State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_SB0368

 
                                               LRB9104241ACtm

 1        AN ACT concerning contact lenses.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Contact Lens Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Contact lens prescription" means a written order bearing
 8    the  original  signature  of  a  duly licensed optometrist or
 9    physician or an oral or electronic order issued  directly  by
10    an  optometrist  or  physician to an ophthalmic provider that
11    authorizes the dispensing of contact lenses to a patient.
12        "Department"  means  the   Department   of   Professional
13    Regulation.
14        "Mail-order  ophthalmic  provider"  means  an entity that
15    dispenses contact lenses through  the  United  States  Postal
16    Service or other common carrier to Illinois residents.
17        "Ophthalmic  provider" means an optometrist, a physician,
18    a pharmacist, or a  mail-order  ophthalmic  provider  who  is
19    responsible for the dispensing of contact lenses to a patient
20    in accordance with a contact lens prescription.
21        "Optometrist"  means  an  individual licensed to practice
22    optometry under the Illinois Optometric Practice Act of 1987.
23        "Pharmacist"  means  an  individual  licensed  under  the
24    Pharmacy Practice Act of 1987.
25        "Physician" means  an  individual  licensed  to  practice
26    medicine  in  all  of its branches under the Medical Practice
27    Act of 1987.

28        Section 10.   Dispensing  contact  lenses;  prescription;
29    requirements.
30        (a)   Only  an   ophthalmic provider may dispense contact
 
                            -2-                LRB9104241ACtm
 1    lenses in this State or to a patient in this State,  and  the
 2    contact  lenses  may  be  dispensed only in accordance with a
 3    contact lens prescription.
 4        (b)  The ophthalmic provider must maintain a copy  of   a
 5    contact lens prescription for 3 years.
 6        (c)    A  contact  lens  prescription  must  contain  the
 7    following:
 8             (1)  the name of the patient;
 9             (2)  the date written;
10             (3)  an expiration date of not more  than  one  year
11        from  the  date  written,  which shall not be more than 2
12        years past the date on which the lens specifications were
13        determined;
14             (4)  the number  of  contact  lenses  permitted  per
15        prescription;
16             (5)  the number of refills permitted;
17             (6)    instructions  for  use  consistent  with  the
18        recommendations  of  the   contact   lens   manufacturer,
19        clinical   practice   guidelines,  and  the  professional
20        judgment of the optometrist or physician;
21             (7)  the name, office address, telephone number, and
22        license number of the optometrist  or  physician  issuing
23        the prescription;
24             (8)    the  date  on  which  the  patient  was  last
25        examined;
26             (9)   the  ophthalmic   information   necessary   to
27        accurately fabricate the lenses;
28             (10)   the  lens manufacturer and the lens material;
29        and
30             (11)   a  statement  of  whether  substitutions  are
31        permitted.

32        Section 15.   Rules.   The  Department  shall  promulgate
33    rules,  as  may  be necessary, for the administration of this
 
                            -3-                LRB9104241ACtm
 1    Act,   including   without   limitation    rules    requiring
 2    registration  and  certification  of  mail  order  ophthalmic
 3    providers  under  Section  20.  Notice of proposed rulemaking
 4    shall be transmitted to the Illinois Optometric Licensing and
 5    Disciplinary Board,  the  Illinois  State  Medical  Licensing
 6    Board,  and  the  State Board of Pharmacy, and the Department
 7    shall  review  the  response  from   the   Boards   and   any
 8    recommendations they make.

 9        Section   20.  Mail-order   opthalmic  providers;  rules;
10    nonresident opthalmic provider registration.
11        (a)  The   Department   shall   establish    rules    and
12    regulations,  consistent  with  the  provisions  of this Act,
13    governing mail-order ophthalmic providers that sell or  offer
14    for sale contact lenses in this State.
15        (b)  The  Department  shall  require  and  provide for an
16    annual registration for all mail order  ophthalmic  providers
17    located  outside  of  this State that dispense contact lenses
18    for Illinois residents and mail,  ship,  or  deliver  contact
19    lenses  into  this State.  A mail-order ophthalmic provider's
20    registration shall be granted  by  the  Department  upon  the
21    disclosure  and  certification  by  a  mail-order  ophthalmic
22    provider of all of the following:
23             (1)  That it is licensed or registered to distribute
24        contact  lenses  in  the  state  in  which the dispensing
25        facility is located and from which the contact lenses are
26        dispensed, if required.
27             (2)  The  location,  names,  and   titles   of   all
28        principal  corporate  officers  and  all  persons who are
29        responsible for dispensing contact lenses to residents of
30        this State.
31             (3)  That it complies with all lawful directions and
32        request for information from the  appropriate  agency  of
33        each  state in which it is licensed or registered, except
 
                            -4-                LRB9104241ACtm
 1        that it shall respond directly to all communications from
 2        the Department concerning emergency circumstances arising
 3        from the dispensing of contact  lenses  to  residents  of
 4        this State.
 5             (4)  That it maintains its records of contact lenses
 6        dispensed to residences of this State so that the records
 7        are readily retrievable.
 8             (5)  That  it  cooperates  with  the  Department  in
 9        providing  information  to  the appropriate agency of the
10        state in which it is licensed  or  registered  concerning
11        matters  related  to  the dispensing of contact lenses to
12        residents of this State.
13             (6)  That it conducts  business  in  a  manner  that
14        conforms with Section 10 of this Act.
15             (7)  That  it provides a toll-free telephone service
16        for responding to patient questions and complaints during
17        regular hours of operation, but in no event less than   6
18        days  per  week  and  40  hours  per week.  The toll-free
19        number shall be  included  in  literature  provided  with
20        mailed  contact  lenses.   All  questions relating to eye
21        care for the lenses prescribed shall be referred back  to
22        the contact lens prescriber.
23             (8)  That   it   provides   the   following   or   a
24        substantially  equivalent  written  notification  to  the
25        patient  whenever  contact lenses are supplied:  WARNING:
26        IF YOU ARE HAVING ANY OF THE  FOLLOWING  SYMPTOMS  REMOVE
27        YOUR   LENSES  IMMEDIATELY  AND  CONSULT  YOUR  EYE  CARE
28        PRACTITIONER   BEFORE   WEARING   YOUR   LENSES    AGAIN:
29        UNEXPLAINED  EYE  DISCOMFORT, WATERING, VISION CHANGE, OR
30        REDNESS.
31             (9)  That it discloses in  any  price  advertisement
32        any  required  membership  fees  and enrollment fees, and
33        indicates  that  shipping  costs  may  apply  unless  the
34        advertisement specifically and clearly states otherwise.
 
