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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Optometric Practice Act of 1987 is | ||||||
| 5 | amended by changing Section 3 as follows:
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| 6 | (225 ILCS 80/3) (from Ch. 111, par. 3903)
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| 7 | (Section scheduled to be repealed on January 1, 2017)
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| 8 | Sec. 3. Practice of optometry defined; referrals; | ||||||
| 9 | manufacture of lenses
and prisms. | ||||||
| 10 | (a) The practice of optometry is defined as the employment | ||||||
| 11 | of any
and all means for the examination, diagnosis, and | ||||||
| 12 | treatment of the human
visual system, the human eye, and its | ||||||
| 13 | appendages without the use of
surgery, including but not | ||||||
| 14 | limited to: the appropriate
use of ocular
pharmaceutical | ||||||
| 15 | agents; refraction and other determinants of visual function;
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| 16 | prescribing corrective lenses or prisms; prescribing, | ||||||
| 17 | dispensing, or management
of contact lenses; vision therapy; | ||||||
| 18 | visual rehabilitation; or any other
procedures taught in | ||||||
| 19 | schools and colleges of optometry approved by the
Department, | ||||||
| 20 | and not specifically restricted in this Act, subject to
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| 21 | demonstrated competency and training as required by the Board, | ||||||
| 22 | and pursuant
to rule or regulation approved by the Board and | ||||||
| 23 | adopted by
the Department.
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| 1 | A person shall be deemed to be practicing optometry within | ||||||
| 2 | the meaning of
this Act who:
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| 3 | (1) In any way presents himself or herself to be | ||||||
| 4 | qualified to
practice optometry.
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| 5 | (2) Performs refractions or employs any other | ||||||
| 6 | determinants of
visual function.
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| 7 | (3) Employs any means for the adaptation of lenses or | ||||||
| 8 | prisms.
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| 9 | (4) Prescribes corrective lenses, prisms, vision | ||||||
| 10 | therapy,
visual rehabilitation, or ocular pharmaceutical | ||||||
| 11 | agents.
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| 12 | (5) Prescribes or manages contact lenses for | ||||||
| 13 | refractive,
cosmetic, or therapeutic purposes.
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| 14 | (6) Evaluates the need for, or prescribes, low vision | ||||||
| 15 | aids to
partially sighted persons.
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| 16 | (7) Diagnoses or treats any ocular abnormality, | ||||||
| 17 | disease, or
visual or muscular anomaly of the human eye or | ||||||
| 18 | visual system.
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| 19 | (8) Practices, or offers or attempts to practice, | ||||||
| 20 | optometry as defined in
this Act either on his or her own | ||||||
| 21 | behalf or as an employee
of a person, firm,
or corporation, | ||||||
| 22 | whether under the supervision of his or her employer or | ||||||
| 23 | not.
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| 24 | Nothing in this Section shall be interpreted (i) to prevent | ||||||
| 25 | a person from
functioning as an assistant under the direct | ||||||
| 26 | supervision of a person licensed
by the State of Illinois to | ||||||
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| 1 | practice optometry or medicine in all of its
branches or (ii) | ||||||
| 2 | to prohibit visual screening programs that
are conducted | ||||||
| 3 | without a fee (other than voluntary donations), by
charitable | ||||||
| 4 | organizations
acting in the public welfare under
the | ||||||
| 5 | supervision of a committee composed of persons licensed by the | ||||||
| 6 | State of
Illinois to practice optometry or persons licensed by | ||||||
| 7 | the State of Illinois
to practice medicine in all of its | ||||||
| 8 | branches.
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| 9 | (b) When, in the course of providing optometric services to | ||||||
| 10 | any person,
an optometrist licensed under this Act finds an | ||||||
| 11 | indication of a disease or
condition of the eye which in his or | ||||||
| 12 | her professional judgment requires
professional service | ||||||
| 13 | outside the scope of practice as defined in this Act,
he or she | ||||||
| 14 | shall refer such person to a physician licensed to practice | ||||||
| 15 | medicine
in all of its branches, or other appropriate health | ||||||
| 16 | care practitioner.
Nothing in this Act shall preclude an | ||||||
| 17 | optometrist from rendering appropriate nonsurgical
emergency | ||||||
| 18 | care.
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| 19 | (c) Nothing contained in this Section shall prohibit a | ||||||
| 20 | person from
manufacturing ophthalmic lenses and prisms or the | ||||||
| 21 | fabrication
of contact lenses according to the specifications | ||||||
| 22 | prescribed by an optometrist
or a physician licensed to | ||||||
| 23 | practice medicine in all of its branches, but shall
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| 24 | specifically prohibit the sale or delivery of ophthalmic
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| 25 | lenses, prisms, and contact lenses without a prescription | ||||||
| 26 | signed by an
optometrist or a physician licensed to practice | ||||||
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| 1 | medicine in all of its
branches.
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| 2 | (d) Nothing in this Act shall restrict the filling of a | ||||||
| 3 | prescription by a
pharmacist licensed under the Pharmacy | ||||||
| 4 | Practice Act. | ||||||
| 5 | (e) Nothing in this Act shall be construed to restrict the | ||||||
| 6 | dispensing and sale by an optometrist of ocular devices, such | ||||||
| 7 | as contact lenses, that contain and deliver ocular | ||||||
| 8 | pharmaceutical agents permitted for use or prescription under | ||||||
| 9 | this Act.
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| 10 | (Source: P.A. 94-787, eff. 5-19-06; 95-689, eff. 10-29-07.)
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