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|[ Introduced ]||[ House Amendment 001 ]||[ House Amendment 002 ]|
91_HB3324eng HB3324 Engrossed 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 (i) 12 individual who is not licensed to practice medicine in all of 13 its branches under the Medical Practice Act of 1987 or (ii) 14 entity, either of which influences or attempts to influence 15 patient care diagnostic or treatment decisions of a licensed 16 optometrist under the individual's or entity's control, 17 shall, in addition to any other penalty provided by law, pay 18 a civil penalty to the Department in an amount not to exceed 19 $5,000 for each offense as determined by the Department. The 20 civil penalty shall be assessed by the Department after a 21 hearing is held in accordance with the provisions set forth 22 in this Act regarding the provision of a hearing for the 23 discipline of a licensee. 24 (b) The Department has the authority and power to 25 investigate any and all unlicensed activity. 26 (c) The civil penalty shall be paid within 60 days after 27 the effective date of the order imposing the civil penalty. 28 The order shall constitute a judgment and may be filed and 29 execution had thereon in the same manner as any judgment from 30 any court of record. 31 (d) Nothing in this Section shall be construed to HB3324 Engrossed -2- LRB9110531ACtm 1 prohibit insurers and managed care plans from operating 2 pursuant to the applicable provisions of the Illinois 3 Insurance Code under which the entities are licensed. 4 (Source: P.A. 89-474, eff. 6-18-96.) 5 (225 ILCS 80/24) (from Ch. 111, par. 3924) 6 Sec. 24. Grounds for disciplinary action. 7 (a) The Department may refuse to issue or to renew, or 8 may revoke, suspend, place on probation, reprimand or take 9 other disciplinary action as the Department may deem proper, 10 including fines not to exceed $5,000 for each violation, with 11 regard to any license or certificate for any one or 12 combination of the following causes: 13 (1) Violations of this Act, or of the rules 14 promulgated hereunder. 15 (2) Conviction of any crime under the laws of any 16 U.S. jurisdiction thereof that is a felony or that is a 17 misdemeanor of which an essential element is dishonesty, 18 or of any crime that is directly related to the practice 19 of the profession. 20 (3) Making any misrepresentation for the purpose of 21 obtaining a license or certificate. 22 (4) Professional incompetence or gross negligence 23 in the practice of optometry. 24 (5) Gross malpractice, prima facie evidence of 25 which may be a conviction or judgment of malpractice in 26 any court of competent jurisdiction. 27 (6) Aiding or assisting another person in violating 28 any provision of this Act or rules. 29 (7) Failing, within 60 days, to provide information 30 in response to a written request made by the Department 31 that has been sent by certified or registered mail to the 32 licensee's last known address. 33 (8) Engaging in dishonorable, unethical, or HB3324 Engrossed -3- LRB9110531ACtm 1 unprofessional conduct of a character likely to deceive, 2 defraud, or harm the public. 3 (9) Habitual or excessive use or addiction to 4 alcohol, narcotics, stimulants or any other chemical 5 agent or drug that results in the inability to practice 6 with reasonable judgment, skill, or safety. 7 (10) Discipline by another U.S. jurisdiction or 8 foreign nation, if at least one of the grounds for the 9 discipline is the same or substantially equivalent to 10 those set forth herein. 11 (11) Directly or indirectly giving to or receiving 12 from any person, firm, corporation, partnership, or 13 association any fee, commission, rebate, or other form of 14 compensation for any professional services not actually 15 or personally rendered. This shall not be deemed to 16 include (i) rent or other remunerations paid to an 17 individual, partnership, or corporation by an optometrist 18 for the lease, rental, or use of space, owned or 19 controlled, by the individual, partnership, corporation 20 or association,
and(ii) the division of fees between an 21 optometrist and related professional service providers 22 with whom the optometrist practices in a professional 23 corporation organized under Section 3.6 of the 24 Professional Service Corporation Act, and (iii) the 25 division of fees, in a group practice setting under a 26 contractual or employment relationship, between one or 27 more optometrists or one or more optometrists and a 28 licensed health care facility such as a hospital. 29 (12) A finding by the Department that the licensee, 30 after having his or her license placed on probationary 31 status has violated the terms of probation. 32 (13) Abandonment of a patient. 33 (14) Willfully making or filing false records or 34 reports in his or her practice, including but not limited HB3324 Engrossed -4- LRB9110531ACtm 1 to false records filed with State agencies or 2 departments. 3 (15) Willfully failing to report an instance of 4 suspected child abuse or neglect as required by the 5 Abused and Neglected Child Reporting Act. 6 (16) Physical illness, including but not limited 7 to, deterioration through the aging process, or loss of 8 motor skill, mental illness, or disability that results 9 in the inability to practice the profession with 10 reasonable judgment, skill, or safety. 11 (17) Solicitation of professional services other 12 than permitted advertising. 13 (18) Failure to provide a patient with a copy of 14 his or her record or prescription upon the written 15 request of the patient. 16 (19) Conviction by any court of competent 17 jurisdiction, either within or without this State, of any 18 violation of any law governing the practice of optometry, 19 conviction in this or another State of any crime that is 20 a felony under the laws of this State or conviction of a 21 felony in a federal court, if the Department determines, 22 after investigation, that such person has not been 23 sufficiently rehabilitated to warrant the public trust. 24 (20) A finding that licensure has been applied for 25 or obtained by fraudulent means. 26 (21) Continued practice by a person knowingly 27 having an infectious or contagious disease. 28 (22) Being named as a perpetrator in an indicated 29 report by the Department of Children and Family Services 30 under the Abused and Neglected Child Reporting Act, and 31 upon proof by clear and convincing evidence that the 32 licensee has caused a child to be an abused child or a 33 neglected child as defined in the Abused and Neglected 34 Child Reporting Act. HB3324 Engrossed -5- LRB9110531ACtm 1 (23) Practicing or attempting to practice under a 2 name other than the full name as shown on his or her 3 license. 