                            -5-                LRB9104241ACtm
 1        (c)  The Department shall provide a copy of this Act with
 2    each application for registration.

 3        Section 25.  Fees.  The Department shall provide by  rule
 4    for a schedule of fees for the administration and enforcement
 5    of this Act. The fees shall be nonrefundable.
 6        All fees collected under this Act shall be deposited into
 7    the  General  Professions  Dedicated  Fund  and,  subject  to
 8    appropriation,  shall  be  used  by  the  Department  for the
 9    ordinary and contingent expenses of  the  Department  in  the
10    administration of this Act.

11        Section 30.  Violation; civil penalty.
12        (a)  Any  person  who  dispenses,  offers to dispense, or
13    attempts to dispense contact lenses in violation of this  Act
14    shall,  in addition to any other penalty provided by law, pay
15    a civil penalty to the Department in an amount not to  exceed
16    $5,000  for each offense as determined by the Department. The
17    civil penalty shall be assessed by  the  Department  after  a
18    hearing  is  held in accordance with the provisions set forth
19    in the Illinois Administrative Procedure Act.
20        (b)  The Department may  investigate  all  violations  of
21    this Act.
22        (c)  The civil penalty shall be paid within 60 days after
23    the  effective  date of the order imposing the civil penalty.
24    The order  constitutes  a  judgment  and  may  be  filed  and
25    execution had thereon in the same manner as any judgment from
26    any court of record.

27        Section  35.  Dispensing  by  physician,  optometrist, or
28    pharmacist in Illinois. Any person or entity located in  this
29    State  that  dispenses  contact  lenses  to  persons residing
30    within  this  State  must  be  or  employ  a  physician,   an
31    optometrist,  or  a  pharmacist  who  is  responsible for the
 
                            -6-                LRB9104241ACtm
 1    dispensing of the contact lenses.

 2        Section 40.  Deposit of civil penalties;  appropriations.
 3    All of the civil penalties  collected under this Act shall be
 4    deposited  in  the  General  Professions Dedicated Fund.  All
 5    moneys in the Fund  shall  be  used  by  the  Department,  as
 6    appropriated, for the ordinary and contingent expenses of the
 7    Department.

 8        Section  90.  The Medical Practice Act of 1987 is amended
 9    by changing Section 22 as follows:

10        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
11        Sec. 22.  Disciplinary action.
12        (A)  The  Department  may  revoke,  suspend,   place   on
13    probationary status, or take any other disciplinary action as
14    the  Department may deem proper with regard to the license or
15    visiting professor permit of any person issued under this Act
16    to practice medicine, or to treat human ailments without  the
17    use  of  drugs  and without operative surgery upon any of the
18    following grounds:
19             (1)  Performance of  an  elective  abortion  in  any
20        place, locale, facility, or institution other than:
21                  (a)  a   facility   licensed  pursuant  to  the
22             Ambulatory Surgical Treatment Center Act;
23                  (b)  an institution licensed under the Hospital
24             Licensing Act; or
25                  (c)  an ambulatory surgical treatment center or
26             hospitalization or care facility maintained  by  the
27             State  or  any agency thereof, where such department
28             or agency has authority under law to  establish  and
29             enforce   standards   for  the  ambulatory  surgical
30             treatment   centers,   hospitalization,   or    care
31             facilities under its management and control; or
 
                            -7-                LRB9104241ACtm
 1                  (d)  ambulatory   surgical  treatment  centers,
 2             hospitalization or care facilities maintained by the
 3             Federal Government; or
 4                  (e)  ambulatory  surgical  treatment   centers,
 5             hospitalization or care facilities maintained by any
 6             university  or college established under the laws of
 7             this State and supported principally by public funds
 8             raised by taxation.
 9             (2)  Performance  of  an  abortion  procedure  in  a
10        wilful and wanton manner on a woman who was not  pregnant
11        at the time the abortion procedure was performed.
12             (3)  The conviction of a felony in this or any other
13        jurisdiction,  except as otherwise provided in subsection
14        B of this Section, whether or  not  related  to  practice
15        under  this  Act,  or  the  entry  of  a  guilty  or nolo
16        contendere plea to a felony charge.
17             (4)  Gross negligence in practice under this Act.
18             (5)  Engaging   in   dishonorable,   unethical    or
19        unprofessional  conduct of a character likely to deceive,
20        defraud or harm the public.
21             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
22        misrepresentation.
23             (7)  Habitual  or  excessive  use  or abuse of drugs
24        defined in law as controlled substances, of  alcohol,  or
25        of any other substances which results in the inability to
26        practice with reasonable judgment, skill or safety.
27             (8)  Practicing under a false or, except as provided
28        by law, an assumed name.
29             (9)  Fraud  or misrepresentation in applying for, or
30        procuring, a license under this Act or in connection with
31        applying for renewal of a license under this Act.
32             (10)  Making  a  false   or   misleading   statement
33        regarding  their  skill  or  the efficacy or value of the
34        medicine, treatment, or  remedy  prescribed  by  them  at
 
