AUTHORITY: Optometric Practice Act of 1987 [225 ILCS 80]; Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Adopted at 5 Ill. Reg. 5869, effective June 1, 1981; codified at 5 Ill. Reg. 11046; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; emergency amendment at 6 Ill. Reg. 2273, effective January 29, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; amended at 6 Ill. Reg. 10032, effective August 1, 1982; amended at 9 Ill. Reg. 1092, effective January 11, 1985; amended at 10 Ill. Reg. 7340, effective April 16, 1986; transferred from Chapter I, 68 Ill. Adm. Code 320 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1320 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 1821; emergency amendment at 12 Ill. Reg. 1925, effective January 1, 1988, for a maximum of 150 days; emergency expired May 30, 1988; amended at 12 Ill. Reg. 11447, effective June 27, 1988; amended at 13 Ill. Reg. 6994, effective April 25, 1989; amended at 14 Ill. Reg. 14128, effective August 15, 1990; amended at 17 Ill. Reg. 18096, effective October 4, 1993; amended at 17 Ill. Reg. 21501, effective December 1, 1993; amended at 19 Ill. Reg. 17150, effective December 19, 1995; amended at 20 Ill. Reg. 9068, effective July 1, 1996; amended at 21 Ill. Reg. 16040, effective November 24, 1997; amended at 23 Ill. Reg. 5744, effective April 30, 1999; amended at 24 Ill. Reg. 3656, effective February 15, 2000; amended at 27 Ill. Reg. 2677, effective January 31, 2003; amended at 28 Ill. Reg. 4945, effective March 3, 2004; amended at 28 Ill. Reg. 16247, effective December 2, 2004; amended at 29 Ill. Reg. 20616, effective December 6, 2005; amended at 31 Ill. Reg. 4339, effective March 5, 2007; amended at 32 Ill. Reg. 3243, effective February 21, 2008; amended at 34 Ill. Reg. 2883, effective February 18, 2010; amended at 36 Ill. Reg. 10006, effective June 29, 2012; amended at 41 Ill. Reg. 11400, effective September 8, 2017; emergency amendment at 44 Ill. Reg. 18613, effective November 4, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 2832, effective March 12, 2021; emergency amendment at 46 Ill. Reg. 5776, effective March 25, 2022, for a maximum of 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 10687, effective June 3, 2022, for the remainder of the 150 days; emergency rule as amended expired August 21, 2022; amended at 48 Ill. Reg. 6008, effective April 5, 2024.

SUBPART A: OPTOMETRY

 

Section 1320.20  Approved Programs of Optometry

 

a)         The Department of Financial and Professional Regulation-Division of Professional Regulation (Division) shall, upon the recommendation of the Illinois Optometric Licensing and Disciplinary Board (the Board), approve an optometry program if it meets the following minimum criteria:

 

1)         The educational institution is legally recognized and authorized by the jurisdiction in which it is located to confer the Doctor of Optometry degree.

 

2)         Has a faculty that comprises a sufficient number of full-time instructors to make certain that the educational obligations to the students are fulfilled.  The faculty must have demonstrated competence in their area of teaching as evidenced by appropriate degrees from professional colleges or institutions.

 

3)         Has a curriculum of at least the following subject areas:

 

Basic Science, including Anatomy, Physiology and Biochemistry

 

Practical Optics

 

Anatomy and Physiology of the Eye

 

Pathology of the Eye

 

Physiological Optics

 

Theoretical Optometry

 

Practical Optometry

 

Clinical Optometry

 

Theory and Practice of Contact Lens

 

Fitting

 

Pharmacology

 

Diagnosis, treatment and management of ocular disease and recognition of systemic diseases with ocular symptoms

 

4)         Has a course of study of 4 academic years above the undergraduate level.

 

5)         Maintains permanent student records that summarize the credentials for admission, attendance, grades and other records of performance.

 

b)         In determining whether a school or college should be approved, the Division shall take into consideration but not be bound by accreditation by the Accreditation Council on Optometric Education (ACOE).

 

c)         Procedures taught in schools and colleges of optometry approved by the Division that are considered for approval in the practice of optometry shall be adopted pursuant to rule or regulation by the Division upon recommendation of the Board.  Before adoption of such rules or regulations, the Board shall first evaluate the procedure in accordance with criteria it has previously adopted.  Furthermore, the Board shall specify training and demonstration of competency required before an optometrist may perform such procedures.  In any event, the Division, upon recommendation of the Board, has determined that surgery, including surgery performed with a laser, is not an optometric procedure.

 

d)         Program Evaluation

 

1)         An applicant from an optometry program that has not been evaluated will be requested by the Division to provide documentation concerning the criteria in this Section.

 

2)         Once the Division has received the documentation or after 6 months have elapsed from the date of application, whichever comes first, the Board will evaluate the program based on all documentation received from the school and any additional information the Division has received which it deems to be reliable.

 

e)         Withdrawal of Approval

 

1)         The Director of the Department of Financial and Professional Regulation-Division of Professional Regulation (Director) may, upon a written recommendation submitted by the Board, withdraw, suspend or place on probation the approval of an optometry program when the quality of the program has been materially affected by any of the following causes:

 

A)        Gross or repeated violations of any provision of the Illinois Optometric Practice Act of 1987 [225 ILCS 80] (the Act);

 

B)        Gross or repeated violations of any of this Part;

 

C)        Fraud or dishonesty in furnishing documentation for evaluation of the optometry program; or

 

D)        Failure to continue to meet the established criteria of an approved optometry program as set forth in this Section.

 

2)         An optometry program whose approval is being reconsidered by the Division shall be given written notice prior to any recommendation by the Board and the officials in charge may either submit written comments or request a hearing before the Board in accordance with 68 Ill. Adm. Code 1110.

 

(Source:  Amended at 41 Ill. Reg. 11400, effective September 8, 2017)

 

Section 1320.30  Application for Licensure

 

An individual applying for a license to practice optometry shall file an application on forms supplied by the Division.  The application shall include:

 

a)         Certification of graduation from a 4-year optometry graduate level program approved by the Division in accordance with Section 1320.20;

 

b)         Certification of passage of the National Board of Examiners in Optometry (NBEO) examinations as set forth in Section 1320.40. The applicant shall have the examination scores submitted to the Division directly from NBEO;

             

c)         Certification from the jurisdiction of original licensure and current licensure, if applicable, stating:

 

1)         The period of time during which the applicant was licensed in that jurisdiction, including the date of original issuance of the license;

 

2)         A description of the licensure examination in that jurisdiction;

 

3)         Whether the file on the applicant contains any record of disciplinary actions taken or pending; and

 

d)         The required fee set forth in Section 1320.400 of this Part.

