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)