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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0367eng SB367 Engrossed 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 31 determinants of visual function. SB367 Engrossed -2- LRB9104254LDmb 1 (3) Employs any means for the adaptation of lenses 2 or prisms. 3 (4) Prescribes corrective lenses, prisms, vision 4 therapy, visual rehabilitation, or ocular pharmaceutical 5 agents. 6 (5) Prescribes or manages contact lenses for 7 refractive, cosmetic, or therapeutic purposes. 8 (6) Evaluates the need for, or prescribes, low 9 vision aids to partially sighted persons. 10 (7) Diagnoses or treats any ocular abnormality, 11 disease, or visual or muscular anomaly of the human eye 12 or visual system. 13 (8) Practices, or offers or attempts to practice, 14 optometry as defined in this Act either on his or her own 15 behalf or as an employee of a person, firm, or 16 corporation, whether under the supervision of his or her 17 employer or not. 18 Nothing in this Section shall be interpreted (i) to 19 prevent a person from functioning as an assistant under the 20 direct supervision of a person licensed by the State of 21 Illinois to practice optometry or medicine in all of its 22 branches,or (ii) to prohibit visual screening programs that 23 are conducted without a fee (other than voluntary donations), 24 by charitable organizations acting in the public welfare 25 under the supervision of a committee composed of persons 26 licensed by the State of Illinois to practice optometry or 27 persons licensed by the State of Illinois to practice 28 medicine in all of its branches. 29 (b) When, in the course of providing optometric services 30 to any person, an optometrist licensed under this Act finds 31 an indication of a disease or condition of the eye which in 32 his or her professional judgment requires professional 33 service outside the scope of practice as defined in this Act, 34 he or she shall refer such person to a physician licensed to SB367 Engrossed -3- LRB9104254LDmb 1 practice medicine in all of its branches, or other 2 appropriate health care practitioner. Nothing in this Act 3 shall preclude an optometrist who is therapeutically 4 certified from rendering appropriate nonsurgical ophthalmic 5 emergency care. 6 (c) Nothing contained in this Section shall prohibit a 7 person from manufacturing ophthalmic lenses and prisms or the 8 fabrication of contact lenses according to the specifications 9 prescribed by an optometrist or a physician licensed to 10 practice medicine in all of its branches, but shall 11 specifically prohibit the sale or delivery of ophthalmic 12 lenses, prisms, and contact lenses without a prescription 13 signed by an optometrist or a physician licensed to practice 14 medicine in all of its branches. 15 (d) Nothing in this Act shall restrict the filling of a 16 prescription by a pharmacist licensed under the Pharmacy 17 Practice Act of 1987. 18 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97; 19 90-655, eff. 7-30-98.) 20 (225 ILCS 80/6) (from Ch. 111, par. 3906) 21 Sec. 6. Display of license or certificate; change of 22 address; record of examinations and prescriptions. Every 23 holder of a license or certificate under this Act shall 24 display such license or certificate on a conspicuous place in 25 the office or offices wherein such holder practices optometry 26 and every holder shall, whenever requested, exhibit such 27 license or certificate to any representative of the 28 Department, and shall notify the Department of the address or 29 addresses and of every change thereof, where such holder 30 shall practice optometry. 31 Every licensed optometrist shall keep a record of 32 examinations made and prescriptions issued, which record 33 shall include the names of persons examined and for whom SB367 Engrossed -4- LRB9104254LDmb 1 prescriptions were prepared, and shall be signed by the 2 licensed optometrist and retained by him in the office in 3 which such professional service was rendered. Such records 4 shall be preserved by the optometrist for a period designated 5 by the Departmentof three years from the date on which such6professional service was rendered. A copy of such records 7 shall be provided, upon written request, to the person 8 examined, or his or her designee. 9 (Source: P.A. 89-702, eff. 7-1-97.) 10 (225 ILCS 80/11) (from Ch. 111, par. 3911) 11 Sec. 11. Optometric Licensing and Disciplinary Board. 12 The Director shall appoint an Illinois Optometric Licensing 13 and Disciplinary Board as follows: Seven persons who shall be 14 appointed by and shall serve in an advisory capacity to the 15 Director. Five members must be lawfully and actively engaged 16 in the practice of optometry in this State, one member shall 17 be a licensed optometrist who is a member, with a full-time 18 faculty appointment with the Illinois College of Optometry, 19 and one member must be a member of the public who shall be a 20 votingnon-votingmember and is not licensed under this Act, 21 or a similar Act of another jurisdiction, or have any 22 connection with the profession. Neither the public member 23 nor the faculty member shall participate in the preparation 24 or administration of the examination of applicants for 25 licensure or certification. 