           

(Source:  Amended at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.35  Application for a Limited Residency License (Repealed)

 

(Source:  Repealed at 41 Ill. Reg. 11400, effective September 8, 2017)

 

Section 1320.40  Examinations

 

a)         The examination for licensure as an optometrist in Illinois shall be Part I, Part II, including passage of the Treatment and Management of Ocular Disease (TMOD) section after January 1, 1996, and Part III of the examination administered by the National Board of Examiners in Optometry (NBEO).

 

b)         An applicant must direct NBEO to submit evidence of the passage of the entire NBEO examination, by NBEO standards, to the Division.

 

(Source:  Amended at 29 Ill. Reg. 20616, effective December 6, 2005)

 

Section 1320.45  Fees (Emergency Expired)

 

(Source:  Emergency rule added at 12 Ill. Reg. 1925, effective January 1, 1988, for a maximum of 150 days, emergency expired May 30, 1988)

 

Section 1320.50  Endorsement

 

a)         An applicant who is licensed under the laws of another jurisdiction shall submit an application to the Division, together with:

 

1)         Certification of Graduation

 

A)        Certification of graduation after January 1, 2008 from an optometry program approved by the Division in accordance with Section 1320.20; or

 

B)        Certification of graduation between January 1, 1994 and December 31, 2007 from an optometry program approved by the Division in accordance with Section 1320.20 and:

 

i)         Evidence that the applicant has practiced optometry for a minimum of 5 years utilizing ocular pharmaceutical agents including oral agents under the laws of another jurisdiction that are deemed by the Board, pursuant to subsection (b), to be substantially equivalent to those of Illinois; or

 

ii)        Evidence of completion of a course or its equivalent as determined by the Board, pursuant to subsection (b), in oral ocular pharmaceutical agents as designated in Section 1320.335(b); or

 

C)        Certification of graduation prior to January 1, 1994 from an optometry program approved by the Division in accordance with Section 1320.20 and:

 

i)          Evidence that the applicant has practiced optometry for a minimum of 10 years utilizing ocular pharmaceutical agents under the laws of another jurisdiction that are deemed by the Board to be substantially equivalent to those of Illinois; or

 

ii)         Evidence of completion of:

 

•           a course or its equivalent as determined by the Board in diagnostic pharmaceutical agents.  The course shall be approved by the Division upon the recommendation of the Board and shall include a curriculum of at least 55 hours of lecture in the diagnosis of eye disease, including the use of diagnostic pharmaceutical agents.  The course shall be conducted by an approved school of optometry and shall include a comprehensive examination.  Documentation of the content of the course shall be provided to the Division by the applicant; and

 

•           satisfactory training in diagnostic and topical ocular pharmaceutical agents and therapeutic clinical procedures, including, but not limited to: a comprehensive course in ocular pharmaceutical agents as determined by the Board, within 3 years prior to application.  Applicants will be required to submit documentation of the course to the Division when applying under this subsection (a)(2); or

 

iii)        Evidence of completion of the requirements set forth in subsection (a)(1)(B)(i) or (ii);

 

2)         Certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The period of time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        A description of the licensure examination in that jurisdiction;

 

C)        Whether the records of the licensing entity contains any record of disciplinary actions taken or pending against the applicant;

 

3)         Certification of passage of Part I and Part II, including passage of the Treatment and Management of Ocular Disease (TMOD) section  of the National Board of Examiners in Optometry (NBEO) examination, by NBEO standards, or an equivalent comprehensive examination administered in another jurisdiction;

 

4)         Certification of passage of Part III of the examination administered by NBEO, by NBEO standards, or an equivalent comprehensive practical examination administered in another jurisdiction; and

 

5)         The required fee as set forth in Section 1320.400.

 

b)         The Division shall examine each endorsement application to determine whether the requirements in the jurisdiction at the date of licensure were substantially equivalent to the requirements then in force in this State.  The applicant may be required to submit a copy of the Act and rules in effect at the time of original licensure.  If an applicant has taken a licensure examination other than Part I and Part II of the National Board prior to 1970, the examination and results will be required by the Board to determine that substantially equivalent requirements have been met.  The Division may, within a reasonable time, either issue a license by endorsement to the applicant or notify the applicant of the reasons for the denial of the application.

 

c)         The Division may, in individual cases, upon recommendation of the Board, in accordance with Section 12 of the Act, waive the comprehensive practical examination for an applicant for endorsement, after full consideration of the applicant's optometric education, training and experience, including, but not limited to, whether the applicant has achieved special honors or awards, has had articles published in professional journals, has participated in writing textbooks relating to optometry, and any other attribute which the Board accepts as evidence that such applicant has outstanding and proven ability in optometry.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.55  Renewals (Renumbered)

 

(Source:  Section 1320.55 renumbered to Section 1320.420 at 19 Ill. Reg. 17150, effective December 12, 1995)

 

Section 1320.60  Inactive Status

 

a)         Any licensed optometrist who notifies the Division in writing on forms prescribed by the Division may elect to place his/her license on inactive status and shall be excused from the payment of renewal fees until he/she notifies the Division in writing of the desire to resume active status.

 

b)         Any licensee seeking restoration from inactive status shall do so in accordance with Section 1320.70 of this Part.

 

c)         Any licensed optometrist whose license is on inactive status shall not practice optometry in the State of Illinois.

 

d)         Practicing optometry with a license that has been placed on inactive status shall be considered to be the unlicensed practice of optometry and subject to discipline pursuant to Section 24 of the Act.

 

(Source:  Amended at 29 Ill. Reg. 20616, effective December 6, 2005)

 

Section 1320.70  Restoration

 

a)         A licensee seeking restoration of a license after it has expired or been placed on inactive status for more than 3 years shall submit an application, on forms supplied by the Division, together with:

 

1)         Proof of completion of the continuing education requirements during the 2 years prior to restoration in accordance with Section 1320.80.  Acceptable proof of completion shall be in the form of certificates of attendance or certificates of completion provided by sponsors of approved continuing education programs;

 

2)         Either:

 

A)        Evidence of an existing therapeutic pharmaceutical agent certification at the time the license was placed in inactive or expired status; or

 

B)        Proof of completion of the requirements of Section 1320.50(a)(1)(A), (B) or (C); and

 

3)         The proper fees, either:

 

A)        The restoration fees, when restoring an expired license, specified in Section 1320.400(c)(1); or

 

B)        The renewal fees, when restoring an inactive license, specified in Section 1320.400(b)(1).

