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Public Act 92-0451
HB2595 Enrolled LRB9202314LBgc
AN ACT in relation to the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Optometric Practice Act of 1987
is amended by changing Sections 12, 16, 17, and 22 as
follows:
(225 ILCS 80/12) (from Ch. 111, par. 3912)
Sec. 12. Applications for licenses and certificates.
Applications for original licenses and certificates shall be
made to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required fee,
which shall not be refundable. Any such application shall
require such information as in the judgment of the Department
will enable the Department to pass on the qualifications of
the applicant for a license or certificate.
An applicant for initial licensure in Illinois shall
apply for and be qualified to receive and shall maintain
certification to use diagnostic and therapeutic ocular
pharmaceuticals.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed within 3 years, the application shall be
denied, the application fees shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
Applicants who meet all other conditions for licensure
and who will be practicing optometry in a residency program
approved by the Board may apply for and receive a limited one
year license to practice optometry as a resident in the
program. A licensee who receives a limited license under
this Section shall have the same privileges and
responsibilities as a therapeutically certified licensee.
(Source: P.A. 91-141, eff. 7-16-99.)
(225 ILCS 80/16) (from Ch. 111, par. 3916)
Sec. 16. Renewal, reinstatement or restoration of
licenses; military service. The expiration date and renewal
period for each license and certificate issued under this Act
shall be set by rule.
All renewal applicants shall provide proof of having met
the requirements of continuing education set forth in the
rules of the Department. The Department shall, by rule,
provide for an orderly process for the reinstatement of
licenses which have not been renewed due to failure to meet
the continuing education requirements. The continuing
education requirement may be waived in cases of extreme
hardship as defined by rules of the Department.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
Any optometrist who has permitted his or her license to
expire or who has had his or her license on inactive status
may have his or her license restored by making application to
the Department and filing proof acceptable to the Department
of his or her fitness to have his or her license restored and
by paying the required fees. Such proof of fitness may
include evidence certifying to active lawful practice in
another jurisdiction and must include proof of the completion
of the continuing education requirements specified in the
rules for the preceding license renewal period for the
applicant's level of certification that has been completed
during the 2 years prior to the application for license
restoration.
The Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of
his or her license and shall establish procedures and
requirements for such restoration.
However, any optometrist whose license expired while he
or she was (1) in Federal Service on active duty with the
Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license restored without paying any lapsed renewal
fees if within 2 years after honorable termination of such
service, training, or education, he or she furnishes the
Department with satisfactory evidence to the effect that he
or she has been so engaged and that his or her service,
training, or education has been so terminated.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 80/17) (from Ch. 111, par. 3917)
Sec. 17. Inactive status. Any optometrist who notifies
the Department in writing on forms prescribed by the
Department, may elect to place his or her license on an
inactive status and shall be excused from payment of renewal
fees until he or she notifies the Department in writing of
his intent to restore his or her license.
Any optometrist requesting restoration from inactive
status shall be required to pay the current renewal fee, to
provide proof of completion of the continuing education
requirements specified in the rules for the preceding license
renewal period for the applicant's level of certification
that has been completed during the 2 years prior to the
application for restoration, and shall be required to restore
his or her license as provided by rule of the Department.
Any optometrist whose license is in an inactive status
shall not practice optometry in the State of Illinois.
Any licensee who shall practice while his or her license
is lapsed or on inactive status shall be considered to be
practicing without a license which shall be grounds for
discipline under Section 24 subsection (a) of this Act.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 80/22) (from Ch. 111, par. 3922)
Sec. 22. Any person licensed under this Act may
advertise the availability of professional services in the
public media or on the premises where such professional
services are rendered provided that such advertising is
truthful and not misleading and is in conformity with rules
promulgated by the Department.
It is unlawful for any person licensed under this Act to
use testimonials or claims of superior quality of care to
entice the public.
(Source: P.A. 85-896.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 21, 2001.
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