Full Text of SB2899 99th General Assembly
SB2899eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.27 and adding Section 4.37 as follows: | 6 | | (5 ILCS 80/4.27) | 7 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
| 8 | | are repealed on January 1, 2017:
| 9 | | The Illinois Optometric Practice Act of 1987. | 10 | | The Clinical Psychologist Licensing Act. | 11 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 12 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, | 13 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 14 | | (Source: P.A. 99-78, eff. 7-20-15.) | 15 | | (5 ILCS 80/4.37 new) | 16 | | Sec. 4.37. Act repealed on January 1, 2027. The following | 17 | | Act is repealed on January 1, 2027: | 18 | | The Optometric Practice Act of 1984. | 19 | | Section 10. The Illinois Optometric Practice Act of 1987 is | 20 | | amended by changing the title of the Act and Sections 3, 9, 10, | 21 | | 11, 14, 15.1, 18, 20, 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15, |
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| 1 | | and 27 and by adding Sections 9.5 and 30 as follows:
| 2 | | (225 ILCS 80/3) (from Ch. 111, par. 3903)
| 3 | | (Section scheduled to be repealed on January 1, 2017)
| 4 | | Sec. 3. Practice of optometry defined; referrals; | 5 | | manufacture of lenses
and prisms. | 6 | | (a) The practice of optometry is defined as the employment | 7 | | of any
and all means for the examination, diagnosis, and | 8 | | treatment of the human
visual system, the human eye, and its | 9 | | appendages without the use of
surgery, including , but not | 10 | | limited to: the appropriate
use of ocular
pharmaceutical | 11 | | agents; refraction and other determinants of visual function;
| 12 | | prescribing corrective lenses or prisms; prescribing, | 13 | | dispensing, or management
of contact lenses; vision therapy; | 14 | | visual rehabilitation; or any other
procedures taught in | 15 | | schools and colleges of optometry approved by the
Department, | 16 | | and not specifically restricted in this Act, subject to
| 17 | | demonstrated competency and training as required by the Board, | 18 | | and pursuant
to rule or regulation approved by the Board and | 19 | | adopted by
the Department.
| 20 | | A person shall be deemed to be practicing optometry within | 21 | | the meaning of
this Act who:
| 22 | | (1) In any way presents himself or herself to be | 23 | | qualified to
practice optometry.
| 24 | | (2) Performs refractions or employs any other | 25 | | determinants of
visual function.
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| 1 | | (3) Employs any means for the adaptation of lenses or | 2 | | prisms.
| 3 | | (4) Prescribes corrective lenses, prisms, vision | 4 | | therapy,
visual rehabilitation, or ocular pharmaceutical | 5 | | agents.
| 6 | | (5) Prescribes or manages contact lenses for | 7 | | refractive,
cosmetic, or therapeutic purposes.
| 8 | | (6) Evaluates the need for, or prescribes, low vision | 9 | | aids to
partially sighted persons.
| 10 | | (7) Diagnoses or treats any ocular abnormality, | 11 | | disease, or
visual or muscular anomaly of the human eye or | 12 | | visual system.
| 13 | | (8) Practices, or offers or attempts to practice, | 14 | | optometry as defined in
this Act either on his or her own | 15 | | behalf or as an employee
of a person, firm,
or corporation, | 16 | | whether under the supervision of his or her employer or | 17 | | not. | 18 | | Nothing in this Section shall be interpreted (A) (i) to | 19 | | prevent a person from
functioning as an assistant under the | 20 | | direct supervision of a person licensed
by the State of | 21 | | Illinois to practice optometry or medicine in all of its
| 22 | | branches or (B) (ii) to prohibit visual screening programs that
| 23 | | are conducted without a fee (other than voluntary donations), | 24 | | by
charitable organizations
acting in the public welfare under
| 25 | | the supervision of a committee composed of persons licensed by | 26 | | the State of
Illinois to practice optometry or persons licensed |
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| 1 | | by the State of Illinois
to practice medicine in all of its | 2 | | branches.
| 3 | | (b) When, in the course of providing optometric services to | 4 | | any person,
an optometrist licensed under this Act finds an | 5 | | indication of a disease or
condition of the eye which in his or | 6 | | her professional judgment requires
professional service | 7 | | outside the scope of practice as defined in this Act,
he or she | 8 | | shall refer such person to a physician licensed to practice | 9 | | medicine
in all of its branches, or other appropriate health | 10 | | care practitioner.
Nothing in this Act shall preclude an | 11 | | optometrist from rendering appropriate nonsurgical
emergency | 12 | | care.
| 13 | | (c) Nothing contained in this Section shall prohibit a | 14 | | person from
manufacturing ophthalmic lenses and prisms or the | 15 | | fabrication
of contact lenses according to the specifications | 16 | | prescribed by an optometrist
or a physician licensed to | 17 | | practice medicine in all of its branches, but shall
| 18 | | specifically prohibit (1) the sale or delivery of ophthalmic
| 19 | | lenses, prisms, and contact lenses without a prescription | 20 | | signed by an
optometrist or a physician licensed to practice | 21 | | medicine in all of its
branches and (2) the dispensing of | 22 | | contact lenses by anyone other than a licensed optometrist, | 23 | | licensed pharmacist, or a physician licensed to practice | 24 | | medicine in all of its branches. For the purposes of this Act, | 25 | | "contact lenses" include, but are not limited to, contact | 26 | | lenses with prescriptive power and decorative and plano power |
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| 1 | | contact lenses. Nothing in this Section shall prohibit the sale | 2 | | of contact lenses by an optical firm or corporation primarily | 3 | | engaged in manufacturing or dealing in eyeglasses or contact | 4 | | lenses with an affiliated optometrist who practices and is | 5 | | licensed or has an ancillary registration for the location | 6 | | where the sale occurs.
