SB2286 93RD GENERAL ASSEMBLY


 


 
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2286

 

Introduced 1/22/2004, by Kimberly A. Lightford, Ira I. Silverstein, Susan Garrett, Denny Jacobs, Antonio Munoz

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 80/15.1

    Amends the Illinois Optometric Practice Act of 1987. Requires all applicants for license renewal after January 1, 2030 (rather than January 1, 2006) to apply for and maintain certification to use therapeutic ocular pharmaceutical agents. Effective immediately.


LRB093 19053 AMC 44788 b

 

 

A BILL FOR

 

SB2286 LRB093 19053 AMC 44788 b

1     AN ACT concerning optometry.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Optometric Practice Act of 1987 is
5 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7     (Section scheduled to be repealed on January 1, 2007)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 Department,
10 in the form the Department may prescribe, for a certificate to
11 use diagnostic topical ocular pharmaceutical agents and the
12 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 pharmaceutical
18     agents as required by the Board pursuant to rule or
19     regulation approved by the Board and adopted by the
20     Department.
21     A certificate to use topical ocular pharmaceutical agents
22 for diagnostic purposes previously issued by the Department
23 that is current and valid on the effective date of this
24 amendatory Act of 1995 is valid until its expiration date and
25 entitles the holder of the certificate to use diagnostic
26 topical ocular pharmaceutical agents as provided in this Act.
27     (b) Any licensed optometrist may apply to the Department,
28 in the form the Department may prescribe, for a certificate to
29 use therapeutic ocular pharmaceutical agents and the
30 Department shall certify the applicant if:
31         (1) the applicant has received a certificate to use
32     diagnostic topical ocular pharmaceutical agents under

 

 

SB2286 - 2 - LRB093 19053 AMC 44788 b

1     subsection (a);
2         (2) the applicant has received appropriate training
3     and certification from a properly accredited institution
4     of higher learning for the certificate; and
5         (3) the applicant has demonstrated training and
6     competence to use therapeutic ocular pharmaceutical agents
7     as required by the Board pursuant to rule or regulation
8     approved by the Board and adopted by the Department.
9     All applicants for license renewal after January 1, 2030
10 2006 must apply for and maintain certification to use
11 therapeutic ocular pharmaceutical agents.
12     (c) For purposes of the Act, "diagnostic topical ocular
13 pharmaceutical agents" means anesthetics, mydriatics,
14 cycloplegics, and miotics used for diagnostic purposes as
15 defined by the Board pursuant to rule approved by the Board and
16 adopted by the Department.
17     (d) For the purposes of the Act, "therapeutic ocular
18 pharmaceutical agents" means the following when used for
19 diagnostic or therapeutic purposes: topical anti-infective
20 agents, topical anti-allergy agents, topical anti-glaucoma
21 agents, topical anti-inflammatory agents, topical anesthetic
22 agents, over the counter agents, non-narcotic oral analgesic
23 agents, and mydriatic reversing agents.
24     (e) A licensed optometrist who is therapeutically
25 certified may remove superficial foreign bodies from the human
26 eye and adnexa.
27     (e-5) A licensed optometrist who is therapeutically
28 certified may give orders for patient care related to the use
29 of therapeutic ocular pharmaceutical agents to a nurse licensed
30 to practice under Illinois law.
31     (f) An optometrist's certificate to use diagnostic topical
32 ocular pharmaceutical agents shall be revoked or suspended by
33 the Department upon recommendation of the Board based on the
34 misuse of any diagnostic topical ocular pharmaceutical agent.
35     (g) An optometrist's certificate to use therapeutic ocular
36 pharmaceutical agents shall be revoked or suspended by the

 

 

SB2286 - 3 - LRB093 19053 AMC 44788 b

1 Department upon recommendation of the Board based on the misuse
2 of any therapeutic ocular pharmaceutical agent.
3     (h) An optometrist's license shall be revoked or suspended
4 by the Department upon recommendation of the Board based upon
5 either of the following causes:
6         (1) grave or repeated misuse of any diagnostic or
7     therapeutic ocular pharmaceutical agent; and
8         (2) the use of any agent or procedure in the course of
9     optometric practice by an optometrist not properly
10     certified under this Section.
11     (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
12 26.11, 26.14, and 26.15 of this Act shall apply to all
13 disciplinary proceedings brought under this Section.
14     (j) The Director may temporarily suspend a certificate to
15 use diagnostic topical ocular pharmaceuticals or a certificate
16 to use therapeutic ocular pharmaceuticals or a license to
17 practice optometry, without a hearing, simultaneously with the
18 institution of proceedings for a hearing based upon a violation
19 of subsection (f), (g), or (h) of this Section, if the Director
20 finds that evidence in his or her possession indicates that the
21 continued use of diagnostic topical ocular pharmaceuticals, or
22 therapeutic ocular pharmaceuticals, or continued practice of
23 optometry would constitute an immediate danger to the public.
24 In the event that the Director temporarily suspends a
25 certificate to use diagnostic topical ocular pharmaceuticals,
26 therapeutic ocular pharmaceuticals, or a license to practice
27 optometry without a hearing, a hearing by the Board shall be
28 commenced within 15 days after suspension has occurred, and
29 concluded without appreciable delay.
30     (k) The Director of the Department of Professional
31 Regulation shall notify the Director of the Department of
32 Public Health as to the categories of ocular pharmaceutical
33 agents permitted for use by an optometrist. The Director of the
34 Department of Public Health shall in turn notify every licensed
35 pharmacist in the State of the categories of ocular
36 pharmaceutical agents that can be utilized and prescribed by an

 

 

SB2286 - 4 - LRB093 19053 AMC 44788 b

1 optometrist.
2     (l) Nothing in this Act prohibits the use of diagnostic
3 topical ocular pharmaceutical agents or therapeutic ocular
4 pharmaceutical agents in the practice of optometry by
5 optometrists certified for such use under this Section.
6 (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.