding Section 31  as
32    follows:
 
                            -25-     LRB093 06601 AMC 06731 b
 1        (225 ILCS 83/25)
 2        Sec. 25.  Fees.  The Department shall provide by rule for
 3    a  schedule of fees for the administration and enforcement of
 4    this Act. The fees shall be nonrefundable.
 5        All fees collected under this Act shall be deposited into
 6    the Optometric Licensing and Disciplinary General Professions
 7    Dedicated Fund and, subject to appropriation, shall  be  used
 8    by the Department for the ordinary and contingent expenses of
 9    the Department in the administration of this Act.
10    (Source: P.A. 91-421, eff. 1-1-00.)

11        (225 ILCS 83/30)
12        Sec. 30.  Violation; civil penalty.
13        (a)  Any  person  who  dispenses,  offers to dispense, or
14    attempts to dispense contact lenses in violation of this  Act
15    or its rules shall, in addition to any other penalty provided
16    by  law,  pay  a civil penalty to the Department in an amount
17    not to exceed $10,000 $5,000 for each offense  as  determined
18    by the Department. The civil penalty may shall be assessed by
19    the Department after a hearing is held in accordance with the
20    provisions set forth in the Illinois Administrative Procedure
21    Act.
22        (b)  The  Department  may  investigate  all violations of
23    this Act.
24        (c)  The civil penalty shall be paid within 60 days after
25    the effective date of the order imposing the  civil  penalty.
26    The  order  constitutes  a  judgment  and  may  be  filed and
27    execution had thereon in the same manner as any judgment from
28    any court of record.
29        (d)  Violations of this Act include all of the following:
30             (1)  Dispensing contact lenses in Illinois without a
31        valid prescription, as required by this Act.
32             (2)  Dispensing contact lenses  in  Illinois  beyond
33        the  stated expiration date of the prescription or 1 year
 
                            -26-     LRB093 06601 AMC 06731 b
 1        from the issuance date, if no expiration date is stated.
 2             (3)  Filling  a  prescription  in  excess   of   the
 3        quantities  or  frequency  stated  or  in quantities that
 4        would  last   beyond   the   expiration   date   of   the
 5        prescription.
 6             (4)  Filling  a  prescription  other than exactly as
 7        written  without  express   written   approval   of   the
 8        prescribing eye care professional.
 9             (5)  Filling  a  prescription without the full name,
10        address, phone number, license number, and  signature  of
11        the  prescribing  eye  care  professional on the original
12        copy or noted in the electronically transmitted record.
13             (6)  Failure to maintain  records  of  prescriptions
14        filled,   including   original   copies   or  records  of
15        electronic transmissions, for a period of 6 years.
16             (7)  Recommending wearing or replacement  schedules,
17        solutions, or care regimens other than those noted on the
18        prescription or recommended by the manufacturer.
19             (8)  Rendering  to  the  patient  any  optometric or
20        medical advice, including recommending that  the  patient
21        see a new or alternate eye care professional.
22             (9)  Advertising  to  the  citizens  of Illinois the
23        availability of goods  or  services  that,  if  provided,
24        would  violate  this  Act, the Optometric Practice Act of
25        1987, or the Medical Practice Act of 1987.
26             (10)  Dispensing plano, tinted, or decorative lenses
27        without a prescription.
28             (11)  Any other offense that,  if  not  excepted  in
29        this Act, would be a violation of the Illinois Optometric
30        Practice  Act  of 1987, the Medical Practice Act of 1987,
31        or the Pharmacy Practice Act of 1987.
32    (Source: P.A. 91-421, eff. 1-1-00.)

33        (225 ILCS 83/31 new)
 
                            -27-     LRB093 06601 AMC 06731 b
 1        Sec.  31.  Indemnification;  liability.  The  mail  order
 2    ophthalmic provider shall be responsible  for  obtaining  any
 3    and all required releases of confidentiality from the patient
 4    in  connection  with  the   provision of contact lenses under
 5    this  Act.  The  optometrist   or   physician   issuing   the
 6    prescription  shall  be released from any liability resulting
 7    from any such violation of confidentiality.