| 7 | | (d) Nothing in this Act shall restrict the filling of a | 8 | | prescription by a
pharmacist licensed under the Pharmacy | 9 | | Practice Act. | 10 | | (e) Nothing in this Act shall be construed to restrict the | 11 | | dispensing and sale by an optometrist of ocular devices, such | 12 | | as contact lenses, that contain and deliver ocular | 13 | | pharmaceutical agents permitted for use or prescription under | 14 | | this Act.
| 15 | | (f) Nothing in this Act shall prohibit an optometrist from: | 16 | | (1) the probing, dilation, and irrigation of the lacrimal ducts | 17 | | or insertion and removal of lacrimal plugs; (2) removal of a | 18 | | superficial foreign body; (3) suture removal; (4) removal of | 19 | | eyelashes; (5) removal, destruction, or drainage of | 20 | | superficial lesions and conjunctival cysts, including | 21 | | chalazion; (6) corneal debridement, culture, scrape, or | 22 | | anterior puncture, not including removal of pterygium, corneal | 23 | | biopsy, or corneal neoplasias; and (7) corneal shaping with | 24 | | external devices, such as contact lenses. | 25 | | Removal, destruction, or drainage of superficial lesions | 26 | | and conjunctival cysts and corneal debridement, culture, |
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| 1 | | scrape, or anterior puncture are only permitted by an | 2 | | optometrist who meets the educational requirements established | 3 | | by the Department in rule, which shall include both clinical | 4 | | training and didactic education. | 5 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 6 | | (225 ILCS 80/9) (from Ch. 111, par. 3909)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 9. Definitions. In this Act:
| 9 | | (1) "Department" means the Department of Financial and
| 10 | | Professional
Regulation.
| 11 | | (2) "Secretary" means the Secretary
of Financial and | 12 | | Professional Regulation.
| 13 | | (3) "Board" means the Illinois Optometric
Licensing | 14 | | and
Disciplinary
Board appointed by the Secretary.
| 15 | | (4) "License" means the document issued by the | 16 | | Department
authorizing the
person named thereon to | 17 | | practice optometry.
| 18 | | (5) (Blank).
| 19 | | (6) "Direct supervision" means supervision of any | 20 | | person
assisting
an
optometrist, requiring that the | 21 | | optometrist authorize the procedure, remain
in the | 22 | | facility while the procedure is performed, approve the work
| 23 | | performed by the person assisting before dismissal of the | 24 | | patient, but does
not mean that the optometrist must be | 25 | | present with the patient, during the
procedure. For the |
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| 1 | | dispensing of contact lenses, "direct supervision" means | 2 | | that the optometrist is responsible for training the person | 3 | | assisting the optometrist in the dispensing or sale of | 4 | | contact lenses, but does not mean that the optometrist must | 5 | | be present in the facility where he or she practices under | 6 | | a license or ancillary registration at the time the | 7 | | contacts are dispensed or sold.
| 8 | | (7) "Address of record" means the designated address | 9 | | recorded by the Department in the applicant's application | 10 | | file or the licensee's license file maintained by the | 11 | | Department's licensure maintenance unit. | 12 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 13 | | (225 ILCS 80/9.5 new) | 14 | | Sec. 9.5. Change of address. It is the duty of the | 15 | | applicant or licensee to inform the Department of any change of | 16 | | address within 14 days after such change either through the | 17 | | Department's website or by contacting the Department's | 18 | | licensure maintenance unit.
| 19 | | (225 ILCS 80/10) (from Ch. 111, par. 3910)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 10. Powers and duties of Department; rules; report. | 22 | | The Department
shall exercise the powers and duties
prescribed | 23 | | by the Civil Administrative Code of Illinois for the
| 24 | | administration of Licensing Acts and shall exercise such other |
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| 1 | | powers and
duties necessary for effectuating the purpose of | 2 | | this Act.
| 3 | | The Secretary shall promulgate Rules consistent with the | 4 | | provisions of
this Act, for the administration and enforcement | 5 | | thereof and may prescribe
forms that shall be issued in | 6 | | connection therewith. The rules
shall
include standards and | 7 | | criteria for licensure and certification, and
professional | 8 | | conduct and discipline.
| 9 | | The Department shall consult with the Board in promulgating
| 10 | | rules.
