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91_SB0368
LRB9104241ACtm
1 AN ACT concerning contact lenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Contact Lens Act.
6 Section 5. Definitions. As used in this Act:
7 "Contact lens prescription" means a written order bearing
8 the original signature of a duly licensed optometrist or
9 physician or an oral or electronic order issued directly by
10 an optometrist or physician to an ophthalmic provider that
11 authorizes the dispensing of contact lenses to a patient.
12 "Department" means the Department of Professional
13 Regulation.
14 "Mail-order ophthalmic provider" means an entity that
15 dispenses contact lenses through the United States Postal
16 Service or other common carrier to Illinois residents.
17 "Ophthalmic provider" means an optometrist, a physician,
18 a pharmacist, or a mail-order ophthalmic provider who is
19 responsible for the dispensing of contact lenses to a patient
20 in accordance with a contact lens prescription.
21 "Optometrist" means an individual licensed to practice
22 optometry under the Illinois Optometric Practice Act of 1987.
23 "Pharmacist" means an individual licensed under the
24 Pharmacy Practice Act of 1987.
25 "Physician" means an individual licensed to practice
26 medicine in all of its branches under the Medical Practice
27 Act of 1987.
28 Section 10. Dispensing contact lenses; prescription;
29 requirements.
30 (a) Only an ophthalmic provider may dispense contact
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1 lenses in this State or to a patient in this State, and the
2 contact lenses may be dispensed only in accordance with a
3 contact lens prescription.
4 (b) The ophthalmic provider must maintain a copy of a
5 contact lens prescription for 3 years.
6 (c) A contact lens prescription must contain the
7 following:
8 (1) the name of the patient;
9 (2) the date written;
10 (3) an expiration date of not more than one year
11 from the date written, which shall not be more than 2
12 years past the date on which the lens specifications were
13 determined;
14 (4) the number of contact lenses permitted per
15 prescription;
16 (5) the number of refills permitted;
17 (6) instructions for use consistent with the
18 recommendations of the contact lens manufacturer,
19 clinical practice guidelines, and the professional
20 judgment of the optometrist or physician;
21 (7) the name, office address, telephone number, and
22 license number of the optometrist or physician issuing
23 the prescription;
24 (8) the date on which the patient was last
25 examined;
26 (9) the ophthalmic information necessary to
27 accurately fabricate the lenses;
28 (10) the lens manufacturer and the lens material;
29 and
30 (11) a statement of whether substitutions are
31 permitted.
32 Section 15. Rules. The Department shall promulgate
33 rules, as may be necessary, for the administration of this
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1 Act, including without limitation rules requiring
2 registration and certification of mail order ophthalmic
3 providers under Section 20. Notice of proposed rulemaking
4 shall be transmitted to the Illinois Optometric Licensing and
5 Disciplinary Board, the Illinois State Medical Licensing
6 Board, and the State Board of Pharmacy, and the Department
7 shall review the response from the Boards and any
8 recommendations they make.
9 Section 20. Mail-order opthalmic providers; rules;
10 nonresident opthalmic provider registration.
11 (a) The Department shall establish rules and
12 regulations, consistent with the provisions of this Act,
13 governing mail-order ophthalmic providers that sell or offer
14 for sale contact lenses in this State.
15 (b) The Department shall require and provide for an
16 annual registration for all mail order ophthalmic providers
17 located outside of this State that dispense contact lenses
18 for Illinois residents and mail, ship, or deliver contact
19 lenses into this State. A mail-order ophthalmic provider's
20 registration shall be granted by the Department upon the
21 disclosure and certification by a mail-order ophthalmic
22 provider of all of the following:
23 (1) That it is licensed or registered to distribute
24 contact lenses in the state in which the dispensing
25 facility is located and from which the contact lenses are
26 dispensed, if required.
27 (2) The location, names, and titles of all
28 principal corporate officers and all persons who are
29 responsible for dispensing contact lenses to residents of
30 this State.
31 (3) That it complies with all lawful directions and
32 request for information from the appropriate agency of
33 each state in which it is licensed or registered, except
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1 that it shall respond directly to all communications from
2 the Department concerning emergency circumstances arising
3 from the dispensing of contact lenses to residents of
4 this State.
5 (4) That it maintains its records of contact lenses
6 dispensed to residences of this State so that the records
7 are readily retrievable.
8 (5) That it cooperates with the Department in
9 providing information to the appropriate agency of the
10 state in which it is licensed or registered concerning
11 matters related to the dispensing of contact lenses to
12 residents of this State.
13 (6) That it conducts business in a manner that
14 conforms with Section 10 of this Act.
15 (7) That it provides a toll-free telephone service
16 for responding to patient questions and complaints during
17 regular hours of operation, but in no event less than 6
18 days per week and 40 hours per week. The toll-free
19 number shall be included in literature provided with
20 mailed contact lenses. All questions relating to eye
21 care for the lenses prescribed shall be referred back to
22 the contact lens prescriber.
