SB2469 Enrolled LRB094 16641 RAS 51909 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Regulatory Sunset Act is amended by changing
5 Section 4.17 and by adding Section 4.27 as follows:
 
6     (5 ILCS 80/4.17)
7     Sec. 4.17. Acts repealed on January 1, 2007. The following
8 are repealed on January 1, 2007:
9         The Boiler and Pressure Vessel Repairer Regulation
10     Act.
11         The Structural Pest Control Act.
12         Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC,
13     XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
14     Insurance Code.
15         The Clinical Psychologist Licensing Act.
16         The Illinois Optometric Practice Act of 1987.
17         The Medical Practice Act of 1987.
18         The Environmental Health Practitioner Licensing Act.
19 (Source: P.A. 92-837, eff. 8-22-02.)
 
20     (5 ILCS 80/4.27 new)
21     Sec. 4.27. Act repealed on January 1, 2017. The following
22 Act is repealed on January 1, 2017:
23     The Illinois Optometric Practice Act of 1987.
 
24     Section 10. The Illinois Optometric Practice Act of 1987 is
25 amended by changing Sections 3, 4.5, 5, 6, 7, 8, 9, 10, 11, 12,
26 13, 14, 15.1, 16, 17, 19, 20, 21, 23, 24, 25, 26.1, 26.2, 26.5,
27 26.6, 26.7, 26.8, 26.9, 26.10, 26.11, 26.12, 26.13, and 28 and
28 by adding Sections 11.5 and 15.2 as follows:
 
29     (225 ILCS 80/3)  (from Ch. 111, par. 3903)

 

 

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1     (Section scheduled to be repealed on January 1, 2007)
2     Sec. 3. Practice of optometry defined; referrals;
3 manufacture of lenses and prisms.
4     (a) The practice of optometry is defined as the employment
5 of any and all means for the examination, diagnosis, and
6 treatment of the human visual system, the human eye, and its
7 appendages without the use of surgery, including but not
8 limited to: the appropriate use of diagnostic ocular
9 pharmaceutical agents and therapeutic ocular pharmaceutical
10 agents; refraction and other determinants of visual function;
11 prescribing corrective lenses or prisms; prescribing,
12 dispensing, or management of contact lenses; vision therapy;
13 visual rehabilitation; or any other procedures taught in
14 schools and colleges of optometry approved by the Department,
15 and not specifically restricted in this Act, subject to
16 demonstrated competency and training as required by the Board,
17 and pursuant to rule or regulation approved by the Board and
18 adopted by the Department.
19     A person shall be deemed to be practicing optometry within
20 the meaning of this Act who:
21         (1) In any way presents himself or herself to be
22     qualified to practice optometry.
23         (2) Performs refractions or employs any other
24     determinants of visual function.
25         (3) Employs any means for the adaptation of lenses or
26     prisms.
27         (4) Prescribes corrective lenses, prisms, vision
28     therapy, visual rehabilitation, or ocular pharmaceutical
29     agents.
30         (5) Prescribes or manages contact lenses for
31     refractive, cosmetic, or therapeutic purposes.
32         (6) Evaluates the need for, or prescribes, low vision
33     aids to partially sighted persons.
34         (7) Diagnoses or treats any ocular abnormality,
35     disease, or visual or muscular anomaly of the human eye or
36     visual system.

 

 

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1         (8) Practices, or offers or attempts to practice,
2     optometry as defined in this Act either on his or her own
3     behalf or as an employee of a person, firm, or corporation,
4     whether under the supervision of his or her employer or
5     not.
6     Nothing in this Section shall be interpreted (i) to prevent
7 a person from functioning as an assistant under the direct
8 supervision of a person licensed by the State of Illinois to
9 practice optometry or medicine in all of its branches or (ii)
10 to prohibit visual screening programs that are conducted
11 without a fee (other than voluntary donations), by charitable
12 organizations acting in the public welfare under the
13 supervision of a committee composed of persons licensed by the
14 State of Illinois to practice optometry or persons licensed by
15 the State of Illinois to practice medicine in all of its
16 branches.
17     (b) When, in the course of providing optometric services to
18 any person, an optometrist licensed under this Act finds an
19 indication of a disease or condition of the eye which in his or
20 her professional judgment requires professional service
21 outside the scope of practice as defined in this Act, he or she
22 shall refer such person to a physician licensed to practice
23 medicine in all of its branches, or other appropriate health
24 care practitioner. Nothing in this Act shall preclude an
25 optometrist who is therapeutically certified from rendering
26 appropriate nonsurgical ophthalmic emergency care.
27     (c) Nothing contained in this Section shall prohibit a
28 person from manufacturing ophthalmic lenses and prisms or the
29 fabrication of contact lenses according to the specifications
30 prescribed by an optometrist or a physician licensed to
31 practice medicine in all of its branches, but shall
32 specifically prohibit the sale or delivery of ophthalmic
33 lenses, prisms, and contact lenses without a prescription
34 signed by an optometrist or a physician licensed to practice
35 medicine in all of its branches.
36     (d) Nothing in this Act shall restrict the filling of a

 

 

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1 prescription by a pharmacist licensed under the Pharmacy
2 Practice Act of 1987.
3 (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
 
4     (225 ILCS 80/4.5)
5     (Section scheduled to be repealed on January 1, 2007)
6     Sec. 4.5. Unlicensed practice; violation; civil penalty.
7     (a) Any person who practices, offers to practice, attempts
8 to practice, or holds oneself out to practice optometry without
9 being licensed under this Act or any individual or entity that
10 causes or attempts to cause a licensed optometrist or any other
11 person under that individual's or entity's control to violate
12 this Act or any other State or federal law or rule related to
13 the practice of optometry shall, in addition to any other
14 penalty provided by law, pay a civil penalty to the Department
15 in an amount not to exceed $10,000 $5,000 for each offense as
16 determined by the Department. The civil penalty shall be
17 assessed by the Department after a hearing is held in
18 accordance with the provisions set forth in this Act regarding
19 the provision of a hearing for the discipline of a licensee.
20     (b) The Department has the authority and power to
21 investigate any and all unlicensed activity.
22     (c) The civil penalty shall be paid within 60 days after
23 the effective date of the order imposing the civil penalty. The
24 order shall constitute a judgment and may be filed and
25 execution had thereon in the same manner as any judgment from
26 any court of record.
27 (Source: P.A. 93-754, eff. 7-16-04.)
 
28     (225 ILCS 80/5)  (from Ch. 111, par. 3905)
29     (Section scheduled to be repealed on January 1, 2007)
30     Sec. 5. Title and designation of licensed optometrists.
31 Every person to whom a valid existing license as an optometrist
32 has been issued under this Act, shall be designated
33 professionally as an "optometrist" and not otherwise, and any
34 such licensed optometrist may, in connection with the practice

 

 

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1 of his or her profession, use the title or designation of
2 "optometrist", and, if entitled by degree from a college or
3 university recognized by the Department of Financial and
4 Professional Regulation, may use the title of "Doctor of
5 Optometry", or the abbreviation "O.D.". When the name of such
6 licensed optometrist is used professionally in oral, written,
7 or printed announcements, prescriptions, professional cards,
8 or publications for the information of the public, and is
9 preceded by the title "Doctor" or the abbreviation "Dr.", the
10 explanatory designation of "optometrist", "optometry", or
11 "Doctor of Optometry" shall be added immediately following such
12 title and name. When such announcement, prescription,
13 professional care or publication is in writing or in print,
14 such explanatory addition shall be in writing, type, or print
15 not less than one-half the size of that used in said name and
16 title. No person other than the holder of a valid existing
17 license under this Act shall use the title and designation of
18 "Doctor of Optometry", "O.D.", or "optometrist", either
19 directly or indirectly in connection with his or her profession
20 or business.
21 (Source: P.A. 89-702, eff. 7-1-97.)
 