 

b)         In addition to satisfying the requirements of subsection (a), the licensee shall also submit:

 

1)         Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of said active practice;

 

2)         An affidavit attesting to military service as provided in Section 16 of the Act.  If application is made within 2 years of discharge, and if all other provisions of Section 16 of the Act are satisfied, the applicant will not be required to pay a restoration fee or any lapsed renewal fees;

 

3)         Evidence of other education or experience acceptable to the Division of the licensee's fitness to have the certificate restored.  The evidence shall be reviewed on a case by case basis by the Board; or

 

4)         Certification of passage of Part III of the examination administered by NBEO, by NBEO standards.  The Board may, in its discretion and in individual cases, make a recommendation to the Director for the waiver of the clinical skills examination or Part III of the examination in accordance with Section 11 of the Act based on quality of education, training and experience including, but not limited to, special honors and awards, articles published in optometry journals, writing or participation in the writing of textbooks in optometry or any other circumstances or attribute which the Board accepts as evidence that such applicant has outstanding and proven ability in optometry.

 

c)         A licensee seeking restoration of a license that has expired or been on inactive status for less than 3 years, or has been placed in non-renewed status for failure to comply with continuing education (CE) requirements shall submit an application on forms provided by the Division, together with:

 

1)         Proof of completion of CE requirements during the 2 years prior to restoration in accordance with Section 1320.80.  Acceptable proof of completion shall be in the form of certificates of attendance provided by sponsors of approved continuing education programs;

 

2)         Either:

 

A)        Evidence of an existing therapeutic pharmaceutical agent certification at the time the license was placed in inactive or expired status; or

 

B)        Proof of completion of the requirements of Section 1320.50(a)(1)(A), (B) or (C); and

 

3)         The restoration fees specified in Section 1320.400.  For the purpose of restoring from inactive status the Division shall consider that no renewal fees have lapsed during the period of inactive status.

 

d)         Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 12 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the continuing education requirements.

 

e)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is reasonably questioned by the Division because of a lack of information, discrepancies or conflicts in information given, or there is a need for clarification, the licensee seeking restoration of the license will be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for interviews before the Board when the information available to the Board is insufficient to evaluate the individual's current competency to practice under the Act.  Upon the recommendation of the Board, and approval by the Division, an applicant shall have the license restored.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.80  Continuing Education

 

a)         Continuing Education (CE) Hour Requirements

 

1)         Every renewal applicant shall complete 30 hours of CE relevant to the practice of optometry required during each pre-renewal period.  A pre-renewal period is the 24 months preceding March 31 in the year of the renewal.

 

2)         A CE hour equals 50 minutes.  CE credit may be given only in one hour increments.

 

3)         A renewal applicant is not required to comply with full CE requirements for the first renewal following the original issuance of the license.

 

4)         Optometrists licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

 

5)         All renewal applicants must complete state mandated training/continuing education during all renewal cycles.

 

b)         Approved CE

 

1)         All CE hours must be earned by verified attendance at or participation in a program that is offered by an approved CE sponsor who meets the requirements set forth in subsection (c).  Beginning April 1, 2024, all continuing education, except for certified courses or transcript quality courses that meet the requirements of 68 Ill. Adm. Code 1320.80(b)(2)(A), may be completed online through live, real-time presentations or by pre-recorded video provided by an approved continuing education sponsor.

 

2)         As part of the 30 hours of required CE, each licensee shall complete during each pre-renewal period at least 12 hours of credit that is certified by an approved optometry college in accordance with Section 1320.20, osteopathic or medical college or university pursuant to the Medical Practice Act of 1987 [225 ILCS 60], or a pharmacy college pursuant to the Pharmacy Practice Act [225 ILCS 85].

 

A)        Each certified course shall include at least 2 hours of actual course presentation and shall include the successful completion of a post-course evaluation of the attendee's understanding of the course material.  No additional credit may be given for the required post- course evaluation.

 

i)          The post-course evaluation may be taken on-site immediately following the course presentation.  An examination distributed on-site shall not be removed from the site.

 

ii)         The post-course evaluation may be a correspondence evaluation mailed or electronically provided to the attendee and returned to the provider.  The sponsor shall not distribute a post-course evaluation at the site.

 

iii)        The post-course evaluation must consist of a minimum of 5 questions per course hour.

 

iv)        At the sponsor's discretion, the attendee may be allowed one retake of a failed post-course evaluation in order to receive credit for certified CE.

 

B)        Licensees who attend a certified education course without completion or passage of a post-course evaluation may apply the actual course hours toward fulfillment of the non-certified CE requirements set forth in subsection (a)(1).

 

C)        Any approved CE sponsor may offer, in conjunction with the above-referenced college or university, a certified course.  However, certified CE shall not be provided, sponsored, co-sponsored or in any way supported or financially underwritten by a CE sponsor or others who may receive patient referrals from optometrists licensed under the Act.  Approved optometry programs in subsection (b)(2) are not deemed in violation of this Section.  Faculty of an adjunct institution to an approved optometry program may present certified CE on the primary campus of the approved optometry program under this exception.  Nothing in this Section shall prohibit the listing of courses in a professional journal or newsletter or prevent an approved school, college or university from certifying a course.

 

D)        Transcript quality CE courses shall be deemed equivalent to the certified courses if they meet the requirements set forth in subsection (b)(2)(A).

 

E)        CE sponsors shall state in their course materials the type of post-course evaluation which will be given and whether the applicant will be allowed to retake the evaluation.

 

F)         Certified CE courses shall be courses in which the attendees are in actual attendance in the same room as the presenter.  No online, self-instruction or correspondence courses shall be considered certified CE courses.

 

3)         Eighteen hours of CE credit may be earned as follows (not accepted for certified CE):

 

A)        A maximum of 12 hours per pre-renewal period for verified teaching of students at an optometry school approved by the Division.  One hour of teaching at an optometry school approved by the Division is equal to one hour of CE.

 

B)        A maximum of 4 hours per pre-renewal period for courses in practice management that includes business management.

 

C)        As part of the continuing education requirements, licensees shall be required to complete mandatory state trainings regarding Sexual Harassment, as set forth in 68 Ill. Adm. Code 1130.400, Implicit Bias Awareness as set forth in 68 Ill. Adm. Code 1130.500, and Alzheimer's disease and other dementias (see 20 ILCS 2105/2105-365).  Licensees holding controlled substance licenses must also complete Opioid Education as required by 720 ILCS 570/315.5, the Illinois Controlled Substances Act, prior to being considered eligible for renewal.  Additionally, new licensees will have to fulfill the requirements of this subsection even if they are exempt from the full 30 hours of continuing education.  This requirement shall become effective for all applicable license renewals on or after January 1, 2023.  These courses must be repeated for each subsequent renewal period.

 

4)         CE credit hours used to satisfy the CE requirements of another state may be submitted for approval for fulfillment of the CE requirements of the State of Illinois.

 

5)         Credit shall not be given for courses taken in Illinois from unapproved sponsors.

 

6)         The licensee shall maintain proof of completion of the CE requirements, in the form of CE certificates, for 3 license renewal cycles (6 years) from the end of the licensing period in which the CE course was taken.

