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91_HB3324
LRB9110531ACtm
1 AN ACT to amend the Illinois Optometric Practice Act of
2 1987.
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 4.5 and 24 as follows:
7 (225 ILCS 80/4.5)
8 Sec. 4.5. Unlicensed practice; violation; civil penalty.
9 (a) Any person who practices, offers to practice,
10 attempts to practice, or holds oneself out to practice
11 optometry without being licensed under this Act, or any
12 individual or entity that influences or attempts to influence
13 patient care decisions of a licensed optometrist under the
14 individual's or entity's control, shall, in addition to any
15 other penalty provided by law, pay a civil penalty to the
16 Department in an amount not to exceed $5,000 for each offense
17 as determined by the Department. The civil penalty shall be
18 assessed by the Department after a hearing is held in
19 accordance with the provisions set forth in this Act
20 regarding the provision of a hearing for the discipline of a
21 licensee.
22 (b) The Department has the authority and power to
23 investigate any and all unlicensed activity.
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 shall constitute 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 (Source: P.A. 89-474, eff. 6-18-96.)
30 (225 ILCS 80/24) (from Ch. 111, par. 3924)
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1 Sec. 24. Grounds for disciplinary action.
2 (a) The Department may refuse to issue or to renew, or
3 may revoke, suspend, place on probation, reprimand or take
4 other disciplinary action as the Department may deem proper,
5 including fines not to exceed $5,000 for each violation, with
6 regard to any license or certificate for any one or
7 combination of the following causes:
8 (1) Violations of this Act, or of the rules
9 promulgated hereunder.
10 (2) Conviction of any crime under the laws of any
11 U.S. jurisdiction thereof that is a felony or that is a
12 misdemeanor of which an essential element is dishonesty,
13 or of any crime that is directly related to the practice
14 of the profession.
15 (3) Making any misrepresentation for the purpose of
16 obtaining a license or certificate.
17 (4) Professional incompetence or gross negligence
18 in the practice of optometry.
19 (5) Gross malpractice, prima facie evidence of
20 which may be a conviction or judgment of malpractice in
21 any court of competent jurisdiction.
22 (6) Aiding or assisting another person in violating
23 any provision of this Act or rules.
24 (7) Failing, within 60 days, to provide information
25 in response to a written request made by the Department
26 that has been sent by certified or registered mail to the
27 licensee's last known address.
28 (8) Engaging in dishonorable, unethical, or
29 unprofessional conduct of a character likely to deceive,
30 defraud, or harm the public.
31 (9) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants or any other chemical
33 agent or drug that results in the inability to practice
34 with reasonable judgment, skill, or safety.
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1 (10) Discipline by another U.S. jurisdiction or
2 foreign nation, if at least one of the grounds for the
3 discipline is the same or substantially equivalent to
4 those set forth herein.
5 (11) Directly or indirectly giving to or receiving
6 from any person, firm, corporation, partnership, or
7 association any fee, commission, rebate, or other form of
8 compensation for any professional services not actually
9 or personally rendered. This shall not be deemed to
10 include (i) rent or other remunerations paid to an
11 individual, partnership, or corporation by an optometrist
12 for the lease, rental, or use of space, owned or
13 controlled, by the individual, partnership, corporation
14 or association, and (ii) the division of fees between an
15 optometrist and related professional service providers
16 with whom the optometrist practices in a professional
17 corporation organized under Section 3.6 of the
18 Professional Service Corporation Act, and (iii) the
19 division of fees between 2 optometrists, an optometrist
20 and a physician licensed to practice medicine in all of
21 its branches, or an optometrist and a licensed health
22 care facility in a contractual or employment
23 relationship.
24 (12) A finding by the Department that the licensee,
25 after having his or her license placed on probationary
26 status has violated the terms of probation.
27 (13) Abandonment of a patient.
28 (14) Willfully making or filing false records or
29 reports in his or her practice, including but not limited
30 to false records filed with State agencies or
31 departments.
32 (15) Willfully failing to report an instance of
33 suspected child abuse or neglect as required by the
34 Abused and Neglected Child Reporting Act.
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1 (16) Physical illness, including but not limited
2 to, deterioration through the aging process, or loss of
3 motor skill, mental illness, or disability that results
4 in the inability to practice the profession with
5 reasonable judgment, skill, or safety.
6 (17) Solicitation of professional services other
7 than permitted advertising.
8 (18) Failure to provide a patient with a copy of
9 his or her record or prescription upon the written
10 request of the patient.
11 (19) Conviction by any court of competent
12 jurisdiction, either within or without this State, of any
13 violation of any law governing the practice of optometry,
14 conviction in this or another State of any crime that is
15 a felony under the laws of this State or conviction of a
16 felony in a federal court, if the Department determines,
17 after investigation, that such person has not been
18 sufficiently rehabilitated to warrant the public trust.
19 (20) A finding that licensure has been applied for
20 or obtained by fraudulent means.
21 (21) Continued practice by a person knowingly
22 having an infectious or contagious disease.
23 (22) Being named as a perpetrator in an indicated
24 report by the Department of Children and Family Services
25 under the Abused and Neglected Child Reporting Act, and
26 upon proof by clear and convincing evidence that the
27 licensee has caused a child to be an abused child or a
28 neglected child as defined in the Abused and Neglected
29 Child Reporting Act.
30 (23) Practicing or attempting to practice under a
31 name other than the full name as shown on his or her
32 license.