22     (225 ILCS 80/6)  (from Ch. 111, par. 3906)
23     (Section scheduled to be repealed on January 1, 2007)
24     Sec. 6. Display of license or certificate; change of
25 address; record of examinations and prescriptions. Every
26 holder of a license or certificate under this Act shall display
27 such license or certificate on a conspicuous place in the
28 office or offices wherein such holder practices optometry and
29 every holder shall, whenever requested, exhibit such license or
30 certificate to any representative of the Department, and shall
31 notify the Department of the address or addresses and of every
32 change thereof, where such holder shall practice optometry.
33     Every licensed optometrist shall keep a record of
34 examinations made and prescriptions issued, which record shall
35 include the names of persons examined and for whom

 

 

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1 prescriptions were prepared, and shall be signed by the
2 licensed optometrist and retained by him in the office in which
3 such professional service was rendered. Such records shall be
4 preserved by the optometrist for a period designated by the
5 Department. A copy of such records shall be provided, upon
6 written request, to the person examined, or his or her
7 designee.
8 (Source: P.A. 91-141, eff. 7-16-99.)
 
9     (225 ILCS 80/7)  (from Ch. 111, par. 3907)
10     (Section scheduled to be repealed on January 1, 2007)
11     Sec. 7. Additional licenses and certificates. Upon proper
12 application and payment of the prescribed fee, additional
13 licenses and certificates may be issued to active practitioners
14 who are engaged in the practice of optometry at more than one
15 address. A license must be displayed at each location where the
16 licensee engages in the practice of optometry. Nothing
17 contained herein, however, shall be construed to require a
18 licensed optometrist in active practice to obtain an additional
19 license or certificate for the purpose of serving on the staff
20 of a hospital or an institution that receives no fees (other
21 than entrance registration fees) for the services rendered by
22 the optometrist and for which the optometrist receives no fees
23 or compensation directly or indirectly for such services
24 rendered. Nothing contained herein shall be construed to
25 require a licensed optometrist to obtain an additional license
26 or certificate for the purpose of rendering necessary
27 optometric services for his or her patients confined to their
28 homes, hospitals or institutions, or to act in an advisory
29 capacity, with or without remuneration, in any industry, school
30 or institution.
31 (Source: P.A. 89-702, eff. 7-1-97.)
 
32     (225 ILCS 80/8)  (from Ch. 111, par. 3908)
33     (Section scheduled to be repealed on January 1, 2007)
34     Sec. 8. Permitted activities. This Act does not prohibit:

 

 

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1     (1) Any person licensed in this State under any other Act
2 from engaging in the practice for which he or she is licensed.
3     (2) The practice of optometry by a person who is employed
4 by the United States government or any bureau, division or
5 agency thereof while in the discharge of the employee's
6 official duties.
7     (3) The practice of optometry that is included in their
8 program of study by students enrolled in schools of optometry
9 or in continuing education refresher courses approved by the
10 Department.
11     (4) Persons, firms, and corporations who manufacture or
12 deal in eye glasses or spectacles in a store, shop, or other
13 permanently established place of business, and who neither
14 practice nor attempt to practice optometry from engaging the
15 services of one or more licensed optometrists, nor prohibit any
16 such licensed optometrist when so engaged, to practice
17 optometry as defined in Section 3 of this Act, when the person,
18 or firm, or corporation so conducts his or her or its business
19 in a permanently established place and in such manner that his
20 or her or its activities, in any department in which such
21 optometrist is engaged, insofar as the practice of optometry is
22 concerned, are in keeping with the limitations imposed upon
23 individual practitioners of optometry by subparagraphs 17, 23,
24 26, 27, 28, 29, and 30 of Section 24 of this Act; provided,
25 that such licensed optometrist or optometrists shall not be
26 exempt, by reason of such relationship, from compliance with
27 the provisions of this Act as prescribed for individual
28 practitioners of optometry.
29 (Source: P.A. 89-702, eff. 7-1-97.)
 
30     (225 ILCS 80/9)  (from Ch. 111, par. 3909)
31     (Section scheduled to be repealed on January 1, 2007)
32     Sec. 9. Definitions. In this Act:
33         (1) "Department" means the Department of Financial and
34     Professional Regulation.
35         (2) "Secretary Director" means the Secretary Director

 

 

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1     of Financial and Professional Regulation.
2         (3) "Board" means the Illinois Optometric Licensing
3     and Disciplinary Board appointed by the Secretary
4     Director.
5         (4) "License" means the document issued by the
6     Department authorizing the person named thereon to
7     practice optometry.
8         (5) (Blank). "Certificate" means the document issued
9     by the Department authorizing the person named thereon as a
10     certified optometrist qualified to use diagnostic topical
11     ocular pharmaceutical agents or therapeutic ocular
12     pharmaceutical agents.
13         (6) "Direct supervision" means supervision of any
14     person assisting an optometrist, requiring that the
15     optometrist authorize the procedure, remain in the
16     facility while the procedure is performed, approve the work
17     performed by the person assisting before dismissal of the
18     patient, but does not mean that the optometrist must be
19     present with the patient, during the procedure.
20 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
 
21     (225 ILCS 80/10)  (from Ch. 111, par. 3910)
22     (Section scheduled to be repealed on January 1, 2007)
23     Sec. 10. Powers and duties of Department; rules; report.
24 The Department shall exercise the powers and duties prescribed
25 by the Civil Administrative Code of Illinois for the
26 administration of Licensing Acts and shall exercise such other
27 powers and duties necessary for effectuating the purpose of
28 this Act.
29     The Secretary Director shall promulgate Rules consistent
30 with the provisions of this Act, for the administration and
31 enforcement thereof and may prescribe forms that shall be
32 issued in connection therewith. The rules shall include
33 standards and criteria for licensure and certification, and
34 professional conduct and discipline.
35     The Department shall consult with the Board in promulgating

 

 

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1 rules. Notice of proposed rulemaking shall be transmitted to
2 the Board and the Department shall review the Board's responses
3 and any recommendations made therein. The Department shall
4 notify the Board in writing with explanations of deviations
5 from the Board's recommendations and responses. The Department
6 may solicit the advice of the Board on any matter relating to
7 the administration and enforcement of this Act.
8 (Source: P.A. 89-702, eff. 7-1-97.)
 