23 (8) That it provides the following or a
24 substantially equivalent written notification to the
25 patient whenever contact lenses are supplied: WARNING:
26 IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS REMOVE
27 YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE
28 PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN:
29 UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR
30 REDNESS.
31 (9) That it discloses in any price advertisement
32 any required membership fees and enrollment fees, and
33 indicates that shipping costs may apply unless the
34 advertisement specifically and clearly states otherwise.
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1 (c) The Department shall provide a copy of this Act with
2 each application for registration.
3 Section 25. Fees. The Department shall provide by rule
4 for a schedule of fees for the administration and enforcement
5 of this Act. The fees shall be nonrefundable.
6 All fees collected under this Act shall be deposited into
7 the General Professions Dedicated Fund and, subject to
8 appropriation, shall be used by the Department for the
9 ordinary and contingent expenses of the Department in the
10 administration of this Act.
11 Section 30. Violation; civil penalty.
12 (a) Any person who dispenses, offers to dispense, or
13 attempts to dispense contact lenses in violation of this Act
14 shall, in addition to any other penalty provided by law, pay
15 a civil penalty to the Department in an amount not to exceed
16 $5,000 for each offense as determined by the Department. The
17 civil penalty shall be assessed by the Department after a
18 hearing is held in accordance with the provisions set forth
19 in the Illinois Administrative Procedure Act.
20 (b) The Department may investigate all violations of
21 this Act.
22 (c) The civil penalty shall be paid within 60 days after
23 the effective date of the order imposing the civil penalty.
24 The order constitutes a judgment and may be filed and
25 execution had thereon in the same manner as any judgment from
26 any court of record.
27 Section 35. Dispensing by physician, optometrist, or
28 pharmacist in Illinois. Any person or entity located in this
29 State that dispenses contact lenses to persons residing
30 within this State must be or employ a physician, an
31 optometrist, or a pharmacist who is responsible for the
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1 dispensing of the contact lenses.
2 Section 40. Deposit of civil penalties; appropriations.
3 All of the civil penalties collected under this Act shall be
4 deposited in the General Professions Dedicated Fund. All
5 moneys in the Fund shall be used by the Department, as
6 appropriated, for the ordinary and contingent expenses of the
7 Department.
8 Section 90. The Medical Practice Act of 1987 is amended
9 by changing Section 22 as follows:
10 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
11 Sec. 22. Disciplinary action.
12 (A) The Department may revoke, suspend, place on
13 probationary status, or take any other disciplinary action as
14 the Department may deem proper with regard to the license or
15 visiting professor permit of any person issued under this Act
16 to practice medicine, or to treat human ailments without the
17 use of drugs and without operative surgery upon any of the
18 following grounds:
19 (1) Performance of an elective abortion in any
20 place, locale, facility, or institution other than:
21 (a) a facility licensed pursuant to the
22 Ambulatory Surgical Treatment Center Act;
23 (b) an institution licensed under the Hospital
24 Licensing Act; or
25 (c) an ambulatory surgical treatment center or
26 hospitalization or care facility maintained by the
27 State or any agency thereof, where such department
28 or agency has authority under law to establish and
29 enforce standards for the ambulatory surgical
30 treatment centers, hospitalization, or care
31 facilities under its management and control; or
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1 (d) ambulatory surgical treatment centers,
2 hospitalization or care facilities maintained by the
3 Federal Government; or
4 (e) ambulatory surgical treatment centers,
5 hospitalization or care facilities maintained by any
6 university or college established under the laws of
7 this State and supported principally by public funds
8 raised by taxation.
9 (2) Performance of an abortion procedure in a
10 wilful and wanton manner on a woman who was not pregnant
11 at the time the abortion procedure was performed.
12 (3) The conviction of a felony in this or any other
13 jurisdiction, except as otherwise provided in subsection
14 B of this Section, whether or not related to practice
15 under this Act, or the entry of a guilty or nolo
16 contendere plea to a felony charge.
17 (4) Gross negligence in practice under this Act.
18 (5) Engaging in dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud or harm the public.
21 (6) Obtaining any fee by fraud, deceit, or
22 misrepresentation.
23 (7) Habitual or excessive use or abuse of drugs
24 defined in law as controlled substances, of alcohol, or
25 of any other substances which results in the inability to
26 practice with reasonable judgment, skill or safety.
27 (8) Practicing under a false or, except as provided
28 by law, an assumed name.
29 (9) Fraud or misrepresentation in applying for, or
30 procuring, a license under this Act or in connection with
31 applying for renewal of a license under this Act.
32 (10) Making a false or misleading statement
33 regarding their skill or the efficacy or value of the
34 medicine, treatment, or remedy prescribed by them at
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1 their direction in the treatment of any disease or other
2 condition of the body or mind.