Notice of proposed rulemaking shall be transmitted to | 11 | | the Board and the
Department shall review the Board's responses | 12 | | and any
recommendations
made therein. The Department shall | 13 | | notify the Board in
writing with
explanations of deviations | 14 | | from the Board's recommendations
and
responses. The Department | 15 | | may solicit the advice of the Board on any
matter relating to | 16 | | the administration and enforcement of this Act.
| 17 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 18 | | (225 ILCS 80/11) (from Ch. 111, par. 3911)
| 19 | | (Section scheduled to be repealed on January 1, 2017)
| 20 | | Sec. 11. Optometric Licensing and Disciplinary Board. The | 21 | | Secretary shall
appoint an Illinois Optometric Licensing
and | 22 | | Disciplinary Board as follows: Seven persons who shall be
| 23 | | appointed
by and shall serve in an advisory capacity to the | 24 | | Secretary. Five members
must be lawfully and actively engaged | 25 | | in the practice of optometry in this
State, one member shall be |
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| 1 | | a licensed optometrist, with a full-time faculty appointment | 2 | | with the
Illinois College of
Optometry, and one member must be | 3 | | a member of the public who shall be a
voting member and is not | 4 | | licensed under this Act, or a
similar Act of
another | 5 | | jurisdiction, or have any connection with the profession. | 6 | | Neither
the public member nor the faculty member shall | 7 | | participate in the
preparation or administration of the | 8 | | examination of applicants for
licensure.
| 9 | | Members shall serve 4-year terms and until their successors
| 10 | | are appointed
and qualified. No member shall be appointed to
| 11 | | the Board for more than 2 successive 4-year terms, not counting | 12 | | any partial
terms when appointed to fill the unexpired portion | 13 | | of a vacated term. Appointments to
fill
vacancies shall be made | 14 | | in the same manner as original appointments, for
the unexpired | 15 | | portion of the vacated term.
| 16 | | The Board shall annually elect a chairperson and a
| 17 | | vice-chairperson, both of whom shall be licensed optometrists.
| 18 | | The membership of the Board should reasonably reflect
| 19 | | representation
from the geographic areas in this State.
| 20 | | A majority of the Board members currently appointed shall | 21 | | constitute a
quorum. A vacancy in the membership of the Board | 22 | | shall not impair the right of
a quorum to perform all of the | 23 | | duties of the Board.
| 24 | | The Secretary may terminate the appointment of any member | 25 | | for cause.
| 26 | | The members of the Board shall be reimbursed for all |
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| 1 | | authorized legitimate and necessary expenses incurred in | 2 | | attending the meetings of the Board. | 3 | | Members of the Board shall have no liability in any action | 4 | | based upon any disciplinary proceeding or other activity | 5 | | performed in good faith as a member of the Board. | 6 | | The Secretary shall give due consideration to all | 7 | | recommendations of the
Board , and in the event that the | 8 | | Secretary disagrees with or
takes
action contrary to the | 9 | | recommendation of the Board, he or
she shall provide
the Board | 10 | | with a written and specific explanation of this
action. None
of | 11 | | the functions, powers or duties of the Department with respect | 12 | | to
policy matters relating to licensure, discipline, and | 13 | | examination,
including the promulgation of such rules as may
be | 14 | | necessary for the administration of this Act, shall be | 15 | | exercised by the
Department except upon review of the Board .
| 16 | | Without, in any manner, limiting the power of the | 17 | | Department to conduct
investigations, the Board may recommend | 18 | | to the Secretary that
one or more
licensed optometrists be | 19 | | selected by the Secretary to conduct or assist in any
| 20 | | investigation pursuant to this Act. Such licensed optometrist | 21 | | may receive
remuneration as determined by the Secretary.
| 22 | | (Source: P.A. 96-270, eff. 1-1-10.)
| 23 | | (225 ILCS 80/14) (from Ch. 111, par. 3914)
| 24 | | (Section scheduled to be repealed on January 1, 2017)
| 25 | | Sec. 14. A person shall be qualified for initial licensure |
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| 1 | | as an optometrist
if that person has applied in writing in form | 2 | | and substance satisfactory to
the Department and who:
| 3 | | (1) (blank) has not been convicted of any of the provisions | 4 | | of Section 24 of
this Act which would be grounds for discipline | 5 | | under this Act ;
| 6 | | (2) has graduated, after January 1, 1994, from a program of | 7 | | optometry education approved by the
Department or has | 8 | | graduated, prior to January 1, 1994, and has met substantially | 9 | | equivalent criteria established by the Department;
| 10 | | (3) (blank); and
| 11 | | (4) has met all examination requirements including the | 12 | | passage of a
nationally recognized examination authorized by | 13 | | the Department. Each
applicant shall be tested on theoretical | 14 | | knowledge and clinical practice
skills.
| 15 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 16 | | (225 ILCS 80/15.1)
| 17 | | (Section scheduled to be repealed on January 1, 2017)
| 18 | | Sec. 15.1. Diagnostic and therapeutic authority.
