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91_SB0367enr
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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.
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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
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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
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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 Department of three years from the date on which such
6 professional 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 voting non-voting member 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-year 4 year terms and until their
27 successors are appointed and qualified. No member shall be
28 appointed reappointed to 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 term
31 which would cause his or her continuous service on the Board
32 to be longer than 8 successive years. Appointments to fill
33 vacancies shall be made in the same manner as original
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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.)
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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 initial original licensure 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
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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
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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,
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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.
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