3 (11) Allowing another person or organization to use
4 their license, procured under this Act, to practice.
5 (12) Disciplinary action of another state or
6 jurisdiction against a license or other authorization to
7 practice as a medical doctor, doctor of osteopathy,
8 doctor of osteopathic medicine or doctor of chiropractic,
9 a certified copy of the record of the action taken by the
10 other state or jurisdiction being prima facie evidence
11 thereof.
12 (13) Violation of any provision of this Act or of
13 the Medical Practice Act prior to the repeal of that Act,
14 or violation of the rules, or a final administrative
15 action of the Director, after consideration of the
16 recommendation of the Disciplinary Board.
17 (14) Dividing with anyone other than physicians
18 with whom the licensee practices in a partnership,
19 Professional Association, limited liability company, or
20 Medical or Professional Corporation any fee, commission,
21 rebate or other form of compensation for any professional
22 services not actually and personally rendered. Nothing
23 contained in this subsection prohibits persons holding
24 valid and current licenses under this Act from practicing
25 medicine in partnership under a partnership agreement,
26 including a limited liability partnership, in a limited
27 liability company under the Limited Liability Company
28 Act, in a corporation authorized by the Medical
29 Corporation Act, as an association authorized by the
30 Professional Association Act, or in a corporation under
31 the Professional Corporation Act or from pooling,
32 sharing, dividing or apportioning the fees and monies
33 received by them or by the partnership, corporation or
34 association in accordance with the partnership agreement
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1 or the policies of the Board of Directors of the
2 corporation or association. Nothing contained in this
3 subsection prohibits 2 or more corporations authorized by
4 the Medical Corporation Act, from forming a partnership
5 or joint venture of such corporations, and providing
6 medical, surgical and scientific research and knowledge
7 by employees of these corporations if such employees are
8 licensed under this Act, or from pooling, sharing,
9 dividing, or apportioning the fees and monies received by
10 the partnership or joint venture in accordance with the
11 partnership or joint venture agreement. Nothing
12 contained in this subsection shall abrogate the right of
13 2 or more persons, holding valid and current licenses
14 under this Act, to each receive adequate compensation for
15 concurrently rendering professional services to a patient
16 and divide a fee; provided, the patient has full
17 knowledge of the division, and, provided, that the
18 division is made in proportion to the services performed
19 and responsibility assumed by each.
20 (15) A finding by the Medical Disciplinary Board
21 that the registrant after having his or her license
22 placed on probationary status or subjected to conditions
23 or restrictions violated the terms of the probation or
24 failed to comply with such terms or conditions.
25 (16) Abandonment of a patient.
26 (17) Prescribing, selling, administering,
27 distributing, giving or self-administering any drug
28 classified as a controlled substance (designated product)
29 or narcotic for other than medically accepted therapeutic
30 purposes.
31 (18) Promotion of the sale of drugs, devices,
32 appliances or goods provided for a patient in such manner
33 as to exploit the patient for financial gain of the
34 physician.
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1 (19) Offering, undertaking or agreeing to cure or
2 treat disease by a secret method, procedure, treatment or
3 medicine, or the treating, operating or prescribing for
4 any human condition by a method, means or procedure which
5 the licensee refuses to divulge upon demand of the
6 Department.
7 (20) Immoral conduct in the commission of any act
8 including, but not limited to, commission of an act of
9 sexual misconduct related to the licensee's practice.
10 (21) Wilfully making or filing false records or
11 reports in his or her practice as a physician, including,
12 but not limited to, false records to support claims
13 against the medical assistance program of the Department
14 of Public Aid under the Illinois Public Aid Code.
15 (22) Wilful omission to file or record, or wilfully
16 impeding the filing or recording, or inducing another
17 person to omit to file or record, medical reports as
18 required by law, or wilfully failing to report an
19 instance of suspected abuse or neglect as required by
20 law.
21 (23) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act, and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected
27 Child Reporting Act.
28 (24) Solicitation of professional patronage by any
29 corporation, agents or persons, or profiting from those
30 representing themselves to be agents of the licensee.
31 (25) Gross and wilful and continued overcharging
32 for professional services, including filing false
33 statements for collection of fees for which services are
34 not rendered, including, but not limited to, filing such
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1 false statements for collection of monies for services
2 not rendered from the medical assistance program of the
3 Department of Public Aid under the Illinois Public Aid
4 Code.
5 (26) A pattern of practice or other behavior which
6 demonstrates incapacity or incompetence to practice under
7 this Act.
8 (27) Mental illness or disability which results in
9 the inability to practice under this Act with reasonable
10 judgment, skill or safety.