| 19 | | (a) For purposes of the Act, "ocular pharmaceutical
agents" | 20 | | means topical anesthetics, topical mydriatics, topical
| 21 | | cycloplegics, topical miotics and mydriatic reversing agents, | 22 | | anti-infective agents,
anti-allergy agents,
anti-glaucoma | 23 | | agents (except oral carbonic anhydrase inhibitors, which may be | 24 | | prescribed only in a quantity sufficient to provide treatment | 25 | | for up to 72 hours),
anti-inflammatory agents (except oral |
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| 1 | | steroids), over-the-counter agents, analgesic
agents, anti-dry | 2 | | eye agents, and agents for the treatment of hypotrichosis. | 3 | | (a-3) In addition to ocular pharmaceutical agents that fall | 4 | | within the categories set forth in subsection (a) of this | 5 | | Section, the Board may add a pharmaceutical agent approved by | 6 | | the FDA or class of agents for the purpose of the diagnosis or | 7 | | treatment of conditions of the eye and adnexa after | 8 | | consideration of the agent's systemic effects, side effects, | 9 | | and the use of the agent within the practice of optometry. The | 10 | | Board shall consider requests for additional agents and make | 11 | | recommendations within 90 days after the receipt of the | 12 | | request. | 13 | | Within 45 days after the Board's recommendation to the | 14 | | Department of a pharmaceutical agent or class of agents, the | 15 | | Department shall promulgate rules necessary to allow for the | 16 | | prescribing or administering of the pharmaceutical agent or | 17 | | class of agents under this Act. | 18 | | (a-5) Ocular pharmaceutical agents may be administered by | 19 | | subcutaneous, subconjunctival, and intramuscular injections by | 20 | | an optometrist who meets the educational requirements | 21 | | established by the Department by rule, which shall include both | 22 | | clinical training and didactic education. Retrobulbar, | 23 | | intraocular, and botulinum injections are not permitted. | 24 | | Intramuscular injections may be administered by injection may | 25 | | be used only for the treatment of anaphylaxis. | 26 | | (a-10) Oral pharmaceutical agents may be prescribed for a |
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| 1 | | child under 5 years of age only in consultation with a | 2 | | physician licensed to practice medicine in all its branches. | 3 | | (a-15) The authority to prescribe a Schedule III, IV, or V | 4 | | controlled substance shall include analgesic agents only in a | 5 | | quantity sufficient to provide treatment for up to 72 hours. | 6 | | The prescription of a Schedule II controlled substance is | 7 | | prohibited, except for Dihydrocodeinone (Hydrocodone) with one | 8 | | or more active, non-narcotic ingredients only in a quantity | 9 | | sufficient to provide treatment for up to 72 hours, and only if | 10 | | such formulations of Dihydrocodeinone are reclassified as | 11 | | Schedule II by federal regulation.
| 12 | | (b) A licensed optometrist may remove superficial foreign | 13 | | bodies from the human eye and adnexa and may give orders for | 14 | | patient care to a nurse or other health care provider licensed | 15 | | to practice under Illinois law.
| 16 | | (c) An optometrist's license shall be revoked or suspended | 17 | | by the Department
upon recommendation of the Board based upon | 18 | | either of the
following causes: | 19 | | (1) grave or repeated misuse of any ocular
| 20 | | pharmaceutical agent; and | 21 | | (2) the use of any agent or procedure in the course of | 22 | | optometric practice
by an optometrist not properly | 23 | | authorized under this Act. | 24 | | (d) The Secretary of Financial and Professional Regulation | 25 | | shall notify
the Director of Public Health as to the categories | 26 | | of ocular
pharmaceutical agents permitted for use by an |
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| 1 | | optometrist. The Director of Public Health shall in turn
notify | 2 | | every licensed pharmacist in the State of the categories of | 3 | | ocular
pharmaceutical agents that can be utilized and | 4 | | prescribed by an optometrist.
| 5 | | (Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
| 6 | | (225 ILCS 80/18) (from Ch. 111, par. 3918)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 18. Endorsement. The Department may, in its | 9 | | discretion, license as
an
optometrist, without examination on | 10 | | payment of the required fee, an
applicant who is so licensed | 11 | | under the laws of another state or U.S. jurisdiction of the | 12 | | United States. The Department may issue a license, upon payment | 13 | | of the required fee and recommendation of the Board, to an | 14 | | individual applicant who is licensed in any foreign country or | 15 | | province whose standards, in the opinion of the Board or | 16 | | Department ,
if the requirements for licensure in the | 17 | | jurisdiction in which the
applicant was licensed, were, at the | 18 | | date of his or her licensure,
substantially
equivalent to the | 19 | | requirements then in force in this State;
or if the applicant | 20 | | possesses individual qualifications and skills which
| 21 | | demonstrate substantial equivalence to current Illinois | 22 | | requirements.
| 23 | | Applicants have 3 years from the date of application to | 24 | | complete the
application process. If the process has not been | 25 | | completed in 3 years, the
application shall be denied, the fee |
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| 1 | | forfeited and the applicant must
reapply and meet the | 2 | | requirements in effect at the time of reapplication.
| 3 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 4 | | (225 ILCS 80/20) (from Ch. 111, par. 3920)
| 5 | | (Section scheduled to be repealed on January 1, 2017)
| 6 | | Sec. 20. Fund. All moneys received by the Department | 7 | | pursuant to this
Act
shall be deposited in the Optometric | 8 | | Licensing and Disciplinary Board
Fund, which is hereby created | 9 | | as a special fund in the State Treasury, and
shall be used for | 10 | | the administration of this Act, including: (a) by
the Board and | 11 | | Department in the exercise of its powers and performance of
its | 12 | | duties ,
as such use is made by the Department with full | 13 | | consideration of all
recommendations of the Board ; (b) for
| 14 | | costs directly related to license renewal of persons licensed | 15 | | under this Act;
and (c) for direct and allocable indirect costs | 16 | | related to the
public purposes
of the Department of Financial | 17 | | and Professional Regulation.
