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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0367
LRB9104254LDmb
1 AN ACT to amend the Illinois Optometric Practice Act of
2 1987 by changing Sections 3, 6, 11, 12, and 15.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Optometric Practice Act of 1987
6 is amended by changing Sections 3, 6, 11, 12, and 15.1 as
7 follows:
8 (225 ILCS 80/3) (from Ch. 111, par. 3903)
9 Sec. 3. Practice of optometry defined; referrals;
10 manufacture of lenses and prisms.
11 (a) The practice of optometry is defined as the
12 employment of any and all means for the examination,
13 diagnosis, and treatment of the human visual system, the
14 human eye, and its appendages without the use of surgery,
15 including but not limited to: the appropriate use of
16 diagnostic ocular pharmaceutical agents and therapeutic
17 ocular pharmaceutical agents; refraction and other
18 determinants of visual function; prescribing corrective
19 lenses or prisms; prescribing, dispensing, or management of
20 contact lenses; vision therapy; visual rehabilitation; or any
21 other procedures taught in schools and colleges of optometry
22 approved by the Department, and not specifically restricted
23 in this Act, subject to demonstrated competency and training
24 as required by the Board, and pursuant to rule or regulation
25 approved by the Board and adopted by the Department.
26 A person shall be deemed to be practicing optometry
27 within the meaning of this Act who:
28 (1) In any way presents himself or herself to be
29 qualified to practice optometry.
30 (2) Performs refractions or employs any other
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1 determinants of visual function.
2 (3) Employs any means for the adaptation of lenses
3 or prisms.
4 (4) Prescribes corrective lenses, prisms, vision
5 therapy, visual rehabilitation, or ocular pharmaceutical
6 agents.
7 (5) Prescribes or manages contact lenses for
8 refractive, cosmetic, or therapeutic purposes.
9 (6) Evaluates the need for, or prescribes, low
10 vision aids to partially sighted persons.
11 (7) Diagnoses or treats any ocular abnormality,
12 disease, or visual or muscular anomaly of the human eye
13 or visual system.
14 (8) Practices, or offers or attempts to practice,
15 optometry as defined in this Act either on his or her own
16 behalf or as an employee of a person, firm, or
17 corporation, whether under the supervision of his or her
18 employer or not.
19 Nothing in this Section shall be interpreted (i) to
20 prevent a person from functioning as an assistant under the
21 direct supervision of a person licensed by the State of
22 Illinois to practice optometry or medicine in all of its
23 branches, or (ii) to prohibit visual screening programs that
24 are provided without fee, that are conducted at locations
25 other than where an optometrist practices optometry, and that
26 are conducted by and under the direct control of a charitable
27 organization organizations acting in the public welfare under
28 the supervision of a committee composed of persons licensed
29 by the State of Illinois to practice optometry or persons
30 licensed by the State of Illinois to practice medicine in all
31 of its branches.
32 (b) When, in the course of providing optometric services
33 to any person, an optometrist licensed under this Act finds
34 an indication of a disease or condition of the eye which in
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1 his or her professional judgment requires professional
2 service outside the scope of practice as defined in this Act,
3 he or she shall refer such person to a physician licensed to
4 practice medicine in all of its branches, or other
5 appropriate health care practitioner. Nothing in this Act
6 shall preclude an optometrist who is therapeutically
7 certified from rendering appropriate nonsurgical ophthalmic
8 emergency care.
9 (c) Nothing contained in this Section shall prohibit a
10 person from manufacturing ophthalmic lenses and prisms or the
11 fabrication of contact lenses according to the specifications
12 prescribed by an optometrist or a physician licensed to
13 practice medicine in all of its branches, but shall
14 specifically prohibit the sale or delivery of ophthalmic
15 lenses, prisms, and contact lenses without a prescription
16 signed by an optometrist or a physician licensed to practice
17 medicine in all of its branches.
18 (d) Nothing in this Act shall restrict the filling of a
19 prescription by a pharmacist licensed under the Pharmacy
20 Practice Act of 1987.
21 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
22 90-655, eff. 7-30-98.)
23 (225 ILCS 80/6) (from Ch. 111, par. 3906)
24 Sec. 6. Display of license or certificate; change of
25 address; record of examinations and prescriptions. Every
26 holder of a license or certificate under this Act shall
27 display such license or certificate on a conspicuous place in
28 the office or offices wherein such holder practices optometry
29 and every holder shall, whenever requested, exhibit such
30 license or certificate to any representative of the
31 Department, and shall notify the Department of the address or
32 addresses and of every change thereof, where such holder
33 shall practice optometry.