26 Members shall serve 4-year4 yearterms and until their 27 successors are appointed and qualified. No member shall be 28 appointedreappointedto the Board for more than 2 successive 29 4-year terms, not counting any partial terms when appointed 30 to fill the unexpired portion of a vacated term.for a term31which would cause his or her continuous service on the Board32to be longer than 8 successive years.Appointments to fill 33 vacancies shall be made in the same manner as original SB367 Engrossed -5- LRB9104254LDmb 1 appointments, for the unexpired portion of the vacated term. 2 Initial terms shall begin upon the effective date of this 3 Act. Board members in office on that date may be appointed 4 to specific terms as indicated herein. 5 The Board shall annually elect a chairperson and a 6 vice-chairperson, both of whom shall be licensed optometrists 7 . 8 The membership of the Board should reasonably reflect 9 representation from the geographic areas in this State. 10 A majority of the Board members currently appointed shall 11 constitute a quorum. A vacancy in the membership of the 12 Board shall not impair the right of a quorum to perform all 13 of the duties of the Board. 14 The Director may terminate the appointment of any member 15 for cause. 16 The Director shall give due consideration to all 17 recommendations of the Board, and in the event that the 18 Director disagrees with or takes action contrary to the 19 recommendation of the Board, he or she shall provide the 20 Board with a written and specific explanation of this action. 21 None of the functions, powers or duties of the Department 22 with respect to policy matters relating to licensure, 23 discipline, and examination, including the promulgation of 24 such rules as may be necessary for the administration of this 25 Act, shall be exercised by the Department except upon review 26 of the Board. 27 Without, in any manner, limiting the power of the 28 Department to conduct investigations, the Board may recommend 29 to the Director that one or more licensed optometrists be 30 selected by the Director to conduct or assist in any 31 investigation pursuant to this Act. Such licensed 32 optometrist may receive remuneration as determined by the 33 Director. 34 (Source: P.A. 89-702, eff. 7-1-97.) SB367 Engrossed -6- LRB9104254LDmb 1 (225 ILCS 80/12) (from Ch. 111, par. 3912) 2 Sec. 12. Applications for licenses and certificates. 3 Applications for original licenses and certificates shall be 4 made to the Department in writing on forms prescribed by the 5 Department and shall be accompanied by the required fee, 6 which shall not be refundable. Any such application shall 7 require such information as in the judgment of the Department 8 will enable the Department to pass on the qualifications of 9 the applicant for a license or certificate. 10 An applicant for initialoriginallicensure in Illinois 11 shall apply for,and be qualified to receive and shall 12 maintain certification to use diagnostic and therapeutic 13 ocular pharmaceuticals. 14 Applicants have 3 years from the date of application to 15 complete the application process. If the process has not 16 been completed within 3 years, the application shall be 17 denied, the application fees shall be forfeited, and the 18 applicant must reapply and meet the requirements in effect at 19 the time of reapplication. 20 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.) 21 (225 ILCS 80/15.1) 22 Sec. 15.1. Diagnostic and therapeutic certification. 23 (a) Any licensed optometrist may apply to the 24 Department, in the form the Department may prescribe, for a 25 certificate to use diagnostic topical ocular pharmaceutical 26 agents and the Department shall certify the applicant if: 27 (1) the applicant has received appropriate training 28 and certification from a properly accredited institution 29 of higher learning for the certificate; and 30 (2) the applicant has demonstrated training and 31 competence to use diagnostic topical ocular 32 pharmaceutical agents as required by the Board pursuant 33 to rule or regulation approved by the Board and adopted SB367 Engrossed -7- LRB9104254LDmb 1 by the Department. 