 

c)         CE Sponsors and Programs

 

1)         An approved continuing education sponsor is a person, firm, association, corporation, or any other entity that has been approved by the Division pursuant to subsection (c)(2) to coordinate and present continuing education courses and programs.

 

2)         A sponsor shall submit a sponsor application, along with the required fee set forth in Section 1320.400(a)(4), that includes:

 

A)        Certification

 

i)          That all courses and programs offered by the sponsor for CE credit will comply with the criteria in this Section;

 

ii)         That the sponsor will be responsible for verifying attendance at each course or program or session thereof utilizing signature sheets or other means of attendance verification and for providing a certificate of completion as set forth in subsection (b); and

 

iii)        That, upon request by the Division, the sponsor will submit such evidence as is necessary to establish compliance with this Section;

 

B)        A history and the experience of the sponsor as an educational provider;

 

C)        A copy of a sample program with faculty, course materials and syllabi;

 

D)        The name and address of the contact person responsible for all recordkeeping; and

 

E)        A list of all principals of the organization applying for a sponsor license.

 

3)         Each sponsor shall submit by March 31 of each even-numbered year a sponsor application along with the required fee set forth in Section 1320.400(b)(2).  With the application, the sponsor shall be required to submit to the Division a list of all courses and programs offered in the pre-renewal period, which includes a description, location, date and time the course was offered.

 

4)         All courses and programs shall:

 

A)        Contribute to the advancement, extension and enhancement of professional clinical skills and scientific knowledge in the practice of optometry;

 

B)        Provide experiences that contain scientific integrity, relevant subject matter and course materials; and

 

C)        Be developed and presented by persons with education and/or experience in subject matter of the program.

 

5)         The tuition fees charged for programs conducted by approved sponsors shall be reasonable and directly related to the sponsor's actual expense in conducting the programs.

 

6)         All programs given by approved sponsors shall be open to all licensed optometrists and not be limited to the members of a single organization or group and shall specify the number of CE hours and categories that may be applied toward Illinois CE requirements for licensure renewal.

 

7)         Certificate of Attendance

 

A)        It shall be the responsibility of the sponsor to provide each participant in a program with a certificate of attendance signed by the sponsor.  The sponsor's certificate of attendance shall contain:

 

i)          The name, sponsor number and address of the sponsor;

 

ii)         The participant's name and optometry license number;

 

iii)        A detailed statement of the subject matter;

 

iv)        The number of hours actually attended in each topic;

 

v)         The date of the program;

 

vi)        Whether the course qualifies for certified continuing education.

 

B)        A separate certification of passage or failure of the post-course evaluation shall be issued by the approved certifying institution when the course is for certified CE credit.

 

C)        The sponsor shall maintain these records for 3 license renewal cycles (6 years) from the end of the licensing period in which the CE course was presented.  These records shall include all test materials utilized for certified courses.

 

8)         The sponsor shall be responsible for assuring verified continued attendance at each program.  No renewal applicant shall receive CE credit for time not actually spent attending the program.

 

9)         Upon the failure of a sponsor to comply with any of the foregoing requirements, the Division, after notice to the sponsor and hearing before and recommendation by the Board in accordance with 68 Ill. Adm. Code 1110 (Rules of Practice in Administrative Hearings), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Division receives reasonably satisfactory assurances of compliance with this Section.

 

d)         CE Earned in Other States

 

1)         A licensee who requests credit toward CE compliance in Illinois for CE hours earned in another jurisdiction shall submit an out-of-state CE approval form along with a $25 processing fee within 90 days prior to or after the course.  The Board shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required 90 days, late approval may be obtained by submitting the application along with the $25 processing fee plus a $50 per hour late fee not to exceed $300.  The Board shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

 

3)         The Board has determined that the Council on Optometric Practitioner Education (COPE), Transcript-quality (TQ), and Continuing Education with Examination (CEE) approved courses are acceptable for out-of-state CE.  If a licensee attends an out-of-state COPE/TQ approved course, the licensee will not be required to submit the out-of-state CE approval form and the $25 processing fee.  

 

4)         Online courses are not eligible for out of state CE credit.

 

e)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with CE requirements set forth in subsection (a).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of such compliance for a period of 5 years.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board, at which time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].  These proceedings may result in fines and/or disciplinary action.

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license under Section 1320.420 who has not fully complied with the CE requirements of Section 1320.180 shall submit to the Division a renewal application, the renewal fee set forth in Section 1320.400(b)(1), a statement setting forth the facts (including time frames) concerning the non-compliance, and a request for waiver of the CE on the basis of the facts.  If the Division, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted, that good cause has been shown for granting a waiver, the Division shall waive enforcement of the requirements for the renewal period for which the applicant has applied.

 

2)         Good cause is defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

 

A)        Full time service in the armed forces of the United States of America during a substantial part of such period; or

 

B)        Extreme hardship, which shall be determined on an individual basis by the Board and shall be limited to documentation of:

 

i)          An incapacitating illness documented by a currently licensed physician;

 

ii)         A physical inability to travel to the sites of approved programs; or

 

iii)        Any other similar extenuating circumstances.

 

3)         If an interview with the Board is requested at the time the request for the waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

 

4)         Any renewal applicant who submits a request for waiver pursuant to subsection (f)(1) shall be deemed to be in good standing until the Division's final decision on the application has been made.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.90  Minimum Eye Examination

 

In the absence of good clinical reasons to the contrary as documented in the record, the following minimum examination shall be performed and findings recorded by an optometrist, and he/she shall keep a record for a period of 6 years:

 

a)         Complete case history, including medical conditions.

 

b)         Visual acuity.

 

1)         Monocular.

 

2)         Aided or unaided.

 

c)         External examination, including pupil reactivity.

 

d)         Internal examination (ophthalmoscopic examination) with dilation if indicated.

 

e)         Retinoscopy or equivalent.

 

f)         Subjective refraction to best visual acuity at distance and near.

 

g)         Measurement of binocularity and ocular motility.

 

h)         Color vision screening.

 

i)          Tonometry.

 

(Source:  Amended at 36 Ill. Reg. 10006, effective June 29, 2012)

 

Section 1320.95  Minimum Equipment List

 

a)         Each office in which the practice of optometry is conducted shall contain, in good working condition, the following minimum equipment:

 

1)         Ophthalmoscope − Direct and Indirect

 

2)         Retinoscope or its equivalent

 

3)         Tonometer

 

4)         Automated Threshold Visual Field Testing Device

 

5)         Color Vision Testing Device

 

6)         Keratometer or its equivalent

 

7)         Biomicroscope

 

8)         Lenses for subjective testing

 

9)         Blood Pressure Measuring Device

 

b)         An Automated Threshold Visual Field Testing Device, as specified in subsection (a)(4), is not required at an ancillary location where all prospective patients are unable to perform this test and this circumstance is reported in the application for an ancillary registration.