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1 Every licensed optometrist shall keep a record of
2 examinations made and prescriptions issued, which record
3 shall include the names of persons examined and for whom
4 prescriptions were prepared, and shall be signed by the
5 licensed optometrist and retained by him in the office in
6 which such professional service was rendered. Such records
7 shall be preserved by the optometrist for a period designated
8 by the Department of three years from the date on which such
9 professional service was rendered. A copy of such records
10 shall be provided, upon written request, to the person
11 examined, or his or her designee.
12 (Source: P.A. 89-702, eff. 7-1-97.)
13 (225 ILCS 80/11) (from Ch. 111, par. 3911)
14 Sec. 11. Optometric Licensing and Disciplinary Board.
15 The Director shall appoint an Illinois Optometric Licensing
16 and Disciplinary Board as follows: Seven persons who shall be
17 appointed by and shall serve in an advisory capacity to the
18 Director. Five members must be lawfully and actively engaged
19 in the practice of optometry in this State, one member shall
20 be a licensed optometrist who is a member, with a full-time
21 faculty appointment with the Illinois College of Optometry,
22 and one member must be a member of the public who shall be a
23 voting non-voting member and is not licensed under this Act,
24 or a similar Act of another jurisdiction, or have any
25 connection with the profession. Neither the public member
26 nor the faculty member shall participate in the preparation
27 or administration of the examination of applicants for
28 licensure or certification.
29 Members shall serve 4-year 4 year terms and until their
30 successors are appointed and qualified. No member shall be
31 appointed reappointed to the Board for more than 2 successive
32 4-year terms, not counting any partial terms when appointed
33 to fill the unexpired portion of a vacated term. for a term
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1 which would cause his or her continuous service on the Board
2 to be longer than 8 successive years. Appointments to fill
3 vacancies shall be made in the same manner as original
4 appointments, for the unexpired portion of the vacated term.
5 Initial terms shall begin upon the effective date of this
6 Act. Board members in office on that date may be appointed
7 to specific terms as indicated herein.
8 The Board shall annually elect a chairperson and a
9 vice-chairperson, both of whom shall be licensed optometrists
10 .
11 The membership of the Board should reasonably reflect
12 representation from the geographic areas in this State.
13 A majority of the Board members currently appointed shall
14 constitute a quorum. A vacancy in the membership of the
15 Board shall not impair the right of a quorum to perform all
16 of the duties of the Board.
17 The Director may terminate the appointment of any member
18 for cause.
19 The Director shall give due consideration to all
20 recommendations of the Board, and in the event that the
21 Director disagrees with or takes action contrary to the
22 recommendation of the Board, he or she shall provide the
23 Board with a written and specific explanation of this action.
24 None of the functions, powers or duties of the Department
25 with respect to policy matters relating to licensure,
26 discipline, and examination, including the promulgation of
27 such rules as may be necessary for the administration of this
28 Act, shall be exercised by the Department except upon review
29 of the Board.
30 Without, in any manner, limiting the power of the
31 Department to conduct investigations, the Board may recommend
32 to the Director that one or more licensed optometrists be
33 selected by the Director to conduct or assist in any
34 investigation pursuant to this Act. Such licensed
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1 optometrist may receive remuneration as determined by the
2 Director.
3 (Source: P.A. 89-702, eff. 7-1-97.)
4 (225 ILCS 80/12) (from Ch. 111, par. 3912)
5 Sec. 12. Applications for licenses and certificates.
6 Applications for original licenses and certificates shall be
7 made to the Department in writing on forms prescribed by the
8 Department and shall be accompanied by the required fee,
9 which shall not be refundable. Any such application shall
10 require such information as in the judgment of the Department
11 will enable the Department to pass on the qualifications of
12 the applicant for a license or certificate.
13 An applicant for original licensure for the first time in
14 Illinois shall apply for, and be qualified to receive and
15 shall maintain certification to use diagnostic and
16 therapeutic ocular pharmaceuticals.
17 Applicants have 3 years from the date of application to
18 complete the application process. If the process has not
19 been completed within 3 years, the application shall be
20 denied, the application fees shall be forfeited, and the
21 applicant must reapply and meet the requirements in effect at
22 the time of reapplication.
23 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
24 (225 ILCS 80/15.1)
25 Sec. 15.1. Diagnostic and therapeutic certification.
26 (a) Any licensed optometrist may apply to the
27 Department, in the form the Department may prescribe, for a
28 certificate to use diagnostic topical ocular pharmaceutical
29 agents and the Department shall certify the applicant if:
30 (1) the applicant has received appropriate training
31 and certification from a properly accredited institution
32 of higher learning for the certificate; and
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1 (2) the applicant has demonstrated training and
2 competence to use diagnostic topical ocular
3 pharmaceutical agents as required by the Board pursuant
4 to rule or regulation approved by the Board and adopted
5 by the Department.