Subject to appropriation, moneys | 18 | | in the Optometric Licensing and
Disciplinary Board Fund may be | 19 | | used for
the
Optometric Education Scholarship Program | 20 | | administered by the Illinois Student
Assistance Commission | 21 | | pursuant to Section 65.70 of the Higher Education Student
| 22 | | Assistance Act.
| 23 | | Moneys in the Fund may be transferred to the Professions | 24 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 25 | | Department of
Professional Regulation Law (20 ILCS |
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| 1 | | 2105/2105-300).
| 2 | | Money in the Optometric Licensing and Disciplinary Board
| 3 | | Fund may be
invested and reinvested, with all earnings received | 4 | | from such investment to
be deposited in the Optometric | 5 | | Licensing and Disciplinary Board Fund
and used for the same | 6 | | purposes as fees deposited in such fund.
| 7 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 8 | | (225 ILCS 80/21) (from Ch. 111, par. 3921)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 21. The Department shall maintain a roster of the | 11 | | names and
addresses of all licensees
and of all persons whose
| 12 | | licenses have been suspended or revoked . This roster shall
be | 13 | | available upon written request and payment of the required fee.
| 14 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 15 | | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 16 | | (Section scheduled to be repealed on January 1, 2017)
| 17 | | Sec. 24. Grounds for disciplinary action.
| 18 | | (a) The Department may refuse to issue or to renew, or may
| 19 | | revoke, suspend, place on probation, reprimand or take other
| 20 | | disciplinary or non-disciplinary action as the Department may | 21 | | deem appropriate, including fines not
to exceed $10,000 for | 22 | | each violation, with regard to any license for any one or | 23 | | combination of the causes set forth in subsection (a-3) of this | 24 | | Section. All fines collected under this Section shall be |
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| 1 | | deposited in the Optometric Licensing and Disciplinary Board | 2 | | Fund. Any fine imposed shall be payable within 60 days after | 3 | | the effective date of the order imposing the fine.
| 4 | | (a-3) Grounds for disciplinary action include the | 5 | | following: | 6 | | (1) Violations of this Act, or of the rules promulgated
| 7 | | hereunder.
| 8 | | (2) Conviction of or entry of a plea of guilty to any | 9 | | crime under the laws of any U.S. jurisdiction
thereof that | 10 | | is a felony or that is a misdemeanor of which an essential | 11 | | element
is dishonesty, or any crime that is directly | 12 | | related to the practice of the
profession.
| 13 | | (3) Making any misrepresentation for the purpose of | 14 | | obtaining a
license.
| 15 | | (4) Professional incompetence or gross negligence in | 16 | | the
practice of optometry.
| 17 | | (5) Gross malpractice, prima facie evidence
of which | 18 | | may be a conviction or judgment of
malpractice in any court | 19 | | of competent jurisdiction.
| 20 | | (6) Aiding or assisting another person in violating any
| 21 | | provision of this Act or rules.
| 22 | | (7) Failing, within 60 days, to provide information in | 23 | | response
to a
written request made by the Department that | 24 | | has been sent by
certified or
registered mail to the | 25 | | licensee's last known address.
| 26 | | (8) Engaging in dishonorable, unethical, or |
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| 1 | | unprofessional
conduct of a
character likely to deceive, | 2 | | defraud, or harm the public.
| 3 | | (9) Habitual or excessive use or addiction to alcohol,
| 4 | | narcotics,
stimulants or any other chemical agent or drug | 5 | | that results in
the
inability to practice with reasonable | 6 | | judgment, skill, or safety.
| 7 | | (10) Discipline by another U.S. jurisdiction or | 8 | | foreign
nation, if at
least one of the grounds for the | 9 | | discipline is the same or substantially
equivalent to those | 10 | | set forth herein.
| 11 | | (11) Violation of the prohibition against fee | 12 | | splitting in Section 24.2 of this Act.
| 13 | | (12) A finding by the Department that the licensee, | 14 | | after
having his or
her
license placed on probationary | 15 | | status has violated the terms of
probation.
| 16 | | (13) Abandonment of a patient.
| 17 | | (14) Willfully making or filing false records or | 18 | | reports in
his or her
practice,
including but not limited | 19 | | to false records filed with State agencies or
departments.
| 20 | | (15) Willfully failing to report an instance of | 21 | | suspected
abuse or
neglect as required by law.
| 22 | | (16) Physical illness, including but not limited to,
| 23 | | deterioration
through the aging process, or loss of motor | 24 | | skill, mental illness, or
disability that results in the
| 25 | | inability to practice the profession with reasonable | 26 | | judgment, skill,
or safety.
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| 1 | | (17) Solicitation of professional services other than
| 2 | | permitted
advertising.
| 3 | | (18) Failure to provide a patient with a copy of his or
| 4 | | her record or
prescription in accordance with federal law.
| 5 | | (19) Conviction by any court of competent | 6 | | jurisdiction, either
within or
without this State, of any | 7 | | violation of any law governing the practice of
optometry, | 8 | | conviction in this or another State of any crime that
is a
| 9 | | felony under the laws of this State or conviction of a | 10 | | felony in a federal
court, if the Department determines, | 11 | | after investigation, that such person
has not been | 12 | | sufficiently rehabilitated to warrant the public trust.
| 13 | | (20) A finding that licensure has been applied for or | 14 | | obtained
by
fraudulent means.
| 15 | | (21) Continued practice by a person knowingly having an
| 16 | | infectious
or contagious
disease.
