State of Illinois
91st General Assembly
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[ Engrossed ][ House Amendment 001 ]

91_HB0799

 
                                              LRB9100043LDsbB

 1        AN  ACT  to amend the Illinois Optometric Practice Act of
 2    1987 by changing Sections 3, 6, 11, 12, and 15.1.


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

 5        Section  5.  The Illinois Optometric Practice Act of 1987
 6    is amended by changing Sections 3, 6, 11,  12,  and  15.1  as
 7    follows:

 8        (225 ILCS 80/3) (from Ch. 111, par. 3903)
 9        Sec.   3.  Practice   of  optometry  defined;  referrals;
10    manufacture of lenses and prisms.
11        (a)  The  practice  of  optometry  is  defined   as   the
12    employment   of  any  and  all  means  for  the  examination,
13    diagnosis, and treatment of  the  human  visual  system,  the
14    human  eye,  and  its  appendages without the use of surgery,
15    including  but  not  limited  to:   the  appropriate  use  of
16    diagnostic  ocular  pharmaceutical  agents  and   therapeutic
17    ocular    pharmaceutical   agents;   refraction   and   other
18    determinants  of  visual  function;  prescribing   corrective
19    lenses  or  prisms; prescribing, dispensing, or management of
20    contact lenses; vision therapy; visual rehabilitation; or any
21    other procedures taught in schools and colleges of  optometry
22    approved  by  the Department, and not specifically restricted
23    in this Act, subject to demonstrated competency and  training
24    as  required by the Board, and pursuant to rule or regulation
25    approved by the Board and adopted by the Department.
26        A person shall  be  deemed  to  be  practicing  optometry
27    within the meaning of this Act who:
28             (1)  In  any  way  presents himself or herself to be
29        qualified to practice optometry.
30             (2)  Performs  refractions  or  employs  any   other
 
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 1        determinants of visual function.
 2             (3)  Employs  any means for the adaptation of lenses
 3        or prisms.
 4             (4)  Prescribes corrective  lenses,  prisms,  vision
 5        therapy,  visual rehabilitation, or ocular pharmaceutical
 6        agents.
 7             (5)  Prescribes  or  manages  contact   lenses   for
 8        refractive, cosmetic, or therapeutic purposes.
 9             (6)  Evaluates  the  need  for,  or  prescribes, low
10        vision aids to partially sighted persons.
11             (7)  Diagnoses or  treats  any  ocular  abnormality,
12        disease,  or  visual or muscular anomaly of the human eye
13        or visual system.
14             (8)  Practices, or offers or attempts  to  practice,
15        optometry as defined in this Act either on his or her own
16        behalf   or   as  an  employee  of  a  person,  firm,  or
17        corporation, whether under the supervision of his or  her
18        employer or not.
19        Nothing  in  this  Section  shall  be  interpreted (i) to
20    prevent a person from functioning as an assistant  under  the
21    direct  supervision  of  a  person  licensed  by the State of
22    Illinois to practice optometry or  medicine  in  all  of  its
23    branches,  or (ii) to prohibit visual screening programs that
24    are provided without fee, that  are  conducted  at  locations
25    other than where an optometrist practices optometry, and that
26    are conducted by and under the direct control of a charitable
27    organization organizations acting in the public welfare under
28    the  supervision  of a committee composed of persons licensed
29    by the State of Illinois to  practice  optometry  or  persons
30    licensed by the State of Illinois to practice medicine in all
31    of its branches.
32        (b)  When, in the course of providing optometric services
33    to  any  person, an optometrist licensed under this Act finds
34    an indication of a disease or condition of the eye  which  in
 