 8        (225 ILCS 83/35)
 9        Sec. 35.  Deposit  of  civil  penalties;  appropriations.
10    All of the civil penalties  collected under this Act shall be
11    deposited   in  the  Optometric  Licensing  and  Disciplinary
12    General Professions Dedicated Fund.  All moneys in  the  Fund
13    shall  be  used  by  the Department, as appropriated, for the
14    ordinary and contingent expenses of the Department.
15    (Source: P.A. 91-421, eff. 1-1-00.)

16        Section  915.  The  Pharmacy  Practice  Act  of  1987  is
17    amended by changing Section 30 as follows:

18        (225 ILCS 85/30) (from Ch. 111, par. 4150)
19        (Section scheduled to be repealed on January 1, 2008)
20        (Text of Section before amendment by P.A. 92-880)
21        Sec.  30.  (a) In accordance with Section 11 of this Act,
22    the Department may refuse to issue, restore, or renew, or may
23    revoke, suspend, place on probation, reprimand or take  other
24    disciplinary  action  as  the Department may deem proper with
25    regard to any license or certificate of registration for  any
26    one or combination of the following causes:
27             1.  Material  misstatement in furnishing information
28        to the Department.
29             2.  Violations of this Act, or the rules promulgated
30        hereunder.
31             3.  Making any misrepresentation for the purpose  of
 
                            -28-     LRB093 06601 AMC 06731 b
 1        obtaining licenses.
 2             4.  A   pattern   of   conduct   which  demonstrates
 3        incompetence or unfitness to practice.
 4             5.  Aiding or assisting another person in  violating
 5        any provision of this Act or rules.
 6             6.  Failing, within 60 days, to respond to a written
 7        request made by the Department for information.
 8             7.  Engaging    in    dishonorable,   unethical   or
 9        unprofessional conduct of a character likely to  deceive,
10        defraud or harm the public.
11             8.  Discipline   by  another  U.S.  jurisdiction  or
12        foreign nation, if at least one of the  grounds  for  the
13        discipline  is  the  same  or substantially equivalent to
14        those set forth herein.
15             9.  Directly or indirectly giving  to  or  receiving
16        from   any  person,  firm,  corporation,  partnership  or
17        association any fee, commission, rebate or other form  of
18        compensation  for  any professional services not actually
19        or personally rendered.
20             10.  A finding by the Department that the  licensee,
21        after  having  his  license placed on probationary status
22        has violated the terms of probation.
23             11.  Selling or engaging in the sale of drug samples
24        provided at no cost by drug manufacturers.
25             12.  Physical illness, including but not limited to,
26        deterioration through the aging process, or loss of motor
27        skill which results in  the  inability  to  practice  the
28        profession with reasonable judgment, skill or safety.
29             13.  A  finding  that  licensure or registration has
30        been applied for or obtained by fraudulent means.
31             14.  The applicant, or licensee has  been  convicted
32        in  state or federal court of any crime which is a felony
33        or any misdemeanor related to the practice  of  pharmacy,
34        of which an essential element is dishonesty.
 
                            -29-     LRB093 06601 AMC 06731 b
 1             15.  Habitual  or  excessive  use  or  addiction  to
 2        alcohol,  narcotics,  stimulants  or  any  other chemical
 3        agent or drug which results in the inability to  practice
 4        with reasonable judgment, skill or safety.
 5             16.  Willfully  making  or  filing  false records or
 6        reports in the practice of pharmacy, including,  but  not
 7        limited  to  false  records to support claims against the
 8        medical assistance program of the  Department  of  Public
 9        Aid under the Public Aid Code.
10             17.  Gross and willful overcharging for professional
11        services including filing false statements for collection
12        of  fees  for which services are not rendered, including,
13        but  not  limited  to,  filing   false   statements   for
14        collection  of  monies for services not rendered from the
15        medical assistance program of the  Department  of  Public
16        Aid under the Public Aid Code.
17             18.  Repetitiously   dispensing  prescription  drugs
18        without receiving a written or oral prescription.
19             19.  Upon a finding of a substantial discrepancy  in
20        a  Department  audit  of  a  prescription drug, including
21        controlled substances, as that term is  defined  in  this
22        Act or in the Illinois Controlled Substances Act.
23             20.  Physical illness which results in the inability
24        to practice with reasonable judgment, skill or safety, or
25        mental  incompetency  as declared by a court of competent
26        jurisdiction.
27             21.  Violation   of   the   Health    Care    Worker
28        Self-Referral Act.
29        (b)  The  Department  may  refuse to issue or may suspend
30    the license or registration of any person who fails to file a
31    return, or to pay the tax, penalty or  interest  shown  in  a
32    filed  return, or to pay any final assessment of tax, penalty
33    or interest, as required by any tax Act administered  by  the
34    Illinois  Department  of  Revenue,  until  such  time  as the
 