9     (225 ILCS 80/11)  (from Ch. 111, par. 3911)
10     (Section scheduled to be repealed on January 1, 2007)
11     Sec. 11. Optometric Licensing and Disciplinary Board. The
12 Secretary Director shall appoint an Illinois Optometric
13 Licensing and Disciplinary Board as follows: Seven persons who
14 shall be appointed by and shall serve in an advisory capacity
15 to the Secretary Director. Five members must be lawfully and
16 actively engaged in the practice of optometry in this State,
17 one member shall be a licensed optometrist who is a member,
18 with a full-time faculty appointment with the Illinois College
19 of Optometry, and one member must be a member of the public who
20 shall be a voting member and is not licensed under this Act, or
21 a similar Act of another jurisdiction, or have any connection
22 with the profession. Neither the public member nor the faculty
23 member shall participate in the preparation or administration
24 of the examination of applicants for licensure or
25 certification.
26     Members shall serve 4-year terms and until their successors
27 are appointed and qualified. No member shall be appointed to
28 the Board for more than 2 successive 4-year terms, not counting
29 any partial terms when appointed to fill the unexpired portion
30 of a vacated term. Appointments to fill vacancies shall be made
31 in the same manner as original appointments, for the unexpired
32 portion of the vacated term. Initial terms shall begin upon the
33 effective date of this Act. Board members in office on that
34 date may be appointed to specific terms as indicated herein.
35     The Board shall annually elect a chairperson and a

 

 

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1 vice-chairperson, both of whom shall be licensed optometrists.
2     The membership of the Board should reasonably reflect
3 representation from the geographic areas in this State.
4     A majority of the Board members currently appointed shall
5 constitute a quorum. A vacancy in the membership of the Board
6 shall not impair the right of a quorum to perform all of the
7 duties of the Board.
8     The Secretary Director may terminate the appointment of any
9 member for cause.
10     The Secretary Director shall give due consideration to all
11 recommendations of the Board, and in the event that the
12 Secretary Director disagrees with or takes action contrary to
13 the recommendation of the Board, he or she shall provide the
14 Board with a written and specific explanation of this action.
15 None of the functions, powers or duties of the Department with
16 respect to policy matters relating to licensure, discipline,
17 and examination, including the promulgation of such rules as
18 may be necessary for the administration of this Act, shall be
19 exercised by the Department except upon review of the Board.
20     Without, in any manner, limiting the power of the
21 Department to conduct investigations, the Board may recommend
22 to the Secretary Director that one or more licensed
23 optometrists be selected by the Secretary Director to conduct
24 or assist in any investigation pursuant to this Act. Such
25 licensed optometrist may receive remuneration as determined by
26 the Secretary Director.
27 (Source: P.A. 91-141, eff. 7-16-99.)
 
28     (225 ILCS 80/11.5 new)
29     (Section scheduled to be repealed on January 1, 2017)
30     Sec. 11.5. Optometric coordinator. The Secretary shall,
31 upon consultation with the Board and with consideration of
32 credentials and experience commensurate with the requirements
33 of the position, select an optometric coordinator who shall not
34 be a member of the Board. The optometric coordinator shall be
35 an optometrist licensed to practice in Illinois and shall be

 

 

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1 employed by the Department contractually or in conformance with
2 the Personnel Code. The optometric coordinator shall be the
3 chief enforcement officer of this Act.
 
4     (225 ILCS 80/12)  (from Ch. 111, par. 3912)
5     (Section scheduled to be repealed on January 1, 2007)
6     Sec. 12. Applications for licenses and certificates.
7 Applications for original licenses and certificates shall be
8 made to the Department in writing or electronically on forms
9 prescribed by the Department and shall be accompanied by the
10 required fee, which shall not be refundable. Any such
11 application shall require such information as in the judgment
12 of the Department will enable the Department to pass on the
13 qualifications of the applicant for a license or certificate.
14     An applicant for initial licensure in Illinois shall apply
15 for and be qualified to receive and shall maintain
16 certification to use diagnostic and therapeutic ocular
17 pharmaceuticals.
18     Applicants have 3 years from the date of application to
19 complete the application process. If the process has not been
20 completed within 3 years, the application shall be denied, the
21 application fees shall be forfeited, and the applicant must
22 reapply and meet the requirements in effect at the time of
23 reapplication.
24     Applicants who meet all other conditions for licensure and
25 who will be practicing optometry in a residency program
26 approved by the Board may apply for and receive a limited one
27 year license to practice optometry as a resident in the
28 program. The holder of a valid one-year residency license may
29 perform those acts prescribed by and incidental to the
30 residency license holder's program of residency training, with
31 the same privileges and responsibilities as a fully licensed
32 optometrist, but may not otherwise engage in the practice of
33 optometry in this State, unless fully licensed under this Act.
34 A licensee who receives a limited license under this Section
35 shall have the same privileges and responsibilities as a

 

 

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1 therapeutically certified licensee.
2     The Department may revoke a one-year residency license upon
3 proof that the residency license holder has engaged in the
4 practice of optometry in this State outside of his or her
5 residency program or if the residency license holder fails to
6 supply the Department, within 10 days after its request, with
7 information concerning his or her current status and activities
8 in the residency program.
9 (Source: P.A. 91-141, eff. 7-16-99; 92-451, eff. 8-21-01.)
 
10     (225 ILCS 80/13)  (from Ch. 111, par. 3913)
11     (Section scheduled to be repealed on January 1, 2007)
12     Sec. 13. Examination of applicants. The Department shall
13 promulgate rules establishing examination requirements for
14 applicants as optometrists. The examination shall accurately
15 evaluate the applicant's ability to perform to the minimum
16 standards of the practice of optometry of applicants shall be
17 of a character to give a fair test of the qualifications of the
18 applicant to practice optometry.
19     Applicants for examination shall be required to pay, either
20 to the Department or the designated testing service, a fee
21 covering the cost of providing the examination. Failure to
22 appear for the examination on the scheduled date, at the time
23 and place specified, after the applicant's application for
24 examination has been received and acknowledged by the
25 Department or the designated testing service, shall result in
26 the forfeiture of the examination fee.
27     The Department may employ consultants for the purpose of
28 preparing and conducting examinations.
29 (Source: P.A. 89-702, eff. 7-1-97.)
 
30     (225 ILCS 80/14)  (from Ch. 111, par. 3914)
31     (Section scheduled to be repealed on January 1, 2007)
32     Sec. 14. A person shall be qualified for initial licensure
33 as an optometrist if that person has applied in writing in form
34 and substance satisfactory to the Department and who:

 

 

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1     (1) has not been convicted of any of the provisions of
2 Section 24 of this Act which would be grounds for discipline
3 under this Act;
4     (2) has graduated, after January 1, 1994, from a program of
5 optometry education approved by the Department or has
6 graduated, prior to January 1, 1994, and has met substantially
7 equivalent criteria established by the Department;
8     (3) (blank); and
9     (4) has met all examination requirements including the
10 passage of a nationally recognized examination authorized by
11 the Department. Each applicant shall be tested on theoretical
12 knowledge and clinical practice skills.
13 (Source: P.A. 89-387, eff. 8-20-95.)
 
14     (225 ILCS 80/15.1)
15     (Section scheduled to be repealed on January 1, 2007)
16     Sec. 15.1. Diagnostic and therapeutic authority
17 certification.
18     (a) For purposes of the Act, "ocular pharmaceutical agents"
19 means topical anesthetics, topical mydriatics, topical
20 cycloplegics, topical miotics, topical anti-infective agents,
21 topical anti-allergy agents, topical anti-glaucoma agents,
22 topical anti-inflammatory agents, topical anesthetic agents,
23 over-the-counter agents, non-narcotic oral analgesic agents,
24 and mydriatic reversing agents when used for diagnostic or
25 therapeutic purposes.
26     (b) A licensed optometrist may remove superficial foreign
27 bodies from the human eye and adnexa and may give orders for
28 patient care to a nurse licensed to practice under Illinois
29 law.
30      (c) An optometrist's license shall be revoked or suspended
31 by the Department upon recommendation of the Board based upon
32 either of the following causes:
33         (1) grave or repeated misuse of any ocular
34     pharmaceutical agent; and
35         (2) the use of any agent or procedure in the course of

 

 