11 (28) Physical illness, including, but not limited
12 to, deterioration through the aging process, or loss of
13 motor skill which results in a physician's inability to
14 practice under this Act with reasonable judgment, skill
15 or safety.
16 (29) Cheating on or attempt to subvert the
17 licensing examinations administered under this Act.
18 (30) Wilfully or negligently violating the
19 confidentiality between physician and patient except as
20 required by law.
21 (31) The use of any false, fraudulent, or deceptive
22 statement in any document connected with practice under
23 this Act.
24 (32) Aiding and abetting an individual not licensed
25 under this Act in the practice of a profession licensed
26 under this Act.
27 (33) Violating state or federal laws or regulations
28 relating to controlled substances.
29 (34) Failure to report to the Department any
30 adverse final action taken against them by another
31 licensing jurisdiction (any other state or any territory
32 of the United States or any foreign state or country), by
33 any peer review body, by any health care institution, by
34 any professional society or association related to
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1 practice under this Act, by any governmental agency, by
2 any law enforcement agency, or by any court for acts or
3 conduct similar to acts or conduct which would constitute
4 grounds for action as defined in this Section.
5 (35) Failure to report to the Department surrender
6 of a license or authorization to practice as a medical
7 doctor, a doctor of osteopathy, a doctor of osteopathic
8 medicine, or doctor of chiropractic in another state or
9 jurisdiction, or surrender of membership on any medical
10 staff or in any medical or professional association or
11 society, while under disciplinary investigation by any of
12 those authorities or bodies, for acts or conduct similar
13 to acts or conduct which would constitute grounds for
14 action as defined in this Section.
15 (36) Failure to report to the Department any
16 adverse judgment, settlement, or award arising from a
17 liability claim related to acts or conduct similar to
18 acts or conduct which would constitute grounds for action
19 as defined in this Section.
20 (37) Failure to transfer copies of medical records
21 as required by law.
22 (38) Failure to furnish the Department, its
23 investigators or representatives, relevant information,
24 legally requested by the Department after consultation
25 with the Chief Medical Coordinator or the Deputy Medical
26 Coordinator.
27 (39) Violating the Health Care Worker Self-Referral
28 Act.
29 (40) Willful failure to provide notice when notice
30 is required under the Parental Notice of Abortion Act of
31 1995.
32 (41) Failure to establish and maintain records of
33 patient care and treatment as required by this law.
34 (42) Entering into an excessive number of written
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1 collaborative agreements with licensed advanced practice
2 nurses resulting in an inability to adequately
3 collaborate and provide medical direction.
4 (43) Repeated failure to adequately collaborate
5 with or provide medical direction to a licensed advanced
6 practice nurse.
7 (44) Violating the Contact Lens Act.
8 All proceedings to suspend, revoke, place on probationary
9 status, or take any other disciplinary action as the
10 Department may deem proper, with regard to a license on any
11 of the foregoing grounds, must be commenced within 3 years
12 next after receipt by the Department of a complaint alleging
13 the commission of or notice of the conviction order for any
14 of the acts described herein. Except for the grounds
15 numbered (8), (9) and (29), no action shall be commenced more
16 than 5 years after the date of the incident or act alleged to
17 have violated this Section. In the event of the settlement
18 of any claim or cause of action in favor of the claimant or
19 the reduction to final judgment of any civil action in favor
20 of the plaintiff, such claim, cause of action or civil action
21 being grounded on the allegation that a person licensed under
22 this Act was negligent in providing care, the Department
23 shall have an additional period of one year from the date of
24 notification to the Department under Section 23 of this Act
25 of such settlement or final judgment in which to investigate
26 and commence formal disciplinary proceedings under Section 36
27 of this Act, except as otherwise provided by law. The time
28 during which the holder of the license was outside the State
29 of Illinois shall not be included within any period of time
30 limiting the commencement of disciplinary action by the
31 Department.
32 The entry of an order or judgment by any circuit court
33 establishing that any person holding a license under this Act
34 is a person in need of mental treatment operates as a
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1 suspension of that license. That person may resume their
2 practice only upon the entry of a Departmental order based
3 upon a finding by the Medical Disciplinary Board that they
4 have been determined to be recovered from mental illness by
5 the court and upon the Disciplinary Board's recommendation
6 that they be permitted to resume their practice.
7 The Department may refuse to issue or take disciplinary
8 action concerning the license of any person who fails to file
9 a return, or to pay the tax, penalty or interest shown in a
10 filed return, or to pay any final assessment of tax, penalty
11 or interest, as required by any tax Act administered by the
12 Illinois Department of Revenue, until such time as the
13 requirements of any such tax Act are satisfied as determined
14 by the Illinois Department of Revenue.
