Illinois General Assembly - Full Text of SB0567
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Full Text of SB0567  102nd General Assembly




SB0567 EngrossedLRB102 04381 SPS 14399 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 Section 9 and by adding Section 15.4 as
7    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 9. Definitions. In this Act:
10        (1) "Department" means the Department of Financial and
11    Professional Regulation.
12        (2) "Secretary" means the Secretary of Financial and
13    Professional Regulation.
14        (3) "Board" means the Illinois Optometric Licensing
15    and Disciplinary Board appointed by the Secretary.
16        (4) "License" means the document issued by the
17    Department authorizing the person named thereon to
18    practice optometry.
19        (5) (Blank).
20        (6) "Direct supervision" means supervision of any
21    person assisting an optometrist, requiring that the
22    optometrist authorize the procedure, remain in the
23    facility while the procedure is performed, approve the



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1    work performed by the person assisting before dismissal of
2    the patient, but does not mean that the optometrist must
3    be present with the patient, during the procedure. For the
4    dispensing of contact lenses, "direct supervision" means
5    that the optometrist is responsible for training the
6    person assisting the optometrist in the dispensing or sale
7    of contact lenses, but does not mean that the optometrist
8    must be present in the facility where he or she practices
9    under a license or ancillary registration at the time the
10    contacts are dispensed or sold. For the practice of
11    optometry through telehealth, "direct supervision" means
12    supervision by an optometrist of any person located at a
13    remote location who is assisting an optometrist with
14    procedures or optometric services administered to a
15    patient at the remote location when the optometrist is at
16    a distant site.
17        (7) "Address of record" means the designated address
18    recorded by the Department in the applicant's application
19    file or the licensee's license file maintained by the
20    Department's licensure maintenance unit.
21        (8) "Remote location" means the site at which the
22    patient is located at the time optometric services are
23    rendered through telehealth to that patient.
24        (9) "Distant site" means the location in Illinois from
25    which an optometrist is rendering services through
26    telehealth.



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1        (10) "Interactive telecommunications system" means an
2    audio and video system permitting 2-way, real-time
3    interactive communication between a patient located at a
4    remote location and an optometrist located at a distant
5    site.
6        (11) "Telehealth" means the evaluation, diagnosis, or
7    interpretation of patient-specific data that is
8    transmitted by way of an interactive telecommunication
9    system between a remote location and an optometrist
10    located at a distant site that generates interaction or
11    treatment recommendations for a patient located at a
12    remote location. "Telehealth" includes the performance of
13    any of the activities set forth in Sections 3 and 15.1.
14(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)
15    (225 ILCS 80/15.4 new)
16    Sec. 15.4. Telehealth.
17    (a) The General Assembly finds and declares that, because
18of technological advances and changing practice patterns, the
19practice of optometry is occurring more frequently across
20increasing distances within the State of Illinois and that
21certain technological advances in the practice of optometry
22are in the public interest. The General Assembly further finds
23and declares that the practice of optometry is a privilege and
24that the licensure by this State of practitioners outside this
25State engaging in the practice of optometry within this State



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1and the ability to discipline those practitioners is necessary
2for the protection of the public health, welfare, and safety.
3    (b) An optometrist may practice optometry through
4telehealth as authorized by this Act and the Telehealth Act.
5If there is any conflict between the provisions of this Act and
6the provisions of the Telehealth Act, the provisions of this
7Act control.
8    (c) An optometrist treating a patient located in this
9State through telehealth must be licensed under this Act.
10    (d) An optometrist practicing optometry through telehealth
11is subject to the same standard of care and practice standards
12that are applicable to optometric services provided in a
13clinic or office setting.
14    (e) An optometrist may not provide telehealth services
15unless the optometrist has established a provider-patient
16relationship with the patient. In this subsection,
17"provider-patient relationship" means a relationship in which
18the optometrist has provided services to the patient at an
19in-person consultation no more than 3 years prior to the date
20on which telehealth services are provided. An in-person
21consultation is not required for new conditions relating to a
22patient with whom the optometrist has a provider-patient
23relationship unless the optometrist deems an in-person
24consultation is necessary to provide appropriate care. An
25optometrist may treat a patient through telehealth in the
26absence of a provider-patient relationship when, in the



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1professional judgment of the optometrist, emergency care is
3    (f) An optometrist treating a patient through telehealth
4must perform at least a minimum eye examination as required by
568 Ill. Adm. Code 1320.90 before prescribing eyeglasses or
6contact lenses to the patient. Nothing in this Section
7authorizes an eye examination that: (i) does not assess the
8ocular health and visual status of a patient, or (ii) consists
9solely of objective refractive data or information generated
10by an automated testing device, including an autorefractor, in
11order to establish a medical diagnosis or to determine a
12refractive error.
13    (g) A person who engages in the practice of optometry
14through telehealth without a license issued under this Act
15shall be subject to discipline or penalties provided in
16Sections 24 and 26.1.
17    (h) If the Department has reason to believe that a person
18has violated this Section, the Department may issue a rule to
19show cause why an order to cease and desist should not be
20entered against that person. The rule shall clearly set forth
21the grounds relied upon by the Department and shall provide a
22period of 7 days from the date of the rule to file an answer to
23the satisfaction of the Department. Failure to answer to the
24satisfaction of the Department shall cause an order to cease
25and desist to be issued immediately.