                            -8-                LRB9104241ACtm
 1        their  direction in the treatment of any disease or other
 2        condition of the body or mind.
 3             (11)  Allowing another person or organization to use
 4        their license, procured under this Act, to practice.
 5             (12)  Disciplinary  action  of  another   state   or
 6        jurisdiction  against a license or other authorization to
 7        practice as  a  medical  doctor,  doctor  of  osteopathy,
 8        doctor of osteopathic medicine or doctor of chiropractic,
 9        a certified copy of the record of the action taken by the
10        other  state  or  jurisdiction being prima facie evidence
11        thereof.
12             (13)  Violation of any provision of this Act  or  of
13        the Medical Practice Act prior to the repeal of that Act,
14        or  violation  of  the  rules,  or a final administrative
15        action  of  the  Director,  after  consideration  of  the
16        recommendation of the Disciplinary Board.
17             (14)  Dividing with  anyone  other  than  physicians
18        with  whom  the  licensee  practices  in  a  partnership,
19        Professional  Association,  limited liability company, or
20        Medical or Professional Corporation any fee,  commission,
21        rebate or other form of compensation for any professional
22        services  not  actually  and personally rendered. Nothing
23        contained in this subsection  prohibits  persons  holding
24        valid and current licenses under this Act from practicing
25        medicine  in  partnership  under a partnership agreement,
26        including a limited liability partnership, in  a  limited
27        liability  company  under  the  Limited Liability Company
28        Act,  in  a  corporation  authorized   by   the   Medical
29        Corporation  Act,  as  an  association  authorized by the
30        Professional Association Act, or in a  corporation  under
31        the   Professional   Corporation  Act  or  from  pooling,
32        sharing, dividing or apportioning  the  fees  and  monies
33        received  by  them  or by the partnership, corporation or
34        association in accordance with the partnership  agreement
 
                            -9-                LRB9104241ACtm
 1        or  the  policies  of  the  Board  of  Directors  of  the
 2        corporation  or  association.   Nothing contained in this
 3        subsection prohibits 2 or more corporations authorized by
 4        the Medical Corporation Act, from forming  a  partnership
 5        or  joint  venture  of  such  corporations, and providing
 6        medical, surgical and scientific research  and  knowledge
 7        by  employees of these corporations if such employees are
 8        licensed  under  this  Act,  or  from  pooling,  sharing,
 9        dividing, or apportioning the fees and monies received by
10        the partnership or joint venture in accordance  with  the
11        partnership   or   joint   venture   agreement.   Nothing
12        contained in this subsection shall abrogate the right  of
13        2  or  more  persons,  holding valid and current licenses
14        under this Act, to each receive adequate compensation for
15        concurrently rendering professional services to a patient
16        and  divide  a  fee;  provided,  the  patient  has   full
17        knowledge  of  the  division,  and,  provided,  that  the
18        division  is made in proportion to the services performed
19        and responsibility assumed by each.
20             (15)  A finding by the  Medical  Disciplinary  Board
21        that  the  registrant  after  having  his  or her license
22        placed on probationary status or subjected to  conditions
23        or  restrictions  violated  the terms of the probation or
24        failed to comply with such terms or conditions.
25             (16)  Abandonment of a patient.
26             (17)  Prescribing,      selling,      administering,
27        distributing,  giving  or  self-administering  any   drug
28        classified as a controlled substance (designated product)
29        or narcotic for other than medically accepted therapeutic
30        purposes.
31             (18)  Promotion  of  the  sale  of  drugs,  devices,
32        appliances or goods provided for a patient in such manner
33        as  to  exploit  the  patient  for  financial gain of the
34        physician.
 
                            -10-               LRB9104241ACtm
 1             (19)  Offering, undertaking or agreeing to  cure  or
 2        treat disease by a secret method, procedure, treatment or
 3        medicine,  or  the treating, operating or prescribing for
 4        any human condition by a method, means or procedure which
 5        the licensee  refuses  to  divulge  upon  demand  of  the
 6        Department.
 7             (20)  Immoral  conduct  in the commission of any act
 8        including, but not limited to, commission of  an  act  of
 9        sexual misconduct related to the licensee's practice.
10             (21)  Wilfully  making  or  filing  false records or
11        reports in his or her practice as a physician, including,
12        but not limited  to,  false  records  to  support  claims
13        against  the medical assistance program of the Department
14        of Public Aid under the Illinois Public Aid Code.
15             (22)  Wilful omission to file or record, or wilfully
16        impeding the filing or  recording,  or  inducing  another
17        person  to  omit  to  file  or record, medical reports as
18        required  by  law,  or  wilfully  failing  to  report  an
19        instance of suspected abuse or  neglect  as  required  by
20        law.
21             (23)  Being  named  as a perpetrator in an indicated
22        report by the Department of Children and Family  Services
23        under  the  Abused and Neglected Child Reporting Act, and
24        upon proof by clear  and  convincing  evidence  that  the
25        licensee  has  caused  a  child  to be an abused child or
26        neglected child as defined in the  Abused  and  Neglected
27        Child Reporting Act.
28             (24)  Solicitation  of professional patronage by any
29        corporation, agents or persons, or profiting  from  those
30        representing themselves to be agents of the licensee.
31             (25)  Gross  and  wilful  and continued overcharging
32        for  professional  services,   including   filing   false
33        statements  for collection of fees for which services are
34        not rendered, including, but not limited to, filing  such
 
