SB2218 EnrolledLRB098 07840 MGM 37923 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Optometric Practice Act of 1987 is
5amended by changing Sections 3 and 9 as follows:
 
6    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 3. Practice of optometry defined; referrals;
9manufacture of lenses and prisms.
10    (a) The practice of optometry is defined as the employment
11of any and all means for the examination, diagnosis, and
12treatment of the human visual system, the human eye, and its
13appendages without the use of surgery, including but not
14limited to: the appropriate use of ocular pharmaceutical
15agents; refraction and other determinants of visual function;
16prescribing corrective lenses or prisms; prescribing,
17dispensing, or management of contact lenses; vision therapy;
18visual rehabilitation; or any other procedures taught in
19schools and colleges of optometry approved by the Department,
20and not specifically restricted in this Act, subject to
21demonstrated competency and training as required by the Board,
22and pursuant to rule or regulation approved by the Board and
23adopted by the Department.

 

 

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1    A person shall be deemed to be practicing optometry within
2the meaning of this Act who:
3        (1) In any way presents himself or herself to be
4    qualified to practice optometry.
5        (2) Performs refractions or employs any other
6    determinants of visual function.
7        (3) Employs any means for the adaptation of lenses or
8    prisms.
9        (4) Prescribes corrective lenses, prisms, vision
10    therapy, visual rehabilitation, or ocular pharmaceutical
11    agents.
12        (5) Prescribes or manages contact lenses for
13    refractive, cosmetic, or therapeutic purposes.
14        (6) Evaluates the need for, or prescribes, low vision
15    aids to partially sighted persons.
16        (7) Diagnoses or treats any ocular abnormality,
17    disease, or visual or muscular anomaly of the human eye or
18    visual system.
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.
24    Nothing in this Section shall be interpreted (i) to prevent
25a person from functioning as an assistant under the direct
26supervision of a person licensed by the State of Illinois to

 

 

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1practice optometry or medicine in all of its branches or (ii)
2to prohibit visual screening programs that are conducted
3without a fee (other than voluntary donations), by charitable
4organizations acting in the public welfare under the
5supervision of a committee composed of persons licensed by the
6State of Illinois to practice optometry or persons licensed by
7the State of Illinois to practice medicine in all of its
8branches.
9    (b) When, in the course of providing optometric services to
10any person, an optometrist licensed under this Act finds an
11indication of a disease or condition of the eye which in his or
12her professional judgment requires professional service
13outside the scope of practice as defined in this Act, he or she
14shall refer such person to a physician licensed to practice
15medicine in all of its branches, or other appropriate health
16care practitioner. Nothing in this Act shall preclude an
17optometrist from rendering appropriate nonsurgical emergency
18care.
19    (c) Nothing contained in this Section shall prohibit a
20person from manufacturing ophthalmic lenses and prisms or the
21fabrication of contact lenses according to the specifications
22prescribed by an optometrist or a physician licensed to
23practice medicine in all of its branches, but shall
24specifically prohibit (1) the sale or delivery of ophthalmic
25lenses, prisms, and contact lenses without a prescription
26signed by an optometrist or a physician licensed to practice

 

 

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1medicine in all of its branches and (2) the dispensing of
2contact lenses by anyone other than a licensed optometrist,
3licensed pharmacist, or a physician licensed to practice
4medicine in all of its branches. For the purposes of this Act,
5"contact lenses" include, but are not limited to, contact
6lenses with prescriptive power and decorative and plano power
7contact lenses. Nothing in this Section shall prohibit the sale
8of contact lenses by an optical firm or corporation primarily
9engaged in manufacturing or dealing in eyeglasses or contact
10lenses with an affiliated optometrist who practices and is
11licensed or has an ancillary registration for the location
12where the sale occurs.
13    (d) Nothing in this Act shall restrict the filling of a
14prescription by a pharmacist licensed under the Pharmacy
15Practice Act.
16    (e) Nothing in this Act shall be construed to restrict the
17dispensing and sale by an optometrist of ocular devices, such
18as contact lenses, that contain and deliver ocular
19pharmaceutical agents permitted for use or prescription under
20this Act.
21(Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
 
22    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 9. Definitions. In this Act:
25        (1) "Department" means the Department of Financial and

 

 

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1    Professional Regulation.
2        (2) "Secretary" means the Secretary of Financial and
3    Professional Regulation.
4        (3) "Board" means the Illinois Optometric Licensing
5    and Disciplinary Board appointed by the Secretary.
6        (4) "License" means the document issued by the
7    Department authorizing the person named thereon to
8    practice optometry.
9        (5) (Blank).
10        (6) "Direct supervision" means supervision of any
11    person assisting an optometrist, requiring that the
12    optometrist authorize the procedure, remain in the
13    facility while the procedure is performed, approve the work
14    performed by the person assisting before dismissal of the
15    patient, but does not mean that the optometrist must be
16    present with the patient, during the procedure. For the
17    dispensing of contact lenses, "direct supervision" means
18    that the optometrist is responsible for training the person
19    assisting the optometrist in the dispensing or sale of
20    contact lenses, but does not mean that the optometrist must
21    be present in the facility where he or she practices under
22    a license or ancillary registration at the time the
23    contacts are dispensed or sold.
24(Source: P.A. 94-787, eff. 5-19-06.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.