(225 ILCS 80/3)
(from Ch. 111, par. 3903)
(Section scheduled to be repealed on January 1, 2027)
Practice of optometry defined; referrals; manufacture of lenses
(a) The practice of optometry is defined as the employment of any
and all means for the examination, diagnosis, and treatment of the human
visual system, the human eye, and its appendages without the use of
surgery, including, but not limited to: the appropriate
use of ocular
pharmaceutical agents; refraction and other determinants of visual function;
prescribing corrective lenses or prisms; prescribing, dispensing, or management
of contact lenses; vision therapy; visual rehabilitation; or any other
procedures taught in schools and colleges of optometry approved by the
Department, and not specifically restricted in this Act, subject to
demonstrated competency and training as required by the Board, and pursuant
to rule or regulation approved by the Board and adopted by
A person shall be deemed to be practicing optometry within the meaning of
this Act who:
(1) In any way presents himself or herself to be
qualified to practice optometry.
(2) Performs refractions or employs any other
determinants of visual function.
(3) Employs any means for the adaptation of lenses or
(4) Prescribes corrective lenses, prisms, vision
therapy, visual rehabilitation, or ocular pharmaceutical agents.
(5) Prescribes or manages contact lenses for
refractive, cosmetic, or therapeutic purposes.
(6) Evaluates the need for, or prescribes, low vision
aids to partially sighted persons.
(7) Diagnoses or treats any ocular abnormality,
disease, or visual or muscular anomaly of the human eye or visual system.
(8) Practices, or offers or attempts to practice,
optometry as defined in this Act either on his or her own behalf or as an employee of a person, firm, or corporation, whether under the supervision of his or her employer or not.
Nothing in this Section shall be interpreted (A) to prevent a person from
functioning as an assistant under the direct supervision of a person licensed
by the State of Illinois to practice optometry or medicine in all of its
branches or (B) to prohibit visual screening programs that
are conducted without a fee (other than voluntary donations), by
acting in the public welfare under
the supervision of a committee composed of persons licensed by the State of
Illinois to practice optometry or persons licensed by the State of Illinois
to practice medicine in all of its branches.
(b) When, in the course of providing optometric services to any person,
an optometrist licensed under this Act finds an indication of a disease or
condition of the eye which in his or her professional judgment requires
professional service outside the scope of practice as defined in this Act,
he or she shall refer such person to a physician licensed to practice medicine
in all of its branches, or other appropriate health care practitioner.
Nothing in this Act shall preclude an optometrist from rendering appropriate nonsurgical
(c) Nothing contained in this Section shall prohibit a person from
manufacturing ophthalmic lenses and prisms or the fabrication
of contact lenses according to the specifications prescribed by an optometrist
or a physician licensed to practice medicine in all of its branches, but shall
specifically prohibit (1) the sale or delivery of ophthalmic
lenses, prisms, and contact lenses without a prescription signed by an
optometrist or a physician licensed to practice medicine in all of its
branches and (2) the dispensing of contact lenses by anyone other than a licensed optometrist, licensed pharmacist, or a physician licensed to practice medicine in all of its branches. For the purposes of this Act, "contact lenses" include, but are not limited to, contact lenses with prescriptive power and decorative and plano power contact lenses. Nothing in this Section shall prohibit the sale of contact lenses by an optical firm or corporation primarily engaged in manufacturing or dealing in eyeglasses or contact lenses with an affiliated optometrist who practices and is licensed or has an ancillary registration for the location where the sale occurs.
(d) Nothing in this Act shall restrict the filling of a prescription by a
pharmacist licensed under the Pharmacy Practice Act.
(e) Nothing in this Act shall be construed to restrict the dispensing and sale by an optometrist of ocular devices, such as contact lenses, that contain and deliver ocular pharmaceutical agents permitted for use or prescription under this Act.
(f) On and after January 1, 2018, nothing in this Act shall prohibit an optometrist who is
certified by a school of optometry approved by the Department from performing advanced optometric procedures, pursuant to educational
requirements established by rule, that are
consistent with the recommendations of the Collaborative Optometric/Ophthalmological Task Force created in Section 15.3 of this Act and that are taught
(1) at an accredited, private 4-year school of optometry that is located in a city in Illinois with a population in excess of
1,500,000, or (2) at a school of optometry with a curriculum that is substantially similar to the
curriculum taught at the school of optometry described in item (1) of this subsection.
