Illinois General Assembly - Full Text of SB2899
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Full Text of SB2899  99th General Assembly

SB2899eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2899 EngrossedLRB099 20425 SMS 44922 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 Regulatory Sunset Act is amended by changing
5Section 4.27 and adding Section 4.37 as follows:
 
6    (5 ILCS 80/4.27)
7    Sec. 4.27. Acts repealed on January 1, 2017. The following
8are repealed on January 1, 2017:
9    The Illinois Optometric Practice Act of 1987.
10    The Clinical Psychologist Licensing Act.
11    The Boiler and Pressure Vessel Repairer Regulation Act.
12    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
13XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
14(Source: P.A. 99-78, eff. 7-20-15.)
 
15    (5 ILCS 80/4.37 new)
16    Sec. 4.37. Act repealed on January 1, 2027. The following
17Act is repealed on January 1, 2027:
18    The Optometric Practice Act of 1984.
 
19    Section 10. The Illinois Optometric Practice Act of 1987 is
20amended by changing the title of the Act and Sections 3, 9, 10,
2111, 14, 15.1, 18, 20, 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15,

 

 

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1and 27 and by adding Sections 9.5 and 30 as follows:
 
2    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
3    (Section scheduled to be repealed on January 1, 2017)
4    Sec. 3. Practice of optometry defined; referrals;
5manufacture of lenses and prisms.
6    (a) The practice of optometry is defined as the employment
7of any and all means for the examination, diagnosis, and
8treatment of the human visual system, the human eye, and its
9appendages without the use of surgery, including, but not
10limited to: the appropriate use of ocular pharmaceutical
11agents; refraction and other determinants of visual function;
12prescribing corrective lenses or prisms; prescribing,
13dispensing, or management of contact lenses; vision therapy;
14visual rehabilitation; or any other procedures taught in
15schools and colleges of optometry approved by the Department,
16and not specifically restricted in this Act, subject to
17demonstrated competency and training as required by the Board,
18and pursuant to rule or regulation approved by the Board and
19adopted by the Department.
20    A person shall be deemed to be practicing optometry within
21the meaning of this Act who:
22        (1) In any way presents himself or herself to be
23    qualified to practice optometry.
24        (2) Performs refractions or employs any other
25    determinants of visual function.

 

 

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1        (3) Employs any means for the adaptation of lenses or
2    prisms.
3        (4) Prescribes corrective lenses, prisms, vision
4    therapy, visual rehabilitation, or ocular pharmaceutical
5    agents.
6        (5) Prescribes or manages contact lenses for
7    refractive, cosmetic, or therapeutic purposes.
8        (6) Evaluates the need for, or prescribes, low vision
9    aids to partially sighted persons.
10        (7) Diagnoses or treats any ocular abnormality,
11    disease, or visual or muscular anomaly of the human eye or
12    visual system.
13        (8) Practices, or offers or attempts to practice,
14    optometry as defined in this Act either on his or her own
15    behalf or as an employee of a person, firm, or corporation,
16    whether under the supervision of his or her employer or
17    not.
18    Nothing in this Section shall be interpreted (A) (i) to
19prevent a person from functioning as an assistant under the
20direct supervision of a person licensed by the State of
21Illinois to practice optometry or medicine in all of its
22branches or (B) (ii) to prohibit visual screening programs that
23are conducted without a fee (other than voluntary donations),
24by charitable organizations acting in the public welfare under
25the supervision of a committee composed of persons licensed by
26the State of Illinois to practice optometry or persons licensed

 

 

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1by the State of Illinois to practice medicine in all of its
2branches.
3    (b) When, in the course of providing optometric services to
4any person, an optometrist licensed under this Act finds an
5indication of a disease or condition of the eye which in his or
6her professional judgment requires professional service
7outside the scope of practice as defined in this Act, he or she
8shall refer such person to a physician licensed to practice
9medicine in all of its branches, or other appropriate health
10care practitioner. Nothing in this Act shall preclude an
11optometrist from rendering appropriate nonsurgical emergency
12care.
13    (c) Nothing contained in this Section shall prohibit a
14person from manufacturing ophthalmic lenses and prisms or the
15fabrication of contact lenses according to the specifications
16prescribed by an optometrist or a physician licensed to
17practice medicine in all of its branches, but shall
18specifically prohibit (1) the sale or delivery of ophthalmic
19lenses, prisms, and contact lenses without a prescription
20signed by an optometrist or a physician licensed to practice
21medicine in all of its branches and (2) the dispensing of
22contact lenses by anyone other than a licensed optometrist,
23licensed pharmacist, or a physician licensed to practice
24medicine in all of its branches. For the purposes of this Act,
25"contact lenses" include, but are not limited to, contact
26lenses with prescriptive power and decorative and plano power

