|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning professional regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Optometric Practice Act of 1987 is | ||||||
5 | amended by changing Sections 7, 11, and 16 as follows:
| ||||||
6 | (225 ILCS 80/7) (from Ch. 111, par. 3907)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
8 | Sec. 7. Additional practice locations licenses . Every | ||||||
9 | holder of a license under this Act shall report to the | ||||||
10 | Department every additional location where the licensee | ||||||
11 | engages in the practice of optometry. Such reports shall be | ||||||
12 | made prior to practicing at the location and shall be done in a | ||||||
13 | manner prescribed by the Department. Failure to report a | ||||||
14 | practice location or to maintain evidence of such a report at | ||||||
15 | the practice location shall be a violation of this Act and | ||||||
16 | shall be considered the unlicensed practice of optometry. | ||||||
17 | Registering a location where a licensee does not practice shall | ||||||
18 | also be a violation of this Act. Upon proper application
and | ||||||
19 | payment of the prescribed fee,
additional licenses may be | ||||||
20 | issued to active practitioners
who are engaged in the practice | ||||||
21 | of optometry at more than one address.
A license must be | ||||||
22 | displayed at each location where the licensee engages in
the | ||||||
23 | practice of optometry.
Nothing contained herein, however, |
| |||||||
| |||||||
1 | shall be construed to require a licensed
optometrist in active | ||||||
2 | practice to report a location to the Department when obtain an | ||||||
3 | additional license for the purpose of serving on the staff of a | ||||||
4 | hospital or an
institution that receives no fees (other than | ||||||
5 | entrance
registration
fees)
for the services rendered by the | ||||||
6 | optometrist and for which the optometrist
receives no fees or | ||||||
7 | compensation directly or indirectly for such services
| ||||||
8 | rendered. Nothing contained herein shall be construed to | ||||||
9 | require a
licensed optometrist to report a location to the | ||||||
10 | Department when obtain an additional license for
the purpose of | ||||||
11 | rendering necessary optometric services for his or her
patients
| ||||||
12 | confined to their homes, hospitals or institutions, or to act | ||||||
13 | in an
advisory capacity, with or without remuneration, in any | ||||||
14 | industry, school or
institution.
| ||||||
15 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
16 | (225 ILCS 80/11) (from Ch. 111, par. 3911)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
18 | Sec. 11. Optometric Licensing and Disciplinary Board. The | ||||||
19 | Secretary shall
appoint an Illinois Optometric Licensing
and | ||||||
20 | Disciplinary Board as follows: Seven persons who shall be
| ||||||
21 | appointed
by and shall serve in an advisory capacity to the | ||||||
22 | Secretary. Five members
must be lawfully and actively engaged | ||||||
23 | in the practice of optometry in this
State, one member shall be | ||||||
24 | a licensed optometrist, with a full-time faculty appointment | ||||||
25 | with the
Illinois College of
Optometry, and one member must be |
| |||||||
| |||||||
1 | a member of the public who shall be a
voting member and is not | ||||||
2 | licensed under this Act, or a
similar Act of
another | ||||||
3 | jurisdiction, or have any connection with the profession. | ||||||
4 | Neither
the public member nor the faculty member shall | ||||||
5 | participate in the
preparation or administration of the | ||||||
6 | examination of applicants for
licensure . or certification.
| ||||||
7 | Members shall serve 4-year terms and until their successors
| ||||||
8 | are appointed
and qualified. No member shall be appointed to
| ||||||
9 | the Board for more than 2 successive 4-year terms, not counting | ||||||
10 | any partial
terms when appointed to fill the unexpired portion | ||||||
11 | of a vacated term. Appointments to
fill
vacancies shall be made | ||||||
12 | in the same manner as original appointments, for
the unexpired | ||||||
13 | portion of the vacated term.
| ||||||
14 | The Board shall annually elect a chairperson and a
| ||||||
15 | vice-chairperson, both of whom shall be licensed optometrists.
| ||||||
16 | The membership of the Board should reasonably reflect
| ||||||
17 | representation
from the geographic areas in this State.
| ||||||
18 | A majority of the Board members currently appointed shall | ||||||
19 | constitute a
quorum. A vacancy in the membership of the Board | ||||||
20 | shall not impair the right of
a quorum to perform all of the | ||||||
21 | duties of the Board.
| ||||||
22 | The Secretary may terminate the appointment of any member | ||||||
23 | for cause.
| ||||||
24 | The Secretary shall give due consideration to all | ||||||
25 | recommendations of the
Board, and in the event that the | ||||||
26 | Secretary disagrees with or
takes
action contrary to the |
| |||||||
| |||||||
1 | recommendation of the Board, he or
she shall provide
the Board | ||||||
2 | with a written and specific explanation of this
action. None
of | ||||||
3 | the functions, powers or duties of the Department with respect | ||||||
4 | to
policy matters relating to licensure, discipline, and | ||||||
5 | examination,
including the promulgation of such rules as may
be | ||||||
6 | necessary for the administration of this Act, shall be | ||||||
7 | exercised by the
Department except upon review of the Board.