15 The Department, upon the recommendation of the
16 Disciplinary Board, shall adopt rules which set forth
17 standards to be used in determining:
18 (a) when a person will be deemed sufficiently
19 rehabilitated to warrant the public trust;
20 (b) what constitutes dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public;
23 (c) what constitutes immoral conduct in the
24 commission of any act, including, but not limited to,
25 commission of an act of sexual misconduct related to the
26 licensee's practice; and
27 (d) what constitutes gross negligence in the
28 practice of medicine.
29 However, no such rule shall be admissible into evidence
30 in any civil action except for review of a licensing or other
31 disciplinary action under this Act.
32 In enforcing this Section, the Medical Disciplinary
33 Board, upon a showing of a possible violation, may compel any
34 individual licensed to practice under this Act, or who has
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1 applied for licensure or a permit pursuant to this Act, to
2 submit to a mental or physical examination, or both, as
3 required by and at the expense of the Department. The
4 examining physician or physicians shall be those specifically
5 designated by the Disciplinary Board. The Medical
6 Disciplinary Board or the Department may order the examining
7 physician to present testimony concerning this mental or
8 physical examination of the licensee or applicant. No
9 information shall be excluded by reason of any common law or
10 statutory privilege relating to communication between the
11 licensee or applicant and the examining physician. The
12 individual to be examined may have, at his or her own
13 expense, another physician of his or her choice present
14 during all aspects of the examination. Failure of any
15 individual to submit to mental or physical examination, when
16 directed, shall be grounds for suspension of his or her
17 license until such time as the individual submits to the
18 examination if the Disciplinary Board finds, after notice and
19 hearing, that the refusal to submit to the examination was
20 without reasonable cause. If the Disciplinary Board finds a
21 physician unable to practice because of the reasons set forth
22 in this Section, the Disciplinary Board shall require such
23 physician to submit to care, counseling, or treatment by
24 physicians approved or designated by the Disciplinary Board,
25 as a condition for continued, reinstated, or renewed
26 licensure to practice. Any physician, whose license was
27 granted pursuant to Sections 9, 17, or 19 of this Act, or,
28 continued, reinstated, renewed, disciplined or supervised,
29 subject to such terms, conditions or restrictions who shall
30 fail to comply with such terms, conditions or restrictions,
31 or to complete a required program of care, counseling, or
32 treatment, as determined by the Chief Medical Coordinator or
33 Deputy Medical Coordinators, shall be referred to the
34 Director for a determination as to whether the licensee shall
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1 have their license suspended immediately, pending a hearing
2 by the Disciplinary Board. In instances in which the
3 Director immediately suspends a license under this Section, a
4 hearing upon such person's license must be convened by the
5 Disciplinary Board within 15 days after such suspension and
6 completed without appreciable delay. The Disciplinary Board
7 shall have the authority to review the subject physician's
8 record of treatment and counseling regarding the impairment,
9 to the extent permitted by applicable federal statutes and
10 regulations safeguarding the confidentiality of medical
11 records.
12 An individual licensed under this Act, affected under
13 this Section, shall be afforded an opportunity to demonstrate
14 to the Disciplinary Board that they can resume practice in
15 compliance with acceptable and prevailing standards under the
16 provisions of their license.
17 The Department may promulgate rules for the imposition of
18 fines in disciplinary cases, not to exceed $5,000 for each
19 violation of this Act. Fines may be imposed in conjunction
20 with other forms of disciplinary action, but shall not be the
21 exclusive disposition of any disciplinary action arising out
22 of conduct resulting in death or injury to a patient. Any
23 funds collected from such fines shall be deposited in the
24 Medical Disciplinary Fund.
25 (B) The Department shall revoke the license or visiting
26 permit of any person issued under this Act to practice
27 medicine or to treat human ailments without the use of drugs
28 and without operative surgery, who has been convicted a
29 second time of committing any felony under the Illinois
30 Controlled Substances Act, or who has been convicted a second
31 time of committing a Class 1 felony under Sections 8A-3 and
32 8A-6 of the Illinois Public Aid Code. A person whose license
33 or visiting permit is revoked under this subsection B of
34 Section 22 of this Act shall be prohibited from practicing
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1 medicine or treating human ailments without the use of drugs
2 and without operative surgery.
3 (C) The Medical Disciplinary Board shall recommend to
4 the Department civil penalties and any other appropriate
5 discipline in disciplinary cases when the Board finds that a
6 physician willfully performed an abortion with actual
7 knowledge that the person upon whom the abortion has been
8 performed is a minor or an incompetent person without notice
9 as required under the Parental Notice of Abortion Act of
10 1995. Upon the Board's recommendation, the Department shall
11 impose, for the first violation, a civil penalty of $1,000
12 and for a second or subsequent violation, a civil penalty of
13 $5,000.
14 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
15 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
16 8-13-98.)