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1     optometric practice by an optometrist not properly
2     authorized under this Act.
3     (d) The Secretary of Financial and Professional Regulation
4 shall notify the Director of Public Health as to the categories
5 of ocular pharmaceutical agents permitted for use by an
6 optometrist. The Director of Public Health shall in turn notify
7 every licensed pharmacist in the State of the categories of
8 ocular pharmaceutical agents that can be utilized and
9 prescribed by an optometrist. Any licensed optometrist may
10 apply to the Department, in the form the Department may
11 prescribe, for a certificate to use diagnostic topical ocular
12 pharmaceutical agents and the Department shall certify the
13 applicant if:
14         (1) the applicant has received appropriate training
15     and certification from a properly accredited institution
16     of higher learning for the certificate; and
17         (2) the applicant has demonstrated training and
18     competence to use diagnostic topical ocular pharmaceutical
19     agents as required by the Board pursuant to rule or
20     regulation approved by the Board and adopted by the
21     Department.
22     A certificate to use topical ocular pharmaceutical agents
23 for diagnostic purposes previously issued by the Department
24 that is current and valid on the effective date of this
25 amendatory Act of 1995 is valid until its expiration date and
26 entitles the holder of the certificate to use diagnostic
27 topical ocular pharmaceutical agents as provided in this Act.
28     (b) Any licensed optometrist may apply to the Department,
29 in the form the Department may prescribe, for a certificate to
30 use therapeutic ocular pharmaceutical agents and the
31 Department shall certify the applicant if:
32         (1) the applicant has received a certificate to use
33     diagnostic topical ocular pharmaceutical agents under
34     subsection (a);
35         (2) the applicant has received appropriate training
36     and certification from a properly accredited institution

 

 

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1     of higher learning for the certificate; and
2         (3) the applicant has demonstrated training and
3     competence to use therapeutic ocular pharmaceutical agents
4     as required by the Board pursuant to rule or regulation
5     approved by the Board and adopted by the Department.
6     All applicants for license renewal after January 1, 2006
7 must apply for and maintain certification to use therapeutic
8 ocular pharmaceutical agents.
9     (c) For purposes of the Act, "diagnostic topical ocular
10 pharmaceutical agents" means anesthetics, mydriatics,
11 cycloplegics, and miotics used for diagnostic purposes as
12 defined by the Board pursuant to rule approved by the Board and
13 adopted by the Department.
14     (d) For the purposes of the Act, "therapeutic ocular
15 pharmaceutical agents" means the following when used for
16 diagnostic or therapeutic purposes: topical anti-infective
17 agents, topical anti-allergy agents, topical anti-glaucoma
18 agents, topical anti-inflammatory agents, topical anesthetic
19 agents, over the counter agents, non-narcotic oral analgesic
20 agents, and mydriatic reversing agents.
21     (e) A licensed optometrist who is therapeutically
22 certified may remove superficial foreign bodies from the human
23 eye and adnexa.
24     (e-5) A licensed optometrist who is therapeutically
25 certified may give orders for patient care related to the use
26 of therapeutic ocular pharmaceutical agents to a nurse licensed
27 to practice under Illinois law.
28     (f) An optometrist's certificate to use diagnostic topical
29 ocular pharmaceutical agents shall be revoked or suspended by
30 the Department upon recommendation of the Board based on the
31 misuse of any diagnostic topical ocular pharmaceutical agent.
32     (g) An optometrist's certificate to use therapeutic ocular
33 pharmaceutical agents shall be revoked or suspended by the
34 Department upon recommendation of the Board based on the misuse
35 of any therapeutic ocular pharmaceutical agent.
36     (h) An optometrist's license shall be revoked or suspended

 

 

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1 by the Department upon recommendation of the Board based upon
2 either of the following causes:
3         (1) grave or repeated misuse of any diagnostic or
4     therapeutic ocular pharmaceutical agent; and
5         (2) the use of any agent or procedure in the course of
6     optometric practice by an optometrist not properly
7     certified under this Section.
8     (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
9 26.11, 26.14, and 26.15 of this Act shall apply to all
10 disciplinary proceedings brought under this Section.
11     (j) The Director may temporarily suspend a certificate to
12 use diagnostic topical ocular pharmaceuticals or a certificate
13 to use therapeutic ocular pharmaceuticals or a license to
14 practice optometry, without a hearing, simultaneously with the
15 institution of proceedings for a hearing based upon a violation
16 of subsection (f), (g), or (h) of this Section, if the Director
17 finds that evidence in his or her possession indicates that the
18 continued use of diagnostic topical ocular pharmaceuticals, or
19 therapeutic ocular pharmaceuticals, or continued practice of
20 optometry would constitute an immediate danger to the public.
21 In the event that the Director temporarily suspends a
22 certificate to use diagnostic topical ocular pharmaceuticals,
23 therapeutic ocular pharmaceuticals, or a license to practice
24 optometry without a hearing, a hearing by the Board shall be
25 commenced within 15 days after suspension has occurred, and
26 concluded without appreciable delay.
27     (k) The Director of the Department of Professional
28 Regulation shall notify the Director of the Department of
29 Public Health as to the categories of ocular pharmaceutical
30 agents permitted for use by an optometrist. The Director of the
31 Department of Public Health shall in turn notify every licensed
32 pharmacist in the State of the categories of ocular
33 pharmaceutical agents that can be utilized and prescribed by an
34 optometrist.
35     (l) Nothing in this Act prohibits the use of diagnostic
36 topical ocular pharmaceutical agents or therapeutic ocular

 

 

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1 pharmaceutical agents in the practice of optometry by
2 optometrists certified for such use under this Section.
3 (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
 
4     (225 ILCS 80/15.2 new)
5     (Section scheduled to be repealed on January 1, 2007)
6     Sec. 15.2. Limited optometry license. Any licensed
7 optometrist who (i) was originally licensed under a predecessor
8 Act prior to 1965 and (ii) was not certified to use therapeutic
9 ocular pharmaceutical agents as of January 1, 2006, shall, upon
10 application and payment of a non-prorated fee of $200, be
11 issued a limited optometry license by the Department to
12 practice optometry until January 1, 2007, as provided for in
13 this Section.
14     A limited optometry licensee may not diagnose or treat eye
15 disease, remove foreign bodies from the eye, or use or
16 prescribe pharmaceutical agents, but shall have all other
17 rights and responsibilities of a licensee under this Act.
18     This Section is repealed on January 1, 2007.
 
19     (225 ILCS 80/16)  (from Ch. 111, par. 3916)
20     (Section scheduled to be repealed on January 1, 2007)
21     Sec. 16. Renewal, reinstatement or restoration of
22 licenses; military service. The expiration date and renewal
23 period for each license and certificate issued under this Act
24 shall be set by rule.
25     All renewal applicants shall provide proof of having met
26 the requirements of continuing education set forth in the rules
27 of the Department. The Department shall, by rule, provide for
28 an orderly process for the reinstatement of licenses which have
29 not been renewed due to failure to meet the continuing
30 education requirements. The continuing education requirement
31 may be waived for such good cause, including but not limited to
32 illness or hardship, as defined by rules of the Department.
33     The Department shall establish by rule a means for the
34 verification of completion of the continuing education

 

 

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1 required by this Section. This verification may be accomplished
2 through audits of records maintained by registrants; by
3 requiring the filing of continuing education certificates with
4 the Department; or by other means established by the
5 Department.
6     Any optometrist who has permitted his or her license to
7 expire or who has had his or her license on inactive status may
8 have his or her license restored by making application to the
9 Department and filing proof acceptable to the Department of his
10 or her fitness to have his or her license restored and by
11 paying the required fees. Such proof of fitness may include
12 evidence certifying to active lawful practice in another
13 jurisdiction and must include proof of the completion of the
14 continuing education requirements specified in the rules for
15 the preceding license renewal period for the applicant's level
16 of certification that has been completed during the 2 years
17 prior to the application for license restoration.
18     The Department shall determine, by an evaluation program
19 established by rule, his or her fitness for restoration of his
20 or her license and shall establish procedures and requirements
21 for such restoration.
22     However, any optometrist whose license expired while he or
23 she was (1) in Federal Service on active duty with the Armed
24 Forces of the United States, or the State Militia called into
25 service or training, or (2) in training or education under the
26 supervision of the United States preliminary to induction into
27 the military service, may have his or her license restored
28 without paying any lapsed renewal fees if within 2 years after
29 honorable termination of such service, training, or education,
30 he or she furnishes the Department with satisfactory evidence
31 to the effect that he or she has been so engaged and that his or
32 her service, training, or education has been so terminated.
33     All licenses without "Therapeutic Certification" on March
34 31, 2006 shall be placed on non-renewed status and may only be
35 renewed after the licensee meets those requirements
36 established by the Department that may not be waived.

