815 ILCS 385/ Ophthalmic Advertising Act.

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815 ILCS 385/0.01

(815 ILCS 385/0.01) (from Ch. 121 1/2, par. 349)

Sec. 0.01.

Short title.

This Act may be cited as the

Ophthalmic Advertising Act.

(Source: P.A. 90-655, eff. 7-30-98.)

815 ILCS 385/1

(815 ILCS 385/1) (from Ch. 121 1/2, par. 349.1)

Sec. 1.

Legislative purpose.) It is declared to be in the interest of
public health, safety and protection to require advertisers of ophthalmic
materials to tell the whole truth to the general public, their reading,
viewing and listening audience seeking optical devices or materials because
of their need of some ophthalmic correction.

(Source: P.A. 81-1065.)

815 ILCS 385/2

(815 ILCS 385/2) (from Ch. 121 1/2, par. 349.2)

Sec. 2.

It shall be unlawful for an optometrist, optician, manufacturer
of ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses, or
any other optical devices or materials, or parts thereof, or any other person
to publish or display, or cause or permit to be published or displayed, in any newspaper
or by radio, television,  window display, poster, sign or any other means
or media, any statement or advertisement concerning  ophthalmic lenses,
frames, eyeglasses, spectacles, contact lenses or any other optical devices
or materials, or parts thereof, which is fraudulent or of a character tending
to deceive or mislead the public.

(Source: P.A. 81-1065.)

815 ILCS 385/3

(815 ILCS 385/3) (from Ch. 121 1/2, par. 349.3)

Sec. 3.

It shall be unlawful for an optometrist, optician, manufacturer
of ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses, or
any other optical devices or materials, or parts thereof or any other person
to publish or display or cause or permit to be published or displayed, in
any newspaper or by radio, television, window display, poster, sign or any
other means or media, any statements or advertisements of or reference to
the price or prices of any ophthalmic lenses, frames, eyeglasses, spectacles,
contact lenses or any other optical devices or materials, or parts thereof,
unless such be consistent with the following standards deemed to protect
the consumer interest:

(A) Any statements advertising the price of ophthalmic lenses, eyeglasses,
spectacles or contact lenses shall, to the extent applicable, be accompanied
by a further readily legible statement identifying the lens as single vision,
bifocal or trifocal, occupational or aphakic.

(B) Any statement advertising the price of contact lenses must specify
the type as hard or soft.

(C) Any statement advertising a price for eyeglasses must state whether
the price includes both frames and lenses.

(D) Any advertisements by an unlicensed person or institution which quotes
a price or prices shall contain a readily legible statement that the quoted
price or prices "does not include professional services of an examining
optometrist or physician".

Any advertisements by a licensed optometrist or institution which quotes
a price or prices shall contain a readily legible statement
"this price does include professional services" or "this price does not
include professional services".

(E) Any statements advertising the price of ophthalmic lenses, eyeglasses,
spectacles or contact lenses shall, to the extent applicable, be accompanied
by a further readily legible statement that the advertised price does or
does not include any dispensing fees.

(F) All disclosure items must be in no smaller than 10 point type, or
in type of equal prominence and size as the advertised item, when the type
size of the advertised item is smaller than ten (10) point type.

(Source: P.A. 81-1065.)

815 ILCS 385/4

(815 ILCS 385/4) (from Ch. 121 1/2, par. 349.4)

Sec. 4.

Application of Act.) Nothing in this Act shall be construed
to apply to non-prescription optical products such as, but not limited to,
binoculars, magnifying glasses, telescopes and microscopes.

(Source: P.A. 81-1065.)

815 ILCS 385/5

(815 ILCS 385/5) (from Ch. 121 1/2, par. 349.5)

Sec. 5.

Additional or Alternative Remedy.) The provisions of this Act
shall not be construed to repeal any law of Illinois on fraudulent advertising
but shall be construed as an additional or alternative remedy where prosecution
is possible under such other law.

(Source: P.A. 81-1065.)

815 ILCS 385/6

(815 ILCS 385/6) (from Ch. 121 1/2, par. 349.6)

Sec. 6.

Injunction.

Any circuit court of this State shall have jurisdiction
to restrain and enjoin the violation of any of the provisions of this Act.

(Source: P.A. 83-345.)

815 ILCS 385/7

(815 ILCS 385/7) (from Ch. 121 1/2, par. 349.7)

Sec. 7.

Sentence.) (a) Any optometrist who is convicted of a violation
of this Act is guilty of a Business Offense and shall be fined not less
than $5000, and in addition thereto shall be subject to a revocation of
his license as such optometrist.

(b) Any optician, manufacturer of ophthalmic lenses, frames, eyeglasses,
spectacles, contact lenses, or any other optical devices or materials, or
parts thereof or any other person, who is convicted of a violation of this
Act is guilty of a Business Offense and shall be fined not less than $5000.

(Source: P.A. 81-1065.)

815 ILCS 385/8

(815 ILCS 385/8) (from Ch. 121 1/2, par. 349.8)

Sec. 8.

Enforcement.

The duty to institute actions for violations of this
Act, including proceedings to restrain and enjoin such violations,
is hereby vested in the Attorney General. The Attorney General may prosecute
business offenses or institute proceedings or both, but the power
to refuse, suspend or revoke a license for a violation of this Act is vested
solely in the Department of Professional Regulation.

This Section shall not be deemed to prohibit the enforcement by any person
of any right provided by this or any other law.

(Source: P.A. 85-1209.)