17 Section 95. The Illinois Optometric Practice Act of 1987
18 is amended by changing Section 24 as follows:
19 (225 ILCS 80/24) (from Ch. 111, par. 3924)
20 Sec. 24. Grounds for disciplinary action.
21 (a) The Department may refuse to issue or to renew, or
22 may revoke, suspend, place on probation, reprimand or take
23 other disciplinary action as the Department may deem proper,
24 including fines not to exceed $5,000 for each violation, with
25 regard to any license or certificate for any one or
26 combination of the following causes:
27 (1) Violations of this Act, or of the rules
28 promulgated hereunder.
29 (2) Conviction of any crime under the laws of any
30 U.S. jurisdiction thereof that is a felony or that is a
31 misdemeanor of which an essential element is dishonesty,
32 or of any crime that is directly related to the practice
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1 of the profession.
2 (3) Making any misrepresentation for the purpose of
3 obtaining a license or certificate.
4 (4) Professional incompetence or gross negligence
5 in the practice of optometry.
6 (5) Gross malpractice, prima facie evidence of
7 which may be a conviction or judgment of malpractice in
8 any court of competent jurisdiction.
9 (6) Aiding or assisting another person in violating
10 any provision of this Act or rules.
11 (7) Failing, within 60 days, to provide information
12 in response to a written request made by the Department
13 that has been sent by certified or registered mail to the
14 licensee's last known address.
15 (8) Engaging in dishonorable, unethical, or
16 unprofessional conduct of a character likely to deceive,
17 defraud, or harm the public.
18 (9) Habitual or excessive use or addiction to
19 alcohol, narcotics, stimulants or any other chemical
20 agent or drug that results in the inability to practice
21 with reasonable judgment, skill, or safety.
22 (10) Discipline by another U.S. jurisdiction or
23 foreign nation, if at least one of the grounds for the
24 discipline is the same or substantially equivalent to
25 those set forth herein.
26 (11) Directly or indirectly giving to or receiving
27 from any person, firm, corporation, partnership, or
28 association any fee, commission, rebate, or other form of
29 compensation for any professional services not actually
30 or personally rendered. This shall not be deemed to
31 include (i) rent or other remunerations paid to an
32 individual, partnership, or corporation by an optometrist
33 for the lease, rental, or use of space, owned or
34 controlled, by the individual, partnership, corporation
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1 or association, and (ii) the division of fees between an
2 optometrist and related professional service providers
3 with whom the optometrist practices in a professional
4 corporation organized under Section 3.6 of the
5 Professional Service Corporation Act.
6 (12) A finding by the Department that the licensee,
7 after having his or her license placed on probationary
8 status has violated the terms of probation.
9 (13) Abandonment of a patient.
10 (14) Willfully making or filing false records or
11 reports in his or her practice, including but not limited
12 to false records filed with State agencies or
13 departments.
14 (15) Willfully failing to report an instance of
15 suspected child abuse or neglect as required by the
16 Abused and Neglected Child Reporting Act.
17 (16) Physical illness, including but not limited
18 to, deterioration through the aging process, or loss of
19 motor skill, mental illness, or disability that results
20 in the inability to practice the profession with
21 reasonable judgment, skill, or safety.
22 (17) Solicitation of professional services other
23 than permitted advertising.
24 (18) Failure to provide a patient with a copy of
25 his or her record or prescription upon the written
26 request of the patient.
27 (19) Conviction by any court of competent
28 jurisdiction, either within or without this State, of any
29 violation of any law governing the practice of optometry,
30 conviction in this or another State of any crime that is
31 a felony under the laws of this State or conviction of a
32 felony in a federal court, if the Department determines,
33 after investigation, that such person has not been
34 sufficiently rehabilitated to warrant the public trust.
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1 (20) A finding that licensure has been applied for
2 or obtained by fraudulent means.
3 (21) Continued practice by a person knowingly
4 having an infectious or contagious disease.
5 (22) Being named as a perpetrator in an indicated
6 report by the Department of Children and Family Services
7 under the Abused and Neglected Child Reporting Act, and
8 upon proof by clear and convincing evidence that the
9 licensee has caused a child to be an abused child or a
10 neglected child as defined in the Abused and Neglected
11 Child Reporting Act.
12 (23) Practicing or attempting to practice under a
13 name other than the full name as shown on his or her
14 license.
15 (24) Immoral conduct in the commission of any act,
16 such as sexual abuse, sexual misconduct or sexual
17 exploitation, related to the licensee's practice.
18 (25) Maintaining a professional relationship with
19 any person, firm, or corporation when the optometrist
20 knows, or should know, that such person, firm, or
21 corporation is violating this Act.
22 (26) Promotion of the sale of drugs, devices,
23 appliances or goods provided for a client or patient in
24 such manner as to exploit the patient or client for
25 financial gain of the licensee.
26 (27) Using the title "Doctor" or its abbreviation
27 without further qualifying that title or abbreviation
28 with the word "optometry" or "optometrist".