| 17 | | (22) Being named as a perpetrator in an indicated | 18 | | report by
the
Department of Children and Family Services | 19 | | under the Abused and
Neglected Child Reporting Act, and | 20 | | upon proof by clear and
convincing evidence that the | 21 | | licensee has caused a child to be an abused
child or a | 22 | | neglected child as defined in the Abused and Neglected | 23 | | Child
Reporting Act.
| 24 | | (23) Practicing or attempting to practice under a name | 25 | | other
than the
full name as shown on his or her license.
| 26 | | (24) Immoral conduct in the commission of any act, such |
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| 1 | | as
sexual abuse,
sexual misconduct or sexual exploitation, | 2 | | related to the licensee's
practice.
| 3 | | (25) Maintaining a professional relationship with any | 4 | | person,
firm, or
corporation when the optometrist knows, or | 5 | | should know, that such person,
firm, or corporation is | 6 | | violating this Act.
| 7 | | (26) Promotion of the sale of drugs, devices, | 8 | | appliances or
goods
provided for a client or patient in | 9 | | such manner as to exploit the patient
or client for | 10 | | financial gain of the licensee.
| 11 | | (27) Using the title "Doctor" or its abbreviation | 12 | | without
further
qualifying that title or abbreviation with | 13 | | the word "optometry" or
"optometrist".
| 14 | | (28) Use by a licensed optometrist of the
word
| 15 | | "infirmary",
"hospital", "school", "university", in | 16 | | English or any other
language, in connection with the place | 17 | | where optometry may be practiced or
demonstrated unless the | 18 | | licensee is employed by and practicing at a location that | 19 | | is licensed as a hospital or accredited as a school or | 20 | | university.
| 21 | | (29) Continuance of an optometrist in the employ of any
| 22 | | person, firm or
corporation, or as an assistant to any | 23 | | optometrist or optometrists,
directly or indirectly, after | 24 | | his or her employer or superior has been
found
guilty of | 25 | | violating or has been enjoined from violating the laws of | 26 | | the
State of Illinois relating to the practice of |
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| 1 | | optometry, when the employer
or superior persists in that | 2 | | violation.
| 3 | | (30) The performance of optometric service in | 4 | | conjunction with
a scheme
or plan with another person, firm | 5 | | or corporation known to be advertising in
a manner contrary | 6 | | to this Act or otherwise violating the laws of the State of
| 7 | | Illinois concerning the practice of optometry.
| 8 | | (31) Failure to provide satisfactory proof of having
| 9 | | participated in
approved continuing education programs as | 10 | | determined by the Board and
approved by the Secretary. | 11 | | Exceptions for extreme hardships are to be
defined by the | 12 | | rules of the Department.
| 13 | | (32) Willfully making or filing false records or | 14 | | reports in
the practice
of optometry, including, but not | 15 | | limited to false records to support claims
against the | 16 | | medical assistance program of the Department of Healthcare | 17 | | and Family Services (formerly Department of Public Aid)
| 18 | | under the Illinois Public Aid Code.
| 19 | | (33) Gross and willful overcharging for professional | 20 | | services
including
filing false statements for collection | 21 | | of fees for which services are not
rendered, including, but | 22 | | not limited to filing false statements for
collection of | 23 | | monies for services not rendered from the medical | 24 | | assistance
program of the Department of Healthcare and | 25 | | Family Services (formerly Department of Public Aid) under | 26 | | the Illinois Public Aid
Code.
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| 1 | | (34) In the absence of good reasons to the contrary, | 2 | | failure
to perform a
minimum eye examination as required by | 3 | | the rules of the Department.
| 4 | | (35) Violation of the Health Care Worker Self-Referral | 5 | | Act.
| 6 | | The Department shall may refuse to issue or may suspend the | 7 | | license of any person who fails to file a return, or to pay the | 8 | | tax,
penalty or interest shown in a filed return, or to pay any | 9 | | final assessment
of the tax, penalty or interest, as required | 10 | | by any tax Act administered by
the Illinois Department of | 11 | | Revenue, until such time as the requirements of
any such tax | 12 | | Act are satisfied.
| 13 | | (a-5) In enforcing this Section, the Board or Department, | 14 | | upon a showing of a possible
violation, may compel any | 15 | | individual licensed to practice under this Act, or
who has | 16 | | applied for licensure or certification pursuant to this Act,
to | 17 | | submit to a
mental or physical
examination, or both, as | 18 | | required by and at the expense of the Department. The
examining | 19 | | physicians or clinical psychologists shall be those | 20 | | specifically
designated by the Department Board . The Board or | 21 | | the Department may order the examining
physician or clinical | 22 | | psychologist to present testimony concerning this mental
or | 23 | | physical examination of the licensee or applicant. No | 24 | | information shall be
excluded by reason of any common law or | 25 | | statutory privilege relating to
communications between the | 26 | | licensee or applicant and the examining physician or
clinical |
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| 1 | | psychologist. Eye examinations may be provided by a licensed
| 2 | | optometrist. The individual to be examined may have,
at his or | 3 | | her own expense, another physician of his or her choice present
| 4 | | during all aspects of the examination. Failure of any | 5 | | individual to submit to
a mental or physical examination, when | 6 | | directed, shall be grounds for
suspension of a license until | 7 | | such time as the individual submits to the
examination if the | 8 | | Board or Department finds, after notice and hearing, that the | 9 | | refusal to
submit to the examination was without reasonable | 10 | | cause.