| ||||||
8 | Without, in any manner, limiting the power of the | ||||||
9 | Department to conduct
investigations, the Board may recommend | ||||||
10 | to the Secretary that
one or more
licensed optometrists be | ||||||
11 | selected by the Secretary to conduct or assist in any
| ||||||
12 | investigation pursuant to this Act. Such licensed optometrist | ||||||
13 | may receive
remuneration as determined by the Secretary.
| ||||||
14 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
15 | (225 ILCS 80/16) (from Ch. 111, par. 3916)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
17 | Sec. 16. Renewal, reinstatement or restoration of | ||||||
18 | licenses; military
service. The expiration date and renewal | ||||||
19 | period for each license issued under this Act shall be set by | ||||||
20 | rule.
| ||||||
21 | All renewal applicants shall provide proof of having met | ||||||
22 | the requirements
of continuing education set forth in the rules | ||||||
23 | of the Department. The
Department shall, by rule, provide for | ||||||
24 | an orderly process for the
reinstatement of licenses which have | ||||||
25 | not been renewed due to failure to
meet the continuing |
| |||||||
| |||||||
1 | education requirements. The continuing education
requirement | ||||||
2 | may be waived for such good cause, including but not limited to
| ||||||
3 | illness or hardship, as defined by rules
of the Department.
| ||||||
4 | The Department shall establish by rule a means for the | ||||||
5 | verification of
completion of the continuing education | ||||||
6 | required by this Section. This
verification may be accomplished | ||||||
7 | through audits of records maintained by
registrants; by | ||||||
8 | requiring the filing of continuing education certificates
with | ||||||
9 | the Department; or by other means established by the | ||||||
10 | Department.
| ||||||
11 | Any licensee seeking renewal of his or her license during | ||||||
12 | the renewal cycle beginning April 1, 2008 must first complete a | ||||||
13 | tested educational course in the use of oral pharmaceutical | ||||||
14 | agents for the management of ocular conditions, as approved by | ||||||
15 | the Board.
| ||||||
16 | Any optometrist who has permitted his or her license to | ||||||
17 | expire or who has
had his or her license on inactive status may | ||||||
18 | have his or her license restored
by making application to the | ||||||
19 | Department and filing proof acceptable to the
Department of his | ||||||
20 | or her fitness to have his or her license restored and by
| ||||||
21 | paying the required fees. Such proof of fitness may include | ||||||
22 | evidence
certifying to active lawful practice in another | ||||||
23 | jurisdiction and must include
proof of the completion of the | ||||||
24 | continuing education requirements specified in
the rules for | ||||||
25 | the preceding license renewal period that has been completed | ||||||
26 | during the 2 years prior to the
application for license |
| |||||||
| |||||||
1 | restoration.
| ||||||
2 | The Department shall determine, by an evaluation program | ||||||
3 | established by
rule, his or her fitness for restoration of his | ||||||
4 | or her license and
shall establish procedures and requirements | ||||||
5 | for such restoration.
| ||||||
6 | However, any optometrist whose license expired while he or | ||||||
7 | she was (1) in
Federal Service on active duty with the Armed | ||||||
8 | Forces of the United States,
or the State Militia called into | ||||||
9 | service or training, or (2) in training or
education under the | ||||||
10 | supervision of the United States preliminary to
induction into | ||||||
11 | the military service, may have his or her license restored
| ||||||
12 | without paying any lapsed renewal fees if within 2 years after | ||||||
13 | honorable
termination of such service, training, or education, | ||||||
14 | he or she furnishes
the Department with satisfactory evidence | ||||||
15 | to the effect that he or she has
been so engaged and that his or | ||||||
16 | her service, training, or education has been
so terminated. | ||||||
17 | All licenses without "Therapeutic Certification" on March | ||||||
18 | 31, 2006 shall be placed on non-renewed status and may only be | ||||||
19 | renewed after the licensee meets those requirements | ||||||
20 | established by the Department that may not be waived. All | ||||||
21 | licensees on March 31, 2010 without a certification of | ||||||
22 | completion of an oral pharmaceutical course as required by this | ||||||
23 | Section shall be placed on non-renewed status and may only be | ||||||
24 | renewed after the licensee meets those requirements | ||||||
25 | established by the Department that may not be waived.
| ||||||
26 | (Source: P.A. 94-787, eff. 5-19-06; 95-242, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (225 ILCS 80/15.2 rep.) | ||||||
2 | Section 10. The Illinois Optometric Practice Act of 1987 is | ||||||
3 | amended by repealing Section 15.2.
|