                            -11-               LRB9104241ACtm
 1        false  statements  for  collection of monies for services
 2        not rendered from the medical assistance program  of  the
 3        Department  of  Public  Aid under the Illinois Public Aid
 4        Code.
 5             (26)  A pattern of practice or other behavior  which
 6        demonstrates incapacity or incompetence to practice under
 7        this Act.
 8             (27)  Mental  illness or disability which results in
 9        the inability to practice under this Act with  reasonable
10        judgment, skill or safety.
11             (28)  Physical  illness,  including, but not limited
12        to, deterioration through the aging process, or  loss  of
13        motor  skill  which results in a physician's inability to
14        practice under this Act with reasonable  judgment,  skill
15        or safety.
16             (29)  Cheating   on   or   attempt  to  subvert  the
17        licensing examinations administered under this Act.
18             (30)  Wilfully   or   negligently   violating    the
19        confidentiality  between  physician and patient except as
20        required by law.
21             (31)  The use of any false, fraudulent, or deceptive
22        statement in any document connected with  practice  under
23        this Act.
24             (32)  Aiding and abetting an individual not licensed
25        under  this  Act in the practice of a profession licensed
26        under this Act.
27             (33)  Violating state or federal laws or regulations
28        relating to controlled substances.
29             (34)  Failure  to  report  to  the  Department   any
30        adverse  final  action  taken  against  them  by  another
31        licensing  jurisdiction (any other state or any territory
32        of the United States or any foreign state or country), by
33        any peer review body, by any health care institution,  by
34        any   professional  society  or  association  related  to
 
                            -12-               LRB9104241ACtm
 1        practice under this Act, by any governmental  agency,  by
 2        any  law  enforcement agency, or by any court for acts or
 3        conduct similar to acts or conduct which would constitute
 4        grounds for action as defined in this Section.
 5             (35)  Failure to report to the Department  surrender
 6        of  a  license  or authorization to practice as a medical
 7        doctor, a doctor of osteopathy, a doctor  of  osteopathic
 8        medicine,  or  doctor of chiropractic in another state or
 9        jurisdiction, or surrender of membership on  any  medical
10        staff  or  in  any medical or professional association or
11        society, while under disciplinary investigation by any of
12        those authorities or bodies, for acts or conduct  similar
13        to  acts  or  conduct  which would constitute grounds for
14        action as defined in this Section.
15             (36)  Failure  to  report  to  the  Department   any
16        adverse  judgment,  settlement,  or  award arising from a
17        liability claim related to acts  or  conduct  similar  to
18        acts or conduct which would constitute grounds for action
19        as defined in this Section.
20             (37)  Failure  to transfer copies of medical records
21        as required by law.
22             (38)  Failure  to  furnish   the   Department,   its
23        investigators  or  representatives, relevant information,
24        legally requested by the  Department  after  consultation
25        with  the Chief Medical Coordinator or the Deputy Medical
26        Coordinator.
27             (39)  Violating the Health Care Worker Self-Referral
28        Act.
29             (40)  Willful failure to provide notice when  notice
30        is  required under the Parental Notice of Abortion Act of
31        1995.
32             (41)  Failure to establish and maintain  records  of
33        patient care and treatment as required by this law.
34             (42)  Entering  into  an excessive number of written
 
                            -13-               LRB9104241ACtm
 1        collaborative agreements with licensed advanced  practice
 2        nurses   resulting   in   an   inability   to  adequately
 3        collaborate and provide medical direction.
 4             (43)  Repeated  failure  to  adequately  collaborate
 5        with or provide medical direction to a licensed  advanced
 6        practice nurse.
 7             (44)  Violating the Contact Lens Act.
 8        All proceedings to suspend, revoke, place on probationary
 9    status,   or  take  any  other  disciplinary  action  as  the
10    Department may deem proper, with regard to a license  on  any
11    of  the  foregoing  grounds, must be commenced within 3 years
12    next after receipt by the Department of a complaint  alleging
13    the  commission  of or notice of the conviction order for any
14    of  the  acts  described  herein.   Except  for  the  grounds
15    numbered (8), (9) and (29), no action shall be commenced more
16    than 5 years after the date of the incident or act alleged to
17    have violated this Section.  In the event of  the  settlement
18    of  any  claim or cause of action in favor of the claimant or
19    the reduction to final judgment of any civil action in  favor
20    of the plaintiff, such claim, cause of action or civil action
21    being grounded on the allegation that a person licensed under
22    this  Act  was  negligent  in  providing care, the Department
23    shall have an additional period of one year from the date  of
24    notification  to  the Department under Section 23 of this Act
25    of such settlement or final judgment in which to  investigate
26    and commence formal disciplinary proceedings under Section 36
27    of  this  Act, except as otherwise provided by law.  The time
28    during which the holder of the license was outside the  State
29    of  Illinois  shall not be included within any period of time
30    limiting the  commencement  of  disciplinary  action  by  the
31    Department.
32        The  entry  of  an order or judgment by any circuit court
33    establishing that any person holding a license under this Act
34    is a person  in  need  of  mental  treatment  operates  as  a
 
                            -14-               LRB9104241ACtm
 1    suspension  of  that  license.   That person may resume their
 2    practice only upon the entry of a  Departmental  order  based
 3    upon  a  finding  by the Medical Disciplinary Board that they
 4    have been determined to be recovered from mental  illness  by
 5    the  court  and  upon the Disciplinary Board's recommendation
 6    that they be permitted to resume their practice.
 7        The Department may refuse to issue or  take  disciplinary
 8    action concerning the license of any person who fails to file
 9    a  return,  or to pay the tax, penalty or interest shown in a
10    filed return, or to pay any final assessment of tax,  penalty
11    or  interest,  as required by any tax Act administered by the
12    Illinois Department  of  Revenue,  until  such  time  as  the
13    requirements  of any such tax Act are satisfied as determined
14    by the Illinois Department of Revenue.
15        The  Department,   upon   the   recommendation   of   the
16    Disciplinary   Board,  shall  adopt  rules  which  set  forth
17    standards to be used in determining:
18             (a)  when  a  person  will  be  deemed  sufficiently
19        rehabilitated to warrant the public trust;
20             (b)  what  constitutes  dishonorable,  unethical  or
21        unprofessional conduct of a character likely to  deceive,
22        defraud, or harm the public;
23             (c)  what   constitutes   immoral   conduct  in  the
24        commission of any act, including,  but  not  limited  to,
25        commission  of an act of sexual misconduct related to the
26        licensee's practice; and
27             (d)  what  constitutes  gross  negligence   in   the
28        practice of medicine.
29        However,  no  such rule shall be admissible into evidence
30    in any civil action except for review of a licensing or other
31    disciplinary action under this Act.
32        In  enforcing  this  Section,  the  Medical  Disciplinary
33    Board, upon a showing of a possible violation, may compel any
34    individual licensed to practice under this Act,  or  who  has
 