| 11 | | If the Board or Department finds an individual unable to | 12 | | practice because of the reasons
set forth in this Section, the | 13 | | Board or Department shall require such individual to submit to
| 14 | | care, counseling, or treatment by physicians or clinical | 15 | | psychologists approved
or designated by the Department Board , | 16 | | as a condition, term, or restriction for continued,
reinstated, | 17 | | or renewed licensure to practice, or in lieu of care, | 18 | | counseling,
or treatment, the Board may recommend to the | 19 | | Department to file a complaint to immediately suspend, revoke, | 20 | | or otherwise discipline the
license of the individual, or the | 21 | | Board may recommend to the Department to file
a complaint to | 22 | | suspend, revoke, or otherwise discipline the license of the
| 23 | | individual. Any individual whose license was granted pursuant | 24 | | to this Act, or
continued, reinstated, renewed, disciplined, or | 25 | | supervised, subject to such
conditions, terms, or | 26 | | restrictions, who shall fail to comply with such
conditions, |
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| 1 | | terms, or restrictions, shall be referred to the Secretary for | 2 | | a
determination as to whether the individual shall have his or | 3 | | her license
suspended immediately, pending a hearing by the | 4 | | Board.
| 5 | | (b) The determination by a circuit court that a licensee is | 6 | | subject to
involuntary admission or judicial admission as | 7 | | provided in the Mental
Health and Developmental Disabilities | 8 | | Code operates as an
automatic suspension. The suspension will | 9 | | end only upon a finding by a
court that the patient is no | 10 | | longer subject to involuntary admission or
judicial admission | 11 | | and issues an order so finding and discharging the
patient; and | 12 | | upon the recommendation of the Board to the Secretary
that
the | 13 | | licensee be allowed to resume his or her practice.
| 14 | | (Source: P.A. 99-43, eff. 1-1-16 .)
| 15 | | (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
| 16 | | (Section scheduled to be repealed on January 1, 2017)
| 17 | | Sec. 26.2. Investigation; notice. The Department may | 18 | | investigate the
actions of any applicant
or of any person or | 19 | | persons holding or claiming to hold a license. The
Department | 20 | | shall, before suspending, revoking, placing on probationary
| 21 | | status, or taking any other disciplinary action as the | 22 | | Department may deem
proper with regard to any license, at least | 23 | | 30 days prior
to the date set for the hearing, notify the | 24 | | accused in writing of any
charges made and the time and place | 25 | | for a hearing of the charges before the
Board, direct him or |
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| 1 | | her to file his or her written
answer to the Board
under
oath | 2 | | within 20 days after the service on him or her of the notice | 3 | | and
inform him or her
that if he or she fails to file an answer | 4 | | default will be taken against
him or her and
his or her license | 5 | | may be suspended, revoked, placed on
probationary status, or | 6 | | have other disciplinary action, including limiting
the scope, | 7 | | nature or extent of his or her practice, as the Department may
| 8 | | deem
proper taken with regard thereto. The Such written notice | 9 | | and any notice in the subsequent proceeding may be served by
| 10 | | personal delivery or by regular or certified delivery or | 11 | | certified or registered mail to
the applicant's or licensee's | 12 | | address of record Department .
In case the person fails to file | 13 | | an answer after receiving notice, his or
her license may, in | 14 | | the discretion of the Department, be
suspended, revoked, or | 15 | | placed on probationary status, or the Department may
take | 16 | | whatever disciplinary action deemed proper, including limiting | 17 | | the
scope, nature, or extent of the person's practice or the | 18 | | imposition of a
fine, without a hearing, if the act or acts | 19 | | charged constitute sufficient
grounds for such action under | 20 | | this Act.
At the time and place fixed in the notice, the | 21 | | Department
shall proceed to hear the charges and the parties or | 22 | | their counsel shall be
accorded ample opportunity to present | 23 | | such statements, testimony, evidence
and argument as may be | 24 | | pertinent to the charges or to their
defense.
The Department | 25 | | may continue the hearing from time to time.
At the discretion | 26 | | of the Secretary after having first received the
recommendation |
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| 1 | | of the Board, the accused person's license may
be suspended,
| 2 | | revoked, placed on probationary status, or whatever | 3 | | disciplinary action as
the Secretary may deem proper, including | 4 | | limiting the scope, nature,
or extent of
said person's | 5 | | practice, without a hearing, if the act or acts charged
| 6 | | constitute sufficient grounds for such action under this Act.
| 7 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 8 | | (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 26.6. Findings of fact, conclusions of law, and | 11 | | recommendations.
At
the conclusion of the hearing the Board | 12 | | shall
present to the Secretary a written report of its findings | 13 | | of fact,
conclusions of law and recommendations. The report | 14 | | shall contain a finding
whether or not the accused person | 15 | | violated this Act or failed to comply
with the conditions | 16 | | required in this Act. The Board shall
specify the
nature of the | 17 | | violation or failure to comply, and shall make its
| 18 | | recommendations to the Secretary.
| 19 | | The report of findings of fact, conclusions of law and | 20 | | recommendations of
the Board shall be the basis for the | 21 | | Department's order.