                            -3-               LRB9100043LDsbB
 1    his   or  her  professional  judgment  requires  professional
 2    service outside the scope of practice as defined in this Act,
 3    he or she shall refer such person to a physician licensed  to
 4    practice   medicine   in   all  of  its  branches,  or  other
 5    appropriate health care practitioner.  Nothing  in  this  Act
 6    shall   preclude   an   optometrist  who  is  therapeutically
 7    certified from rendering appropriate  nonsurgical  ophthalmic
 8    emergency care.
 9        (c)  Nothing  contained  in this Section shall prohibit a
10    person from manufacturing ophthalmic lenses and prisms or the
11    fabrication of contact lenses according to the specifications
12    prescribed by an  optometrist  or  a  physician  licensed  to
13    practice   medicine   in  all  of  its  branches,  but  shall
14    specifically prohibit the  sale  or  delivery  of  ophthalmic
15    lenses,  prisms,  and  contact  lenses without a prescription
16    signed by an optometrist or a physician licensed to  practice
17    medicine in all of its branches.
18        (d)  Nothing  in this Act shall restrict the filling of a
19    prescription by a  pharmacist  licensed  under  the  Pharmacy
20    Practice Act of 1987.
21    (Source:  P.A.  89-140,  eff.  1-1-96;  89-702,  eff. 7-1-97;
22    90-655, eff. 7-30-98.)

23        (225 ILCS 80/6) (from Ch. 111, par. 3906)
24        Sec. 6.  Display of license  or  certificate;  change  of
25    address;  record  of  examinations  and  prescriptions. Every
26    holder of a license  or  certificate  under  this  Act  shall
27    display such license or certificate on a conspicuous place in
28    the office or offices wherein such holder practices optometry
29    and  every  holder  shall,  whenever  requested, exhibit such
30    license  or  certificate  to  any   representative   of   the
31    Department, and shall notify the Department of the address or
32    addresses  and  of  every  change  thereof, where such holder
33    shall practice optometry.
 
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 1        Every  licensed  optometrist  shall  keep  a  record   of
 2    examinations  made  and  prescriptions  issued,  which record
 3    shall include the names of  persons  examined  and  for  whom
 4    prescriptions  were  prepared,  and  shall  be  signed by the
 5    licensed optometrist and retained by him  in  the  office  in
 6    which  such  professional service was rendered.  Such records
 7    shall be preserved by the optometrist for a period designated
 8    by the Department of three years from the date on which  such
 9    professional  service  was  rendered.  A copy of such records
10    shall be  provided,  upon  written  request,  to  the  person
11    examined, or his or her designee.
12    (Source: P.A. 89-702, eff. 7-1-97.)

13        (225 ILCS 80/11) (from Ch. 111, par. 3911)
14        Sec.  11.   Optometric  Licensing and Disciplinary Board.
15    The Director shall appoint an Illinois  Optometric  Licensing
16    and Disciplinary Board as follows: Seven persons who shall be
17    appointed  by  and shall serve in an advisory capacity to the
18    Director.  Five members must be lawfully and actively engaged
19    in the practice of optometry in this State, one member  shall
20    be  a  licensed optometrist who is a member, with a full-time
21    faculty appointment with the Illinois College  of  Optometry,
22    and  one member must be a member of the public who shall be a
23    voting non-voting member and is not licensed under this  Act,
24    or  a  similar  Act  of  another  jurisdiction,  or  have any
25    connection with the profession.  Neither  the  public  member
26    nor  the  faculty member shall participate in the preparation
27    or  administration  of  the  examination  of  applicants  for
28    licensure or certification.
29        Members shall serve 4-year 4 year terms and  until  their
30    successors  are  appointed and qualified.  No member shall be
31    appointed reappointed to the Board for more than 2 successive
32    4-year terms, not counting any partial terms  when  appointed
33    to  fill  the unexpired portion of a vacated term. for a term
 
                            -5-               LRB9100043LDsbB
 1    which would cause his or her continuous service on the  Board
 2    to  be  longer than 8 successive years.  Appointments to fill
 3    vacancies shall be  made  in  the  same  manner  as  original
 4    appointments,  for the unexpired portion of the vacated term.
 5    Initial terms shall begin upon the  effective  date  of  this
 6    Act.   Board  members in office on that date may be appointed
 7    to specific terms as indicated herein.
 8        The Board  shall  annually  elect  a  chairperson  and  a
 9    vice-chairperson, both of whom shall be licensed optometrists
10    .
11        The  membership  of  the  Board should reasonably reflect
12    representation from the geographic areas in this State.
13        A majority of the Board members currently appointed shall
14    constitute a quorum.  A vacancy  in  the  membership  of  the
15    Board  shall  not impair the right of a quorum to perform all
16    of the duties of the Board.
17        The Director may terminate the appointment of any  member
18    for cause.
19        The   Director   shall  give  due  consideration  to  all
20    recommendations of the Board,  and  in  the  event  that  the
21    Director  disagrees  with  or  takes  action  contrary to the
22    recommendation of the Board, he  or  she  shall  provide  the
23    Board with a written and specific explanation of this action.
24    None  of  the  functions,  powers or duties of the Department
25    with  respect  to  policy  matters  relating  to   licensure,
26    discipline,  and  examination,  including the promulgation of
27    such rules as may be necessary for the administration of this
28    Act, shall be exercised by the Department except upon  review
29    of the Board.
30        Without,  in  any  manner,  limiting  the  power  of  the
31    Department to conduct investigations, the Board may recommend
32    to  the  Director  that  one or more licensed optometrists be
33    selected  by  the  Director  to  conduct  or  assist  in  any
34    investigation  pursuant   to   this   Act.    Such   licensed
 