4 (24) Immoral conduct in the commission of any act, 5 such as sexual abuse, sexual misconduct or sexual 6 exploitation, related to the licensee's practice. 7 (25) Maintaining a professional relationship with 8 any person, firm, or corporation when the optometrist 9 knows, or should know, that such person, firm, or 10 corporation is violating this Act. 11 (26) Promotion of the sale of drugs, devices, 12 appliances or goods provided for a client or patient in 13 such manner as to exploit the patient or client for 14 financial gain of the licensee. 15 (27) Using the title "Doctor" or its abbreviation 16 without further qualifying that title or abbreviation 17 with the word "optometry" or "optometrist". 18 (28) Use by a licensed optometrist of the word 19 "infirmary", "hospital", "school", "university", in 20 English or any other language, in connection with the 21 place where optometry may be practiced or demonstrated. 22 (29) Continuance of an optometrist in the employ of 23 any person, firm or corporation, or as an assistant to 24 any optometrist or optometrists, directly or indirectly, 25 after his or her employer or superior has been found 26 guilty of violating or has been enjoined from violating 27 the laws of the State of Illinois relating to the 28 practice of optometry, when the employer or superior 29 persists in that violation. 30 (30) The performance of optometric service in 31 conjunction with a scheme or plan with another person, 32 firm or corporation known to be advertising in a manner 33 contrary to this Act or otherwise violating the laws of 34 the State of Illinois concerning the practice of HB3324 Engrossed -6- LRB9110531ACtm 1 optometry. 2 (31) Failure to provide satisfactory proof of 3 having participated in approved continuing education 4 programs as determined by the Board and approved by the 5 Director. Exceptions for extreme hardships are to be 6 defined by the rules of the Department. 7 (32) Willfully making or filing false records or 8 reports in the practice of optometry, including, but not 9 limited to false records to support claims against the 10 medical assistance program of the Department of Public 11 Aid under the Illinois Public Aid Code. 12 (33) Gross and willful overcharging for 13 professional services including filing false statements 14 for collection of fees for which services are not 15 rendered, including, but not limited to filing false 16 statements for collection of monies for services not 17 rendered from the medical assistance program of the 18 Department of Public Aid under the Illinois Public Aid 19 Code. 20 (34) In the absence of good reasons to the 21 contrary, failure to perform a minimum eye examination as 22 required by the rules of the Department. 23 (35) Violation of the Health Care Worker 24 Self-Referral Act. 25 The Department may refuse to issue or may suspend the 26 license or certificate of any person who fails to file a 27 return, or to pay the tax, penalty or interest shown in a 28 filed return, or to pay any final assessment of the tax, 29 penalty or interest, as required by any tax Act administered 30 by the Illinois Department of Revenue, until such time as the 31 requirements of any such tax Act are satisfied. 32 (a-5) In enforcing this Section, the Board upon a 33 showing of a possible violation, may compel any individual 34 licensed to practice under this Act, or who has applied for HB3324 Engrossed -7- LRB9110531ACtm 1 licensure or certification pursuant to this Act, to submit to 2 a mental or physical examination, or both, as required by and 3 at the expense of the Department. The examining physicians 4 or clinical psychologists shall be those specifically 5 designated by the Board. The Board or the Department may 6 order the examining physician or clinical psychologist to 7 present testimony concerning this mental or physical 8 examination of the licensee or applicant. No information 9 shall be excluded by reason of any common law or statutory 10 privilege relating to communications between the licensee or 11 applicant and the examining physician or clinical 12 psychologist. Eye examinations may be provided by a licensed 13 and certified therapeutic optometrist. The individual to be 14 examined may have, at his or her own expense, another 15 physician of his or her choice present during all aspects of 16 the examination. Failure of any individual to submit to a 17 mental or physical examination, when directed, shall be 18 grounds for suspension of a license until such time as the 19 individual submits to the examination if the Board finds, 20 after notice and hearing, that the refusal to submit to the 21 examination was without reasonable cause. 22 If the Board finds an individual unable to practice 23 because of the reasons set forth in this Section, the Board 24 shall require such individual to submit to care, counseling, 25 or treatment by physicians or clinical psychologists approved 26 or designated by the Board, as a condition, term, or 27 restriction for continued, reinstated, or renewed licensure 28 to practice, or in lieu of care, counseling, or treatment, 29 the Board may recommend to the Department to file a complaint 30 to immediately suspend, revoke, or otherwise discipline the 31 license of the individual, or the Board may recommend to the 32 Department to file a complaint to suspend, revoke, or 33 otherwise discipline the license of the individual. Any 34 individual whose license was granted pursuant to this Act, or HB3324 Engrossed -8- LRB9110531ACtm 1 continued, reinstated, renewed, disciplined, or supervised, 2 subject to such conditions, terms, or restrictions, who shall 3 fail to comply with such conditions, terms, or restrictions, 4 shall be referred to the Director for a determination as to 5 whether the individual shall have his or her license 6 suspended immediately, pending a hearing by the Board. 7 (b) The determination by a circuit court that a licensee 8 is subject to involuntary admission or judicial admission as 9 provided in the Mental Health and Developmental Disabilities 10 Code operates as an automatic suspension. The suspension 11 will end only upon a finding by a court that the patient is 12 no longer subject to involuntary admission or judicial 13 admission and issues an order so finding and discharging the 14 patient; and upon the recommendation of the Board to the 15 Director that the licensee be allowed to resume his or her 16 practice. 17 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 18 90-655, eff. 7-30-98.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.
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