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

91_SB0367enr

 
SB367 Enrolled                                 LRB9104254LDmb

 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
31        determinants of visual function.
 
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 1             (3)  Employs  any means for the adaptation of lenses
 2        or prisms.
 3             (4)  Prescribes corrective  lenses,  prisms,  vision
 4        therapy,  visual rehabilitation, or ocular pharmaceutical
 5        agents.
 6             (5)  Prescribes  or  manages  contact   lenses   for
 7        refractive, cosmetic, or therapeutic purposes.
 8             (6)  Evaluates  the  need  for,  or  prescribes, low
 9        vision aids to partially sighted persons.
10             (7)  Diagnoses or  treats  any  ocular  abnormality,
11        disease,  or  visual or muscular anomaly of the human eye
12        or visual system.
13             (8)  Practices, or offers or attempts  to  practice,
14        optometry as defined in this Act either on his or her own
15        behalf   or   as  an  employee  of  a  person,  firm,  or
16        corporation, whether under the supervision of his or  her
17        employer or not.
18        Nothing  in  this  Section  shall  be  interpreted (i) to
19    prevent a person from functioning as an assistant  under  the
20    direct  supervision  of  a  person  licensed  by the State of
21    Illinois to practice optometry or  medicine  in  all  of  its
22    branches,  or (ii) to prohibit visual screening programs that
23    are conducted without a fee (other than voluntary donations),
24     by charitable organizations acting  in  the  public  welfare
25    under  the  supervision  of  a  committee composed of persons
26    licensed by the State of Illinois to  practice  optometry  or
27    persons  licensed  by  the  State  of  Illinois  to  practice
28    medicine in all of its branches.
29        (b)  When, in the course of providing optometric services
30    to  any  person, an optometrist licensed under this Act finds
31    an indication of a disease or condition of the eye  which  in
32    his   or  her  professional  judgment  requires  professional
33    service outside the scope of practice as defined in this Act,
34    he or she shall refer such person to a physician licensed  to
 
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 1    practice   medicine   in   all  of  its  branches,  or  other
 2    appropriate health care practitioner.  Nothing  in  this  Act
 3    shall   preclude   an   optometrist  who  is  therapeutically
 4    certified from rendering appropriate  nonsurgical  ophthalmic
 5    emergency care.
 6        (c)  Nothing  contained  in this Section shall prohibit a
 7    person from manufacturing ophthalmic lenses and prisms or the
 8    fabrication of contact lenses according to the specifications
 9    prescribed by an  optometrist  or  a  physician  licensed  to
10    practice   medicine   in  all  of  its  branches,  but  shall
11    specifically prohibit the  sale  or  delivery  of  ophthalmic
12    lenses,  prisms,  and  contact  lenses without a prescription
13    signed by an optometrist or a physician licensed to  practice
14    medicine in all of its branches.
15        (d)  Nothing  in this Act shall restrict the filling of a
16    prescription by a  pharmacist  licensed  under  the  Pharmacy
17    Practice Act of 1987.
18    (Source:  P.A.  89-140,  eff.  1-1-96;  89-702,  eff. 7-1-97;
19    90-655, eff. 7-30-98.)

20        (225 ILCS 80/6) (from Ch. 111, par. 3906)
21        Sec. 6.  Display of license  or  certificate;  change  of
22    address;  record  of  examinations  and  prescriptions. Every
23    holder of a license  or  certificate  under  this  Act  shall
24    display such license or certificate on a conspicuous place in
25    the office or offices wherein such holder practices optometry
26    and  every  holder  shall,  whenever  requested, exhibit such
27    license  or  certificate  to  any   representative   of   the
28    Department, and shall notify the Department of the address or
29    addresses  and  of  every  change  thereof, where such holder
30    shall practice optometry.
31        Every  licensed  optometrist  shall  keep  a  record   of
32    examinations  made  and  prescriptions  issued,  which record
33    shall include the names of  persons  examined  and  for  whom
 
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 1    prescriptions  were  prepared,  and  shall  be  signed by the
 2    licensed optometrist and retained by him  in  the  office  in
 3    which  such  professional service was rendered.  Such records
 4    shall be preserved by the optometrist for a period designated
 5    by the Department of three years from the date on which  such
 6    professional  service  was  rendered.  A copy of such records
 7    shall be  provided,  upon  written  request,  to  the  person
 8    examined, or his or her designee.
 9    (Source: P.A. 89-702, eff. 7-1-97.)