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 1    optometrist  may  receive  remuneration  as determined by the
 2    Director.
 3    (Source: P.A. 89-702, eff. 7-1-97.)

 4        (225 ILCS 80/12) (from Ch. 111, par. 3912)
 5        Sec. 12.  Applications  for  licenses  and  certificates.
 6    Applications  for original licenses and certificates shall be
 7    made to the Department in writing on forms prescribed by  the
 8    Department  and  shall  be  accompanied  by the required fee,
 9    which shall not be refundable.  Any  such  application  shall
10    require such information as in the judgment of the Department
11    will  enable  the Department to pass on the qualifications of
12    the applicant for a license or certificate.
13        An applicant for original licensure for the first time in
14    Illinois shall apply for, and be  qualified  to  receive  and
15    shall   maintain   certification   to   use   diagnostic  and
16    therapeutic ocular pharmaceuticals.
17        Applicants have 3 years from the date of  application  to
18    complete  the  application  process.   If the process has not
19    been completed within  3  years,  the  application  shall  be
20    denied,  the  application  fees  shall  be forfeited, and the
21    applicant must reapply and meet the requirements in effect at
22    the time of reapplication.
23    (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)

24        (225 ILCS 80/15.1)
25        Sec. 15.1.  Diagnostic and therapeutic certification.
26        (a)  Any  licensed   optometrist   may   apply   to   the
27    Department,  in  the form the Department may prescribe, for a
28    certificate to use diagnostic topical  ocular  pharmaceutical
29    agents and the Department shall certify the applicant if:
30             (1)  the applicant has received appropriate training
31        and  certification from a properly accredited institution
32        of higher learning for the certificate; and
 
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 1             (2)  the applicant  has  demonstrated  training  and
 2        competence    to    use    diagnostic    topical   ocular
 3        pharmaceutical agents as required by the  Board  pursuant
 4        to  rule  or regulation approved by the Board and adopted
 5        by the Department.
 6        A certificate to use topical ocular pharmaceutical agents
 7    for diagnostic purposes previously issued by  the  Department
 8    that  is  current  and  valid  on  the effective date of this
 9    amendatory Act of 1995 is valid until its expiration date and
10    entitles the holder of  the  certificate  to  use  diagnostic
11    topical ocular pharmaceutical agents as provided in this Act.
12        (b)  Any   licensed   optometrist   may   apply   to  the
13    Department, in the form the Department may prescribe,  for  a
14    certificate  to  use therapeutic ocular pharmaceutical agents
15    and the Department shall certify the applicant if:
16             (1)  the applicant has received a certificate to use
17        diagnostic topical  ocular  pharmaceutical  agents  under
18        subsection (a);
19             (2)  the applicant has received appropriate training
20        and  certification from a properly accredited institution
21        of higher learning for the certificate; and
22             (3)  the applicant  has  demonstrated  training  and
23        competence   to  use  therapeutic  ocular  pharmaceutical
24        agents as required by  the  Board  pursuant  to  rule  or
25        regulation  approved  by  the  Board  and  adopted by the
26        Department.
27        All applicants for license renewal after January 1,  2006
28    must  apply for and maintain certification to use therapeutic
29    ocular pharmaceutical agents.
30        (c)  For purposes of the Act, "diagnostic topical  ocular
31    pharmaceutical   agents"   means   anesthetics,   mydriatics,
32    cycloplegics,  and  miotics  used  for diagnostic purposes as
33    defined by the Board pursuant to rule approved by  the  Board
34    and adopted by the Department.
 