 

 

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1contact lenses. Nothing in this Section shall prohibit the sale
2of contact lenses by an optical firm or corporation primarily
3engaged in manufacturing or dealing in eyeglasses or contact
4lenses with an affiliated optometrist who practices and is
5licensed or has an ancillary registration for the location
6where the sale occurs.
7    (d) Nothing in this Act shall restrict the filling of a
8prescription by a pharmacist licensed under the Pharmacy
9Practice Act.
10    (e) Nothing in this Act shall be construed to restrict the
11dispensing and sale by an optometrist of ocular devices, such
12as contact lenses, that contain and deliver ocular
13pharmaceutical agents permitted for use or prescription under
14this Act.
15    (f) Nothing in this Act shall prohibit an optometrist from:
16(1) the probing, dilation, and irrigation of the lacrimal ducts
17or insertion and removal of lacrimal plugs; (2) removal of a
18superficial foreign body; (3) suture removal; (4) removal of
19eyelashes; (5) removal, destruction, or drainage of
20superficial lesions and conjunctival cysts, including
21chalazion; (6) corneal debridement, culture, scrape, or
22anterior puncture, not including removal of pterygium, corneal
23biopsy, or corneal neoplasias; and (7) corneal shaping with
24external devices, such as contact lenses.
25    Removal, destruction, or drainage of superficial lesions
26and conjunctival cysts and corneal debridement, culture,

 

 

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1scrape, or anterior puncture are only permitted by an
2optometrist who meets the educational requirements established
3by the Department in rule, which shall include both clinical
4training and didactic education.
5(Source: P.A. 98-186, eff. 8-5-13.)
 
6    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 9. Definitions. In this Act:
9        (1) "Department" means the Department of Financial and
10    Professional Regulation.
11        (2) "Secretary" means the Secretary of Financial and
12    Professional Regulation.
13        (3) "Board" means the Illinois Optometric Licensing
14    and Disciplinary Board appointed by the Secretary.
15        (4) "License" means the document issued by the
16    Department authorizing the person named thereon to
17    practice optometry.
18        (5) (Blank).
19        (6) "Direct supervision" means supervision of any
20    person assisting an optometrist, requiring that the
21    optometrist authorize the procedure, remain in the
22    facility while the procedure is performed, approve the work
23    performed by the person assisting before dismissal of the
24    patient, but does not mean that the optometrist must be
25    present with the patient, during the procedure. For the

 

 

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1    dispensing of contact lenses, "direct supervision" means
2    that the optometrist is responsible for training the person
3    assisting the optometrist in the dispensing or sale of
4    contact lenses, but does not mean that the optometrist must
5    be present in the facility where he or she practices under
6    a license or ancillary registration at the time the
7    contacts are dispensed or sold.
8        (7) "Address of record" means the designated address
9    recorded by the Department in the applicant's application
10    file or the licensee's license file maintained by the
11    Department's licensure maintenance unit.
12(Source: P.A. 98-186, eff. 8-5-13.)
 
13    (225 ILCS 80/9.5 new)
14    Sec. 9.5. Change of address. It is the duty of the
15applicant or licensee to inform the Department of any change of
16address within 14 days after such change either through the
17Department's website or by contacting the Department's
18licensure maintenance unit.
 
19    (225 ILCS 80/10)  (from Ch. 111, par. 3910)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 10. Powers and duties of Department; rules; report.
22The Department shall exercise the powers and duties prescribed
23by the Civil Administrative Code of Illinois for the
24administration of Licensing Acts and shall exercise such other

 

 

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1powers and duties necessary for effectuating the purpose of
2this Act.
3    The Secretary shall promulgate Rules consistent with the
4provisions of this Act, for the administration and enforcement
5thereof and may prescribe forms that shall be issued in
6connection therewith. The rules shall include standards and
7criteria for licensure and certification, and professional
8conduct and discipline.
9    The Department shall consult with the Board in promulgating
10rules. Notice of proposed rulemaking shall be transmitted to
11the Board and the Department shall review the Board's responses
12and any recommendations made therein. The Department shall
13notify the Board in writing with explanations of deviations
14from the Board's recommendations and responses. The Department
15may solicit the advice of the Board on any matter relating to
16the administration and enforcement of this Act.
17(Source: P.A. 94-787, eff. 5-19-06.)
 