2 A certificate to use topical ocular pharmaceutical agents 3 for diagnostic purposes previously issued by the Department 4 that is current and valid on the effective date of this 5 amendatory Act of 1995 is valid until its expiration date and 6 entitles the holder of the certificate to use diagnostic 7 topical ocular pharmaceutical agents as provided in this Act. 8 (b) Any licensed optometrist may apply to the 9 Department, in the form the Department may prescribe, for a 10 certificate to use therapeutic ocular pharmaceutical agents 11 and the Department shall certify the applicant if: 12 (1) the applicant has received a certificate to use 13 diagnostic topical ocular pharmaceutical agents under 14 subsection (a); 15 (2) the applicant has received appropriate training 16 and certification from a properly accredited institution 17 of higher learning for the certificate; and 18 (3) the applicant has demonstrated training and 19 competence to use therapeutic ocular pharmaceutical 20 agents as required by the Board pursuant to rule or 21 regulation approved by the Board and adopted by the 22 Department. 23 All applicants for license renewal after January 1, 2006 24 must apply for and maintain certification to use therapeutic 25 ocular pharmaceutical agents. 26 (c) For purposes of the Act, "diagnostic topical ocular 27 pharmaceutical agents" means anesthetics, mydriatics, 28 cycloplegics, and miotics used for diagnostic purposes as 29 defined by the Board pursuant to rule approved by the Board 30 and adopted by the Department. 31 (d) For the purposes of the Act, "therapeutic ocular 32 pharmaceutical agents" means the following when used for 33 diagnostic or therapeutic purposes: topical anti-infective 34 agents, topical anti-allergy agents, topical anti-glaucoma SB367 Engrossed -8- LRB9104254LDmb 1 agents, topical anti-inflammatory agents, topical anesthetic 2 agents, over the counter agents, non-narcotic oral analgesic 3 agents, and mydriatic reversing agents. 4 (e) A licensed optometrist who is therapeutically 5 certified may remove superficial foreign bodies from the 6 human eye and adnexa. 7 (e-5) A licensed optometrist who is therapeutically 8 certified may give orders for patient care related to the use 9 of therapeutic ocular pharmaceutical agents to a nurse 10 licensed to practice under Illinois law. 11 (f) An optometrist's certificate to use diagnostic 12 topical ocular pharmaceutical agents shall be revoked or 13 suspended by the Department upon recommendation of the Board 14 based on the misuse of any diagnostic topical ocular 15 pharmaceutical agent. 16 (g) An optometrist's certificate to use therapeutic 17 ocular pharmaceutical agents shall be revoked or suspended by 18 the Department upon recommendation of the Board based on the 19 misuse of any therapeutic ocular pharmaceutical agent. 20 (h) An optometrist's license shall be revoked or 21 suspended by the Department upon recommendation of the Board 22 based upon either of the following causes: 23 (1) grave or repeated misuse of any diagnostic or 24 therapeutic ocular pharmaceutical agent; and 25 (2) the use of any agent or procedure in the course 26 of optometric practice by an optometrist not properly 27 certified under this Section. 28 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, 29 26.11, 26.14, and 26.15 of this Act shall apply to all 30 disciplinary proceedings brought under this Section. 31 (j) The Director may temporarily suspend a certificate 32 to use diagnostic topical ocular pharmaceuticals or a 33 certificate to use therapeutic ocular pharmaceuticals or a 34 license to practice optometry, without a hearing, SB367 Engrossed -9- LRB9104254LDmb 1 simultaneously with the institution of proceedings for a 2 hearing based upon a violation of subsection (f), (g), or (h) 3 of this Section, if the Director finds that evidence in his 4 or her possession indicates that the continued use of 5 diagnostic topical ocular pharmaceuticals, or therapeutic 6 ocular pharmaceuticals, or continued practice of optometry 7 would constitute an immediate danger to the public. In the 8 event that the Director temporarily suspends a certificate to 9 use diagnostic topical ocular pharmaceuticals, therapeutic 10 ocular pharmaceuticals, or a license to practice optometry 11 without a hearing, a hearing by the Board shall be commenced 12 within 15 days after suspension has occurred, and concluded 13 without appreciable delay. 14 (k) The Director of the Department of Professional 15 Regulation shall notify the Director of the Department of 16 Public Health as to the categories of ocular pharmaceutical 17 agents permitted for use by an optometrist. The Director of 18 the Department of Public Health shall in turn notify every 19 licensed pharmacist in the State of the categories of ocular 20 pharmaceutical agents that can be utilized and prescribed by 21 an optometrist. 22 (l) Nothing in this Act prohibits the use of diagnostic 23 topical ocular pharmaceutical agents or therapeutic ocular 24 pharmaceutical agents in the practice of optometry by 25 optometrists certified for such use under this Section. 26 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97; 27 90-73, eff. 7-8-97.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.