29 (28) Use by a licensed optometrist of the word
30 "infirmary", "hospital", "school", "university", in
31 English or any other language, in connection with the
32 place where optometry may be practiced or demonstrated.
33 (29) Continuance of an optometrist in the employ of
34 any person, firm or corporation, or as an assistant to
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1 any optometrist or optometrists, directly or indirectly,
2 after his or her employer or superior has been found
3 guilty of violating or has been enjoined from violating
4 the laws of the State of Illinois relating to the
5 practice of optometry, when the employer or superior
6 persists in that violation.
7 (30) The performance of optometric service in
8 conjunction with a scheme or plan with another person,
9 firm or corporation known to be advertising in a manner
10 contrary to this Act or otherwise violating the laws of
11 the State of Illinois concerning the practice of
12 optometry.
13 (31) Failure to provide satisfactory proof of
14 having participated in approved continuing education
15 programs as determined by the Board and approved by the
16 Director. Exceptions for extreme hardships are to be
17 defined by the rules of the Department.
18 (32) Willfully making or filing false records or
19 reports in the practice of optometry, including, but not
20 limited to false records to support claims against the
21 medical assistance program of the Department of Public
22 Aid under the Illinois Public Aid Code.
23 (33) Gross and willful overcharging for
24 professional services including filing false statements
25 for collection of fees for which services are not
26 rendered, including, but not limited to filing false
27 statements for collection of monies for services not
28 rendered from the medical assistance program of the
29 Department of Public Aid under the Illinois Public Aid
30 Code.
31 (34) In the absence of good reasons to the
32 contrary, failure to perform a minimum eye examination as
33 required by the rules of the Department.
34 (35) Violation of the Health Care Worker
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1 Self-Referral Act.
2 (36) Violation of the Contact Lens Act.
3 The Department may refuse to issue or may suspend the
4 license or certificate of any person who fails to file a
5 return, or to pay the tax, penalty or interest shown in a
6 filed return, or to pay any final assessment of the tax,
7 penalty or interest, as required by any tax Act administered
8 by the Illinois Department of Revenue, until such time as the
9 requirements of any such tax Act are satisfied.
10 (a-5) In enforcing this Section, the Board upon a
11 showing of a possible violation, may compel any individual
12 licensed to practice under this Act, or who has applied for
13 licensure or certification pursuant to this Act, to submit to
14 a mental or physical examination, or both, as required by and
15 at the expense of the Department. The examining physicians
16 or clinical psychologists shall be those specifically
17 designated by the Board. The Board or the Department may
18 order the examining physician or clinical psychologist to
19 present testimony concerning this mental or physical
20 examination of the licensee or applicant. No information
21 shall be excluded by reason of any common law or statutory
22 privilege relating to communications between the licensee or
23 applicant and the examining physician or clinical
24 psychologist. Eye examinations may be provided by a licensed
25 and certified therapeutic optometrist. The individual to be
26 examined may have, at his or her own expense, another
27 physician of his or her choice present during all aspects of
28 the examination. Failure of any individual to submit to a
29 mental or physical examination, when directed, shall be
30 grounds for suspension of a license until such time as the
31 individual submits to the examination if the Board finds,
32 after notice and hearing, that the refusal to submit to the
33 examination was without reasonable cause.
34 If the Board finds an individual unable to practice
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1 because of the reasons set forth in this Section, the Board
2 shall require such individual to submit to care, counseling,
3 or treatment by physicians or clinical psychologists approved
4 or designated by the Board, as a condition, term, or
5 restriction for continued, reinstated, or renewed licensure
6 to practice, or in lieu of care, counseling, or treatment,
7 the Board may recommend to the Department to file a complaint
8 to immediately suspend, revoke, or otherwise discipline the
9 license of the individual, or the Board may recommend to the
10 Department to file a complaint to suspend, revoke, or
11 otherwise discipline the license of the individual. Any
12 individual whose license was granted pursuant to this Act, or
13 continued, reinstated, renewed, disciplined, or supervised,
14 subject to such conditions, terms, or restrictions, who shall
15 fail to comply with such conditions, terms, or restrictions,
16 shall be referred to the Director for a determination as to
17 whether the individual shall have his or her license
18 suspended immediately, pending a hearing by the Board.
19 (b) The determination by a circuit court that a licensee
20 is subject to involuntary admission or judicial admission as
21 provided in the Mental Health and Developmental Disabilities
22 Code operates as an automatic suspension. The suspension
23 will end only upon a finding by a court that the patient is
24 no longer subject to involuntary admission or judicial
25 admission and issues an order so finding and discharging the
26 patient; and upon the recommendation of the Board to the
27 Director that the licensee be allowed to resume his or her
28 practice.
29 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
30 90-655, eff. 7-30-98.)