                            -15-               LRB9104241ACtm
 1    applied  for  licensure  or a permit pursuant to this Act, to
 2    submit to a mental  or  physical  examination,  or  both,  as
 3    required  by  and  at  the  expense  of  the Department.  The
 4    examining physician or physicians shall be those specifically
 5    designated   by   the   Disciplinary   Board.   The   Medical
 6    Disciplinary Board or the Department may order the  examining
 7    physician  to  present  testimony  concerning  this mental or
 8    physical  examination  of  the  licensee  or  applicant.   No
 9    information shall be excluded by reason of any common law  or
10    statutory  privilege  relating  to  communication between the
11    licensee  or  applicant  and  the  examining  physician.  The
12    individual to be  examined  may  have,  at  his  or  her  own
13    expense,  another  physician  of  his  or  her choice present
14    during all aspects  of  the  examination.    Failure  of  any
15    individual  to submit to mental or physical examination, when
16    directed, shall be grounds  for  suspension  of  his  or  her
17    license  until  such  time  as  the individual submits to the
18    examination if the Disciplinary Board finds, after notice and
19    hearing, that the refusal to submit to  the  examination  was
20    without  reasonable cause.  If the Disciplinary Board finds a
21    physician unable to practice because of the reasons set forth
22    in this Section, the Disciplinary Board  shall  require  such
23    physician  to  submit  to  care,  counseling, or treatment by
24    physicians approved or designated by the Disciplinary  Board,
25    as   a   condition  for  continued,  reinstated,  or  renewed
26    licensure to practice.   Any  physician,  whose  license  was
27    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
28    continued, reinstated, renewed,  disciplined  or  supervised,
29    subject  to  such terms, conditions or restrictions who shall
30    fail to comply with such terms, conditions  or  restrictions,
31    or  to  complete  a  required program of care, counseling, or
32    treatment, as determined by the Chief Medical Coordinator  or
33    Deputy   Medical  Coordinators,  shall  be  referred  to  the
34    Director for a determination as to whether the licensee shall
 
                            -16-               LRB9104241ACtm
 1    have their license suspended immediately, pending  a  hearing
 2    by  the  Disciplinary  Board.   In  instances  in  which  the
 3    Director immediately suspends a license under this Section, a
 4    hearing  upon  such  person's license must be convened by the
 5    Disciplinary Board within 15 days after such  suspension  and
 6    completed  without appreciable delay.  The Disciplinary Board
 7    shall have the authority to review  the  subject  physician's
 8    record  of treatment and counseling regarding the impairment,
 9    to the extent permitted by applicable  federal  statutes  and
10    regulations   safeguarding  the  confidentiality  of  medical
11    records.
12        An individual licensed under  this  Act,  affected  under
13    this Section, shall be afforded an opportunity to demonstrate
14    to  the  Disciplinary  Board that they can resume practice in
15    compliance with acceptable and prevailing standards under the
16    provisions of their license.
17        The Department may promulgate rules for the imposition of
18    fines in disciplinary cases, not to exceed  $5,000  for  each
19    violation  of  this Act.  Fines may be imposed in conjunction
20    with other forms of disciplinary action, but shall not be the
21    exclusive disposition of any disciplinary action arising  out
22    of  conduct  resulting  in death or injury to a patient.  Any
23    funds collected from such fines shall  be  deposited  in  the
24    Medical Disciplinary Fund.
25        (B)  The  Department shall revoke the license or visiting
26    permit of any  person  issued  under  this  Act  to  practice
27    medicine  or to treat human ailments without the use of drugs
28    and without operative  surgery,  who  has  been  convicted  a
29    second  time  of  committing  any  felony  under the Illinois
30    Controlled Substances Act, or who has been convicted a second
31    time of committing a Class 1 felony under Sections  8A-3  and
32    8A-6 of the Illinois Public Aid Code.  A person whose license
33    or  visiting  permit  is  revoked  under this subsection B of
34    Section 22 of this Act shall be  prohibited  from  practicing
 
                            -17-               LRB9104241ACtm
 1    medicine  or treating human ailments without the use of drugs
 2    and without operative surgery.
 3        (C)  The Medical Disciplinary Board  shall  recommend  to
 4    the  Department  civil  penalties  and  any other appropriate
 5    discipline in disciplinary cases when the Board finds that  a
 6    physician   willfully   performed  an  abortion  with  actual
 7    knowledge that the person upon whom  the  abortion  has  been
 8    performed  is a minor or an incompetent person without notice
 9    as required under the Parental  Notice  of  Abortion  Act  of
10    1995.   Upon the Board's recommendation, the Department shall
11    impose, for the first violation, a civil  penalty  of  $1,000
12    and  for a second or subsequent violation, a civil penalty of
13    $5,000.
14    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
15    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
16    8-13-98.)