 

(Source:  Amended at 36 Ill. Reg. 10006, effective June 29, 2012)

 

Section 1320.100  Practice of Optometry

 

a)         The practice of optometry, as defined in Section 3 of the Act, shall include, but not be limited to, the following functions:

 

1)         Prescribing and fitting of any ophthalmic lenses including contact lenses.

 

2)         Retinoscopy.

 

3)         Tonometry.

 

4)         Keratometry.

 

5)         Subjective lens testing.

 

6)         Phoria testing.

 

7)         Biomicroscopy.

 

8)         Ophthalmoscopy.

 

9)         Electronic or computerized examination techniques that utilize devices that perform any of the above functions.

 

10)         Visual screening.

 

11)        Diagnosis and treatment of any ocular abnormality, disease or visual or muscular anomaly of the human eye or visual system.

 

b)         Visual Screening

 

1)         Nothing in this Section shall prohibit visual screening conducted without a fee other than a voluntary donation by a charitable organization or governmental agency, acting in the public welfare under the supervision of a committee composed of persons licensed by the State to practice optometry or medicine in all of its branches.

 

2)         Visual screening is defined as a limited series of ocular observations, measurements or tests provided without a fee to determine if a complete eye examination, as described in Section 1320.90, by a licensed optometrist or a physician licensed to practice medicine in all of its branches, is recommended.

 

3)         When a visual screening is performed, the recipient of the screening shall be clearly informed in writing and shall receive a copy of the following:

 

A)        Results and limitations of the screening;

 

B)        That the screening is not representative of or a substitute for an eye exam;

 

C)        That the screening will not result in a prescription for visual correction;

 

D)        That visual screening referral criteria for a complete eye examination must meet accepted optometric professional standards criteria; and

 

E)        The name and address of the charitable organization sponsoring the screening and the chairperson of the supervisory committee.

 

4)         A copy of the screening results shall be maintained for 6 years by the chairperson of the supervisory committee or the optometrist performing the screening.

 

5)         Visual screening includes ocular disease specific screenings that may be conducted for charitable purposes in accordance with this Section.

 

c)         No ophthalmic lenses, prisms, or contact lenses may be sold or delivered to an individual without a prescription signed by a licensed optometrist or a physician licensed to practice medicine in all of its branches.

 

d)         The following acts shall not be performed by an individual not licensed in this State as an optometrist or to practice medicine in all of its branches except while acting under the direct supervision of a person so licensed:

 

1)         Conducting or performing examinations of the human eye or its appendages employing either objective or subjective means, or both for the purpose of adapting lenses to the eyes of any person;

 

2)         Using instruments or appliances of any type to determine the curvatures of the eye or of the cornea of any person for the purpose of ordering or supplying contact lenses for the person;

 

3)         Determining, selecting or specifying the lens characteristics or the lens curvatures of contact lenses to be supplied to any person;

 

4)         Converting, altering, or varying in any manner a prescription for contact lenses prepared by an optometrist or a person licensed to practice medicine in all its branches in this State;

 

5)         Converting, altering, or varying in any manner a prescription for spectacles prepared by an optometrist or a person licensed to practice medicine in all of its branches in this State, including converting a spectacle prescription into a prescription for contact lenses;

 

6)         Inserting, removing, adjusting or adapting contact lenses for the purpose of selecting, specifying or furnishing contact lenses for use by any person;

 

7)         Conducting or performing any examination of the human eye or its appendages employing either objective or subjective means or both for the purpose of determining the effects that may have resulted from wearing contact lenses by any person;

 

8)         When a person has been provided with contact lenses pursuant to a prescription by an optometrist or a person licensed to practice medicine in all of its branches in this State, adjusting, adapting or changing the lens characteristics or the lens curvatures of the contact lens in any manner whatsoever;

 

9)         Advertising, representing or informing the general public by any means, including, but not limited to, display advertising in newspapers and telephone directories within the State of Illinois, that the individual will fit or adapt contact lenses for the use of any person.

 

e)         Direct supervision of any person assisting an optometrist means:

 

1)         The optometrist personally performs those procedures requiring professional judgment.  Professional judgment requires that the optometrist shall perform those procedures for the diagnosis and treatment of anomalies of the eye, adnexa, and the visual system, including for example, but not limited to, biomicroscopy, ophthalmoscopy, all therapeutic procedures and the prescribing of any ophthalmic lenses, including contact lenses.

 

2)         The optometrist shall specify all procedures to be performed by the assistant.

 

3)         The optometrist is present in the facility while the assistant performs the procedure (does not mean that the optometrist must be present with the patient while the specified procedures are being performed).

 

4)         The optometrist approves the results of the procedures performed by the assistant before dismissal of the patient.

 

f)           Requirements for the minimum eye exam as outlined in Section 1320.90 are still applicable and are not changed or altered by the provisions of this Section.

 

g)           When the practice of optometry is conducted at a mobile or non-permanent location, the following shall apply:

 

1)         Notice shall be given to the Division of the locations of the mobile examinations and the times they will be given.  Notices shall be postmarked no later than 15 days prior to the examination.

 

2)         Notice shall be given to the Division and the patient of the location where examination records are to be maintained in accordance with Section 1320.90 and the name and address of the individual or office where the patient can access and obtain copies of his or her records.

 

3)         Notice shall be given to the Division and the patient of the name and address of the examining optometrists and the location where follow-up services will be provided.  A protocol shall be established for each mobile location to provide for the follow-up and referral of the patient to appropriate permanent optometric or healthcare locations when needed.

 

4)         If the patient is a minor child, parental approval shall be obtained prior to any examination and the case history as required by Section 1320.90 shall be obtained from the parent or guardian.

 

5)         All equipment required by Section 1320.95 shall be present, operable and available for use.

 

6)         All ancillary registrations (see Section 1320.411) shall be displayed in plain view of the patient.  An optometrist shall obtain an ancillary registration prior to providing services at the mobile location.

 

7)         Vision screenings conducted in conjunction with a mobile location shall be done in accordance with subsection (b).

 

8)         Mobile locations must meet all other requirements of the Act and this Part and any other State or federal requirements.

 

9)         Mobile locations do not include homes, hospitals or institutions at which a licensee is entitled to practice under Section 1320.411(d) or Section 7 of the Act.

