State of Illinois
91st General Assembly
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91_SB1493

 
                                               LRB9112646ACtm

 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
 
                            -5-                LRB9112646ACtm
 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
 
                            -6-                LRB9112646ACtm
 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
 
                            -8-                LRB9112646ACtm
 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.

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