17        Section 95.  The Illinois Optometric Practice Act of 1987
18    is amended by changing Section 24 as follows:

19        (225 ILCS 80/24) (from Ch. 111, par. 3924)
20        Sec. 24.  Grounds for disciplinary action.
21        (a)  The  Department  may refuse to issue or to renew, or
22    may revoke, suspend, place on probation,  reprimand  or  take
23    other  disciplinary action as the Department may deem proper,
24    including fines not to exceed $5,000 for each violation, with
25    regard  to  any  license  or  certificate  for  any  one   or
26    combination of the following causes:
27             (1)  Violations   of  this  Act,  or  of  the  rules
28        promulgated hereunder.
29             (2)  Conviction of any crime under the laws  of  any
30        U.S.  jurisdiction  thereof that is a felony or that is a
31        misdemeanor of which an essential element is  dishonesty,
32        or  of any crime that is directly related to the practice
 
                            -18-               LRB9104241ACtm
 1        of the profession.
 2             (3)  Making any misrepresentation for the purpose of
 3        obtaining a license or certificate.
 4             (4)  Professional incompetence or  gross  negligence
 5        in the practice of optometry.
 6             (5)  Gross  malpractice,  prima  facie  evidence  of
 7        which  may  be a conviction or judgment of malpractice in
 8        any court of competent jurisdiction.
 9             (6)  Aiding or assisting another person in violating
10        any provision of this Act or rules.
11             (7)  Failing, within 60 days, to provide information
12        in response to a written request made by  the  Department
13        that has been sent by certified or registered mail to the
14        licensee's last known address.
15             (8)  Engaging   in   dishonorable,   unethical,   or
16        unprofessional  conduct of a character likely to deceive,
17        defraud, or harm the public.
18             (9)  Habitual  or  excessive  use  or  addiction  to
19        alcohol, narcotics,  stimulants  or  any  other  chemical
20        agent  or  drug that results in the inability to practice
21        with reasonable judgment, skill, or safety.
22             (10)  Discipline by  another  U.S.  jurisdiction  or
23        foreign  nation,  if  at least one of the grounds for the
24        discipline is the same  or  substantially  equivalent  to
25        those set forth herein.
26             (11)  Directly  or indirectly giving to or receiving
27        from  any  person,  firm,  corporation,  partnership,  or
28        association any fee, commission, rebate, or other form of
29        compensation for any professional services  not  actually
30        or  personally  rendered.   This  shall  not be deemed to
31        include (i)  rent  or  other  remunerations  paid  to  an
32        individual, partnership, or corporation by an optometrist
33        for  the  lease,  rental,  or  use  of  space,  owned  or
34        controlled,  by  the individual, partnership, corporation
 
                            -19-               LRB9104241ACtm
 1        or association, and (ii) the division of fees between  an
 2        optometrist  and  related  professional service providers
 3        with whom the optometrist practices   in  a  professional
 4        corporation   organized   under   Section   3.6   of  the
 5        Professional Service Corporation Act.
 6             (12)  A finding by the Department that the licensee,
 7        after having his or her license  placed  on  probationary
 8        status has violated the terms of probation.
 9             (13)  Abandonment of a patient.
10             (14)  Willfully  making  or  filing false records or
11        reports in his or her practice, including but not limited
12        to  false  records   filed   with   State   agencies   or
13        departments.
14             (15)  Willfully  failing  to  report  an instance of
15        suspected child abuse  or  neglect  as  required  by  the
16        Abused and Neglected Child Reporting Act.
17             (16)  Physical  illness,  including  but not limited
18        to, deterioration through the aging process, or  loss  of
19        motor  skill,  mental illness, or disability that results
20        in  the  inability  to  practice  the   profession   with
21        reasonable judgment, skill, or safety.
22             (17)  Solicitation  of  professional  services other
23        than permitted advertising.
24             (18)  Failure to provide a patient with  a  copy  of
25        his  or  her  record  or  prescription  upon  the written
26        request of the patient.
27             (19)  Conviction   by   any   court   of   competent
28        jurisdiction, either within or without this State, of any
29        violation of any law governing the practice of optometry,
30        conviction in this or another State of any crime that  is
31        a  felony under the laws of this State or conviction of a
32        felony in a federal court, if the Department  determines,
33        after  investigation,  that  such  person  has  not  been
34        sufficiently rehabilitated to warrant the public trust.
 
                            -20-               LRB9104241ACtm
 1             (20)  A  finding that licensure has been applied for
 2        or obtained by fraudulent means.
 3             (21)  Continued  practice  by  a  person   knowingly
 4        having an infectious or contagious disease.
 5             (22)  Being  named  as a perpetrator in an indicated
 6        report by the Department of Children and Family  Services
 7        under  the  Abused and Neglected Child Reporting Act, and
 8        upon proof by clear  and  convincing  evidence  that  the
 9        licensee  has  caused  a child to be an abused child or a
10        neglected child as defined in the  Abused  and  Neglected
11        Child Reporting Act.
12             (23)  Practicing  or  attempting to practice under a
13        name other than the full name as  shown  on  his  or  her
14        license.
15             (24)  Immoral  conduct in the commission of any act,
16        such  as  sexual  abuse,  sexual  misconduct  or   sexual
17        exploitation, related to the licensee's practice.
18             (25)  Maintaining  a  professional relationship with
19        any person, firm, or  corporation  when  the  optometrist
20        knows,  or  should  know,  that  such  person,  firm,  or
21        corporation is violating this Act.
22             (26)  Promotion  of  the  sale  of  drugs,  devices,
23        appliances  or  goods provided for a client or patient in
24        such manner as to  exploit  the  patient  or  client  for
25        financial gain of the licensee.
26             (27)  Using  the  title "Doctor" or its abbreviation
27        without further qualifying  that  title  or  abbreviation
28        with the word "optometry" or "optometrist".
29             (28)  Use  by  a  licensed  optometrist  of the word
30        "infirmary",  "hospital",  "school",   "university",   in
31        English  or  any  other  language, in connection with the
32        place where optometry may be practiced or demonstrated.
33             (29)  Continuance of an optometrist in the employ of
34        any person, firm or corporation, or as  an  assistant  to
 