 

(Source:  Amended at 41 Ill. Reg. 11400, effective September 8, 2017)

 

Section 1320.105  Recordkeeping

 

Every licensed optometrist shall keep a record of examinations made and prescriptions issued, which record shall include the names of persons examined and for whom prescriptions were prepared, and that shall be signed by the licensed optometrist and retained by him or her in the office in which the professional service was rendered. [225 ILCS 80/6]

 

a)         Ownership of Records

 

1)         Independent Optometric Practice

A licensed optometrist shall maintain full and independent responsibility and control over all records, including any prescriptions, relating to the patients. All such records shall remain confidential, except as otherwise provided by law, and shall be maintained by the licensed optometrist in compliance with this Section, Section 6 of the Act, HIPAA and Section 1320.90.  For purposes of this subsection (a)(1), "maintain full and independent responsibility and control" means that the records shall be maintained by the licensed optometrist and that the optometrist shall not share, delegate or relinquish either possession of the records, including any prescriptions, or his or her responsibility or control over those records with or to any entity that is not itself licensed by the Division unless the entity is a "covered entity" under HIPAA.  The optometrist may transfer custody of his or her records including prescriptions to a covered entity under HIPAA so long as the covered entity has designated an Illinois licensed optometrist or ophthalmologist as the custodian of the records.  In this case, the optometrist shall receive copies of any records of his or her patients upon request as needed for continued patient care.  The original records shall be available to the optometrist for compliance with statutory and regulatory requirements or for use in other legal proceedings.  In no case may records remain in the custody of a non-licensed individual.  A custodian named under this Section shall be reported to the Department and shall be responsible for compliance with all laws regarding the maintenance of records.

 

2)         Optometric Practice of an Employee of a Non-Medical Entity Not Licensed by the Division or the Department of Public Health

 

A)        A licensed optometrist shall maintain responsibility and control over all records, including any prescriptions, relating to the patients examined while they are employed. All such patient records shall remain confidential, except as otherwise provided by law, and shall be kept under the supervision of the licensed optometrist in compliance with this Section, Section 6 of the Act, HIPAA and Section 1320.90.  However, a person, firm or corporation who is a covered entity under HIPAA may maintain patient records under the supervision of the optometrists employed by the covered entity pursuant to Section 8 of the Act.

 

B)        If the optometrist leaves the employ of the non-medical entity, the patient records, including any prescriptions, shall remain with the employer on the condition that an Illinois licensed optometrist or ophthalmologist is named by the employer as the custodian for the purpose of keeping the records in compliance with HIPAA and the Act. All such records shall maintain patient confidentiality pursuant to HIPAA.  The previously employed optometrist shall receive copies of any records of his or her patients upon request as needed for continued patient care.  The original records shall be available to the optometrist for compliance with statutory and regulatory requirements or for use in other legal proceedings.  In no case may records remain in the custody of a non-licensed individual.  A custodian named under this Section shall be reported to the Department and shall be responsible for compliance with all laws regarding the maintenance of records.

 

3)         Optometrists Employed by Other Division Licensees

Patient records, including any prescriptions, are the property and responsibility of the examining optometrist, except when the examining optometrist is employed by an optometrist or ophthalmologist. In this circumstance, the patient records are the property and responsibility of the optometrist or ophthalmologist who employs the optometrist, or remain the property and responsibility of the examining optometrist if agreed to by both parties under contract or other written agreement.  In all circumstances, records must be available to the original optometrist for continued patient care and for compliance with statutory and regulatory recordkeeping requirements.

 

4)         Multidiscipline Group Practice

The records including prescriptions relating to the patients of a multidisciplinary group of licensed optometry care professionals, or relating to the patients of a partnership or professional association, may be maintained by the group practice, partnership or professional association on behalf of all licensed optometrists employed by the group practice, partnership or professional association. The optometrist may transfer ownership of his or her records, including any prescriptions, to another licensed optometrist or group of optometrists provided that the records are available to the original optometrist for continued patient care and for compliance with statutory and regulatory recordkeeping requirements.

 

5)         Hospital, Clinic or Nursing Home Facility Practice

If an optometrist examines or writes a prescription for a patient in a hospital, clinic or nursing home, he or she may elect to utilize the recordkeeping system of the facility, if he or she determines that the system is accurate and secure and the records are available to the optometrist for compliance with statutory and regulatory recordkeeping requirements.

 

b)         Transfer of Ownership of Records

Upon the sale of a practice or the disability or death of an optometrist, the records must be transferred to a licensed optometrist or ophthalmologist or a health care facility licensed by the Department of Public Health for compliance with this Section, Section 6 of the Act, HIPAA and Section 1320.90. Patients are to be informed of the location of their records unless they are to be maintained at their original location.  Copies of records must be made available, within 10 days after the death of an optometrist, to patients upon their request.  Another optometrist or ophthalmologist may use these records to meet the patient's needs until their next regularly scheduled eye exam.  Failure to provide records under this Section by a non-licensed individual shall be considered to be a violation under Section 4.5 of the Act and may result in fines or civil penalties provided for in the Act.

 

c)         Necessity for Having Contract Provisions that Preserve the Optometrist's Statutory Recordkeeping Requirement

No agreement, lease or other contract entered into, renewed or extended between an optometrist and any entity that itself is not licensed by the Division as an optometrist or ophthalmologist or by the Department of Public Health as a health care facility shall contain any provision that:

 

1)         Impedes an optometrist's ability to gain access to his or her professional office or patient records, including any prescriptions, provided any such agreement, lease or other contract shall contain a provision that establishes reasonable protocol for the optometrist to gain access to the premises during non-business hours for medical emergencies; or

 

2)         Limits, inhibits or prevents an optometrist's ability to communicate with his or her patients at any time.

 

d)         Record Retention

 

1)         All patient records including prescriptions shall be maintained by the examining optometrist at the location of the examination or shall be available at that location for inspection upon reasonable request if stored in a secure off-site location for 6 years pursuant to Section 1320.90. Records may be maintained on paper or in electronic format, as follows:

 

A)        If records are maintained electronically, an optometrist shall keep either a duplicate hard-copy record or a back-up unalterable electronic record off-site. If a record request is made, and the off-site location is out-of-state, the optometrist is required to obtain the records in order to comply with the request. Electronic records must be keyed to record the time and date of any patient record transactions or alterations.

 

B)        Any patient record that is created or maintained in an electronic format must have the capability of printing a paper record.

 

2)         Failure to keep patient records for the statutory minimum of 6 years shall constitute "dishonorable or unprofessional conduct" as that phrase is used in Section 24 of the Act, and any such action may subject the licensee to disciplinary action by the Division.

 

3)         Records of patients examined in nursing homes and other residential care facilities shall be maintained, in accordance with this Section, at both the facility and the licensed location of the optometrist responsible for the record.

 

e)         Patient Record Requests, Charges and Fees

A copy of patient records shall be provided, upon written request of the patient or any person, entity or organization presenting a valid authorization for release of records signed by that patient or the patient's legally authorized representative and payment of appropriate fees, to the person examined or his or her designee, in compliance with federal law.

