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Public Act 102-0153


 

Public Act 0153 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0153
 
SB0567 EnrolledLRB102 04381 SPS 14399 b

    AN ACT concerning regulation.
 
    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 Section 9 and by adding Section 15.4 as
follows:
 
    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 9. Definitions. In this Act:
        (1) "Department" means the Department of Financial and
    Professional Regulation.
        (2) "Secretary" means the Secretary of Financial and
    Professional Regulation.
        (3) "Board" means the Illinois Optometric Licensing
    and Disciplinary Board appointed by the Secretary.
        (4) "License" means the document issued by the
    Department authorizing the person named thereon to
    practice optometry.
        (5) (Blank).
        (6) "Direct supervision" means supervision of any
    person assisting an optometrist, requiring that the
    optometrist authorize the procedure, remain in the
    facility while the procedure is performed, approve the
    work performed by the person assisting before dismissal of
    the patient, but does not mean that the optometrist must
    be present with the patient, during the procedure. For the
    dispensing of contact lenses, "direct supervision" means
    that the optometrist is responsible for training the
    person assisting the optometrist in the dispensing or sale
    of contact lenses, but does not mean that the optometrist
    must be present in the facility where he or she practices
    under a license or ancillary registration at the time the
    contacts are dispensed or sold. For the practice of
    optometry through telehealth, "direct supervision" means
    supervision by an optometrist of any person located at a
    remote location who is assisting an optometrist with
    procedures or optometric services administered to a
    patient at the remote location when the optometrist is at
    a distant site.
        (7) "Address of record" means the designated address
    recorded by the Department in the applicant's application
    file or the licensee's license file maintained by the
    Department's licensure maintenance unit.
        (8) "Remote location" means the site at which the
    patient is located at the time optometric services are
    rendered through telehealth to that patient.
        (9) "Distant site" means the location in Illinois from
    which an optometrist is rendering services through
    telehealth.
        (10) "Interactive telecommunications system" means an
    audio and video system permitting 2-way, real-time
    interactive communication between a patient located at a
    remote location and an optometrist located at a distant
    site.
        (11) "Telehealth" means the evaluation, diagnosis, or
    interpretation of patient-specific data that is
    transmitted by way of an interactive telecommunication
    system between a remote location and an optometrist
    located at a distant site that generates interaction or
    treatment recommendations for a patient located at a
    remote location. "Telehealth" includes the performance of
    any of the activities set forth in Sections 3 and 15.1.
(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)
 
    (225 ILCS 80/15.4 new)
    Sec. 15.4. Telehealth.
    (a) The General Assembly finds and declares that, because
of technological advances and changing practice patterns, the
practice of optometry is occurring more frequently across
increasing distances within the State of Illinois and that
certain technological advances in the practice of optometry
are in the public interest. The General Assembly further finds
and declares that the practice of optometry is a privilege and
that the licensure by this State of practitioners outside this
State engaging in the practice of optometry within this State
and the ability to discipline those practitioners is necessary
for the protection of the public health, welfare, and safety.
    (b) An optometrist may practice optometry through
telehealth as authorized by this Act and the Telehealth Act.
If there is any conflict between the provisions of this Act and
the provisions of the Telehealth Act, the provisions of this
Act control.
    (c) An optometrist treating a patient located in this
State through telehealth must be licensed under this Act.
    (d) An optometrist practicing optometry through telehealth
is subject to the same standard of care and practice standards
that are applicable to optometric services provided in a
clinic or office setting.
    (e) An optometrist may not provide telehealth services
unless the optometrist has established a provider-patient
relationship with the patient. In this subsection,
"provider-patient relationship" means a relationship in which
the optometrist has provided services to the patient at an
in-person consultation no more than 3 years prior to the date
on which telehealth services are provided. An in-person
consultation is not required for new conditions relating to a
patient with whom the optometrist has a provider-patient
relationship unless the optometrist deems an in-person
consultation is necessary to provide appropriate care. An
optometrist may treat a patient through telehealth in the
absence of a provider-patient relationship when, in the
professional judgment of the optometrist, emergency care is
required.
    (f) An optometrist treating a patient through telehealth
must perform at least a minimum eye examination as required by
68 Ill. Adm. Code 1320.90 before prescribing eyeglasses or
contact lenses to the patient. Nothing in this Section
authorizes an eye examination that: (i) does not assess the
ocular health and visual status of a patient, or (ii) consists
solely of objective refractive data or information generated
by an automated testing device, including an autorefractor, in
order to establish a medical diagnosis or to determine a
refractive error.
    (g) A person who engages in the practice of optometry
through telehealth without a license issued under this Act
shall be subject to discipline or penalties provided in
Sections 24 and 26.1.
    (h) If the Department has reason to believe that a person
has violated this Section, the Department may issue a rule to
show cause why an order to cease and desist should not be
entered against that person. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.

Effective Date: 1/1/2022