 

 

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1 (Source: P.A. 92-451, eff. 8-21-01; 92-750, eff. 1-1-03.)
 
2     (225 ILCS 80/17)  (from Ch. 111, par. 3917)
3     (Section scheduled to be repealed on January 1, 2007)
4     Sec. 17. Inactive status. Any optometrist who notifies the
5 Department in writing on forms prescribed by the Department,
6 may elect to place his or her license on an inactive status and
7 shall be excused from payment of renewal fees until he or she
8 notifies the Department in writing of his intent to restore his
9 or her license.
10     Any optometrist requesting restoration from inactive
11 status shall be required to pay the current renewal fee, to
12 provide proof of completion of the continuing education
13 requirements specified in the rules for the preceding license
14 renewal period for the applicant's level of certification that
15 has been completed during the 2 years prior to the application
16 for restoration, and to restore his or her license as provided
17 by rule of the Department. All licenses without "Therapeutic
18 Certification" that are on inactive status as of March 31, 2006
19 shall be placed on non-renewed status and may only be restored
20 after the licensee meets those requirements established by the
21 Department that may not be waived.
22     Any optometrist whose license is in an inactive status
23 shall not practice optometry in the State of Illinois.
24     Any licensee who shall practice while his or her license is
25 lapsed or on inactive status shall be considered to be
26 practicing without a license which shall be grounds for
27 discipline under Section 24 subsection (a) of this Act.
28 (Source: P.A. 92-451, eff. 8-21-01.)
 
29     (225 ILCS 80/19)  (from Ch. 111, par. 3919)
30     (Section scheduled to be repealed on January 1, 2007)
31     Sec. 19. Fees. The Department shall provide by rule, for a
32 schedule of fees to be paid for licenses or certificates of
33 registration by all applicants.
34     The (a) Except as provided in paragraph (b) below, the fees

 

 

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1 for the administration and enforcement of this Act, including
2 but not limited to, original licensure and certification,
3 renewal and restoration, shall be set by rule. The fees shall
4 not be refundable.
5     (b) Applicants for examination shall be required to pay,
6 either to the Department or the designated testing service, a
7 fee covering the cost of initial screening to determine
8 eligibility and for providing the examination. Failure to
9 appear for the examination on the scheduled date at the time
10 and place specified, after the applicant's application for
11 examination has been received and acknowledged by the
12 Department or the designated testing service, shall result in
13 the forfeiture of the examination fee.
14 (Source: P.A. 89-702, eff. 7-1-97.)
 
15     (225 ILCS 80/20)  (from Ch. 111, par. 3920)
16     (Section scheduled to be repealed on January 1, 2007)
17     Sec. 20. Fund. All moneys received by the Department
18 pursuant to this Act shall be deposited in the Optometric
19 Licensing and Disciplinary Board Fund, which is hereby created
20 as a special fund in the State Treasury, and shall be used for
21 the administration of this Act, including: (a) by the Board in
22 the exercise of its powers and performance of its duties, as
23 such use is made by the Department with full consideration of
24 all recommendations of the Board; (b) for costs directly
25 related to license renewal of persons licensed under this Act;
26 and (c) for direct and allocable indirect costs related to the
27 public purposes of the Department of Financial and Professional
28 Regulation. Subject to appropriation, moneys in the Optometric
29 Licensing and Disciplinary Board Fund may be used for the
30 Optometric Education Scholarship Program administered by the
31 Illinois Student Assistance Commission pursuant to Section
32 65.70 of the Higher Education Student Assistance Act.
33     Moneys in the Fund may be transferred to the Professions
34 Indirect Cost Fund as authorized under Section 2105-300 of the
35 Department of Professional Regulation Law (20 ILCS

 

 

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1 2105/2105-300).
2     Money in the Optometric Licensing and Disciplinary Board
3 Fund may be invested and reinvested, with all earnings received
4 from such investment to be deposited in the Optometric
5 Licensing and Disciplinary Board Fund and used for the same
6 purposes as fees deposited in such fund.
7     Any monies in the Optometric Examining and Disciplinary
8 Board Fund on the effective date of this Act shall be
9 transferred to the Optometric Licensing and Disciplinary Board
10 Fund.
11     Any obligations of the Optometric Examining and
12 Disciplinary Board Fund unpaid on the effective date of this
13 Act shall be paid from the Optometric Licensing and
14 Disciplinary Board Fund.
15 (Source: P.A. 91-239, eff. 1-1-00; 92-569, eff. 6-26-02.)
 
16     (225 ILCS 80/21)  (from Ch. 111, par. 3921)
17     (Section scheduled to be repealed on January 1, 2007)
18     Sec. 21. The Department shall maintain a roster of the
19 names and addresses of all licensees and certificate holders
20 and of all persons whose licenses or certificates have been
21 suspended or revoked. This roster shall be available upon
22 written request and payment of the required fee.
23 (Source: P.A. 85-896.)
 
24     (225 ILCS 80/23)  (from Ch. 111, par. 3923)
25     (Section scheduled to be repealed on January 1, 2007)
26     Sec. 23. Practice by corporations. No license shall be
27 issued by the Department to any corporation that (i) has a
28 stated purpose that includes, or (ii) practices or holds itself
29 out as available to practice, optometry or any of the functions
30 described in Section 3 of the Act, unless it is organized under
31 the Professional Service Corporation Act.
32 (Source: P.A. 89-702, eff. 7-1-97.)
 
33     (225 ILCS 80/24)  (from Ch. 111, par. 3924)

 

 

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1     (Section scheduled to be repealed on January 1, 2007)
2     Sec. 24. Grounds for disciplinary action.
3     (a) The Department may refuse to issue or to renew, or may
4 revoke, suspend, place on probation, reprimand or take other
5 disciplinary action as the Department may deem proper,
6 including fines not to exceed $10,000 $5,000 for each
7 violation, with regard to any license or certificate for any
8 one or combination of the following causes:
9         (1) Violations of this Act, or of the rules promulgated
10     hereunder.
11         (2) Conviction of or entry of a plea of guilty to any
12     crime under the laws of any U.S. jurisdiction thereof that
13     is a felony or that is a misdemeanor of which an essential
14     element is dishonesty, or of any crime that is directly
15     related to the practice of the profession.
16         (3) Making any misrepresentation for the purpose of
17     obtaining a license or certificate.
18         (4) Professional incompetence or gross negligence in
19     the practice of optometry.
20         (5) Gross malpractice, prima facie evidence of which
21     may be a conviction or judgment of malpractice in any court
22     of competent jurisdiction.
23         (6) Aiding or assisting another person in violating any
24     provision of this Act or rules.
25         (7) Failing, within 60 days, to provide information in
26     response to a written request made by the Department that
27     has been sent by certified or registered mail to the
28     licensee's last known address.
29         (8) Engaging in dishonorable, unethical, or
30     unprofessional conduct of a character likely to deceive,
31     defraud, or harm the public.
32         (9) Habitual or excessive use or addiction to alcohol,
33     narcotics, stimulants or any other chemical agent or drug
34     that results in the inability to practice with reasonable
35     judgment, skill, or safety.
36         (10) Discipline by another U.S. jurisdiction or