18    (225 ILCS 80/11)  (from Ch. 111, par. 3911)
19    (Section scheduled to be repealed on January 1, 2017)
20    Sec. 11. Optometric Licensing and Disciplinary Board. The
21Secretary shall appoint an Illinois Optometric Licensing and
22Disciplinary Board as follows: Seven persons who shall be
23appointed by and shall serve in an advisory capacity to the
24Secretary. Five members must be lawfully and actively engaged
25in the practice of optometry in this State, one member shall be

 

 

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1a licensed optometrist, with a full-time faculty appointment
2with the Illinois College of Optometry, and one member must be
3a member of the public who shall be a voting member and is not
4licensed under this Act, or a similar Act of another
5jurisdiction, or have any connection with the profession.
6Neither the public member nor the faculty member shall
7participate in the preparation or administration of the
8examination of applicants for licensure.
9    Members shall serve 4-year terms and until their successors
10are appointed and qualified. No member shall be appointed to
11the Board for more than 2 successive 4-year terms, not counting
12any partial terms when appointed to fill the unexpired portion
13of a vacated term. Appointments to fill vacancies shall be made
14in the same manner as original appointments, for the unexpired
15portion of the vacated term.
16    The Board shall annually elect a chairperson and a
17vice-chairperson, both of whom shall be licensed optometrists.
18    The membership of the Board should reasonably reflect
19representation from the geographic areas in this State.
20    A majority of the Board members currently appointed shall
21constitute a quorum. A vacancy in the membership of the Board
22shall not impair the right of a quorum to perform all of the
23duties of the Board.
24    The Secretary may terminate the appointment of any member
25for cause.
26    The members of the Board shall be reimbursed for all

 

 

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1authorized legitimate and necessary expenses incurred in
2attending the meetings of the Board.
3    Members of the Board shall have no liability in any action
4based upon any disciplinary proceeding or other activity
5performed in good faith as a member of the Board.
6    The Secretary shall give due consideration to all
7recommendations of the Board, and in the event that the
8Secretary disagrees with or takes action contrary to the
9recommendation of the Board, he or she shall provide the Board
10with a written and specific explanation of this action. None of
11the functions, powers or duties of the Department with respect
12to policy matters relating to licensure, discipline, and
13examination, including the promulgation of such rules as may be
14necessary for the administration of this Act, shall be
15exercised by the Department except upon review of the Board.
16    Without, in any manner, limiting the power of the
17Department to conduct investigations, the Board may recommend
18to the Secretary that one or more licensed optometrists be
19selected by the Secretary to conduct or assist in any
20investigation pursuant to this Act. Such licensed optometrist
21may receive remuneration as determined by the Secretary.
22(Source: P.A. 96-270, eff. 1-1-10.)
 
23    (225 ILCS 80/14)  (from Ch. 111, par. 3914)
24    (Section scheduled to be repealed on January 1, 2017)
25    Sec. 14. A person shall be qualified for initial licensure

 

 

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1as an optometrist if that person has applied in writing in form
2and substance satisfactory to the Department and who:
3    (1) (blank) has not been convicted of any of the provisions
4of Section 24 of this Act which would be grounds for discipline
5under this Act;
6    (2) has graduated, after January 1, 1994, from a program of
7optometry education approved by the Department or has
8graduated, prior to January 1, 1994, and has met substantially
9equivalent criteria established by the Department;
10    (3) (blank); and
11    (4) has met all examination requirements including the
12passage of a nationally recognized examination authorized by
13the Department. Each applicant shall be tested on theoretical
14knowledge and clinical practice skills.
15(Source: P.A. 94-787, eff. 5-19-06.)
 
