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| Public Act 096-0378 |
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AN ACT concerning aging.
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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 24 as follows:
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(225 ILCS 80/24) (from Ch. 111, par. 3924)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 24. Grounds for disciplinary action.
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(a) The Department may refuse to issue or to renew, or may
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revoke, suspend, place on probation, reprimand or take other
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disciplinary action as the Department may deem proper, | ||||
including fines not
to exceed $10,000 for each violation, with | ||||
regard to any license for any one or combination of the | ||||
following causes:
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(1) Violations of this Act, or of the rules promulgated
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hereunder.
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(2) Conviction of or entry of a plea of guilty to any | ||||
crime under the laws of any U.S. jurisdiction
thereof that | ||||
is a felony or that is a misdemeanor of which an essential | ||||
element
is dishonesty, or any crime that is directly | ||||
related to the practice of the
profession.
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(3) Making any misrepresentation for the purpose of | ||||
obtaining a
license.
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(4) Professional incompetence or gross negligence in | ||
the
practice of optometry.
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(5) Gross malpractice, prima facie evidence
of which | ||
may be a conviction or judgment of
malpractice in any court | ||
of competent jurisdiction.
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(6) Aiding or assisting another person in violating any
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provision of this Act or rules.
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(7) Failing, within 60 days, to provide information in | ||
response
to a
written request made by the Department that | ||
has been sent by
certified or
registered mail to the | ||
licensee's last known address.
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(8) Engaging in dishonorable, unethical, or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud, or harm the public.
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(9) Habitual or excessive use or addiction to alcohol,
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narcotics,
stimulants or any other chemical agent or drug | ||
that results in
the
inability to practice with reasonable | ||
judgment, skill, or safety.
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(10) Discipline by another U.S. jurisdiction or | ||
foreign
nation, if at
least one of the grounds for the | ||
discipline is the same or substantially
equivalent to those | ||
set forth herein.
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(11) Directly or indirectly giving to or receiving from | ||
any
person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate, or
other form of compensation | ||
for any professional services not actually or
personally | ||
rendered. This shall not be deemed to include (i) rent or | ||
other
remunerations paid to an individual, partnership, or | ||
corporation by an
optometrist for the lease, rental, or use | ||
of space, owned or controlled, by
the individual, | ||
partnership, corporation or association, and (ii) the
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division of fees between an optometrist and related | ||
professional service
providers with whom the optometrist | ||
practices in a
professional corporation organized under | ||
Section 3.6 of the Professional
Service Corporation Act.
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(12) A finding by the Department that the licensee, | ||
after
having his or
her
license placed on probationary | ||
status has violated the terms of
probation.
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(13) Abandonment of a patient.
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(14) Willfully making or filing false records or | ||
reports in
his or her
practice,
including but not limited | ||
to false records filed with State agencies or
departments.
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(15) Willfully failing to report an instance of | ||
suspected
child abuse or
neglect as required by law the | ||
Abused and Neglected Child Reporting Act.
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(16) Physical illness, including but not limited to,
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deterioration
through the aging process, or loss of motor | ||
skill, mental illness, or
disability that results in the
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inability to practice the profession with reasonable | ||
judgment, skill,
or safety.
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(17) Solicitation of professional services other than
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permitted
advertising.
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(18) Failure to provide a patient with a copy of his or
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her record or
prescription in accordance with federal law.
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(19) Conviction by any court of competent | ||
jurisdiction, either
within or
without this State, of any | ||
violation of any law governing the practice of
optometry, | ||
conviction in this or another State of any crime that
is a
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felony under the laws of this State or conviction of a | ||
felony in a federal
court, if the Department determines, | ||
after investigation, that such person
has not been | ||
sufficiently rehabilitated to warrant the public trust.
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(20) A finding that licensure has been applied for or | ||
obtained
by
fraudulent means.
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(21) Continued practice by a person knowingly having an
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infectious
or contagious
disease.
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(22) Being named as a perpetrator in an indicated | ||
report by
the
Department of Children and Family Services | ||
under the Abused and
Neglected Child Reporting Act, and | ||
upon proof by clear and
convincing evidence that the | ||
licensee has caused a child to be an abused
child or a | ||
neglected child as defined in the Abused and Neglected | ||
Child
Reporting Act.
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(23) Practicing or attempting to practice under a name | ||
other
than the
full name as shown on his or her license.
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(24) Immoral conduct in the commission of any act, such | ||
as
sexual abuse,
sexual misconduct or sexual exploitation, | ||
related to the licensee's
practice.
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(25) Maintaining a professional relationship with any | ||
person,
firm, or
corporation when the optometrist knows, or | ||
should know, that such person,
firm, or corporation is | ||
violating this Act.
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(26) Promotion of the sale of drugs, devices, | ||
appliances or
goods
provided for a client or patient in | ||
such manner as to exploit the patient
or client for | ||
financial gain of the licensee.