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 1        (d)  For  the  purposes  of  the Act, "therapeutic ocular
 2    pharmaceutical agents" means  the  following  when  used  for
 3    diagnostic  or  therapeutic  purposes: topical anti-infective
 4    agents, topical anti-allergy  agents,  topical  anti-glaucoma
 5    agents,  topical anti-inflammatory agents, topical anesthetic
 6    agents, over the counter agents, non-narcotic oral  analgesic
 7    agents, and mydriatic reversing agents.
 8        (e)  A   licensed   optometrist  who  is  therapeutically
 9    certified may remove  superficial  foreign  bodies  from  the
10    human eye and adnexa.
11        (e-5)  A  licensed  optometrist  who  is  therapeutically
12    certified may give orders for patient care related to the use
13    of  therapeutic  ocular  pharmaceutical  agents  to  a  nurse
14    licensed to practice under Illinois law.
15        (f)  An   optometrist's  certificate  to  use  diagnostic
16    topical ocular pharmaceutical  agents  shall  be  revoked  or
17    suspended  by the Department upon recommendation of the Board
18    based  on  the  misuse  of  any  diagnostic  topical   ocular
19    pharmaceutical agent.
20        (g)  An  optometrist's  certificate  to  use  therapeutic
21    ocular pharmaceutical agents shall be revoked or suspended by
22    the  Department upon recommendation of the Board based on the
23    misuse of any therapeutic ocular pharmaceutical agent.
24        (h)  An  optometrist's  license  shall  be   revoked   or
25    suspended  by the Department upon recommendation of the Board
26    based upon either of the following causes:
27             (1)  grave or repeated misuse of any  diagnostic  or
28        therapeutic ocular pharmaceutical agent; and
29             (2)  the use of any agent or procedure in the course
30        of  optometric  practice  by  an optometrist not properly
31        certified under this Section.
32        (i)  The provisions of Sections 26.2, 26.3, 26.5,  26.10,
33    26.11,  26.14,  and  26.15  of  this  Act  shall apply to all
34    disciplinary proceedings brought under this Section.
 
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 1        (j)  The Director may temporarily suspend  a  certificate
 2    to   use  diagnostic  topical  ocular  pharmaceuticals  or  a
 3    certificate to use therapeutic ocular  pharmaceuticals  or  a
 4    license   to   practice   optometry,   without   a   hearing,
 5    simultaneously  with  the  institution  of  proceedings for a
 6    hearing based upon a violation of subsection (f), (g), or (h)
 7    of this Section, if the Director finds that evidence  in  his
 8    or  her  possession  indicates  that  the  continued  use  of
 9    diagnostic  topical  ocular  pharmaceuticals,  or therapeutic
10    ocular pharmaceuticals, or continued  practice  of  optometry
11    would  constitute  an immediate danger to the public.  In the
12    event that the Director temporarily suspends a certificate to
13    use diagnostic topical  ocular  pharmaceuticals,  therapeutic
14    ocular  pharmaceuticals,  or  a license to practice optometry
15    without a hearing, a hearing by the Board shall be  commenced
16    within  15  days after suspension has occurred, and concluded
17    without appreciable delay.
18        (k)  The  Director  of  the  Department  of  Professional
19    Regulation shall notify the Director  of  the  Department  of
20    Public  Health  as to the categories of ocular pharmaceutical
21    agents permitted for use by an optometrist.  The Director  of
22    the  Department  of  Public Health shall in turn notify every
23    licensed pharmacist in the State of the categories of  ocular
24    pharmaceutical  agents that can be utilized and prescribed by
25    an optometrist.
26        (l)  Nothing in this Act prohibits the use of  diagnostic
27    topical  ocular  pharmaceutical  agents or therapeutic ocular
28    pharmaceutical  agents  in  the  practice  of  optometry   by
29    optometrists certified for such use under this Section.
30    (Source:  P.A.  89-140,  eff.  1-1-96;  89-702,  eff. 7-1-97;
31    90-73, eff. 7-8-97.)

32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.

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