 

f)         Other Authorized Record Requests

Releasing records under a lawful subpoena in a criminal or civil proceeding, or pursuant to a subpoena issued by the Division or the Illinois Optometric Licensing and Disciplinary Board, is permissible in accordance with federal law. Document production compliance under a lawful subpoena is mandated by law. If the records sought are maintained at a location other than the optometrist's office where the subpoena was served, the optometrist is responsible for obtaining and producing the records to comply with the subpoena.

 

(Source:  Amended at 41 Ill. Reg. 11400, effective September 8, 2017)

 

Section 1320.110  Advertising

 

a)         The name of the licensed optometrist shall be conspicuously displayed at the entrance of each office or store where eyecare and eyewear services are offered.  In an establishment where other services or goods are offered in addition to eyecare and eyewear, the name of the optometrist shall be conspicuously displayed at the entrance of the eyecare and eyewear section.

 

b)         All advertising of optometric services, including, but not limited to, the advertising of optometric examinations in connection with the advertising of optical goods, shall contain the statement that all optometric services are performed by a licensed optometrist.

 

c)         Only licensed optometrists are permitted to advertise or imply that they are authorized to measure the power of vision.

 

d)         Only licensed optometrists are permitted to advertise or imply the provision of diagnosis and treatment of eye disease or emergency ocular services.

 

e)         Nothing in this Section shall prohibit any person licensed in this State under any other Act from advertising services for which he/she is licensed to provide.

 

(Source:  Amended at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.120  Granting Variances (Renumbered)

 

(Source:  Section 1320.120 renumbered to Section 1320.430 at 19 Ill. Reg. 17150, effective December 12, 1995)

SUBPART B: DIAGNOSTIC TOPICAL OCULAR PHARMACEUTICALS

 

Section 1320.200   Standards (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.210  Application for Diagnostic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.220  Approved Diagnostic Topical Ocular Pharmacological Training (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.230  Approved Diagnostic Topical Ocular Pharmaceutical Agents Pursuant to Section 15.1 of the Act (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.240  Restoration of Diagnostic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.250  Endorsement of Diagnostic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.260  Renewal of Certification (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 17150, effective December 12, 1995)

 

Section 1320.270  Display of Certification (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 17150, effective December 12, 1995)

SUBPART C: DIAGNOSTIC AND THERAPEUTIC OCULAR PHARMACEUTICAL AGENTS

 

Section 1320.300  Definitions and Standards

 

a)         Emergency care involves an acute condition that in the judgment of the optometrist may be life or sight threatening, requires the optometrist to initiate non-surgical emergency procedures and may require patient referral and consultation with another appropriate health care professional.

 

b)         Any optometrist shall be authorized to obtain diagnostic and therapeutic ocular pharmaceutical agents and to utilize and to prescribe such drugs in the regular course of practicing optometry.  The prescribing of the drugs shall be the personal act of the optometrist and may not be delegated to any other person.  The use of such drugs may only be delegated to another person under the direct supervision of the optometrist.  A signed written prescription for legend drugs must be presented to the patient, if applicable, and the optometrist shall be required to keep a copy of all prescriptions written.

 

c)         An optometrist's license may be revoked, suspended or placed on probation and fines levied by the Division upon recommendation of the Board based upon any of the following causes:

 

1)         The use of any diagnostic or therapeutic ocular pharmaceutical agent that is not approved for use;

 

2)         The misuse of any diagnostic or therapeutic ocular pharmaceutical agent or procedure where the optometrist knew or should have known that such use was improper or contraindicated;

 

3)         Failure to take reasonable steps to ensure or arrange for follow-up care or for referral of a patient to an appropriate health care professional after providing ophthalmic emergency care;

 

4)         Failure to take reasonable steps to ensure or arrange for the care or referral of a patient when the optometrist is not available;

 

5)         Any other violations of the Act or this Part.

 

d)         In determining what constitutes grave or repeated misuse of any ocular pharmaceutical agent, the Board shall consider the following standards as they relate to the person who is the subject of the proposed disciplinary action.  The standards shall include but not be limited to:

 

1)         A consideration of whether the act or acts of the person are of a glaringly obvious nature or are repetitiously committed and resulted in a breach of standards of practice.

 

2)         A consideration that said act or acts committed constituted a breach of standards of practice to possess and apply knowledge, skill and care in using approved diagnostic or therapeutic ocular pharmaceutical agents for the purpose of aiding in the diagnosis and treatment of abnormal conditions that are ordinarily used by an optometrist.

 

3)         A consideration that a mere mistake that is not indicative of a lack of knowledge, skill and care does not constitute misuse.  Nor is a bad or unexpected result evidence of misuse unless such a result would not ordinarily occur in the absence of misuse.

 

4)         A consideration that, in determining the applicable standard of use, the Board shall consider the opinion and the testimony of experts.

 

(Source:  Amended at 32 Ill. Reg. 3243, effective February 21, 2008)

 

Section 1320.310  Application for Therapeutic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.315  Controlled Substance License Requirement

 

Licensed optometrists, in order to prescribe controlled substance oral analgesic therapeutic ocular pharmaceutical agents as set forth in Section 1320.330(a)(7), shall apply for a controlled substance license pursuant to 77 Ill. Adm. Code 3100.  The licensee is limited to prescribing Schedule III, IV and V agents in a quantity sufficient to provide treatment for up to 30 days and in accordance with the Illinois Controlled Substances Act [720 ILCS 570].  No prescriptions for a Schedule II controlled substance are permitted, with the exception of Dihydrocodeinone (Hydrocodone) with one or more active, non-narcotic ingredients only in a quantity sufficient to provide treatment for up to 72 hours.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.320  Approved Therapeutic Ocular Training (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.330  Approved Therapeutic Ocular Pharmaceutical Agents Pursuant to Section 15.1 of the Act

 

a)         The following categories of therapeutic ocular pharmaceutical agents are approved for use by licensed optometrists:

 

1)         Anti-Infective Agents

 

2)         Anti-Allergy Agents

 

3)         Anti-Glaucoma Agents (except oral carbonic anhydrase inhibitors, which may be prescribed only in a quantity sufficient to provide treatment for up to 72 hours)

 

4)         Anti-Inflammatory Agents.  Oral steroids may be prescribed only in a quantity to provide treatment for up to 7 days.

 

5)         Topical Anesthetic Agents

 

6)         Over the Counter Agents

 

7)         Analgesic Agents

 

8)         Mydriatic Reversing Agents

 

9)         Anti-Dry Eye Agents

 

10)        Agents for the treatment of hypotrichosis

 

11)        Topical ophthalmic treatment for acquired blepharoptosis

 

b)         Licensed optometrists shall be permitted to use topical anesthetics, mydriatics, cycloplegics and miotics.

