Illinois General Assembly - Full Text of SB3538
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Full Text of SB3538  97th General Assembly

SB3538enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3538 EnrolledLRB097 17736 CEL 62951 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Optometric Practice Act of 1987 is
5amended by changing Sections 6 and 24 as follows:
 
6    (225 ILCS 80/6)  (from Ch. 111, par. 3906)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 6. Display of license; change of address; record of
9examinations and prescriptions. Every holder of a license under
10this Act shall display such license on a conspicuous place in
11the office or offices wherein such holder practices optometry
12and every holder shall, whenever requested, exhibit such
13license to any representative of the Department, and shall
14notify the Department of the address or addresses and of every
15change thereof, where such holder shall practice optometry.
16    Every licensed optometrist shall keep a record of
17examinations made and prescriptions issued, which record shall
18include the names of persons examined and for whom
19prescriptions were prepared, and shall be signed by the
20licensed optometrist and shall be retained by him in the office
21in which such professional service was rendered or in a secure
22offsite storage facility. Such records shall be preserved by
23the optometrist for a period designated by the Department. A

 

 

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1copy of such records shall be provided, upon written request,
2to the person examined, or his or her designee.
3(Source: P.A. 94-787, eff. 5-19-06.)
 
4    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 24. Grounds for disciplinary action.
7    (a) The Department may refuse to issue or to renew, or may
8revoke, suspend, place on probation, reprimand or take other
9disciplinary or non-disciplinary action as the Department may
10deem appropriate proper, including fines not to exceed $10,000
11for each violation, with regard to any license for any one or
12combination of the following causes set forth in subsection
13(a-3) of this Section. All fines collected under this Section
14shall be deposited in the Optometric Licensing and Disciplinary
15Board Fund. :
16    (a-3) Grounds for disciplinary action include the
17following:
18        (1) Violations of this Act, or of the rules promulgated
19    hereunder.
20        (2) Conviction of or entry of a plea of guilty to any
21    crime under the laws of any U.S. jurisdiction thereof that
22    is a felony or that is a misdemeanor of which an essential
23    element is dishonesty, or any crime that is directly
24    related to the practice of the profession.
25        (3) Making any misrepresentation for the purpose of

 

 

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1    obtaining a license.
2        (4) Professional incompetence or gross negligence in
3    the practice of optometry.
4        (5) Gross malpractice, prima facie evidence of which
5    may be a conviction or judgment of malpractice in any court
6    of competent jurisdiction.
7        (6) Aiding or assisting another person in violating any
8    provision of this Act or rules.
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department that
11    has been sent by certified or registered mail to the
12    licensee's last known address.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (9) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants or any other chemical agent or drug
18    that results in the inability to practice with reasonable
19    judgment, skill, or safety.
20        (10) Discipline by another U.S. jurisdiction or
21    foreign nation, if at least one of the grounds for the
22    discipline is the same or substantially equivalent to those
23    set forth herein.
24        (11) Violation of the prohibition against fee
25    splitting in Section 24.2 of this Act.
26        (12) A finding by the Department that the licensee,

 

 

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1    after having his or her license placed on probationary
2    status has violated the terms of probation.
3        (13) Abandonment of a patient.
4        (14) Willfully making or filing false records or
5    reports in his or her practice, including but not limited
6    to false records filed with State agencies or departments.
7        (15) Willfully failing to report an instance of
8    suspected abuse or neglect as required by law.
9        (16) Physical illness, including but not limited to,
10    deterioration through the aging process, or loss of motor
11    skill, mental illness, or disability that results in the
12    inability to practice the profession with reasonable
13    judgment, skill, or safety.
14        (17) Solicitation of professional services other than
15    permitted advertising.
16        (18) Failure to provide a patient with a copy of his or
17    her record or prescription in accordance with federal law.
18        (19) Conviction by any court of competent
19    jurisdiction, either within or without this State, of any
20    violation of any law governing the practice of optometry,
21    conviction in this or another State of any crime that is a
22    felony under the laws of this State or conviction of a
23    felony in a federal court, if the Department determines,
24    after investigation, that such person has not been
25    sufficiently rehabilitated to warrant the public trust.
26        (20) A finding that licensure has been applied for or

 

 

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1    obtained by fraudulent means.
2        (21) Continued practice by a person knowingly having an
3    infectious or contagious disease.
4        (22) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or a
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (23) Practicing or attempting to practice under a name
12    other than the full name as shown on his or her license.
13        (24) Immoral conduct in the commission of any act, such
14    as sexual abuse, sexual misconduct or sexual exploitation,
15    related to the licensee's practice.
16        (25) Maintaining a professional relationship with any
17    person, firm, or corporation when the optometrist knows, or
18    should know, that such person, firm, or corporation is
19    violating this Act.
20        (26) Promotion of the sale of drugs, devices,
21    appliances or goods provided for a client or patient in
22    such manner as to exploit the patient or client for
23    financial gain of the licensee.
24        (27) Using the title "Doctor" or its abbreviation
25    without further qualifying that title or abbreviation with
26    the word "optometry" or "optometrist".