31 Section 100. The Pharmacy Practice Act of 1987 is
32 amended by changing Section 35 as follows:
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1 (225 ILCS 85/30) (from Ch. 111, par. 4150)
2 Sec. 30. (a) In accordance with Section 11 of this Act,
3 the Department may refuse to issue, restore, or renew, or may
4 revoke, suspend, place on probation, reprimand or take other
5 disciplinary action as the Department may deem proper with
6 regard to any license or certificate of registration for any
7 one or combination of the following causes:
8 1. Material misstatement in furnishing information
9 to the Department.
10 2. Violations of this Act, or the rules promulgated
11 hereunder.
12 3. Making any misrepresentation for the purpose of
13 obtaining licenses.
14 4. A pattern of conduct which demonstrates
15 incompetence or unfitness to practice.
16 5. Aiding or assisting another person in violating
17 any provision of this Act or rules.
18 6. Failing, within 60 days, to respond to a written
19 request made by the Department for information.
20 7. Engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public.
23 8. Discipline by another U.S. jurisdiction or
24 foreign nation, if at least one of the grounds for the
25 discipline is the same or substantially equivalent to
26 those set forth herein.
27 9. Directly or indirectly giving to or receiving
28 from any person, firm, corporation, partnership or
29 association any fee, commission, rebate or other form of
30 compensation for any professional services not actually
31 or personally rendered.
32 10. A finding by the Department that the licensee,
33 after having his license placed on probationary status
34 has violated the terms of probation.
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1 11. Selling or engaging in the sale of drug samples
2 provided at no cost by drug manufacturers.
3 12. Physical illness, including but not limited to,
4 deterioration through the aging process, or loss of motor
5 skill which results in the inability to practice the
6 profession with reasonable judgment, skill or safety.
7 13. A finding that licensure or registration has
8 been applied for or obtained by fraudulent means.
9 14. The applicant, or licensee has been convicted
10 in state or federal court of any crime which is a felony
11 or any misdemeanor related to the practice of pharmacy,
12 of which an essential element is dishonesty.
13 15. Habitual or excessive use or addiction to
14 alcohol, narcotics, stimulants or any other chemical
15 agent or drug which results in the inability to practice
16 with reasonable judgment, skill or safety.
17 16. Willfully making or filing false records or
18 reports in the practice of pharmacy, including, but not
19 limited to false records to support claims against the
20 medical assistance program of the Department of Public
21 Aid under the Public Aid Code.
22 17. Gross and willful overcharging for professional
23 services including filing false statements for collection
24 of fees for which services are not rendered, including,
25 but not limited to, filing false statements for
26 collection of monies for services not rendered from the
27 medical assistance program of the Department of Public
28 Aid under the Public Aid Code.
29 18. Repetitiously dispensing prescription drugs
30 without receiving a written or oral prescription.
31 19. Upon a finding of a substantial discrepancy in
32 a Department audit of a prescription drug, including
33 controlled substances, as that term is defined in this
34 Act or in the Illinois Controlled Substances Act.
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1 20. Physical illness which results in the inability
2 to practice with reasonable judgment, skill or safety, or
3 mental incompetency as declared by a court of competent
4 jurisdiction.
5 21. Violation of the Health Care Worker
6 Self-Referral Act.
7 22. Violation of the Contact Lens Act.
8 (b) The Department may refuse to issue or may suspend
9 the license or registration of any person who fails to file a
10 return, or to pay the tax, penalty or interest shown in a
11 filed return, or to pay any final assessment of tax, penalty
12 or interest, as required by any tax Act administered by the
13 Illinois Department of Revenue, until such time as the
14 requirements of any such tax Act are satisfied.
15 (c) The Department shall revoke the license or
16 certificate of registration issued under the provisions of
17 this Act or any prior Act of this State of any person who has
18 been convicted a second time of committing any felony under
19 the Illinois Controlled Substances Act, or who has been
20 convicted a second time of committing a Class 1 felony under
21 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
22 person whose license or certificate of registration issued
23 under the provisions of this Act or any prior Act of this
24 State is revoked under this subsection (c) shall be
25 prohibited from engaging in the practice of pharmacy in this
26 State.
27 (d) In any order issued in resolution of a disciplinary
28 proceeding, the Board may request any licensee found guilty
29 of a charge involving a significant violation of subsection
30 (a) of Section 5, or paragraph 19 of Section 30 as it
31 pertains to controlled substances, to pay to the Department a
32 fine not to exceed $2,000.
33 (e) In any order issued in resolution of a disciplinary
34 proceeding, in addition to any other disciplinary action, the
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1 Board may request any licensee found guilty of noncompliance
2 with the continuing education requirements of Section 12 to
3 pay the Department a fine not to exceed $1000.
4 (f) The Department shall issue quarterly to the Board a
5 status of all complaints related to the profession received
6 by the Department.
7 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)