                            -21-               LRB9104241ACtm
 1        any  optometrist or optometrists, directly or indirectly,
 2        after his or her employer  or  superior  has  been  found
 3        guilty  of  violating or has been enjoined from violating
 4        the laws  of  the  State  of  Illinois  relating  to  the
 5        practice  of  optometry,  when  the  employer or superior
 6        persists in that violation.
 7             (30)  The  performance  of  optometric  service   in
 8        conjunction  with  a  scheme or plan with another person,
 9        firm or corporation known to be advertising in  a  manner
10        contrary  to  this Act or otherwise violating the laws of
11        the  State  of  Illinois  concerning  the   practice   of
12        optometry.
13             (31)  Failure   to  provide  satisfactory  proof  of
14        having  participated  in  approved  continuing  education
15        programs as determined by the Board and approved  by  the
16        Director.   Exceptions  for  extreme  hardships are to be
17        defined by the rules of the Department.
18             (32)  Willfully making or filing  false  records  or
19        reports  in the practice of optometry, including, but not
20        limited to false records to support  claims  against  the
21        medical  assistance  program  of the Department of Public
22        Aid under the Illinois Public Aid Code.
23             (33)  Gross    and    willful    overcharging    for
24        professional services including filing  false  statements
25        for  collection  of  fees  for  which  services  are  not
26        rendered,  including,  but  not  limited  to filing false
27        statements for collection  of  monies  for  services  not
28        rendered  from  the  medical  assistance  program  of the
29        Department of Public Aid under the  Illinois  Public  Aid
30        Code.
31             (34)  In   the   absence  of  good  reasons  to  the
32        contrary, failure to perform a minimum eye examination as
33        required by the rules of the Department.
34             (35)  Violation   of   the   Health   Care    Worker
 
                            -22-               LRB9104241ACtm
 1        Self-Referral Act.
 2             (36)  Violation of the Contact Lens Act.
 3        The  Department  may  refuse  to issue or may suspend the
 4    license or certificate of any person  who  fails  to  file  a
 5    return,  or  to  pay  the tax, penalty or interest shown in a
 6    filed return, or to pay any  final  assessment  of  the  tax,
 7    penalty  or interest, as required by any tax Act administered
 8    by the Illinois Department of Revenue, until such time as the
 9    requirements of any such tax Act are satisfied.
10        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
11    showing of a possible violation, may  compel  any  individual
12    licensed  to  practice under this Act, or who has applied for
13    licensure or certification pursuant to this Act, to submit to
14    a mental or physical examination, or both, as required by and
15    at the expense of the Department.  The  examining  physicians
16    or   clinical   psychologists  shall  be  those  specifically
17    designated by the Board.  The Board  or  the  Department  may
18    order  the  examining  physician  or clinical psychologist to
19    present  testimony  concerning  this   mental   or   physical
20    examination  of  the  licensee  or applicant.  No information
21    shall be excluded by reason of any common  law  or  statutory
22    privilege  relating to communications between the licensee or
23    applicant   and   the   examining   physician   or   clinical
24    psychologist.  Eye examinations may be provided by a licensed
25    and certified therapeutic optometrist.  The individual to  be
26    examined  may  have,  at  his  or  her  own  expense, another
27    physician of his or her choice present during all aspects  of
28    the  examination.   Failure  of any individual to submit to a
29    mental or  physical  examination,  when  directed,  shall  be
30    grounds  for  suspension  of a license until such time as the
31    individual submits to the examination  if  the  Board  finds,
32    after  notice  and hearing, that the refusal to submit to the
33    examination was without reasonable cause.
34        If the Board  finds  an  individual  unable  to  practice
 
                            -23-               LRB9104241ACtm
 1    because  of  the reasons set forth in this Section, the Board
 2    shall require such individual to submit to care,  counseling,
 3    or treatment by physicians or clinical psychologists approved
 4    or  designated  by  the  Board,  as  a  condition,  term,  or
 5    restriction  for  continued, reinstated, or renewed licensure
 6    to practice, or in lieu of care,  counseling,  or  treatment,
 7    the Board may recommend to the Department to file a complaint
 8    to  immediately  suspend, revoke, or otherwise discipline the
 9    license of the individual, or the Board may recommend to  the
10    Department  to  file  a  complaint  to  suspend,  revoke,  or
11    otherwise  discipline  the  license  of  the individual.  Any
12    individual whose license was granted pursuant to this Act, or
13    continued, reinstated, renewed, disciplined,  or  supervised,
14    subject to such conditions, terms, or restrictions, who shall
15    fail  to comply with such conditions, terms, or restrictions,
16    shall be referred to the Director for a determination  as  to
17    whether   the  individual  shall  have  his  or  her  license
18    suspended immediately, pending a hearing by the Board.
19        (b)  The determination by a circuit court that a licensee
20    is subject to involuntary admission or judicial admission  as
21    provided  in the Mental Health and Developmental Disabilities
22    Code operates as an  automatic  suspension.   The  suspension
23    will  end  only upon a finding by a court that the patient is
24    no  longer  subject  to  involuntary  admission  or  judicial
25    admission and issues an order so finding and discharging  the
26    patient;  and  upon  the  recommendation  of the Board to the
27    Director that the licensee be allowed to resume  his  or  her
28    practice.
29    (Source: P.A.  89-702,  eff.  7-1-97;  90-230,  eff.  1-1-98;
30    90-655, eff. 7-30-98.)

