093_SB0124sam001

 










                                     LRB093 06985 AMC 12712 a

 1                    AMENDMENT TO SENATE BILL 124

 2        AMENDMENT NO.     .  Amend Senate Bill 124  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Illinois Optometric Practice Act of 1987
 5    is amended by changing Section 15.1 as follows:

 6        (225 ILCS 80/15.1)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 15.1.  Diagnostic and therapeutic certification.
 9        (a)  Any   licensed   optometrist   may   apply   to  the
10    Department, in the form the Department may prescribe,  for  a
11    certificate  to  use diagnostic topical ocular pharmaceutical
12    agents and the Department shall certify the applicant if:
13             (1)  the applicant has received appropriate training
14        and certification from a properly accredited  institution
15        of higher learning for the certificate; and
16             (2)  the  applicant  has  demonstrated  training and
17        competence   to    use    diagnostic    topical    ocular
18        pharmaceutical  agents  as required by the Board pursuant
19        to rule or regulation approved by the Board  and  adopted
20        by the Department.
21        A certificate to use topical ocular pharmaceutical agents
22    for  diagnostic  purposes previously issued by the Department
 
                            -2-      LRB093 06985 AMC 12712 a
 1    that is current and valid  on  the  effective  date  of  this
 2    amendatory Act of 1995 is valid until its expiration date and
 3    entitles  the  holder  of  the  certificate to use diagnostic
 4    topical ocular pharmaceutical agents as provided in this Act.
 5        (b)  Any  licensed   optometrist   may   apply   to   the
 6    Department,  in  the form the Department may prescribe, for a
 7    certificate to use therapeutic ocular  pharmaceutical  agents
 8    and the Department shall certify the applicant if:
 9             (1)  the applicant has received a certificate to use
10        diagnostic  topical  ocular  pharmaceutical  agents under
11        subsection (a);
12             (2)  the applicant has received appropriate training
13        and certification from a properly accredited  institution
14        of higher learning for the certificate; and
15             (3)  the  applicant  has  demonstrated  training and
16        competence  to  use  therapeutic  ocular   pharmaceutical
17        agents  as  required  by  the  Board  pursuant to rule or
18        regulation approved by  the  Board  and  adopted  by  the
19        Department.
20        Except  as provided in this paragraph, all applicants for
21    license renewal after January 1,  2006  must  apply  for  and
22    maintain    certification    to    use   therapeutic   ocular
23    pharmaceutical agents.  The Department may, upon request from
24    an applicant, renew a license without  certification  to  use
25    therapeutic  ocular  pharmaceutical  agents  if the applicant
26    provides verification to the Department by affidavit that  he
27    or  she does not use therapeutic ocular pharmaceutical agents
28    in his or her practice.
29        (c)  For purposes of the Act, "diagnostic topical  ocular
30    pharmaceutical   agents"   means   anesthetics,   mydriatics,
31    cycloplegics,  and  miotics  used  for diagnostic purposes as
32    defined by the Board pursuant to rule approved by  the  Board
33    and adopted by the Department.
34        (d)  For  the  purposes  of  the Act, "therapeutic ocular
 
                            -3-      LRB093 06985 AMC 12712 a
 1    pharmaceutical agents" means  the  following  when  used  for
 2    diagnostic  or  therapeutic  purposes: topical anti-infective
 3    agents, topical anti-allergy  agents,  topical  anti-glaucoma
 4    agents,  topical anti-inflammatory agents, topical anesthetic
 5    agents, over the counter agents, non-narcotic oral  analgesic
 6    agents, and mydriatic reversing agents.
 7        (e)  A   licensed   optometrist  who  is  therapeutically
 8    certified may remove  superficial  foreign  bodies  from  the
 9    human eye and adnexa.
10        (e-5)  A  licensed  optometrist  who  is  therapeutically
11    certified may give orders for patient care related to the use
12    of  therapeutic  ocular  pharmaceutical  agents  to  a  nurse
13    licensed to practice under Illinois law.
14        (f)  An   optometrist's  certificate  to  use  diagnostic
15    topical ocular pharmaceutical  agents  shall  be  revoked  or
16    suspended  by the Department upon recommendation of the Board
17    based  on  the  misuse  of  any  diagnostic  topical   ocular
18    pharmaceutical agent.
19        (g)  An  optometrist's  certificate  to  use  therapeutic
20    ocular pharmaceutical agents shall be revoked or suspended by
21    the  Department upon recommendation of the Board based on the
22    misuse of any therapeutic ocular pharmaceutical agent.
23        (h)  An  optometrist's  license  shall  be   revoked   or
24    suspended  by the Department upon recommendation of the Board
25    based upon either of the following causes:
26             (1)  grave or repeated misuse of any  diagnostic  or
27        therapeutic ocular pharmaceutical agent; and
28             (2)  the use of any agent or procedure in the course
29        of  optometric  practice  by  an optometrist not properly
30        certified under this Section.
31        (i)  The provisions of Sections 26.2, 26.3, 26.5,  26.10,
32    26.11,  26.14,  and  26.15  of  this  Act  shall apply to all
33    disciplinary proceedings brought under this Section.
34        (j)  The Director may temporarily suspend  a  certificate
 
                            -4-      LRB093 06985 AMC 12712 a
 1    to   use  diagnostic  topical  ocular  pharmaceuticals  or  a
 2    certificate to use therapeutic ocular  pharmaceuticals  or  a
 3    license   to   practice   optometry,   without   a   hearing,
 4    simultaneously  with  the  institution  of  proceedings for a
 5    hearing based upon a violation of subsection (f), (g), or (h)
 6    of this Section, if the Director finds that evidence  in  his
 7    or  her  possession  indicates  that  the  continued  use  of
 8    diagnostic  topical  ocular  pharmaceuticals,  or therapeutic
 9    ocular pharmaceuticals, or continued  practice  of  optometry
10    would  constitute  an immediate danger to the public.  In the
11    event that the Director temporarily suspends a certificate to
12    use diagnostic topical  ocular  pharmaceuticals,  therapeutic
13    ocular  pharmaceuticals,  or  a license to practice optometry
14    without a hearing, a hearing by the Board shall be  commenced
15    within  15  days after suspension has occurred, and concluded
16    without appreciable delay.
17        (k)  The  Director  of  the  Department  of  Professional
18    Regulation shall notify the Director  of  the  Department  of
19    Public  Health  as to the categories of ocular pharmaceutical
20    agents permitted for use by an optometrist.  The Director  of
21    the  Department  of  Public Health shall in turn notify every
22    licensed pharmacist in the State of the categories of  ocular
23    pharmaceutical  agents that can be utilized and prescribed by
24    an optometrist.
25        (l)  Nothing in this Act prohibits the use of  diagnostic
26    topical  ocular  pharmaceutical  agents or therapeutic ocular
27    pharmaceutical  agents  in  the  practice  of  optometry   by
28    optometrists certified for such use under this Section.
29    (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.".