 

 

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1     foreign nation, if at least one of the grounds for the
2     discipline is the same or substantially equivalent to those
3     set forth herein.
4         (11) Directly or indirectly giving to or receiving from
5     any person, firm, corporation, partnership, or association
6     any fee, commission, rebate, or other form of compensation
7     for any professional services not actually or personally
8     rendered. This shall not be deemed to include (i) rent or
9     other remunerations paid to an individual, partnership, or
10     corporation by an optometrist for the lease, rental, or use
11     of space, owned or controlled, by the individual,
12     partnership, corporation or association, and (ii) the
13     division of fees between an optometrist and related
14     professional service providers with whom the optometrist
15     practices in a professional corporation organized under
16     Section 3.6 of the Professional Service Corporation Act.
17         (12) A finding by the Department that the licensee,
18     after having his or her license placed on probationary
19     status has violated the terms of probation.
20         (13) Abandonment of a patient.
21         (14) Willfully making or filing false records or
22     reports in his or her practice, including but not limited
23     to false records filed with State agencies or departments.
24         (15) Willfully failing to report an instance of
25     suspected child abuse or neglect as required by the Abused
26     and Neglected Child Reporting Act.
27         (16) Physical illness, including but not limited to,
28     deterioration through the aging process, or loss of motor
29     skill, mental illness, or disability that results in the
30     inability to practice the profession with reasonable
31     judgment, skill, or safety.
32         (17) Solicitation of professional services other than
33     permitted advertising.
34         (18) Failure to provide a patient with a copy of his or
35     her record or prescription in accordance with federal law
36     upon the written request of the patient.

 

 

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1         (19) Conviction by any court of competent
2     jurisdiction, either within or without this State, of any
3     violation of any law governing the practice of optometry,
4     conviction in this or another State of any crime that is a
5     felony under the laws of this State or conviction of a
6     felony in a federal court, if the Department determines,
7     after investigation, that such person has not been
8     sufficiently rehabilitated to warrant the public trust.
9         (20) A finding that licensure has been applied for or
10     obtained by fraudulent means.
11         (21) Continued practice by a person knowingly having an
12     infectious or contagious disease.
13         (22) Being named as a perpetrator in an indicated
14     report by the Department of Children and Family Services
15     under the Abused and Neglected Child Reporting Act, and
16     upon proof by clear and convincing evidence that the
17     licensee has caused a child to be an abused child or a
18     neglected child as defined in the Abused and Neglected
19     Child Reporting Act.
20         (23) Practicing or attempting to practice under a name
21     other than the full name as shown on his or her license.
22         (24) Immoral conduct in the commission of any act, such
23     as sexual abuse, sexual misconduct or sexual exploitation,
24     related to the licensee's practice.
25         (25) Maintaining a professional relationship with any
26     person, firm, or corporation when the optometrist knows, or
27     should know, that such person, firm, or corporation is
28     violating this Act.
29         (26) Promotion of the sale of drugs, devices,
30     appliances or goods provided for a client or patient in
31     such manner as to exploit the patient or client for
32     financial gain of the licensee.
33         (27) Using the title "Doctor" or its abbreviation
34     without further qualifying that title or abbreviation with
35     the word "optometry" or "optometrist".
36         (28) Use by a licensed optometrist of the word

 

 

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1     "infirmary", "hospital", "school", "university", in
2     English or any other language, in connection with the place
3     where optometry may be practiced or demonstrated.
4         (29) Continuance of an optometrist in the employ of any
5     person, firm or corporation, or as an assistant to any
6     optometrist or optometrists, directly or indirectly, after
7     his or her employer or superior has been found guilty of
8     violating or has been enjoined from violating the laws of
9     the State of Illinois relating to the practice of
10     optometry, when the employer or superior persists in that
11     violation.
12         (30) The performance of optometric service in
13     conjunction with a scheme or plan with another person, firm
14     or corporation known to be advertising in a manner contrary
15     to this Act or otherwise violating the laws of the State of
16     Illinois concerning the practice of optometry.
17         (31) Failure to provide satisfactory proof of having
18     participated in approved continuing education programs as
19     determined by the Board and approved by the Secretary
20     Director. Exceptions for extreme hardships are to be
21     defined by the rules of the Department.
22         (32) Willfully making or filing false records or
23     reports in the practice of optometry, including, but not
24     limited to false records to support claims against the
25     medical assistance program of the Department of Healthcare
26     and Family Services (formerly Department of Public Aid)
27     under the Illinois Public Aid Code.
28         (33) Gross and willful overcharging for professional
29     services including filing false statements for collection
30     of fees for which services are not rendered, including, but
31     not limited to filing false statements for collection of
32     monies for services not rendered from the medical
33     assistance program of the Department of Healthcare and
34     Family Services (formerly Department of Public Aid) under
35     the Illinois Public Aid Code.
36         (34) In the absence of good reasons to the contrary,

 

 

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1     failure to perform a minimum eye examination as required by
2     the rules of the Department.
3         (35) Violation of the Health Care Worker Self-Referral
4     Act.
5     The Department may refuse to issue or may suspend the
6 license or certificate of any person who fails to file a
7 return, or to pay the tax, penalty or interest shown in a filed
8 return, or to pay any final assessment of the tax, penalty or
9 interest, as required by any tax Act administered by the
10 Illinois Department of Revenue, until such time as the
11 requirements of any such tax Act are satisfied.
12     (a-5) In enforcing this Section, the Board upon a showing
13 of a possible violation, may compel any individual licensed to
14 practice under this Act, or who has applied for licensure or
15 certification pursuant to this Act, to submit to a mental or
16 physical examination, or both, as required by and at the
17 expense of the Department. The examining physicians or clinical
18 psychologists shall be those specifically designated by the
19 Board. The Board or the Department may order the examining
20 physician or clinical psychologist to present testimony
21 concerning this mental or physical examination of the licensee
22 or applicant. No information shall be excluded by reason of any
23 common law or statutory privilege relating to communications
24 between the licensee or applicant and the examining physician
25 or clinical psychologist. Eye examinations may be provided by a
26 licensed and certified therapeutic optometrist. The individual
27 to be examined may have, at his or her own expense, another
28 physician of his or her choice present during all aspects of
29 the examination. Failure of any individual to submit to a
30 mental or physical examination, when directed, shall be grounds
31 for suspension of a license until such time as the individual
32 submits to the examination if the Board finds, after notice and
33 hearing, that the refusal to submit to the examination was
34 without reasonable cause.
35     If the Board finds an individual unable to practice because
36 of the reasons set forth in this Section, the Board shall

 

 

SB2469 Enrolled - 27 - LRB094 16641 RAS 51909 b

1 require such individual to submit to care, counseling, or
2 treatment by physicians or clinical psychologists approved or
3 designated by the Board, as a condition, term, or restriction
4 for continued, reinstated, or renewed licensure to practice, or
5 in lieu of care, counseling, or treatment, the Board may
6 recommend to the Department to file a complaint to immediately
7 suspend, revoke, or otherwise discipline the license of the
8 individual, or the Board may recommend to the Department to
9 file a complaint to suspend, revoke, or otherwise discipline
10 the license of the individual. Any individual whose license was
11 granted pursuant to this Act, or continued, reinstated,
12 renewed, disciplined, or supervised, subject to such
13 conditions, terms, or restrictions, who shall fail to comply
14 with such conditions, terms, or restrictions, shall be referred
15 to the Secretary Director for a determination as to whether the
16 individual shall have his or her license suspended immediately,
17 pending a hearing by the Board.
18     (b) The determination by a circuit court that a licensee is
19 subject to involuntary admission or judicial admission as
20 provided in the Mental Health and Developmental Disabilities
21 Code operates as an automatic suspension. The suspension will
22 end only upon a finding by a court that the patient is no
23 longer subject to involuntary admission or judicial admission
24 and issues an order so finding and discharging the patient; and
25 upon the recommendation of the Board to the Secretary Director
26 that the licensee be allowed to resume his or her practice.
27 (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 90-655,
28 eff. 7-30-98; revised 12-15-05.)
 