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(27) Using the title "Doctor" or its abbreviation | ||
without
further
qualifying that title or abbreviation with | ||
the word "optometry" or
"optometrist".
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(28) Use by a licensed optometrist of the
word
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"infirmary",
"hospital", "school", "university", in | ||
English or any other
language, in connection with the place | ||
where optometry may be practiced or
demonstrated.
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(29) Continuance of an optometrist in the employ of any
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person, firm or
corporation, or as an assistant to any | ||
optometrist or optometrists,
directly or indirectly, after | ||
his or her employer or superior has been
found
guilty of | ||
violating or has been enjoined from violating the laws of | ||
the
State of Illinois relating to the practice of | ||
optometry, when the employer
or superior persists in that | ||
violation.
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(30) The performance of optometric service in | ||
conjunction with
a scheme
or plan with another person, firm | ||
or corporation known to be advertising in
a manner contrary | ||
to this Act or otherwise violating the laws of the State of
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Illinois concerning the practice of optometry.
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(31) Failure to provide satisfactory proof of having
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participated in
approved continuing education programs as | ||
determined by the Board and
approved by the Secretary. | ||
Exceptions for extreme hardships are to be
defined by the | ||
rules of the Department.
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(32) Willfully making or filing false records or | ||
reports in
the practice
of optometry, including, but not | ||
limited to false records to support claims
against the | ||
medical assistance program of the Department of Healthcare | ||
and Family Services (formerly Department of Public Aid)
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under the Illinois Public Aid Code.
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(33) Gross and willful overcharging for professional | ||
services
including
filing false statements for collection | ||
of fees for which services are not
rendered, including, but | ||
not limited to filing false statements for
collection of | ||
monies for services not rendered from the medical | ||
assistance
program of the Department of Healthcare and | ||
Family Services (formerly Department of Public Aid) under | ||
the Illinois Public Aid
Code.
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(34) In the absence of good reasons to the contrary, | ||
failure
to perform a
minimum eye examination as required by | ||
the rules of the Department.
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(35) Violation of the Health Care Worker Self-Referral | ||
Act.
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The Department may refuse to issue or may suspend the | ||
license of any person who fails to file a return, or to pay the | ||
tax,
penalty or interest shown in a filed return, or to pay any | ||
final assessment
of the tax, penalty or interest, as required | ||
by any tax Act administered by
the Illinois Department of | ||
Revenue, until such time as the requirements of
any such tax | ||
Act are satisfied.
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(a-5) In enforcing this Section, the Board upon a showing | ||
of a possible
violation, may compel any individual licensed to | ||
practice under this Act, or
who has applied for licensure or | ||
certification pursuant to this Act,
to submit to a
mental or | ||
physical
examination, or both, as required by and at the | ||
expense of the Department. The
examining physicians or clinical | ||
psychologists shall be those specifically
designated by the | ||
Board. The Board or the Department may order the examining
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physician or clinical psychologist to present testimony | ||
concerning this mental
or physical examination of the licensee | ||
or applicant. No information shall be
excluded by reason of any | ||
common law or statutory privilege relating to
communications | ||
between the licensee or applicant and the examining physician | ||
or
clinical psychologist. Eye examinations may be provided by a | ||
licensed
optometrist. The individual to be examined may have,
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at his or her own expense, another physician of his or her | ||
choice present
during all aspects of the examination. Failure | ||
of any individual to submit to
a mental or physical | ||
examination, when directed, shall be grounds for
suspension of | ||
a license until such time as the individual submits to the
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examination if the Board finds, after notice and hearing, that | ||
the refusal to
submit to the examination was without reasonable | ||
cause.
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If the Board finds an individual unable to practice because | ||
of the reasons
set forth in this Section, the Board shall | ||
require such individual to submit to
care, counseling, or | ||
treatment by physicians or clinical psychologists approved
or | ||
designated by the Board, as a condition, term, or restriction | ||
for continued,
reinstated, or renewed licensure to practice, or | ||
in lieu of care, counseling,
or treatment, the Board may | ||
recommend to the Department to file a complaint to immediately | ||
suspend, revoke, or otherwise discipline the
license of the | ||
individual, or the Board may recommend to the Department to | ||
file
a complaint to suspend, revoke, or otherwise discipline | ||
the license of the
individual. Any individual whose license was | ||
granted pursuant to this Act, or
continued, reinstated, | ||
renewed, disciplined, or supervised, subject to such
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conditions, terms, or restrictions, who shall fail to comply | ||
with such
conditions, terms, or restrictions, shall be referred | ||
to the Secretary for a
determination as to whether the | ||
individual shall have his or her license
suspended immediately, | ||
pending a hearing by the Board.
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(b) The determination by a circuit court that a licensee is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities | ||
Code operates as an
automatic suspension. The suspension will | ||
end only upon a finding by a
court that the patient is no | ||
longer subject to involuntary admission or
judicial admission | ||
and issues an order so finding and discharging the
patient; and | ||
upon the recommendation of the Board to the Secretary
that
the | ||
licensee be allowed to resume his or her practice.