16    (225 ILCS 80/15.1)
17    (Section scheduled to be repealed on January 1, 2017)
18    Sec. 15.1. Diagnostic and therapeutic authority.
19    (a) For purposes of the Act, "ocular pharmaceutical agents"
20means topical anesthetics, topical mydriatics, topical
21cycloplegics, topical miotics and mydriatic reversing agents,
22anti-infective agents, anti-allergy agents, anti-glaucoma
23agents (except oral carbonic anhydrase inhibitors, which may be
24prescribed only in a quantity sufficient to provide treatment
25for up to 72 hours), anti-inflammatory agents (except oral

 

 

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1steroids), over-the-counter agents, analgesic agents, anti-dry
2eye agents, and agents for the treatment of hypotrichosis.
3    (a-3) In addition to ocular pharmaceutical agents that fall
4within the categories set forth in subsection (a) of this
5Section, the Board may add a pharmaceutical agent approved by
6the FDA or class of agents for the purpose of the diagnosis or
7treatment of conditions of the eye and adnexa after
8consideration of the agent's systemic effects, side effects,
9and the use of the agent within the practice of optometry. The
10Board shall consider requests for additional agents and make
11recommendations within 90 days after the receipt of the
12request.
13    Within 45 days after the Board's recommendation to the
14Department of a pharmaceutical agent or class of agents, the
15Department shall promulgate rules necessary to allow for the
16prescribing or administering of the pharmaceutical agent or
17class of agents under this Act.
18    (a-5) Ocular pharmaceutical agents may be administered by
19subcutaneous, subconjunctival, and intramuscular injections by
20an optometrist who meets the educational requirements
21established by the Department by rule, which shall include both
22clinical training and didactic education. Retrobulbar,
23intraocular, and botulinum injections are not permitted.
24Intramuscular injections may be administered by injection may
25be used only for the treatment of anaphylaxis.
26    (a-10) Oral pharmaceutical agents may be prescribed for a

 

 

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1child under 5 years of age only in consultation with a
2physician licensed to practice medicine in all its branches.
3    (a-15) The authority to prescribe a Schedule III, IV, or V
4controlled substance shall include analgesic agents only in a
5quantity sufficient to provide treatment for up to 72 hours.
6The prescription of a Schedule II controlled substance is
7prohibited, except for Dihydrocodeinone (Hydrocodone) with one
8or more active, non-narcotic ingredients only in a quantity
9sufficient to provide treatment for up to 72 hours, and only if
10such formulations of Dihydrocodeinone are reclassified as
11Schedule II by federal regulation.
12    (b) A licensed optometrist may remove superficial foreign
13bodies from the human eye and adnexa and may give orders for
14patient care to a nurse or other health care provider licensed
15to practice under Illinois law.
16    (c) An optometrist's license shall be revoked or suspended
17by the Department upon recommendation of the Board based upon
18either of the following causes:
19        (1) grave or repeated misuse of any ocular
20    pharmaceutical agent; and
21        (2) the use of any agent or procedure in the course of
22    optometric practice by an optometrist not properly
23    authorized under this Act.
24    (d) The Secretary of Financial and Professional Regulation
25shall notify the Director of Public Health as to the categories
26of ocular pharmaceutical agents permitted for use by an

 

 

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1optometrist. The Director of Public Health shall in turn notify
2every licensed pharmacist in the State of the categories of
3ocular pharmaceutical agents that can be utilized and
4prescribed by an optometrist.
5(Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
 
6    (225 ILCS 80/18)  (from Ch. 111, par. 3918)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 18. Endorsement. The Department may, in its
9discretion, license as an optometrist, without examination on
10payment of the required fee, an applicant who is so licensed
11under the laws of another state or U.S. jurisdiction of the
12United States. The Department may issue a license, upon payment
13of the required fee and recommendation of the Board, to an
14individual applicant who is licensed in any foreign country or
15province whose standards, in the opinion of the Board or
16Department, if the requirements for licensure in the
17jurisdiction in which the applicant was licensed, were, at the
18date of his or her licensure, substantially equivalent to the
19requirements then in force in this State; or if the applicant
20possesses individual qualifications and skills which
21demonstrate substantial equivalence to current Illinois
22requirements.
23    Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed in 3 years, the application shall be denied, the fee

 

 

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1forfeited and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 89-702, eff. 7-1-97.)
 