If the Secretary disagrees in any
regard | 22 | | with the report of the Board, the Secretary may issue
an order | 23 | | in
contravention thereof. The Secretary
shall provide within 60 | 24 | | days of taking
such action a written report to the
Board on any | 25 | | such deviation, and shall specify with
particularity the
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| 1 | | reasons for said action in the final order. The finding is not | 2 | | admissible
in evidence against the person in a criminal | 3 | | prosecution brought for the
violation of this Act, but the | 4 | | hearing and findings are not a bar to a
criminal prosecution | 5 | | brought for the violation of this Act.
| 6 | | At any point in any investigation or disciplinary | 7 | | proceeding provided for in this Act, both parties may agree to | 8 | | a negotiated consent order. The consent order shall be final | 9 | | upon the signature of the Secretary. | 10 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 11 | | (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 26.7. Hearing officer. Notwithstanding the provisions | 14 | | of Section
26.6 of this
Act, the Secretary shall have the | 15 | | authority to appoint any attorney duly
licensed to practice law | 16 | | in the State of Illinois to serve as the hearing
officer in any | 17 | | action for discipline of a
license. The Secretary
shall notify | 18 | | the Board of any such
appointment. The hearing officer shall | 19 | | have full authority to conduct the
hearing. The Board shall | 20 | | have the right to have at least one
member
present at any | 21 | | hearing conducted by such hearing officer. The hearing
officer | 22 | | shall report his or her findings of fact, conclusions
of law | 23 | | and recommendations to the Board and the Secretary.
The Board | 24 | | shall have 60 days from receipt of the report to
review the
| 25 | | report of the hearing officer and present its findings of fact,
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| 1 | | conclusions of law and recommendations to the Secretary. If the | 2 | | Board
fails to present its report within the 60 day period, the | 3 | | Secretary shall
issue an order based on the report of the | 4 | | hearing officer. If the Secretary
disagrees in any regard with | 5 | | the report of the Board or
hearing
officer, he or she may issue | 6 | | an order in contravention thereof. The
Secretary
shall provide | 7 | | a written explanation to the Board on any such
deviation, and | 8 | | shall specify with particularity the reasons for such action
in | 9 | | the final order.
| 10 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 11 | | (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 26.8. Service of report; rehearing; order. In any case | 14 | | involving
the
discipline of a license, a copy of the Board's | 15 | | and hearing officer's report shall
be served
upon the | 16 | | respondent by the Department, either personally or as provided | 17 | | in
this Act for the service of the notice of hearing. Within 20 | 18 | | days after
such service, the respondent may present to the | 19 | | Department a motion in
writing for a rehearing, which motion | 20 | | shall specify the particular grounds
therefor. If no motion for | 21 | | rehearing is filed, then upon the expiration of
the time | 22 | | specified for filing such a motion, or if a motion for | 23 | | rehearing
is denied, then upon such denial the Secretary may | 24 | | enter an order in
accordance with this Act.
If the respondent | 25 | | shall order from the reporting service, and pay for a
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| 1 | | transcript of the record within the time for filing a motion | 2 | | for rehearing,
the 20 day period within which such a motion may | 3 | | be filed shall commence
upon the delivery of the transcript to | 4 | | the respondent.
| 5 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 6 | | (225 ILCS 80/26.15) (from Ch. 111, par. 3926.15)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 26.15. Certification of record. The Department shall | 9 | | not be
required to certify any
record to the Court or file any | 10 | | answer in court or otherwise appear in any
court in a judicial | 11 | | review proceeding, unless and until the Department has received | 12 | | from the plaintiff there is filed in the court,
with the | 13 | | complaint, a receipt from the Department acknowledging payment | 14 | | of
the costs of furnishing and certifying the record , which | 15 | | costs shall be determined by the Department . Failure on the
| 16 | | part of the plaintiff to file a receipt in Court shall be | 17 | | grounds
for dismissal of the action.
| 18 | | (Source: P.A. 87-1031 .)
| 19 | | (225 ILCS 80/27) (from Ch. 111, par. 3927)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 27. Administrative Procedure Act. The Illinois | 22 | | Administrative
Procedure Act is hereby expressly adopted and | 23 | | incorporated herein as if all of
the provisions of that Act | 24 | | were included in this Act, except that the provision
of |
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| 1 | | subsection (d) of Section 10-65 of the Illinois Administrative | 2 | | Procedure Act
that provides that at hearings the licensee has | 3 | | the right to show compliance
with all lawful requirements for | 4 | | retention, continuation or renewal of the
license is | 5 | | specifically excluded. For the purpose of this Act the notice
| 6 | | required under Section 10-25 of the Administrative Procedure | 7 | | Act is deemed
sufficient when mailed to the last known address | 8 | | of a party.
| 9 | | (Source: P.A. 88-45 .)
| 10 | | (225 ILCS 80/30 new) | 11 | | Sec. 30. Confidentiality. All information collected by the | 12 | | Department in the course of an examination or investigation of | 13 | | a licensee or applicant, including, but not limited to, any | 14 | | complaint against a license filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department may not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | other regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or a party presenting | 21 | | a lawful subpoena to the Department. Information and documents | 22 | | disclosed to a federal, State, county, or local law enforcement | 23 | | agency shall not be disclosed by the agency for any purpose to | 24 | | any other agency or person. A formal complaint filed against a | 25 | | licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 99. Effective date. This Act takes effect January | 4 | | 1, 2017.
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