29     (225 ILCS 80/25)  (from Ch. 111, par. 3925)
30     (Section scheduled to be repealed on January 1, 2007)
31     Sec. 25. Returned checks; fines. Any person who delivers a
32 check or other payment to the Department that is returned to
33 the Department unpaid by the financial institution upon which
34 it is drawn shall pay to the Department, in addition to the
35 amount already owed to the Department, a fine of $50. The fines

 

 

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1 imposed by this Section are in addition to any other discipline
2 provided under this Act for unlicensed practice or practice on
3 a nonrenewed license. The Department shall notify the person
4 that payment of fees and fines shall be paid to the Department
5 by certified check or money order within 30 calendar days of
6 the notification. If, after the expiration of 30 days from the
7 date of the notification, the person has failed to submit the
8 necessary remittance, the Department shall automatically
9 terminate the license or certificate or deny the application,
10 without hearing. If, after termination or denial, the person
11 seeks a license or certificate, he or she shall apply to the
12 Department for restoration or issuance of the license or
13 certificate and pay all fees and fines due to the Department.
14 The Department may establish a fee for the processing of an
15 application for restoration of a license or certificate to pay
16 all expenses of processing this application. The Secretary
17 Director may waive the fines due under this Section in
18 individual cases where the Secretary Director finds that the
19 fines would be unreasonable or unnecessarily burdensome.
20 (Source: P.A. 92-146, eff. 1-1-02.)
 
21     (225 ILCS 80/26.1)  (from Ch. 111, par. 3926.1)
22     (Section scheduled to be repealed on January 1, 2007)
23     Sec. 26.1. Injunctions; criminal offenses; cease and
24 desist orders.
25     (a) If any person violates the provision of this Act, the
26 Secretary Director may, in the name of the People of the State
27 of Illinois, through the Attorney General of the State of
28 Illinois, or the State's Attorney of any county in which the
29 action is brought, petition for an order enjoining such
30 violation or for an order enforcing compliance with this Act.
31 Upon the filing of a verified petition in court, the court may
32 issue a temporary restraining order, without notice or bond,
33 and may preliminarily and permanently enjoin such violation,
34 and if it is established that such person has violated or is
35 violating the injunction, the Court may punish the offender for

 

 

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1 contempt of court. Proceedings under this Section shall be in
2 addition to, and not in lieu of, all other remedies and
3 penalties provided by this Act.
4     (b) If any person shall practice as an optometrist or hold
5 himself or herself out as an optometrist without being licensed
6 under the provisions of this Act then any licensed optometrist,
7 any interested party or any person injured thereby may, in
8 addition to the Secretary Director, petition for relief as
9 provided in subsection (a) of this Section.
10     Whoever knowingly practices or offers to practice
11 optometry in this State without being licensed for that purpose
12 shall be guilty of a Class A misdemeanor and for each
13 subsequent conviction, shall be guilty of a Class 4 felony.
14 Notwithstanding any other provision of this Act, all criminal
15 fines, monies, or other property collected or received by the
16 Department under this Section or any other State or federal
17 statute, including, but not limited to, property forfeited to
18 the Department under Section 505 of the Illinois Controlled
19 Substances Act or Section 85 of the Methamphetamine Control and
20 Community Protection Act, shall be deposited into the
21 Optometric Licensing and Disciplinary Board Fund Professional
22 Regulation Evidence Fund.
23     (c) Whenever in the opinion of the Department any person
24 violates any provision of this Act, the Department may issue a
25 rule to show cause why an order to cease and desist should not
26 be entered against him. The rule shall clearly set forth the
27 grounds relied upon by the Department and shall provide a
28 period of 7 days from the date of the rule to file an answer to
29 the satisfaction of the Department. Failure to answer to the
30 satisfaction of the Department shall cause an order to cease
31 and desist to be issued forthwith.
32 (Source: P.A. 94-556, eff. 9-11-05.)
 
33     (225 ILCS 80/26.2)  (from Ch. 111, par. 3926.2)
34     (Section scheduled to be repealed on January 1, 2007)
35     Sec. 26.2. Investigation; notice. The Department may

 

 

SB2469 Enrolled - 30 - LRB094 16641 RAS 51909 b

1 investigate the actions of any applicant or of any person or
2 persons holding or claiming to hold a license. The Department
3 shall, before suspending, revoking, placing on probationary
4 status, or taking any other disciplinary action as the
5 Department may deem proper with regard to any license or
6 certificate, at least 30 days prior to the date set for the
7 hearing, notify the accused in writing of any charges made and
8 the time and place for a hearing of the charges before the
9 Board, direct him or her to file his or her written answer to
10 the Board under oath within 20 days after the service on him or
11 her of the notice and inform him or her that if he or she fails
12 to file an answer default will be taken against him or her and
13 his or her license or certificate may be suspended, revoked,
14 placed on probationary status, or have other disciplinary
15 action, including limiting the scope, nature or extent of his
16 or her practice, as the Department may deem proper taken with
17 regard thereto. Such written notice may be served by personal
18 delivery or certified delivery or certified or registered mail
19 to the Department. In case the person fails to file an answer
20 after receiving notice, his or her license or certificate may,
21 in the discretion of the Department, be suspended, revoked, or
22 placed on probationary status, or the Department may take
23 whatever disciplinary action deemed proper, including limiting
24 the scope, nature, or extent of the person's practice or the
25 imposition of a fine, without a hearing, if the act or acts
26 charged constitute sufficient grounds for such action under
27 this Act. At the time and place fixed in the notice, the
28 Department shall proceed to hear the charges and the parties or
29 their counsel shall be accorded ample opportunity to present
30 such statements, testimony, evidence and argument as may be
31 pertinent to the charges or to their defense. The Department
32 may continue the hearing from time to time. At the discretion
33 of the Secretary Director after having first received the
34 recommendation of the Board, the accused person's license may
35 be suspended, revoked, placed on probationary status, or
36 whatever disciplinary action as the Secretary Director may deem

 

 

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1 proper, including limiting the scope, nature, or extent of said
2 person's practice, without a hearing, if the act or acts
3 charged constitute sufficient grounds for such action under
4 this Act.
5 (Source: P.A. 89-702, eff. 7-1-97.)
 