10        (225 ILCS 80/11) (from Ch. 111, par. 3911)
11        Sec.  11.   Optometric  Licensing and Disciplinary Board.
12    The Director shall appoint an Illinois  Optometric  Licensing
13    and Disciplinary Board as follows: Seven persons who shall be
14    appointed  by  and shall serve in an advisory capacity to the
15    Director.  Five members must be lawfully and actively engaged
16    in the practice of optometry in this State, one member  shall
17    be  a  licensed optometrist who is a member, with a full-time
18    faculty appointment with the Illinois College  of  Optometry,
19    and  one member must be a member of the public who shall be a
20    voting non-voting member and is not licensed under this  Act,
21    or  a  similar  Act  of  another  jurisdiction,  or  have any
22    connection with the profession.  Neither  the  public  member
23    nor  the  faculty member shall participate in the preparation
24    or  administration  of  the  examination  of  applicants  for
25    licensure or certification.
26        Members shall serve 4-year 4 year terms and  until  their
27    successors  are  appointed and qualified.  No member shall be
28    appointed reappointed to the Board for more than 2 successive
29    4-year terms, not counting any partial terms  when  appointed
30    to  fill  the unexpired portion of a vacated term. for a term
31    which would cause his or her continuous service on the  Board
32    to  be  longer than 8 successive years.  Appointments to fill
33    vacancies shall be  made  in  the  same  manner  as  original
 
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 1    appointments,  for the unexpired portion of the vacated term.
 2    Initial terms shall begin upon the  effective  date  of  this
 3    Act.   Board  members in office on that date may be appointed
 4    to specific terms as indicated herein.
 5        The Board  shall  annually  elect  a  chairperson  and  a
 6    vice-chairperson, both of whom shall be licensed optometrists
 7    .
 8        The  membership  of  the  Board should reasonably reflect
 9    representation from the geographic areas in this State.
10        A majority of the Board members currently appointed shall
11    constitute a quorum.  A vacancy  in  the  membership  of  the
12    Board  shall  not impair the right of a quorum to perform all
13    of the duties of the Board.
14        The Director may terminate the appointment of any  member
15    for cause.
16        The   Director   shall  give  due  consideration  to  all
17    recommendations of the Board,  and  in  the  event  that  the
18    Director  disagrees  with  or  takes  action  contrary to the
19    recommendation of the Board, he  or  she  shall  provide  the
20    Board with a written and specific explanation of this action.
21    None  of  the  functions,  powers or duties of the Department
22    with  respect  to  policy  matters  relating  to   licensure,
23    discipline,  and  examination,  including the promulgation of
24    such rules as may be necessary for the administration of this
25    Act, shall be exercised by the Department except upon  review
26    of the Board.
27        Without,  in  any  manner,  limiting  the  power  of  the
28    Department to conduct investigations, the Board may recommend
29    to  the  Director  that  one or more licensed optometrists be
30    selected  by  the  Director  to  conduct  or  assist  in  any
31    investigation  pursuant   to   this   Act.    Such   licensed
32    optometrist  may  receive  remuneration  as determined by the
33    Director.
34    (Source: P.A. 89-702, eff. 7-1-97.)
 
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 1        (225 ILCS 80/12) (from Ch. 111, par. 3912)
 2        Sec. 12.  Applications  for  licenses  and  certificates.
 3    Applications  for original licenses and certificates shall be
 4    made to the Department in writing on forms prescribed by  the
 5    Department  and  shall  be  accompanied  by the required fee,
 6    which shall not be refundable.  Any  such  application  shall
 7    require such information as in the judgment of the Department
 8    will  enable  the Department to pass on the qualifications of
 9    the applicant for a license or certificate.
10        An applicant for initial original licensure in   Illinois
11    shall  apply  for,  and  be  qualified  to  receive and shall
12    maintain certification  to  use  diagnostic  and  therapeutic
13    ocular pharmaceuticals.
14        Applicants  have  3 years from the date of application to
15    complete the application process.  If  the  process  has  not
16    been  completed  within  3  years,  the  application shall be
17    denied, the application fees  shall  be  forfeited,  and  the
18    applicant must reapply and meet the requirements in effect at
19    the time of reapplication.
20    (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)

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

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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