 

 

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1        (28) Use by a licensed optometrist of the word
2    "infirmary", "hospital", "school", "university", in
3    English or any other language, in connection with the place
4    where optometry may be practiced or demonstrated.
5        (29) Continuance of an optometrist in the employ of any
6    person, firm or corporation, or as an assistant to any
7    optometrist or optometrists, directly or indirectly, after
8    his or her employer or superior has been found guilty of
9    violating or has been enjoined from violating the laws of
10    the State of Illinois relating to the practice of
11    optometry, when the employer or superior persists in that
12    violation.
13        (30) The performance of optometric service in
14    conjunction with a scheme or plan with another person, firm
15    or corporation known to be advertising in a manner contrary
16    to this Act or otherwise violating the laws of the State of
17    Illinois concerning the practice of optometry.
18        (31) Failure to provide satisfactory proof of having
19    participated in approved continuing education programs as
20    determined by the Board and approved by the Secretary.
21    Exceptions for extreme hardships are to be defined by the
22    rules of the Department.
23        (32) Willfully making or filing false records or
24    reports in the practice of optometry, including, but not
25    limited to false records to support claims against the
26    medical assistance program of the Department of Healthcare

 

 

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1    and Family Services (formerly Department of Public Aid)
2    under the Illinois Public Aid Code.
3        (33) Gross and willful overcharging for professional
4    services including filing false statements for collection
5    of fees for which services are not rendered, including, but
6    not limited to filing false statements for collection of
7    monies for services not rendered from the medical
8    assistance program of the Department of Healthcare and
9    Family Services (formerly Department of Public Aid) under
10    the Illinois Public Aid Code.
11        (34) In the absence of good reasons to the contrary,
12    failure to perform a minimum eye examination as required by
13    the rules of the Department.
14        (35) Violation of the Health Care Worker Self-Referral
15    Act.
16    The Department may refuse to issue or may suspend the
17license of any person who fails to file a return, or to pay the
18tax, penalty or interest shown in a filed return, or to pay any
19final assessment of the tax, penalty or interest, as required
20by any tax Act administered by the Illinois Department of
21Revenue, until such time as the requirements of any such tax
22Act are satisfied.
23    (a-5) In enforcing this Section, the Board upon a showing
24of a possible violation, may compel any individual licensed to
25practice under this Act, or who has applied for licensure or
26certification pursuant to this Act, to submit to a mental or

 

 

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1physical examination, or both, as required by and at the
2expense of the Department. The examining physicians or clinical
3psychologists shall be those specifically designated by the
4Board. The Board or the Department may order the examining
5physician or clinical psychologist to present testimony
6concerning this mental or physical examination of the licensee
7or applicant. No information shall be excluded by reason of any
8common law or statutory privilege relating to communications
9between the licensee or applicant and the examining physician
10or clinical psychologist. Eye examinations may be provided by a
11licensed optometrist. The individual to be examined may have,
12at his or her own expense, another physician of his or her
13choice present during all aspects of the examination. Failure
14of any individual to submit to a mental or physical
15examination, when directed, shall be grounds for suspension of
16a license until such time as the individual submits to the
17examination if the Board finds, after notice and hearing, that
18the refusal to submit to the examination was without reasonable
19cause.
20    If the Board finds an individual unable to practice because
21of the reasons set forth in this Section, the Board shall
22require such individual to submit to care, counseling, or
23treatment by physicians or clinical psychologists approved or
24designated by the Board, as a condition, term, or restriction
25for continued, reinstated, or renewed licensure to practice, or
26in lieu of care, counseling, or treatment, the Board may

 

 

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1recommend to the Department to file a complaint to immediately
2suspend, revoke, or otherwise discipline the license of the
3individual, or the Board may recommend to the Department to
4file a complaint to suspend, revoke, or otherwise discipline
5the license of the individual. Any individual whose license was
6granted pursuant to this Act, or continued, reinstated,
7renewed, disciplined, or supervised, subject to such
8conditions, terms, or restrictions, who shall fail to comply
9with such conditions, terms, or restrictions, shall be referred
10to the Secretary for a determination as to whether the
11individual shall have his or her license suspended immediately,
12pending a hearing by the Board.
13    (b) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code operates as an automatic suspension. The suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission
19and issues an order so finding and discharging the patient; and
20upon the recommendation of the Board to the Secretary that the
21licensee be allowed to resume his or her practice.
22(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09;
2396-1000, eff. 7-2-10.)