6     (225 ILCS 80/26.5)  (from Ch. 111, par. 3926.5)
7     (Section scheduled to be repealed on January 1, 2007)
8     Sec. 26.5. Subpoena; oaths. The Department shall have power
9 to subpoena and bring before it any person in this State and to
10 take testimony either orally or by deposition or both, with the
11 same fees and mileage and in the same manner as prescribed by
12 law in judicial proceedings in civil cases in circuit courts of
13 this State.
14     The Secretary Director, the hearing officer and any member
15 of the Board designated by the Secretary Director shall each
16 have power to administer oaths to witnesses at any hearing
17 which the Department is authorized to conduct under this Act,
18 and any other oaths required or authorized to be administered
19 by the Department hereunder.
20 (Source: P.A. 89-702, eff. 7-1-97.)
 
21     (225 ILCS 80/26.6)  (from Ch. 111, par. 3926.6)
22     (Section scheduled to be repealed on January 1, 2007)
23     Sec. 26.6. Findings of fact, conclusions of law, and
24 recommendations. At the conclusion of the hearing the Board
25 shall present to the Secretary Director a written report of its
26 findings of fact, conclusions of law and recommendations. The
27 report shall contain a finding whether or not the accused
28 person violated this Act or failed to comply with the
29 conditions required in this Act. The Board shall specify the
30 nature of the violation or failure to comply, and shall make
31 its recommendations to the Secretary Director.
32     The report of findings of fact, conclusions of law and
33 recommendations of the Board shall be the basis for the
34 Department's order. If the Secretary Director disagrees in any

 

 

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1 regard with the report of the Board, the Secretary Director may
2 issue an order in contravention thereof. The Secretary Director
3 shall provide within 60 days of taking such action a written
4 report to the Board on any such deviation, and shall specify
5 with particularity the reasons for said action in the final
6 order. The finding is not admissible in evidence against the
7 person in a criminal prosecution brought for the violation of
8 this Act, but the hearing and findings are not a bar to a
9 criminal prosecution brought for the violation of this Act.
10 (Source: P.A. 89-702, eff. 7-1-97.)
 
11     (225 ILCS 80/26.7)  (from Ch. 111, par. 3926.7)
12     (Section scheduled to be repealed on January 1, 2007)
13     Sec. 26.7. Hearing officer. Notwithstanding the provisions
14 of Section 26.6 of this Act, the Secretary Director shall have
15 the authority to appoint any attorney duly licensed to practice
16 law in the State of Illinois to serve as the hearing officer in
17 any action for discipline of a license. The Secretary Director
18 shall notify the Board of any such appointment. The hearing
19 officer shall have full authority to conduct the hearing. The
20 Board shall have the right to have at least one member present
21 at any hearing conducted by such hearing officer. The hearing
22 officer shall report his or her findings of fact, conclusions
23 of law and recommendations to the Board and the Secretary
24 Director. The Board shall have 60 days from receipt of the
25 report to review the report of the hearing officer and present
26 its findings of fact, conclusions of law and recommendations to
27 the Secretary Director. If the Board fails to present its
28 report within the 60 day period, the Secretary Director shall
29 issue an order based on the report of the hearing officer. If
30 the Secretary Director disagrees in any regard with the report
31 of the Board or hearing officer, he or she may issue an order
32 in contravention thereof. The Secretary Director shall provide
33 a written explanation to the Board on any such deviation, and
34 shall specify with particularity the reasons for such action in
35 the final order.

 

 

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1 (Source: P.A. 89-702, eff. 7-1-97.)
 
2     (225 ILCS 80/26.8)  (from Ch. 111, par. 3926.8)
3     (Section scheduled to be repealed on January 1, 2007)
4     Sec. 26.8. Service of report; rehearing; order. In any case
5 involving the discipline of a license, a copy of the Board's
6 report shall be served upon the respondent by the Department,
7 either personally or as provided in this Act for the service of
8 the notice of hearing. Within 20 days after such service, the
9 respondent may present to the Department a motion in writing
10 for a rehearing, which motion shall specify the particular
11 grounds therefor. If no motion for rehearing is filed, then
12 upon the expiration of the time specified for filing such a
13 motion, or if a motion for rehearing is denied, then upon such
14 denial the Secretary Director may enter an order in accordance
15 with this Act. If the respondent shall order from the reporting
16 service, and pay for a transcript of the record within the time
17 for filing a motion for rehearing, the 20 day period within
18 which such a motion may be filed shall commence upon the
19 delivery of the transcript to the respondent.
20 (Source: P.A. 89-702, eff. 7-1-97.)
 
21     (225 ILCS 80/26.9)  (from Ch. 111, par. 3926.9)
22     (Section scheduled to be repealed on January 1, 2007)
23     Sec. 26.9. Substantial justice; rehearing. Whenever the
24 Secretary Director is satisfied that substantial justice has
25 not been done in the revocation, suspension or refusal to issue
26 or renew a license, the Secretary Director may order a
27 rehearing by the same or another hearing officer or by the
28 Board.
29 (Source: P.A. 89-702, eff. 7-1-97.)
 
30     (225 ILCS 80/26.10)  (from Ch. 111, par. 3926.10)
31     (Section scheduled to be repealed on January 1, 2007)
32     Sec. 26.10. Order or certified copy as prima facie proof.
33 An order or a certified copy thereof, over the seal of the

 

 

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1 Department and purporting to be signed by the Secretary
2 Director, shall be prima facie proof that:
3         (a) the signature is the genuine signature of the
4     Secretary Director;
5         (b) the Secretary Director is duly appointed and
6     qualified; and
7         (c) the Board and the members thereof are qualified to
8     act.
9 (Source: P.A. 91-357, eff. 7-29-99.)
 
10     (225 ILCS 80/26.11)  (from Ch. 111, par. 3926.11)
11     (Section scheduled to be repealed on January 1, 2007)
12     Sec. 26.11. At any time after the suspension or revocation
13 of any license or certificate the Department may restore it to
14 the accused person, unless after an investigation and a
15 hearing, the Department determines that restoration is not in
16 the public interest.
17 (Source: P.A. 85-896.)
 
18     (225 ILCS 80/26.12)  (from Ch. 111, par. 3926.12)
19     (Section scheduled to be repealed on January 1, 2007)
20     Sec. 26.12. Upon the revocation or suspension of any
21 license or certificate, the licensee or certificate holder
22 shall forthwith surrender the license to the Department and if
23 the licensee fails to do so, the Department shall have the
24 right to seize the license or certificate.
25 (Source: P.A. 85-896.)
 
26     (225 ILCS 80/26.13)  (from Ch. 111, par. 3926.13)
27     (Section scheduled to be repealed on January 1, 2007)
28     Sec. 26.13. Temporary suspension. The Secretary Director
29 may temporarily suspend the license or certificate of an
30 optometrist without a hearing, simultaneously with the
31 institution of proceedings for a hearing provided for in
32 Section 26.2 of this Act, if the Secretary Director finds that
33 evidence in his or her possession indicates that continuation

 

 

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1 in practice would constitute an imminent danger to the public.
2 In the event that the Secretary Director suspends, temporarily,
3 this license or certificate without a hearing, a hearing by the
4 Department must be held within 30 days after such suspension
5 has occurred, and be concluded without appreciable delay.
6 (Source: P.A. 89-702, eff. 7-1-97.)
 
7     (225 ILCS 80/28)  (from Ch. 111, par. 3928)
8     (Section scheduled to be repealed on January 1, 2007)
9     Sec. 28. It is declared to be the public policy of this
10 State, pursuant to paragraphs (h) and (i) of Section 6 of
11 Article VII of the Illinois Constitution of 1970, that any
12 power or function set forth in this Act to be exercised by the
13 State is an exclusive State power or function. Such power or
14 function shall not be exercised concurrently, either directly
15 director or indirectly, by any unit of local government,
16 including home rule units, except as otherwise provided in this
17 Act.
18 (Source: P.A. 85-896.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.