31        Section  100.   The  Pharmacy  Practice  Act  of  1987 is
32    amended by changing Section 35 as follows:
 
                            -24-               LRB9104241ACtm
 1        (225 ILCS 85/30) (from Ch. 111, par. 4150)
 2        Sec. 30.  (a) In accordance with Section 11 of this  Act,
 3    the Department may refuse to issue, restore, or renew, or may
 4    revoke,  suspend, place on probation, reprimand or take other
 5    disciplinary action as the Department may  deem  proper  with
 6    regard  to any license or certificate of registration for any
 7    one or combination of the following causes:
 8             1.  Material misstatement in furnishing  information
 9        to the Department.
10             2.  Violations of this Act, or the rules promulgated
11        hereunder.
12             3.  Making  any misrepresentation for the purpose of
13        obtaining licenses.
14             4.  A  pattern   of   conduct   which   demonstrates
15        incompetence or unfitness to practice.
16             5.  Aiding  or assisting another person in violating
17        any provision of this Act or rules.
18             6.  Failing, within 60 days, to respond to a written
19        request made by the Department for information.
20             7.  Engaging   in   dishonorable,    unethical    or
21        unprofessional  conduct of a character likely to deceive,
22        defraud or harm the public.
23             8.  Discipline  by  another  U.S.  jurisdiction   or
24        foreign  nation,  if  at least one of the grounds for the
25        discipline is the same  or  substantially  equivalent  to
26        those set forth herein.
27             9.  Directly  or  indirectly  giving to or receiving
28        from  any  person,  firm,  corporation,  partnership   or
29        association  any fee, commission, rebate or other form of
30        compensation for any professional services  not  actually
31        or personally rendered.
32             10.  A  finding by the Department that the licensee,
33        after having his license placed  on  probationary  status
34        has violated the terms of probation.
 
                            -25-               LRB9104241ACtm
 1             11.  Selling or engaging in the sale of drug samples
 2        provided at no cost by drug manufacturers.
 3             12.  Physical illness, including but not limited to,
 4        deterioration through the aging process, or loss of motor
 5        skill  which  results  in  the  inability to practice the
 6        profession with reasonable judgment, skill or safety.
 7             13.  A finding that licensure  or  registration  has
 8        been applied for or obtained by fraudulent means.
 9             14.  The  applicant,  or licensee has been convicted
10        in state or federal court of any crime which is a  felony
11        or  any  misdemeanor related to the practice of pharmacy,
12        of which an essential element is dishonesty.
13             15.  Habitual  or  excessive  use  or  addiction  to
14        alcohol, narcotics,  stimulants  or  any  other  chemical
15        agent  or drug which results in the inability to practice
16        with reasonable judgment, skill or safety.
17             16.  Willfully making or  filing  false  records  or
18        reports  in  the practice of pharmacy, including, but not
19        limited to false records to support  claims  against  the
20        medical  assistance  program  of the Department of Public
21        Aid under the Public Aid Code.
22             17.  Gross and willful overcharging for professional
23        services including filing false statements for collection
24        of fees for which services are not  rendered,  including,
25        but   not   limited   to,  filing  false  statements  for
26        collection of monies for services not rendered  from  the
27        medical  assistance  program  of the Department of Public
28        Aid under the Public Aid Code.
29             18.  Repetitiously  dispensing  prescription   drugs
30        without receiving a written or oral prescription.
31             19.  Upon  a finding of a substantial discrepancy in
32        a Department audit  of  a  prescription  drug,  including
33        controlled  substances,  as  that term is defined in this
34        Act or in the Illinois Controlled Substances Act.
 
                            -26-               LRB9104241ACtm
 1             20.  Physical illness which results in the inability
 2        to practice with reasonable judgment, skill or safety, or
 3        mental incompetency as declared by a court  of  competent
 4        jurisdiction.
 5             21.  Violation    of    the   Health   Care   Worker
 6        Self-Referral Act.
 7             22.  Violation of the Contact Lens Act.
 8        (b)  The Department may refuse to issue  or  may  suspend
 9    the license or registration of any person who fails to file a
10    return,  or  to  pay  the tax, penalty or interest shown in a
11    filed return, or to pay any final assessment of tax,  penalty
12    or  interest,  as required by any tax Act administered by the
13    Illinois Department  of  Revenue,  until  such  time  as  the
14    requirements of any such tax Act are satisfied.
15        (c)  The   Department   shall   revoke   the  license  or
16    certificate of registration issued under  the  provisions  of
17    this Act or any prior Act of this State of any person who has
18    been  convicted  a second time of committing any felony under
19    the Illinois Controlled  Substances  Act,  or  who  has  been
20    convicted  a second time of committing a Class 1 felony under
21    Sections 8A-3 and 8A-6 of the Illinois Public  Aid  Code.   A
22    person  whose  license  or certificate of registration issued
23    under the provisions of this Act or any  prior  Act  of  this
24    State   is   revoked  under  this  subsection  (c)  shall  be
25    prohibited from engaging in the practice of pharmacy in  this
26    State.
27        (d)  In  any order issued in resolution of a disciplinary
28    proceeding, the Board may request any licensee  found  guilty
29    of  a  charge involving a significant violation of subsection
30    (a) of Section 5,  or  paragraph  19  of  Section  30  as  it
31    pertains to controlled substances, to pay to the Department a
32    fine not to exceed $2,000.
33        (e)  In  any order issued in resolution of a disciplinary
34    proceeding, in addition to any other disciplinary action, the
 
                            -27-               LRB9104241ACtm
 1    Board may request any licensee found guilty of  noncompliance
 2    with  the  continuing education requirements of Section 12 to
 3    pay the Department a fine not to exceed $1000.
 4        (f)  The Department shall issue quarterly to the Board  a
 5    status  of  all complaints related to the profession received
 6    by the Department.
 7    (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)

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