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91_HB3324eng
HB3324 Engrossed LRB9110531ACtm
1 AN ACT to amend the Illinois Optometric Practice Act of
2 1987.
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 4.5 and 24 as follows:
7 (225 ILCS 80/4.5)
8 Sec. 4.5. Unlicensed practice; violation; civil penalty.
9 (a) Any person who practices, offers to practice,
10 attempts to practice, or holds oneself out to practice
11 optometry without being licensed under this Act, or any (i)
12 individual who is not licensed to practice medicine in all of
13 its branches under the Medical Practice Act of 1987 or (ii)
14 entity, either of which influences or attempts to influence
15 patient care diagnostic or treatment decisions of a licensed
16 optometrist under the individual's or entity's control,
17 shall, in addition to any other penalty provided by law, pay
18 a civil penalty to the Department in an amount not to exceed
19 $5,000 for each offense as determined by the Department. The
20 civil penalty shall be assessed by the Department after a
21 hearing is held in accordance with the provisions set forth
22 in this Act regarding the provision of a hearing for the
23 discipline of a licensee.
24 (b) The Department has the authority and power to
25 investigate any and all unlicensed activity.
26 (c) The civil penalty shall be paid within 60 days after
27 the effective date of the order imposing the civil penalty.
28 The order shall constitute a judgment and may be filed and
29 execution had thereon in the same manner as any judgment from
30 any court of record.
31 (d) Nothing in this Section shall be construed to
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1 prohibit insurers and managed care plans from operating
2 pursuant to the applicable provisions of the Illinois
3 Insurance Code under which the entities are licensed.
4 (Source: P.A. 89-474, eff. 6-18-96.)
5 (225 ILCS 80/24) (from Ch. 111, par. 3924)
6 Sec. 24. Grounds for disciplinary action.
7 (a) The Department may refuse to issue or to renew, or
8 may revoke, suspend, place on probation, reprimand or take
9 other disciplinary action as the Department may deem proper,
10 including fines not to exceed $5,000 for each violation, with
11 regard to any license or certificate for any one or
12 combination of the following causes:
13 (1) Violations of this Act, or of the rules
14 promulgated hereunder.
15 (2) Conviction of any crime under the laws of any
16 U.S. jurisdiction thereof that is a felony or that is a
17 misdemeanor of which an essential element is dishonesty,
18 or of any crime that is directly related to the practice
19 of the profession.
20 (3) Making any misrepresentation for the purpose of
21 obtaining a license or certificate.
22 (4) Professional incompetence or gross negligence
23 in the practice of optometry.
24 (5) Gross malpractice, prima facie evidence of
25 which may be a conviction or judgment of malpractice in
26 any court of competent jurisdiction.
27 (6) Aiding or assisting another person in violating
28 any provision of this Act or rules.
29 (7) Failing, within 60 days, to provide information
30 in response to a written request made by the Department
31 that has been sent by certified or registered mail to the
32 licensee's last known address.
33 (8) Engaging in dishonorable, unethical, or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public.
3 (9) Habitual or excessive use or addiction to
4 alcohol, narcotics, stimulants or any other chemical
5 agent or drug that results in the inability to practice
6 with reasonable judgment, skill, or safety.
7 (10) Discipline by another U.S. jurisdiction or
8 foreign nation, if at least one of the grounds for the
9 discipline is the same or substantially equivalent to
10 those set forth herein.
11 (11) Directly or indirectly giving to or receiving
12 from any person, firm, corporation, partnership, or
13 association any fee, commission, rebate, or other form of
14 compensation for any professional services not actually
15 or personally rendered. This shall not be deemed to
16 include (i) rent or other remunerations paid to an
17 individual, partnership, or corporation by an optometrist
18 for the lease, rental, or use of space, owned or
19 controlled, by the individual, partnership, corporation
20 or association, and (ii) the division of fees between an
21 optometrist and related professional service providers
22 with whom the optometrist practices in a professional
23 corporation organized under Section 3.6 of the
24 Professional Service Corporation Act, and (iii) the
25 division of fees, in a group practice setting under a
26 contractual or employment relationship, between one or
27 more optometrists or one or more optometrists and a
28 licensed health care facility such as a hospital.
29 (12) A finding by the Department that the licensee,
30 after having his or her license placed on probationary
31 status has violated the terms of probation.
32 (13) Abandonment of a patient.
33 (14) Willfully making or filing false records or
34 reports in his or her practice, including but not limited
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1 to false records filed with State agencies or
2 departments.
3 (15) Willfully failing to report an instance of
4 suspected child abuse or neglect as required by the
5 Abused and Neglected Child Reporting Act.
6 (16) Physical illness, including but not limited
7 to, deterioration through the aging process, or loss of
8 motor skill, mental illness, or disability that results
9 in the inability to practice the profession with
10 reasonable judgment, skill, or safety.
11 (17) Solicitation of professional services other
12 than permitted advertising.
13 (18) Failure to provide a patient with a copy of
14 his or her record or prescription upon the written
15 request of the patient.
16 (19) Conviction by any court of competent
17 jurisdiction, either within or without this State, of any
18 violation of any law governing the practice of optometry,
19 conviction in this or another State of any crime that is
20 a felony under the laws of this State or conviction of a
21 felony in a federal court, if the Department determines,
22 after investigation, that such person has not been
23 sufficiently rehabilitated to warrant the public trust.
24 (20) A finding that licensure has been applied for
25 or obtained by fraudulent means.
26 (21) Continued practice by a person knowingly
27 having an infectious or contagious disease.