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(Source: P.A. 94-787, eff. 5-19-06.)
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Section 10. The Elder Abuse and Neglect Act is amended by | ||
changing Section 4 as follows:
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(320 ILCS 20/4) (from Ch. 23, par. 6604)
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Sec. 4. Reports of abuse or neglect.
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(a) Any person who suspects the abuse,
neglect,
financial | ||
exploitation, or self-neglect of an eligible adult may
report
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this suspicion to an agency designated to receive such
reports | ||
under this Act or to the Department.
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(a-5) If any mandated reporter has reason to believe that | ||
an eligible
adult,
who because of dysfunction is unable to seek | ||
assistance for himself or herself,
has, within the previous 12 | ||
months, been subjected to abuse, neglect, or
financial | ||
exploitation, the mandated reporter shall, within 24 hours | ||
after
developing
such belief, report this suspicion to an | ||
agency designated to receive such
reports under this Act or
to | ||
the Department. Whenever a mandated reporter
is required to | ||
report under this Act in his or her capacity as a member of
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staff of a medical or other public or private institution, | ||
facility,
board and care home, or agency, he or she shall make | ||
a report
to an agency designated to receive such
reports under | ||
this Act or
to the Department in accordance
with the provisions | ||
of this Act and may also notify the person in charge of
the | ||
institution, facility, board and care home, or agency or his or | ||
her
designated agent that the
report has been made. Under no | ||
circumstances shall any person in charge of
such institution, | ||
facility, board and care home, or agency, or his or her
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designated agent to whom
the notification has been made, | ||
exercise any control, restraint,
modification, or other change | ||
in the report or the forwarding of the report
to an agency | ||
designated to receive such
reports under this Act or
to the | ||
Department. The privileged quality of communication between | ||
any
professional
person required to report
and his or her | ||
patient or client shall not apply to situations involving
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abused, neglected, or financially exploited eligible adults | ||
and shall not
constitute
grounds for failure to
report
as | ||
required by this Act.
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(a-7) A person making a report
under this Act in the belief | ||
that it is in the alleged victim's best
interest shall be | ||
immune from criminal or civil liability or professional
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disciplinary action on account of making the report, | ||
notwithstanding any
requirements concerning the | ||
confidentiality of information with respect to
such eligible | ||
adult which might otherwise be applicable.
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(a-9) Law enforcement officers
shall continue to report | ||
incidents of alleged abuse pursuant to the
Illinois Domestic | ||
Violence Act of 1986, notwithstanding any requirements
under | ||
this Act.
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(b) Any person, institution or agency participating in the | ||
making of
a report, providing
information or records related to | ||
a report, assessment, or services, or
participating in the | ||
investigation of a report under
this Act in good faith, or | ||
taking photographs or x-rays as a result of an
authorized | ||
assessment, shall have immunity from any civil, criminal or
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other liability in any civil, criminal or other proceeding | ||
brought in
consequence of making such report or assessment or | ||
on account of submitting
or otherwise disclosing such | ||
photographs or x-rays to any agency designated
to receive | ||
reports of alleged or suspected abuse or neglect. Any person,
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institution or agency authorized by the Department to provide | ||
assessment,
intervention, or administrative services under | ||
this Act shall, in the good
faith performance of those | ||
services, have immunity from any civil, criminal
or other | ||
liability in any civil, criminal, or other proceeding brought | ||
as a
consequence of the performance of those services.
For the | ||
purposes of any civil, criminal, or other proceeding, the good | ||
faith
of any person required to report, permitted to report, or | ||
participating in an
investigation of a report of alleged or | ||
suspected abuse, neglect, or
financial exploitation shall be
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presumed.
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(c) The identity of a person making a report of alleged or | ||
suspected
abuse or neglect under this Act may be disclosed by | ||
the Department
or other agency provided for in this Act only | ||
with such person's written
consent or by court order.
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(d) The Department shall by rule establish a system for | ||
filing and
compiling reports made under this Act.
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(e) Any physician who willfully fails to report as required | ||
by this Act
shall be referred to the Illinois State Medical | ||
Disciplinary Board for action
in accordance with subdivision | ||
(A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | ||
dentist or dental hygienist who willfully fails to report as
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required by this Act shall be referred to the Department of | ||
Professional
Regulation for action in accordance with | ||
paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | ||
Any optometrist who willfully fails to report as required by | ||
this Act shall be referred to the Department of Financial and | ||
Professional Regulation for action in accordance with | ||
paragraph (15) of subsection (a) of Section 24 of the Illinois | ||
Optometric Practice Act of 1987. Any other mandated reporter | ||
required by
this Act to report suspected abuse, neglect, or | ||
financial exploitation who
willfully fails to report the same | ||
is guilty of a Class A misdemeanor.
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(Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; | ||
94-1064, eff. 1-1-07.)
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