4    (225 ILCS 80/20)  (from Ch. 111, par. 3920)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 20. Fund. All moneys received by the Department
7pursuant to this Act shall be deposited in the Optometric
8Licensing and Disciplinary Board Fund, which is hereby created
9as a special fund in the State Treasury, and shall be used for
10the administration of this Act, including: (a) by the Board and
11Department in the exercise of its powers and performance of its
12duties, as such use is made by the Department with full
13consideration of all recommendations of the Board; (b) for
14costs directly related to license renewal of persons licensed
15under this Act; and (c) for direct and allocable indirect costs
16related to the public purposes of the Department of Financial
17and Professional Regulation. Subject to appropriation, moneys
18in the Optometric Licensing and Disciplinary Board Fund may be
19used for the Optometric Education Scholarship Program
20administered by the Illinois Student Assistance Commission
21pursuant to Section 65.70 of the Higher Education Student
22Assistance Act.
23    Moneys in the Fund may be transferred to the Professions
24Indirect Cost Fund as authorized under Section 2105-300 of the
25Department of Professional Regulation Law (20 ILCS

 

 

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12105/2105-300).
2    Money in the Optometric Licensing and Disciplinary Board
3Fund may be invested and reinvested, with all earnings received
4from such investment to be deposited in the Optometric
5Licensing and Disciplinary Board Fund and used for the same
6purposes as fees deposited in such fund.
7(Source: P.A. 94-787, eff. 5-19-06.)
 
8    (225 ILCS 80/21)  (from Ch. 111, par. 3921)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 21. The Department shall maintain a roster of the
11names and addresses of all licensees and of all persons whose
12licenses have been suspended or revoked. This roster shall be
13available upon written request and payment of the required fee.
14(Source: P.A. 94-787, eff. 5-19-06.)
 
15    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 24. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including fines not to exceed $10,000 for
22each violation, with regard to any license for any one or
23combination of the causes set forth in subsection (a-3) of this
24Section. All fines collected under this Section shall be

 

 

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1deposited in the Optometric Licensing and Disciplinary Board
2Fund. Any fine imposed shall be payable within 60 days after
3the effective date of the order imposing the fine.
4    (a-3) Grounds for disciplinary action include the
5following:
6        (1) Violations of this Act, or of the rules promulgated
7    hereunder.
8        (2) Conviction of or entry of a plea of guilty to any
9    crime under the laws of any U.S. jurisdiction thereof that
10    is a felony or that is a misdemeanor of which an essential
11    element is dishonesty, or any crime that is directly
12    related to the practice of the profession.
13        (3) Making any misrepresentation for the purpose of
14    obtaining a license.
15        (4) Professional incompetence or gross negligence in
16    the practice of optometry.
17        (5) Gross malpractice, prima facie evidence of which
18    may be a conviction or judgment of malpractice in any court
19    of competent jurisdiction.
20        (6) Aiding or assisting another person in violating any
21    provision of this Act or rules.
22        (7) Failing, within 60 days, to provide information in
23    response to a written request made by the Department that
24    has been sent by certified or registered mail to the
25    licensee's last known address.
26        (8) Engaging in dishonorable, unethical, or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public.
3        (9) Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants or any other chemical agent or drug
5    that results in the inability to practice with reasonable
6    judgment, skill, or safety.
7        (10) Discipline by another U.S. jurisdiction or
8    foreign nation, if at least one of the grounds for the
9    discipline is the same or substantially equivalent to those
10    set forth herein.
11        (11) Violation of the prohibition against fee
12    splitting in Section 24.2 of this Act.
13        (12) A finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status has violated the terms of probation.
16        (13) Abandonment of a patient.
17        (14) Willfully making or filing false records or
18    reports in his or her practice, including but not limited
19    to false records filed with State agencies or departments.
20        (15) Willfully failing to report an instance of
21    suspected abuse or neglect as required by law.
22        (16) Physical illness, including but not limited to,
23    deterioration through the aging process, or loss of motor
24    skill, mental illness, or disability that results in the
25    inability to practice the profession with reasonable
26    judgment, skill, or safety.

