093_SB0124

 
                                     LRB093 06985 AMC 07135 b

 1        AN ACT concerning optometry.

 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
 5    is amended by changing Section 15.1 as follows:

 6        (225 ILCS 80/15.1)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 15.1.  Diagnostic and therapeutic certification.
 9        (a)  Any  licensed   optometrist   may   apply   to   the
10    Department,  in  the form the Department may prescribe, for a
11    certificate to use diagnostic topical  ocular  pharmaceutical
12    agents and the Department shall certify the applicant if:
13             (1)  the applicant has received appropriate training
14        and  certification from a properly accredited institution
15        of higher learning for the certificate; and
16             (2)  the applicant  has  demonstrated  training  and
17        competence    to    use    diagnostic    topical   ocular
18        pharmaceutical agents as required by the  Board  pursuant
19        to  rule  or regulation approved by the Board and adopted
20        by the Department.
21        A certificate to use topical ocular pharmaceutical agents
22    for diagnostic purposes previously issued by  the  Department
23    that  is  current  and  valid  on  the effective date of this
24    amendatory Act of 1995 is valid until its expiration date and
25    entitles the holder of  the  certificate  to  use  diagnostic
26    topical ocular pharmaceutical agents as provided in this Act.
27        (b)  Any   licensed   optometrist   may   apply   to  the
28    Department, in the form the Department may prescribe,  for  a
29    certificate  to  use therapeutic ocular pharmaceutical agents
30    and the Department shall certify the applicant if:
31             (1)  the applicant has received a certificate to use
 
                            -2-      LRB093 06985 AMC 07135 b
 1        diagnostic topical  ocular  pharmaceutical  agents  under
 2        subsection (a);
 3             (2)  the applicant has received appropriate training
 4        and  certification from a properly accredited institution
 5        of higher learning for the certificate; and
 6             (3)  the applicant  has  demonstrated  training  and
 7        competence   to  use  therapeutic  ocular  pharmaceutical
 8        agents as required by  the  Board  pursuant  to  rule  or
 9        regulation  approved  by  the  Board  and  adopted by the
10        Department.
11        All applicants for license renewal after January 1,  2030
12    2006  must  apply  for  and  maintain  certification  to  use
13    therapeutic ocular pharmaceutical agents.
14        (c)  For  purposes of the Act, "diagnostic topical ocular
15    pharmaceutical   agents"   means   anesthetics,   mydriatics,
16    cycloplegics, and miotics used  for  diagnostic  purposes  as
17    defined  by  the Board pursuant to rule approved by the Board
18    and adopted by the Department.
19        (d)  For the purposes of  the  Act,  "therapeutic  ocular
20    pharmaceutical  agents"  means  the  following  when used for
21    diagnostic or therapeutic  purposes:  topical  anti-infective
22    agents,  topical  anti-allergy  agents, topical anti-glaucoma
23    agents, topical anti-inflammatory agents, topical  anesthetic
24    agents,  over the counter agents, non-narcotic oral analgesic
25    agents, and mydriatic reversing agents.
26        (e)  A  licensed  optometrist  who   is   therapeutically
27    certified  may  remove  superficial  foreign  bodies from the
28    human eye and adnexa.
29        (e-5)  A  licensed  optometrist  who  is  therapeutically
30    certified may give orders for patient care related to the use
31    of  therapeutic  ocular  pharmaceutical  agents  to  a  nurse
32    licensed to practice under Illinois law.
33        (f)  An  optometrist's  certificate  to  use   diagnostic
34    topical  ocular  pharmaceutical  agents  shall  be revoked or
 
                            -3-      LRB093 06985 AMC 07135 b
 1    suspended by the Department upon recommendation of the  Board
 2    based   on  the  misuse  of  any  diagnostic  topical  ocular
 3    pharmaceutical agent.
 4        (g)  An  optometrist's  certificate  to  use  therapeutic
 5    ocular pharmaceutical agents shall be revoked or suspended by
 6    the Department upon recommendation of the Board based on  the
 7    misuse of any therapeutic ocular pharmaceutical agent.
 8        (h)  An   optometrist's   license  shall  be  revoked  or
 9    suspended by the Department upon recommendation of the  Board
10    based upon either of the following causes:
11             (1)  grave  or  repeated misuse of any diagnostic or
12        therapeutic ocular pharmaceutical agent; and
13             (2)  the use of any agent or procedure in the course
14        of optometric practice by  an  optometrist  not  properly
15        certified under this Section.
16        (i)  The  provisions of Sections 26.2, 26.3, 26.5, 26.10,
17    26.11, 26.14, and 26.15  of  this  Act  shall  apply  to  all
18    disciplinary proceedings brought under this Section.
19        (j)  The  Director  may temporarily suspend a certificate
20    to  use  diagnostic  topical  ocular  pharmaceuticals  or   a
21    certificate  to  use  therapeutic ocular pharmaceuticals or a
22    license   to   practice   optometry,   without   a   hearing,
23    simultaneously with the  institution  of  proceedings  for  a
24    hearing based upon a violation of subsection (f), (g), or (h)
25    of  this  Section, if the Director finds that evidence in his
26    or  her  possession  indicates  that  the  continued  use  of
27    diagnostic topical  ocular  pharmaceuticals,  or  therapeutic
28    ocular  pharmaceuticals,  or  continued practice of optometry
29    would constitute an immediate danger to the public.   In  the
30    event that the Director temporarily suspends a certificate to
31    use  diagnostic  topical  ocular pharmaceuticals, therapeutic
32    ocular pharmaceuticals, or a license  to  practice  optometry
33    without  a hearing, a hearing by the Board shall be commenced
34    within 15 days after suspension has occurred,  and  concluded
 
                            -4-      LRB093 06985 AMC 07135 b
 1    without appreciable delay.
 2        (k)  The  Director  of  the  Department  of  Professional
 3    Regulation  shall  notify  the  Director of the Department of
 4    Public Health as to the categories of  ocular  pharmaceutical
 5    agents  permitted for use by an optometrist.  The Director of
 6    the Department of Public Health shall in  turn  notify  every
 7    licensed  pharmacist in the State of the categories of ocular
 8    pharmaceutical agents that can be utilized and prescribed  by
 9    an optometrist.
10        (l)  Nothing  in this Act prohibits the use of diagnostic
11    topical ocular pharmaceutical agents  or  therapeutic  ocular
12    pharmaceutical   agents  in  the  practice  of  optometry  by
13    optometrists certified for such use under this Section.
14    (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.