Advanced optometric procedures do not include the use of lasers.
(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)
(225 ILCS 80/24)
(from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2027)
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. Any fine imposed shall be payable within 60 days after the effective date of the order imposing the fine.
(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 unless the licensee is employed by and practicing at a location that is licensed as a hospital or accredited as a school or university.
(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 shall refuse to issue or shall 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 or Department, 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 Department. 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 or Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Board or Department finds an individual unable to practice because of the reasons
set forth in this Section, the Board or Department shall require such individual to submit to
care, counseling, or treatment by physicians or clinical psychologists approved
or designated by the Department, 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. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
(225 ILCS 80/24.2)
(Section scheduled to be repealed on January 1, 2027)
Prohibition against fee splitting.
(a) A licensee under this Act may not directly or indirectly divide, share or split any professional fee or other form of compensation for professional services with anyone in exchange for a referral or otherwise, other than as provided in this Section 24.2.
(b) Nothing contained in this Section abrogates the right of 2 or more licensed health care workers as defined in the Health Care Worker Self-referral Act to each receive adequate compensation for concurrently rendering services to a patient and to divide the fee for such service, whether or not the worker is employed, provided that the patient has full knowledge of the division and the division is made in proportion to the actual services personally performed and responsibility assumed by each licensee consistent with his or her license, except as prohibited by law.
(c) Nothing contained in this Section prohibits a licensee under this Act from practicing optometry through or within any form of legal entity authorized to conduct business in this State or from pooling, sharing, dividing, or apportioning the professional fees and other revenues in accordance with the agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
(2) the entity is organized under the Professional
Services Corporation Act or the Professional Association Act;
(3) the entity is (i) a licensed hospital or hospital
affiliate or (ii) a licensed ambulatory surgical treatment center owned in full or in part by Illinois-licensed physicians or optometrists; or
(4) the entity is a combination or joint venture of
the entities authorized under this subsection (c).
(d) Nothing contained in this Section prohibits a licensee under this Act from paying a fair market value fee to any person or entity whose purpose is to perform billing, administrative preparation, or collection services based upon a percentage of professional service fees billed or collected, a flat fee, or any other arrangement that directly or indirectly divides professional fees, for the administrative preparation of the licensee's claims or the collection of the licensee's charges for professional services, provided that:
(i) the licensee or the licensee's practice under
subsection (c) at all times controls the amount of fees charged and collected; and
(ii) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited directly into an account in the name of and under the sole control of the licensee or the licensee's practice or deposited into a "Trust Account" by a licensed collection agency in accordance with the requirements of Section 8(c) of the Illinois Collection Agency Act.
(e) Nothing contained in this Section prohibits the granting of a security interest in the accounts receivable or fees of a licensee under this Act or the licensee's practice for bona fide advances made to the licensee or licensee's practice provided the licensee retains control and responsibility for the collection of the accounts receivable and fees.
(f) Excluding payments that may be made to the owners of or licensees in the licensee's practice under subsection (c), a licensee under this Act may not divide, share or split a professional service fee with, or otherwise directly or indirectly pay a percentage of the licensee's professional service fees, revenues or profits to anyone for: (i) the marketing or management of the licensee's practice, (ii) including the licensee or the licensee's practice on any preferred provider list, (iii) allowing the licensee to participate in any network of health care providers, (iv) negotiating fees, charges or terms of service or payment on behalf of the licensee, or (v) including the licensee in a program whereby patients or beneficiaries are provided an incentive to use the services of the licensee.
(g) Nothing contained in this Section prohibits the payment of rent or other remunerations paid to an individual, partnership, or corporation by a licensee for the lease, rental, or use of space, owned or controlled by the individual, partnership, corporation, or association.
(h) Nothing contained in this Section prohibits the payment, at no more than fair market value, to an individual, partnership, or corporation by a licensee for the use of staff, administrative services, franchise agreements, marketing required by franchise agreements, or equipment owned or controlled by the individual, partnership, or corporation, or the receipt thereof by a licensee.
(Source: P.A. 96-608, eff. 8-24-09; 97-563, eff. 8-25-11