                            -30-     LRB093 06601 AMC 06731 b
 1    requirements of any such tax Act are satisfied.
 2        (c)  The  Department  shall   revoke   the   license   or
 3    certificate  of  registration  issued under the provisions of
 4    this Act or any prior Act of this State of any person who has
 5    been convicted a second time of committing any  felony  under
 6    the  Illinois  Controlled  Substances  Act,  or  who has been
 7    convicted a second time of committing a Class 1 felony  under
 8    Sections  8A-3  and  8A-6 of the Illinois Public Aid Code.  A
 9    person whose license or certificate  of  registration  issued
10    under  the  provisions  of  this Act or any prior Act of this
11    State  is  revoked  under  this  subsection  (c)   shall   be
12    prohibited  from engaging in the practice of pharmacy in this
13    State.
14        (d)  In any order issued in resolution of a  disciplinary
15    proceeding,  the  Board may request any licensee found guilty
16    of a charge involving a significant violation  of  subsection
17    (a)  of  Section  5,  or  paragraph  19  of  Section 30 as it
18    pertains to controlled substances, to pay to the Department a
19    fine not to exceed $2,000.
20        (e)  In any order issued in resolution of a  disciplinary
21    proceeding, in addition to any other disciplinary action, the
22    Board  may request any licensee found guilty of noncompliance
23    with the continuing education requirements of Section  12  to
24    pay the Department a fine not to exceed $1000.
25        (f)  The  Department shall issue quarterly to the Board a
26    status of all complaints related to the  profession  received
27    by the Department.
28    (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)

29        (Text of Section after amendment by P.A. 92-880)
30        Sec.  30.  (a) In accordance with Section 11 of this Act,
31    the Department may refuse to issue, restore, or renew, or may
32    revoke, suspend, place on probation, reprimand or take  other
33    disciplinary  action  as  the Department may deem proper with
34    regard to any license or certificate of registration for  any
 
                            -31-     LRB093 06601 AMC 06731 b
 1    one or combination of the following causes:
 2             1.  Material  misstatement in furnishing information
 3        to the Department.
 4             2.  Violations of this Act, or the rules promulgated
 5        hereunder.
 6             3.  Making any misrepresentation for the purpose  of
 7        obtaining licenses.
 8             4.  A   pattern   of   conduct   which  demonstrates
 9        incompetence or unfitness to practice.
10             5.  Aiding or assisting another person in  violating
11        any provision of this Act or rules.
12             6.  Failing, within 60 days, to respond to a written
13        request made by the Department for information.
14             7.  Engaging    in    dishonorable,   unethical   or
15        unprofessional conduct of a character likely to  deceive,
16        defraud or harm the public.
17             8.  Discipline   by  another  U.S.  jurisdiction  or
18        foreign nation, if at least one of the  grounds  for  the
19        discipline  is  the  same  or substantially equivalent to
20        those set forth herein.
21             9.  Directly or indirectly giving  to  or  receiving
22        from   any  person,  firm,  corporation,  partnership  or
23        association any fee, commission, rebate or other form  of
24        compensation  for  any professional services not actually
25        or personally rendered.
26             10.  A finding by the Department that the  licensee,
27        after  having  his  license placed on probationary status
28        has violated the terms of probation.
29             11.  Selling or engaging in the sale of drug samples
30        provided at no cost by drug manufacturers.
31             12.  Physical illness, including but not limited to,
32        deterioration through the aging process, or loss of motor
33        skill which results in  the  inability  to  practice  the
34        profession with reasonable judgment, skill or safety.
 
