(225 ILCS 80/24)
(from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2017)
Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not
to exceed $10,000 for each violation, with regard to any license for any one or combination of the causes set forth in subsection (a-3) of this Section. All fines collected under this Section shall be deposited in the Optometric Licensing and Disciplinary Board Fund.
(a-3) Grounds for disciplinary action include the following:
(1) Violations of this Act, or of the rules
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that is a felony or that is a misdemeanor of which an essential element is dishonesty, or any crime that is directly related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any court of competent jurisdiction.
(6) Aiding or assisting another person in violating
any provision of this Act or rules.
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department that has been sent by certified or registered mail to the licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.
(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety.
(17) Solicitation of professional services other than
(18) Failure to provide a patient with a copy of his
or her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any violation of any law governing the practice of optometry, conviction in this or another State of any crime that is a felony under the laws of this State or conviction of a felony in a federal court, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having
an infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or a neglected child as defined in the Abused and Neglected Child Reporting Act.
(23) Practicing or attempting to practice under a
name other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual exploitation, related to the licensee's practice.
(25) Maintaining a professional relationship with any
person, firm, or corporation when the optometrist knows, or should know, that such person, firm, or corporation is violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in such manner as to exploit the patient or client for financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in English or any other language, in connection with the place where optometry may be practiced or demonstrated.
(29) Continuance of an optometrist in the employ of
any person, firm or corporation, or as an assistant to any optometrist or optometrists, directly or indirectly, after his or her employer or superior has been found guilty of violating or has been enjoined from violating the laws of the State of Illinois relating to the practice of optometry, when the employer or superior persists in that violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person, firm or corporation known to be advertising in a manner contrary to this Act or otherwise violating the laws of the State of Illinois concerning the practice of optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as determined by the Board and approved by the Secretary. Exceptions for extreme hardships are to be defined by the rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection of fees for which services are not rendered, including, but not limited to filing false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required by the rules of the Department.
(35) Violation of the Health Care Worker
The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of the tax, penalty or interest, as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(a-5) In enforcing this Section, the Board upon a showing of a possible
violation, may compel any individual licensed to practice under this Act, or
who has applied for licensure or certification pursuant to this Act,
to submit to a
mental or physical
examination, or both, as required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those specifically
designated by the Board. The Board or the Department may order the examining
physician or clinical psychologist to present testimony concerning this mental
or physical examination of the licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the examining physician or
clinical psychologist. Eye examinations may be provided by a licensed
optometrist. The individual to be examined may have,
at his or her own expense, another physician of his or her choice present
during all aspects of the examination. Failure of any individual to submit to
a mental or physical examination, when directed, shall be grounds for
suspension of a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Board finds an individual unable to practice because of the reasons
set forth in this Section, the Board shall require such individual to submit to
care, counseling, or treatment by physicians or clinical psychologists approved
or designated by the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice, or in lieu of care, counseling,
or treatment, the Board may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the
license of the individual, or the Board may recommend to the Department to file
a complaint to suspend, revoke, or otherwise discipline the license of the
individual. Any individual whose license was granted pursuant to this Act, or
continued, reinstated, renewed, disciplined, or supervised, subject to such
conditions, terms, or restrictions, who shall fail to comply with such
conditions, terms, or restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Board.
(b) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Board to the Secretary
the licensee be allowed to resume his or her practice.
(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10; 97-1028, eff. 1-1-13.)