28 (22) Being named as a perpetrator in an indicated
29 report by the Department of Children and Family Services
30 under the Abused and Neglected Child Reporting Act, and
31 upon proof by clear and convincing evidence that the
32 licensee has caused a child to be an abused child or a
33 neglected child as defined in the Abused and Neglected
34 Child Reporting Act.
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1 (23) Practicing or attempting to practice under a
2 name other than the full name as shown on his or her
3 license.
4 (24) Immoral conduct in the commission of any act,
5 such as sexual abuse, sexual misconduct or sexual
6 exploitation, related to the licensee's practice.
7 (25) Maintaining a professional relationship with
8 any person, firm, or corporation when the optometrist
9 knows, or should know, that such person, firm, or
10 corporation is violating this Act.
11 (26) Promotion of the sale of drugs, devices,
12 appliances or goods provided for a client or patient in
13 such manner as to exploit the patient or client for
14 financial gain of the licensee.
15 (27) Using the title "Doctor" or its abbreviation
16 without further qualifying that title or abbreviation
17 with the word "optometry" or "optometrist".
18 (28) Use by a licensed optometrist of the word
19 "infirmary", "hospital", "school", "university", in
20 English or any other language, in connection with the
21 place where optometry may be practiced or demonstrated.
22 (29) Continuance of an optometrist in the employ of
23 any person, firm or corporation, or as an assistant to
24 any optometrist or optometrists, directly or indirectly,
25 after his or her employer or superior has been found
26 guilty of violating or has been enjoined from violating
27 the laws of the State of Illinois relating to the
28 practice of optometry, when the employer or superior
29 persists in that violation.
30 (30) The performance of optometric service in
31 conjunction with a scheme or plan with another person,
32 firm or corporation known to be advertising in a manner
33 contrary to this Act or otherwise violating the laws of
34 the State of Illinois concerning the practice of
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1 optometry.
2 (31) Failure to provide satisfactory proof of
3 having participated in approved continuing education
4 programs as determined by the Board and approved by the
5 Director. Exceptions for extreme hardships are to be
6 defined by the rules of the Department.
7 (32) Willfully making or filing false records or
8 reports in the practice of optometry, including, but not
9 limited to false records to support claims against the
10 medical assistance program of the Department of Public
11 Aid under the Illinois Public Aid Code.
12 (33) Gross and willful overcharging for
13 professional services including filing false statements
14 for collection of fees for which services are not
15 rendered, including, but not limited to filing false
16 statements for collection of monies for services not
17 rendered from the medical assistance program of the
18 Department of Public Aid under the Illinois Public Aid
19 Code.
20 (34) In the absence of good reasons to the
21 contrary, failure to perform a minimum eye examination as
22 required by the rules of the Department.
23 (35) Violation of the Health Care Worker
24 Self-Referral Act.
25 The Department may refuse to issue or may suspend the
26 license or certificate of any person who fails to file a
27 return, or to pay the tax, penalty or interest shown in a
28 filed return, or to pay any final assessment of the tax,
29 penalty or interest, as required by any tax Act administered
30 by the Illinois Department of Revenue, until such time as the
31 requirements of any such tax Act are satisfied.
32 (a-5) In enforcing this Section, the Board upon a
33 showing of a possible violation, may compel any individual
34 licensed to practice under this Act, or who has applied for
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1 licensure or certification pursuant to this Act, to submit to
2 a mental or physical examination, or both, as required by and
3 at the expense of the Department. The examining physicians
4 or clinical psychologists shall be those specifically
5 designated by the Board. The Board or the Department may
6 order the examining physician or clinical psychologist to
7 present testimony concerning this mental or physical
8 examination of the licensee or applicant. No information
9 shall be excluded by reason of any common law or statutory
10 privilege relating to communications between the licensee or
11 applicant and the examining physician or clinical
12 psychologist. Eye examinations may be provided by a licensed
13 and certified therapeutic optometrist. The individual to be
14 examined may have, at his or her own expense, another
15 physician of his or her choice present during all aspects of
16 the examination. Failure of any individual to submit to a
17 mental or physical examination, when directed, shall be
18 grounds for suspension of a license until such time as the
19 individual submits to the examination if the Board finds,
20 after notice and hearing, that the refusal to submit to the
21 examination was without reasonable cause.
22 If the Board finds an individual unable to practice
23 because of the reasons set forth in this Section, the Board
24 shall require such individual to submit to care, counseling,
25 or treatment by physicians or clinical psychologists approved
26 or designated by the Board, as a condition, term, or
27 restriction for continued, reinstated, or renewed licensure
28 to practice, or in lieu of care, counseling, or treatment,
29 the Board may recommend to the Department to file a complaint
30 to immediately suspend, revoke, or otherwise discipline the
31 license of the individual, or the Board may recommend to the
32 Department to file a complaint to suspend, revoke, or
33 otherwise discipline the license of the individual. Any
34 individual whose license was granted pursuant to this Act, or
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1 continued, reinstated, renewed, disciplined, or supervised,
2 subject to such conditions, terms, or restrictions, who shall
3 fail to comply with such conditions, terms, or restrictions,
4 shall be referred to the Director for a determination as to
5 whether the individual shall have his or her license
6 suspended immediately, pending a hearing by the Board.
7 (b) The determination by a circuit court that a licensee
8 is subject to involuntary admission or judicial admission as
9 provided in the Mental Health and Developmental Disabilities
10 Code operates as an automatic suspension. The suspension
11 will end only upon a finding by a court that the patient is
12 no longer subject to involuntary admission or judicial
13 admission and issues an order so finding and discharging the
14 patient; and upon the recommendation of the Board to the
15 Director that the licensee be allowed to resume his or her
16 practice.
17 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
18 90-655, eff. 7-30-98.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.
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