 

 

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1        (17) Solicitation of professional services other than
2    permitted advertising.
3        (18) Failure to provide a patient with a copy of his or
4    her record or prescription in accordance with federal law.
5        (19) Conviction by any court of competent
6    jurisdiction, either within or without this State, of any
7    violation of any law governing the practice of optometry,
8    conviction in this or another State of any crime that is a
9    felony under the laws of this State or conviction of a
10    felony in a federal court, if the Department determines,
11    after investigation, that such person has not been
12    sufficiently rehabilitated to warrant the public trust.
13        (20) A finding that licensure has been applied for or
14    obtained by fraudulent means.
15        (21) Continued practice by a person knowingly having an
16    infectious or contagious disease.
17        (22) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or a
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (23) Practicing or attempting to practice under a name
25    other than the full name as shown on his or her license.
26        (24) Immoral conduct in the commission of any act, such

 

 

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1    as sexual abuse, sexual misconduct or sexual exploitation,
2    related to the licensee's practice.
3        (25) Maintaining a professional relationship with any
4    person, firm, or corporation when the optometrist knows, or
5    should know, that such person, firm, or corporation is
6    violating this Act.
7        (26) Promotion of the sale of drugs, devices,
8    appliances or goods provided for a client or patient in
9    such manner as to exploit the patient or client for
10    financial gain of the licensee.
11        (27) Using the title "Doctor" or its abbreviation
12    without further qualifying that title or abbreviation with
13    the word "optometry" or "optometrist".
14        (28) Use by a licensed optometrist of the word
15    "infirmary", "hospital", "school", "university", in
16    English or any other language, in connection with the place
17    where optometry may be practiced or demonstrated unless the
18    licensee is employed by and practicing at a location that
19    is licensed as a hospital or accredited as a school or
20    university.
21        (29) Continuance of an optometrist in the employ of any
22    person, firm or corporation, or as an assistant to any
23    optometrist or optometrists, directly or indirectly, after
24    his or her employer or superior has been found guilty of
25    violating or has been enjoined from violating the laws of
26    the State of Illinois relating to the practice of

 

 

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1    optometry, when the employer or superior persists in that
2    violation.
3        (30) The performance of optometric service in
4    conjunction with a scheme or plan with another person, firm
5    or corporation known to be advertising in a manner contrary
6    to this Act or otherwise violating the laws of the State of
7    Illinois concerning the practice of optometry.
8        (31) Failure to provide satisfactory proof of having
9    participated in approved continuing education programs as
10    determined by the Board and approved by the Secretary.
11    Exceptions for extreme hardships are to be defined by the
12    rules of the Department.
13        (32) Willfully making or filing false records or
14    reports in the practice of optometry, including, but not
15    limited to false records to support claims against the
16    medical assistance program of the Department of Healthcare
17    and Family Services (formerly Department of Public Aid)
18    under the Illinois Public Aid Code.
19        (33) Gross and willful overcharging for professional
20    services including filing false statements for collection
21    of fees for which services are not rendered, including, but
22    not limited to filing false statements for collection of
23    monies for services not rendered from the medical
24    assistance program of the Department of Healthcare and
25    Family Services (formerly Department of Public Aid) under
26    the Illinois Public Aid Code.

 

 

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1        (34) In the absence of good reasons to the contrary,
2    failure to perform a minimum eye examination as required by
3    the rules of the Department.
4        (35) Violation of the Health Care Worker Self-Referral
5    Act.
6    The Department shall may refuse to issue or may suspend the
7license of any person who fails to file a return, or to pay the
8tax, penalty or interest shown in a filed return, or to pay any
9final assessment of the tax, penalty or interest, as required
10by any tax Act administered by the Illinois Department of
11Revenue, until such time as the requirements of any such tax
12Act are satisfied.
13    (a-5) In enforcing this Section, the Board or Department,
14upon a showing of a possible violation, may compel any
15individual licensed to practice under this Act, or who has
16applied for licensure or certification pursuant to this Act, to
17submit to a mental or physical examination, or both, as
18required by and at the expense of the Department. The examining
19physicians or clinical psychologists shall be those
20specifically designated by the Department Board. The Board or
21the Department may order the examining physician or clinical
22psychologist to present testimony concerning this mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician or clinical

 

 