6 A certificate to use topical ocular pharmaceutical agents
7 for diagnostic purposes previously issued by the Department
8 that is current and valid on the effective date of this
9 amendatory Act of 1995 is valid until its expiration date and
10 entitles the holder of the certificate to use diagnostic
11 topical ocular pharmaceutical agents as provided in this Act.
12 (b) Any licensed optometrist may apply to the
13 Department, in the form the Department may prescribe, for a
14 certificate to use therapeutic ocular pharmaceutical agents
15 and the Department shall certify the applicant if:
16 (1) the applicant has received a certificate to use
17 diagnostic topical ocular pharmaceutical agents under
18 subsection (a);
19 (2) the applicant has received appropriate training
20 and certification from a properly accredited institution
21 of higher learning for the certificate; and
22 (3) the applicant has demonstrated training and
23 competence to use therapeutic ocular pharmaceutical
24 agents as required by the Board pursuant to rule or
25 regulation approved by the Board and adopted by the
26 Department.
27 All applicants for license renewal after January 1, 2006
28 must apply for and maintain certification to use therapeutic
29 ocular pharmaceutical agents.
30 (c) For purposes of the Act, "diagnostic topical ocular
31 pharmaceutical agents" means anesthetics, mydriatics,
32 cycloplegics, and miotics used for diagnostic purposes as
33 defined by the Board pursuant to rule approved by the Board
34 and adopted by the Department.
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1 (d) For the purposes of the Act, "therapeutic ocular
2 pharmaceutical agents" means the following when used for
3 diagnostic or therapeutic purposes: topical anti-infective
4 agents, topical anti-allergy agents, topical anti-glaucoma
5 agents, topical anti-inflammatory agents, topical anesthetic
6 agents, over the counter agents, non-narcotic oral analgesic
7 agents, and mydriatic reversing agents.
8 (e) A licensed optometrist who is therapeutically
9 certified may remove superficial foreign bodies from the
10 human eye and adnexa.
11 (e-5) A licensed optometrist who is therapeutically
12 certified may give orders for patient care related to the use
13 of therapeutic ocular pharmaceutical agents to a nurse
14 licensed to practice under Illinois law.
15 (f) An optometrist's certificate to use diagnostic
16 topical ocular pharmaceutical agents shall be revoked or
17 suspended by the Department upon recommendation of the Board
18 based on the misuse of any diagnostic topical ocular
19 pharmaceutical agent.
20 (g) An optometrist's certificate to use therapeutic
21 ocular pharmaceutical agents shall be revoked or suspended by
22 the Department upon recommendation of the Board based on the
23 misuse of any therapeutic ocular pharmaceutical agent.
24 (h) An optometrist's license shall be revoked or
25 suspended by the Department upon recommendation of the Board
26 based upon either of the following causes:
27 (1) grave or repeated misuse of any diagnostic or
28 therapeutic ocular pharmaceutical agent; and
29 (2) the use of any agent or procedure in the course
30 of optometric practice by an optometrist not properly
31 certified under this Section.
32 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
33 26.11, 26.14, and 26.15 of this Act shall apply to all
34 disciplinary proceedings brought under this Section.
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1 (j) The Director may temporarily suspend a certificate
2 to use diagnostic topical ocular pharmaceuticals or a
3 certificate to use therapeutic ocular pharmaceuticals or a
4 license to practice optometry, without a hearing,
5 simultaneously with the institution of proceedings for a
6 hearing based upon a violation of subsection (f), (g), or (h)
7 of this Section, if the Director finds that evidence in his
8 or her possession indicates that the continued use of
9 diagnostic topical ocular pharmaceuticals, or therapeutic
10 ocular pharmaceuticals, or continued practice of optometry
11 would constitute an immediate danger to the public. In the
12 event that the Director temporarily suspends a certificate to
13 use diagnostic topical ocular pharmaceuticals, therapeutic
14 ocular pharmaceuticals, or a license to practice optometry
15 without a hearing, a hearing by the Board shall be commenced
16 within 15 days after suspension has occurred, and concluded
17 without appreciable delay.
18 (k) The Director of the Department of Professional
19 Regulation shall notify the Director of the Department of
20 Public Health as to the categories of ocular pharmaceutical
21 agents permitted for use by an optometrist. The Director of
22 the Department of Public Health shall in turn notify every
23 licensed pharmacist in the State of the categories of ocular
24 pharmaceutical agents that can be utilized and prescribed by
25 an optometrist.
26 (l) Nothing in this Act prohibits the use of diagnostic
27 topical ocular pharmaceutical agents or therapeutic ocular
28 pharmaceutical agents in the practice of optometry by
29 optometrists certified for such use under this Section.
30 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
31 90-73, eff. 7-8-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.