 

c)         Oral pharmaceutical agents may be prescribed for a child under 5 years of age only in consultation with a physician licensed to practice medicine in all its branches.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.335  Oral Pharmaceutical Agents

 

a)         Any optometrist licensed before January 1, 2008, prior to utilizing or prescribing any oral pharmaceutical agents permitted under the Act (except non-narcotic oral analgesic and over the counter agents), shall successfully complete a course of study and testing as designated in Section 1320.335(b).  Graduates from an approved program of optometry subsequent to January 1, 2008 shall not be required to complete the course and may utilize and prescribe all oral pharmaceutical agents permitted by the Act.

 

b)         An approved course of study in oral pharmaceutical agents shall be approved by the Board and shall meet the following requirements:

 

1)         The program has a faculty that comprises a sufficient number of instructors to make certain that the educational obligations to the students are fulfilled.  The faculty must have demonstrated competence in their area of teaching as evidenced by appropriate degrees from accredited colleges or institutions and clinical and teaching experience.

 

2)         The program has a curriculum that contains updates in at least the following areas:

 

A)        Patient medical history/drug history.

 

B)        General pharmacokinetics or oral administration.

 

C)        Concerns in special populations.

 

D)        Treatment of ocular disease with oral pharmaceutical agents, including contraindications, drug interactions, systemic toxicities and ocular effects for the following:

 

i)          Oral anti-infective agents

 

•           Oral anti-bacterial

 

•           Oral anti-fungals

 

•           Oral anti-virals

 

ii)         Oral anti-glaucoma agents

 

•           CAIs

 

•           Osmotic agents

 

iii)        Oral anti-allergy agents

 

•           Antihistamines

 

•           Mast-cell degranulation inhibitors

 

•           Decongestant combinations

 

iv)        Oral anti-inflammatory agents

 

•           Steroids

 

•           NSAIDS

 

v)         Oral analgesics

 

•           NSAIDS

 

•           Opiates

 

E)        Clinical case studies, including the use of controlled substances, treatment options, patient management and referral in the following areas:

 

i)          Infectious ocular disease

 

•           Bacterial

 

•           Viral

 

•           Fungal

 

ii)         Glaucoma

 

iii)        Allergic eye disease

 

iv)        Inflammatory ocular disease

 

v)         Management of ocular pain

 

vi)        Treatment of drug induced emergencies

 

F)         Jurisprudence

Illinois Optometric Practice Act Rules – pharmaceutical agents

 

i)          Requirements

 

ii)         Restrictions

 

3)         The program includes a minimum of 12 instructional hours with an examination designed to test the student's knowledge and ability to apply the program's subject matter.

 

A)        The examination shall be administered and proctored by a licensed CE sponsor.  All examinations must be developed and approved by a program of optometry approved under Section 1320.20.

 

B)        Verification of student identification shall be required.

 

C)        The content of all examinations shall be made available to the Division for review upon request.

 

4)         In addition to all other requirements, the program must meet the requirements of Section 1320.80 (Continuing Education).  12 hours of continuing education credit will be granted for successful completion of the course and test in the renewal period in which the lecture portion of the course was completed.

 

5)         Requests for course approval must be submitted to the Division no later than 90 days prior to the beginning of the course.  Sponsors shall provide course documentation and any other documentation required by the Board.

 

c)         Failure to successfully complete an approved educational course in oral pharmaceutical agents prior to March 31, 2010 shall result in the licensee being placed in non-renewed status until such a course is successfully completed.  A licensee in non-renewed status may not practice optometry within the State of Illinois.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.340  Restoration of Therapeutic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

 

Section 1320.350  Endorsement of Therapeutic Certification (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 4339, effective March 5, 2007)

SUBPART D: GENERAL

 

Section 1320.400  Fees

 

a)         Application Fees

 

1)         The fee for application for an original license as an optometrist is $500. 

 

2)         Applicants for any examination shall be required to pay, either to the Division or its designated testing service, a fee covering the cost of determining the applicant's eligibility and providing the examination.

 

3)         The fee for application for licensure of a person licensed as an optometrist in another jurisdiction is $500.

 

4)         The fee for a sponsor of continuing education is $500.

 

b)         Renewal Fees

 

1)         The fee for renewal of an optometrist license is $200 per year. 

 

2)         The fee for renewal as a sponsor of continuing education is $250 per year.

 

c)         General Fees

 

1)         The fee for restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees.  For the purposes of restoring from inactive status, the Division shall consider that no renewal fees have lapsed during the period of inactive status.

 

2)         The fee for issuance of a duplicate license or for the issuance of a replacement license for a license that has been lost or destroyed is $20.

 

3)         The fee for the issuance of a license with a change of name or address other than during the renewal period is $20.

 

4)         The fee for the certification of a license for any purpose is $20.

 

5)         The fee for a wall certificate showing licensure is the actual cost of producing the license.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)

 

Section 1320.410  Ancillary Licenses (Repealed)

 

(Source:  Repealed at 36 Ill. Reg. 10006, effective June 29, 2012)

 

Section 1320.411  Ancillary Registrations

 

a)         Ancillary registrations, as used in this Part, shall mean registration of a practice location, pursuant to Section 7 of the Act, by a licensed optometrist who is engaged in the practice of optometry at more than one address.

 

b)         An ancillary registration shall be submitted by the licensee on forms provided by the Division for each location in which a licensee practices optometry prior to practicing optometry at that location.  The form shall include the address of the branch office location being reported.

 

c)         An optometrist shall submit an ancillary registration for each additional location where he or she practices optometry and shall display a copy of his or her optometry license in a conspicuous place in each office.

 

d)         Each licensee shall maintain a copy of his or her ancillary registration in the office registered and, upon request, shall exhibit this registration and a copy of his or her optometry license to any representative of the Division.

 

e)         Registration of a location other than where a licensee actually practices optometry shall be considered a violation of the Act.

 

f)         An ancillary registration expires with the expiration of the primary optometry license and a new application for ancillary registration must be submitted to the Division for all locations requiring an ancillary registration.

 

(Source:  Added at 36 Ill. Reg. 10006, effective June 29, 2012)

 

Section 1320.420  Renewals

 

a)         Every license issued under the Act shall expire on March 31 of each even-numbered year.  The holder of a license may renew that license during the 60 days preceding the expiration date of the license by paying the required fee andcompleting the CE requirements set forth in Section 1320.80.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee and to renew the license in a timely manner.

 

c)         Practicing after a license has expired shall be considered the unlicensed practice of optometry and subject to discipline pursuant to Section 24 of the Act.

 

(Source:  Amended at 41 Ill. Reg. 11400, effective September 8, 2017)

 

Section 1320.430  Granting Variances

 

The Director may grant variances from this Part in individual cases when the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated or waiver of the provision is not prohibited by statute;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 48 Ill. Reg. 6008, effective April 5, 2024)