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1psychologist. Eye examinations may be provided by a licensed
2optometrist. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice present
4during all aspects of the examination. Failure of any
5individual to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of a license until
7such time as the individual submits to the examination if the
8Board or Department finds, after notice and hearing, that the
9refusal to submit to the examination was without reasonable
10cause.
11    If the Board or Department finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Board or Department shall require such individual to submit to
14care, counseling, or treatment by physicians or clinical
15psychologists approved or designated by the Department Board,
16as a condition, term, or restriction for continued, reinstated,
17or renewed licensure to practice, or in lieu of care,
18counseling, or treatment, the Board may recommend to the
19Department to file a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the individual, or the
21Board may recommend to the Department to file a complaint to
22suspend, revoke, or otherwise discipline the license of the
23individual. Any individual whose license was granted pursuant
24to this Act, or continued, reinstated, renewed, disciplined, or
25supervised, subject to such conditions, terms, or
26restrictions, who shall fail to comply with such conditions,

 

 

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1terms, or restrictions, shall be referred to the Secretary for
2a determination as to whether the individual shall have his or
3her license suspended immediately, pending a hearing by the
4Board.
5    (b) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code operates as an automatic suspension. The suspension will
9end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and issues an order so finding and discharging the patient; and
12upon the recommendation of the Board to the Secretary that the
13licensee be allowed to resume his or her practice.
14(Source: P.A. 99-43, eff. 1-1-16.)
 
15    (225 ILCS 80/26.2)  (from Ch. 111, par. 3926.2)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 26.2. Investigation; notice. The Department may
18investigate the actions of any applicant or of any person or
19persons holding or claiming to hold a license. The Department
20shall, before suspending, revoking, placing on probationary
21status, or taking any other disciplinary action as the
22Department may deem proper with regard to any license, at least
2330 days prior to the date set for the hearing, notify the
24accused in writing of any charges made and the time and place
25for a hearing of the charges before the Board, direct him or

 

 

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1her to file his or her written answer to the Board under oath
2within 20 days after the service on him or her of the notice
3and inform him or her that if he or she fails to file an answer
4default will be taken against him or her and his or her license
5may be suspended, revoked, placed on probationary status, or
6have other disciplinary action, including limiting the scope,
7nature or extent of his or her practice, as the Department may
8deem proper taken with regard thereto. The Such written notice
9and any notice in the subsequent proceeding may be served by
10personal delivery or by regular or certified delivery or
11certified or registered mail to the applicant's or licensee's
12address of record Department. In case the person fails to file
13an answer after receiving notice, his or her license may, in
14the discretion of the Department, be suspended, revoked, or
15placed on probationary status, or the Department may take
16whatever disciplinary action deemed proper, including limiting
17the scope, nature, or extent of the person's practice or the
18imposition of a fine, without a hearing, if the act or acts
19charged constitute sufficient grounds for such action under
20this Act. At the time and place fixed in the notice, the
21Department shall proceed to hear the charges and the parties or
22their counsel shall be accorded ample opportunity to present
23such statements, testimony, evidence and argument as may be
24pertinent to the charges or to their defense. The Department
25may continue the hearing from time to time. At the discretion
26of the Secretary after having first received the recommendation

 

 

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1of the Board, the accused person's license may be suspended,
2revoked, placed on probationary status, or whatever
3disciplinary action as the Secretary may deem proper, including
4limiting the scope, nature, or extent of said person's
5practice, without a hearing, if the act or acts charged
6constitute sufficient grounds for such action under this Act.
7(Source: P.A. 94-787, eff. 5-19-06.)
 
8    (225 ILCS 80/26.6)  (from Ch. 111, par. 3926.6)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 26.6. Findings of fact, conclusions of law, and
11recommendations. At the conclusion of the hearing the Board
12shall present to the Secretary a written report of its findings
13of fact, conclusions of law and recommendations. The report
14shall contain a finding whether or not the accused person
15violated this Act or failed to comply with the conditions
16required in this Act. The Board shall specify the nature of the
17violation or failure to comply, and shall make its
18recommendations to the Secretary.
19    The report of findings of fact, conclusions of law and
20recommendations of the Board shall be the basis for the
21Department's order. If the Secretary disagrees in any regard
22with the report of the Board, the Secretary may issue an order
23in contravention thereof. The Secretary shall provide within 60
24days of taking such action a written report to the Board on any
25such deviation, and shall specify with particularity the

 

 

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1reasons for said action in the final order. The finding is not
2admissible in evidence against the person in a criminal
3prosecution brought for the violation of this Act, but the
4hearing and findings are not a bar to a criminal prosecution
5brought for the violation of this Act.
6    At any point in any investigation or disciplinary
7proceeding provided for in this Act, both parties may agree to
8a negotiated consent order. The consent order shall be final
9upon the signature of the Secretary.
10(Source: P.A. 94-787, eff. 5-19-06.)
 