33 (24) Immoral conduct in the commission of any act,
34 such as sexual abuse, sexual misconduct or sexual
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1 exploitation, related to the licensee's practice.
2 (25) Maintaining a professional relationship with
3 any person, firm, or corporation when the optometrist
4 knows, or should know, that such person, firm, or
5 corporation is violating this Act.
6 (26) Promotion of the sale of drugs, devices,
7 appliances or goods provided for a client or patient in
8 such manner as to exploit the patient or client for
9 financial gain of the licensee.
10 (27) Using the title "Doctor" or its abbreviation
11 without further qualifying that title or abbreviation
12 with the word "optometry" or "optometrist".
13 (28) Use by a licensed optometrist of the word
14 "infirmary", "hospital", "school", "university", in
15 English or any other language, in connection with the
16 place where optometry may be practiced or demonstrated.
17 (29) Continuance of an optometrist in the employ of
18 any person, firm or corporation, or as an assistant to
19 any optometrist or optometrists, directly or indirectly,
20 after his or her employer or superior has been found
21 guilty of violating or has been enjoined from violating
22 the laws of the State of Illinois relating to the
23 practice of optometry, when the employer or superior
24 persists in that violation.
25 (30) The performance of optometric service in
26 conjunction with a scheme or plan with another person,
27 firm or corporation known to be advertising in a manner
28 contrary to this Act or otherwise violating the laws of
29 the State of Illinois concerning the practice of
30 optometry.
31 (31) Failure to provide satisfactory proof of
32 having participated in approved continuing education
33 programs as determined by the Board and approved by the
34 Director. Exceptions for extreme hardships are to be
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1 defined by the rules of the Department.
2 (32) Willfully making or filing false records or
3 reports in the practice of optometry, including, but not
4 limited to false records to support claims against the
5 medical assistance program of the Department of Public
6 Aid under the Illinois Public Aid Code.
7 (33) Gross and willful overcharging for
8 professional services including filing false statements
9 for collection of fees for which services are not
10 rendered, including, but not limited to filing false
11 statements for collection of monies for services not
12 rendered from the medical assistance program of the
13 Department of Public Aid under the Illinois Public Aid
14 Code.
15 (34) In the absence of good reasons to the
16 contrary, failure to perform a minimum eye examination as
17 required by the rules of the Department.
18 (35) Violation of the Health Care Worker
19 Self-Referral Act.
20 The Department may refuse to issue or may suspend the
21 license or certificate of any person who fails to file a
22 return, or to pay the tax, penalty or interest shown in a
23 filed return, or to pay any final assessment of the tax,
24 penalty or interest, as required by any tax Act administered
25 by the Illinois Department of Revenue, until such time as the
26 requirements of any such tax Act are satisfied.
27 (a-5) In enforcing this Section, the Board upon a
28 showing of a possible violation, may compel any individual
29 licensed to practice under this Act, or who has applied for
30 licensure or certification pursuant to this Act, to submit to
31 a mental or physical examination, or both, as required by and
32 at the expense of the Department. The examining physicians
33 or clinical psychologists shall be those specifically
34 designated by the Board. The Board or the Department may
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1 order the examining physician or clinical psychologist to
2 present testimony concerning this mental or physical
3 examination of the licensee or applicant. No information
4 shall be excluded by reason of any common law or statutory
5 privilege relating to communications between the licensee or
6 applicant and the examining physician or clinical
7 psychologist. Eye examinations may be provided by a licensed
8 and certified therapeutic optometrist. The individual to be
9 examined may have, at his or her own expense, another
10 physician of his or her choice present during all aspects of
11 the examination. Failure of any individual to submit to a
12 mental or physical examination, when directed, shall be
13 grounds for suspension of a license until such time as the
14 individual submits to the examination if the Board finds,
15 after notice and hearing, that the refusal to submit to the
16 examination was without reasonable cause.
17 If the Board finds an individual unable to practice
18 because of the reasons set forth in this Section, the Board
19 shall require such individual to submit to care, counseling,
20 or treatment by physicians or clinical psychologists approved
21 or designated by the Board, as a condition, term, or
22 restriction for continued, reinstated, or renewed licensure
23 to practice, or in lieu of care, counseling, or treatment,
24 the Board may recommend to the Department to file a complaint
25 to immediately suspend, revoke, or otherwise discipline the
26 license of the individual, or the Board may recommend to the
27 Department to file a complaint to suspend, revoke, or
28 otherwise discipline the license of the individual. Any
29 individual whose license was granted pursuant to this Act, or
30 continued, reinstated, renewed, disciplined, or supervised,
31 subject to such conditions, terms, or restrictions, who shall
32 fail to comply with such conditions, terms, or restrictions,
33 shall be referred to the Director for a determination as to
34 whether the individual shall have his or her license
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1 suspended immediately, pending a hearing by the Board.
2 (b) The determination by a circuit court that a licensee
3 is subject to involuntary admission or judicial admission as
4 provided in the Mental Health and Developmental Disabilities
5 Code operates as an automatic suspension. The suspension
6 will end only upon a finding by a court that the patient is
7 no longer subject to involuntary admission or judicial
8 admission and issues an order so finding and discharging the
9 patient; and upon the recommendation of the Board to the
10 Director that the licensee be allowed to resume his or her
11 practice.
12 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
13 90-655, eff. 7-30-98.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.