Public Act 102-0153
 
SB0567 EnrolledLRB102 04381 SPS 14399 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Illinois Optometric Practice Act of 1987 is 
amended  by changing Section 9 and  by adding Section 15.4 as 
follows:
 



    (225 ILCS 80/9)  (from Ch. 111, par. 3909)



    (Section scheduled to be repealed on January 1, 2027)

    Sec. 9. Definitions. In this Act:

        (1) "Department" means the Department of Financial and

    Professional
Regulation.

        (2) "Secretary" means the Secretary

of Financial and 
    Professional Regulation.

        (3) "Board" means the Illinois Optometric
Licensing 
    and
Disciplinary
Board appointed by the Secretary.

        (4) "License" means the document issued by the 
    Department
authorizing the
person named thereon to 
    practice optometry.

        (5) (Blank).

        (6) "Direct supervision" means supervision of any 
    person
assisting
an
optometrist, requiring that the 
    optometrist authorize the procedure, remain
in the 
    facility while the procedure is performed, approve the 
    work
performed by the person assisting before dismissal of 
    the patient, but does
not mean that the optometrist must 
    be present with the patient, during the
procedure. For the 
    dispensing of contact lenses, "direct supervision" means 
    that the optometrist is responsible for training the 
    person assisting the optometrist in the dispensing or sale 
    of contact lenses, but does not mean that the optometrist 
    must be present in the facility where he or she practices 
    under a license or ancillary registration at the time the 
    contacts are dispensed or sold. For the practice of 
    optometry through telehealth, "direct supervision" means 
    supervision by an optometrist of any person located at a 
    remote location who is assisting an optometrist with 
    procedures or optometric services administered to a 
    patient at the remote location when the optometrist is at 
    a distant site. 

        (7) "Address of record" means the designated address 
    recorded by the Department in the applicant's application 
    file or the licensee's license file maintained by the 
    Department's licensure maintenance unit. 
        (8)   "Remote location" means the site at which the 
    patient is located at the time optometric services are 
    rendered through telehealth to that patient.
        (9)   "Distant site" means the location in Illinois from 
    which an optometrist is rendering services through 
    telehealth.
        (10)  "Interactive telecommunications system" means an 
    audio and video system permitting 2-way, real-time 
    interactive communication between a patient located at a 
    remote location and an optometrist located at a distant 
    site.
        (11)  "Telehealth" means the evaluation, diagnosis, or 
    interpretation of patient-specific data that is 
    transmitted by way of an interactive telecommunication 
    system between a remote location and an optometrist 
    located at a distant site that generates interaction or 
    treatment recommendations for a patient located at a 
    remote location.  "Telehealth" includes the performance of 
    any of the activities set forth in Sections 3 and 15.1.
(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)

 
    (225 ILCS 80/15.4 new)
    Sec. 15.4. Telehealth.
    (a)  The General Assembly finds and declares that, because 
of technological advances and changing practice patterns, the 
practice of optometry is occurring more frequently across 
increasing distances within the State of Illinois and that 
certain technological advances in the practice of optometry 
are in the public interest. The General Assembly further finds 
and declares that the practice of optometry is a privilege and 
that the licensure by this State of practitioners outside this 
State engaging in the practice of optometry within this State 
and the ability to discipline those practitioners is necessary 
for the protection of the public health, welfare, and safety.
    (b)  An optometrist may practice optometry through 
telehealth as authorized by this Act and the Telehealth Act. 
If there is any conflict between the provisions of this Act and 
the provisions of the Telehealth Act, the provisions of this 
Act control.
    (c)  An optometrist treating a patient located in this 
State through telehealth must be licensed under this Act.
    (d)  An optometrist practicing optometry through telehealth 
is subject to the same standard of care and practice standards 
that are applicable to optometric services provided in a 
clinic or office setting.
    (e)  An optometrist may not provide telehealth services 
unless the optometrist has established a provider-patient 
relationship with the patient. In this subsection, 
"provider-patient relationship" means a relationship in which 
the optometrist has provided services to the patient at an 
in-person consultation no more than 3 years prior to the date 
on which telehealth services are provided. An in-person 
consultation is not required for new conditions relating to a 
patient with whom the optometrist has a provider-patient 
relationship unless the optometrist deems an in-person 
consultation is necessary to provide appropriate care. An 
optometrist may treat a patient through telehealth in the 
absence of a provider-patient relationship when, in the 
professional judgment of the optometrist, emergency care is 
required.
    (f)  An optometrist treating a patient through telehealth 
must perform at least a minimum eye examination as required by 
68 Ill. Adm. Code 1320.90 before prescribing eyeglasses or 
contact lenses to the patient.  Nothing in this Section 
authorizes an eye examination that:  (i) does not assess the 
ocular health and visual status of a patient, or (ii) consists 
solely of objective refractive data or information generated 
by an automated testing device, including an autorefractor, in 
order to establish a medical diagnosis or to determine a 
refractive error.
    (g)     A person who engages in the practice of optometry 
through telehealth without a license issued under this Act 
shall be subject to discipline or penalties provided in 
Sections 24 and 26.1.
    (h)     If the Department has reason to believe that a person 
has violated this Section, the Department may issue a rule to 
show cause why an order to cease and desist should not be 
entered against that person.  The rule shall clearly set forth 
the grounds relied upon by the Department and shall provide a 
period of 7 days from the date of the rule to file an answer to 
the satisfaction of the Department.  Failure to answer to the 
satisfaction of the Department shall cause an order to cease 
and desist to be issued immediately.