                            -32-     LRB093 06601 AMC 06731 b
 1             13.  A  finding  that  licensure or registration has
 2        been applied for or obtained by fraudulent means.
 3             14.  The applicant, or licensee has  been  convicted
 4        in  state or federal court of any crime which is a felony
 5        or any misdemeanor related to the practice  of  pharmacy,
 6        of which an essential element is dishonesty.
 7             15.  Habitual  or  excessive  use  or  addiction  to
 8        alcohol,  narcotics,  stimulants  or  any  other chemical
 9        agent or drug which results in the inability to  practice
10        with reasonable judgment, skill or safety.
11             16.  Willfully  making  or  filing  false records or
12        reports in the practice of pharmacy, including,  but  not
13        limited  to  false  records to support claims against the
14        medical assistance program of the  Department  of  Public
15        Aid under the Public Aid Code.
16             17.  Gross and willful overcharging for professional
17        services including filing false statements for collection
18        of  fees  for which services are not rendered, including,
19        but  not  limited  to,  filing   false   statements   for
20        collection  of  monies for services not rendered from the
21        medical assistance program of the  Department  of  Public
22        Aid under the Public Aid Code.
23             18.  Repetitiously   dispensing  prescription  drugs
24        without receiving a written or oral prescription.
25             19.  Upon a finding of a substantial discrepancy  in
26        a  Department  audit  of  a  prescription drug, including
27        controlled substances, as that term is  defined  in  this
28        Act or in the Illinois Controlled Substances Act.
29             20.  Physical illness which results in the inability
30        to practice with reasonable judgment, skill or safety, or
31        mental  incompetency  as declared by a court of competent
32        jurisdiction.
33             21.  Violation   of   the   Health    Care    Worker
34        Self-Referral Act.
 
                            -33-     LRB093 06601 AMC 06731 b
 1             22.  Failing to sell or dispense any drug, medicine,
 2        or  poison in good faith.  "Good faith", for the purposes
 3        of this Section,  has  the  meaning  ascribed  to  it  in
 4        subsection  (u) of Section 102 of the Illinois Controlled
 5        Substances Act.
 6             23.  Interfering with the professional judgment of a
 7        pharmacist by any registrant under this Act,  or  his  or
 8        her agents or employees.
 9             24.  Violation of the Contact Lens Act.
10        (b)  The  Department  may  refuse to issue or may suspend
11    the license or registration of any person who fails to file a
12    return, or to pay the tax, penalty or  interest  shown  in  a
13    filed  return, or to pay any final assessment of tax, penalty
14    or interest, as required by any tax Act administered  by  the
15    Illinois  Department  of  Revenue,  until  such  time  as the
16    requirements of any such tax Act are satisfied.
17        (c)  The  Department  shall   revoke   the   license   or
18    certificate  of  registration  issued under the provisions of
19    this Act or any prior Act of this State of any person who has
20    been convicted a second time of committing any  felony  under
21    the  Illinois  Controlled  Substances  Act,  or  who has been
22    convicted a second time of committing a Class 1 felony  under
23    Sections  8A-3  and  8A-6 of the Illinois Public Aid Code.  A
24    person whose license or certificate  of  registration  issued
25    under  the  provisions  of  this Act or any prior Act of this
26    State  is  revoked  under  this  subsection  (c)   shall   be
27    prohibited  from engaging in the practice of pharmacy in this
28    State.
29        (d)  In any order issued in resolution of a  disciplinary
30    proceeding,  the  Board may request any licensee found guilty
31    of a charge involving a significant violation  of  subsection
32    (a)  of  Section  5,  or  paragraph  19  of  Section 30 as it
33    pertains to controlled substances, to pay to the Department a
34    fine not to exceed $2,000.
 
                            -34-     LRB093 06601 AMC 06731 b
 1        (e)  In any order issued in resolution of a  disciplinary
 2    proceeding, in addition to any other disciplinary action, the
 3    Board  may request any licensee found guilty of noncompliance
 4    with the continuing education requirements of Section  12  to
 5    pay the Department a fine not to exceed $1000.
 6        (f)  The  Department shall issue quarterly to the Board a
 7    status of all complaints related to the  profession  received
 8    by the Department.
 9    (Source: P.A. 92-880, eff. 1-1-04.)