11    (225 ILCS 80/26.7)  (from Ch. 111, par. 3926.7)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 26.7. Hearing officer. Notwithstanding the provisions
14of Section 26.6 of this Act, the Secretary shall have the
15authority to appoint any attorney duly licensed to practice law
16in the State of Illinois to serve as the hearing officer in any
17action for discipline of a license. The Secretary shall notify
18the Board of any such appointment. The hearing officer shall
19have full authority to conduct the hearing. The Board shall
20have the right to have at least one member present at any
21hearing conducted by such hearing officer. The hearing officer
22shall report his or her findings of fact, conclusions of law
23and recommendations to the Board and the Secretary. The Board
24shall have 60 days from receipt of the report to review the
25report of the hearing officer and present its findings of fact,

 

 

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1conclusions of law and recommendations to the Secretary. If the
2Board fails to present its report within the 60 day period, the
3Secretary shall issue an order based on the report of the
4hearing officer. If the Secretary disagrees in any regard with
5the report of the Board or hearing officer, he or she may issue
6an order in contravention thereof. The Secretary shall provide
7a written explanation to the Board on any such deviation, and
8shall specify with particularity the reasons for such action in
9the final order.
10(Source: P.A. 94-787, eff. 5-19-06.)
 
11    (225 ILCS 80/26.8)  (from Ch. 111, par. 3926.8)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 26.8. Service of report; rehearing; order. In any case
14involving the discipline of a license, a copy of the Board's
15and hearing officer's report shall be served upon the
16respondent by the Department, either personally or as provided
17in this Act for the service of the notice of hearing. Within 20
18days after such service, the respondent may present to the
19Department a motion in writing for a rehearing, which motion
20shall specify the particular grounds therefor. If no motion for
21rehearing is filed, then upon the expiration of the time
22specified for filing such a motion, or if a motion for
23rehearing is denied, then upon such denial the Secretary may
24enter an order in accordance with this Act. If the respondent
25shall order from the reporting service, and pay for a

 

 

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1transcript of the record within the time for filing a motion
2for rehearing, the 20 day period within which such a motion may
3be filed shall commence upon the delivery of the transcript to
4the respondent.
5(Source: P.A. 94-787, eff. 5-19-06.)
 
6    (225 ILCS 80/26.15)  (from Ch. 111, par. 3926.15)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 26.15. Certification of record. The Department shall
9not be required to certify any record to the Court or file any
10answer in court or otherwise appear in any court in a judicial
11review proceeding, unless and until the Department has received
12from the plaintiff there is filed in the court, with the
13complaint, a receipt from the Department acknowledging payment
14of the costs of furnishing and certifying the record, which
15costs shall be determined by the Department. Failure on the
16part of the plaintiff to file a receipt in Court shall be
17grounds for dismissal of the action.
18(Source: P.A. 87-1031.)
 
19    (225 ILCS 80/27)  (from Ch. 111, par. 3927)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 27. Administrative Procedure Act. The Illinois
22Administrative Procedure Act is hereby expressly adopted and
23incorporated herein as if all of the provisions of that Act
24were included in this Act, except that the provision of

 

 

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1subsection (d) of Section 10-65 of the Illinois Administrative
2Procedure Act that provides that at hearings the licensee has
3the right to show compliance with all lawful requirements for
4retention, continuation or renewal of the license is
5specifically excluded. For the purpose of this Act the notice
6required under Section 10-25 of the Administrative Procedure
7Act is deemed sufficient when mailed to the last known address
8of a party.
9(Source: P.A. 88-45.)
 
10    (225 ILCS 80/30 new)
11    Sec. 30. Confidentiality. All information collected by the
12Department in the course of an examination or investigation of
13a licensee or applicant, including, but not limited to, any
14complaint against a license filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department may not disclose the
18information to anyone other than law enforcement officials,
19other regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or a party presenting
21a lawful subpoena to the Department. Information and documents
22disclosed to a federal, State, county, or local law enforcement
23agency shall not be disclosed by the agency for any purpose to
24any other agency or person. A formal complaint filed against a
25licensee by the Department or any order issued by the

 

 

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1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
 
3    Section 99. Effective date. This Act takes effect January
41, 2017.