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| Public Act 102-0153 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Optometric Practice Act of 1987 is | ||||
amended by changing Section 9 and by adding Section 15.4 as | ||||
follows:
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(225 ILCS 80/9) (from Ch. 111, par. 3909)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 9. Definitions. In this Act:
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(1) "Department" means the Department of Financial and
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Professional
Regulation.
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(2) "Secretary" means the Secretary
of Financial and | ||||
Professional Regulation.
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(3) "Board" means the Illinois Optometric
Licensing | ||||
and
Disciplinary
Board appointed by the Secretary.
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(4) "License" means the document issued by the | ||||
Department
authorizing the
person named thereon to | ||||
practice optometry.
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(5) (Blank).
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(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.
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(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.)
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(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.
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