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|[ Engrossed ]||[ House Amendment 001 ]|
92_HB3097 LRB9206247LBgc 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 5. The Mail Order Contact Lens Act is amended by 5 changing Sections 5 and 30 as follows: 6 (225 ILCS 83/5) 7 Sec. 5. Definitions. As used in this Act: 8 "Contact lens prescription" means an
a written order9 bearing the original signature of a duly licensed optometrist10 or physician or an oral or electronicorder issued directly11 by an optometrist or physician that authorizes the dispensing 12 of contact lenses to a patient. 13 "Department" means the Department of Professional 14 Regulation. 15 "Mail-order ophthalmic provider" means an entity that 16 dispenses contact lenses through the United States Postal 17 Service or other common carrier to Illinois residents. 18 "Physician" means a person licensed to practice medicine 19 in all its branches under the Medical Practice Act of 1987. 20 (Source: P.A. 91-421, eff. 1-1-00.) 21 (225 ILCS 83/30) 22 Sec. 30. Violation; defenses; civil penalty. 23 (a) Any person who dispenses, offers to dispense, or 24 attempts to dispense contact lenses in violation of this Act 25 or its rules shall, in addition to any other penalty provided 26 by law, pay a civil penalty to the Department in an amount 27 not to exceed $5,000 for each offense as determined by the 28 Department. The civil penalty may shallbe assessed by the 29 Department after a hearing is held in accordance with the 30 provisions set forth in the Illinois Administrative Procedure -2- LRB9206247LBgc 1 Act. 2 (a-5) A licensee shall have a complete defense to a 3 charge of violation of this Act or the Illinois Optometric 4 Practice Act, if he or she can demonstrate that the licensee 5 made a good faith attempt to comply with the provisions of 6 this Act. A licensee shall be presumed to have exercised 7 good faith if the licensee requests verification of a 8 patient's prescription and shows that the verification 9 request was confirmed or not responded to by the eye care 10 professional who issued the prescription. 11 (b) The Department may investigate all violations of 12 this Act. 13 (c) The civil penalty shall be paid within 60 days after 14 the effective date of the order imposing the civil penalty. 15 The order constitutes a judgment and may be filed and 16 execution had thereon in the same manner as any judgment from 17 any court of record. 18 (Source: P.A. 91-421, eff. 1-1-00.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.
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