Full Text of SB2469 94th General Assembly
SB2469 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2469
Introduced 1/18/2006, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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Amends the Regulatory Sunset Act to change the repeal date of the Illinois Optometric Act of 1987 from January 1, 2007 to January 1, 2017. Amends the Illinois Optometric Practice Act of 1987. Removes all references to certificates and therapeutical certification throughout the Act. Replaces all references to "Department of Professional Regulation" with "Department of Financial and Professional Regulation" and replaces all references to "Director of Professional Regulation" with "Secretary of Financial and Professional Regulation" throughout the Act. Provides that the practice of optometry includes the appropriate use of ocular pharmaceutical agents, rather than diagnostic ocular pharmaceutical agents and therapeutic ocular pharmaceutical agents. Provides that the civil penalties for unlicensed practice and for violation of the Act shall not exceed $10,000 (now, $5,000). Removes a provision concerning initial Optometric Licensing and Disciplinary Board terms. Creates the position of optometric coordinator. Provides that the optometric coordinator shall be the chief enforcement officer of the Act and shall serve at the will of the Board. Provides that all licenses without "Therapeutic Certification" that are on inactive status as of March 31, 2006 shall be placed on non-renewed status and may only be restored after the licensee meets those requirements established by the Department of Financial and Professional Regulation. Makes other changes. Effective immediately.
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A BILL FOR
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SB2469 |
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LRB094 16641 RAS 51909 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.17 and by adding Section 4.27 as follows:
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| (5 ILCS 80/4.17)
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| Sec. 4.17. Acts repealed on January 1, 2007. The following | 8 |
| are repealed on
January 1, 2007:
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| The Boiler and Pressure Vessel Repairer Regulation | 10 |
| Act.
| 11 |
| The Structural Pest Control Act.
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| 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.
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| The Clinical Psychologist Licensing Act.
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| The Illinois Optometric Practice Act of 1987.
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| The Medical Practice Act of 1987.
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| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 92-837, eff. 8-22-02.)
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| (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 Section 11.5 as follows:
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| (225 ILCS 80/3) (from Ch. 111, par. 3903)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Practice of optometry defined; referrals; | 3 |
| manufacture of lenses
and prisms.
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| (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;
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| 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
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| 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.
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| A person shall be deemed to be practicing optometry within | 20 |
| the meaning of
this Act who:
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| (1) In any way presents himself or herself to be | 22 |
| qualified to
practice optometry.
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| (2) Performs refractions or employs any other | 24 |
| determinants of
visual function.
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| (3) Employs any means for the adaptation of lenses or | 26 |
| prisms.
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| (4) Prescribes corrective lenses, prisms, vision | 28 |
| therapy,
visual rehabilitation, or ocular pharmaceutical | 29 |
| agents.
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| (5) Prescribes or manages contact lenses for | 31 |
| refractive,
cosmetic, or therapeutic purposes.
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| (6) Evaluates the need for, or prescribes, low vision | 33 |
| aids to
partially sighted persons.
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| (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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| (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.
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| 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.
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| (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.
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| (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
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| specifically prohibit the sale or delivery of ophthalmic
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| 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.
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| (d) Nothing in this Act shall restrict the filling of a |
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| prescription by a
pharmacist licensed under the Pharmacy | 2 |
| Practice Act of 1987.
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| (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
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| (225 ILCS 80/4.5)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 4.5. Unlicensed practice; violation; civil penalty.
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| (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.
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| (b) The Department has the authority and power to | 21 |
| investigate any and all
unlicensed activity.
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| (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.
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| (Source: P.A. 93-754, eff. 7-16-04.)
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| (225 ILCS 80/5) (from Ch. 111, par. 3905)
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| (Section scheduled to be repealed on January 1, 2007)
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| 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
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| professionally as an "optometrist" and not otherwise, and any | 34 |
| such licensed
optometrist may, in connection with the practice |
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| 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
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| 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
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| 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.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/6) (from Ch. 111, par. 3906)
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| (Section scheduled to be repealed on January 1, 2007)
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| 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.
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| 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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| 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
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| designee.
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| (Source: P.A. 91-141, eff. 7-16-99.)
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| (225 ILCS 80/7) (from Ch. 111, par. 3907)
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| (Section scheduled to be repealed on January 1, 2007)
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| 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
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| 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
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| 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.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/8) (from Ch. 111, par. 3908)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 8. Permitted activities. This Act does not prohibit:
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| (1) Any person licensed in this State under any other Act | 2 |
| from
engaging
in the practice for which he or she is licensed.
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| (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.
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| (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.
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| (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
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| 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
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| 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
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| exempt, by reason
of such relationship, from compliance with | 27 |
| the provisions of this Act as
prescribed for individual | 28 |
| practitioners of optometry.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/9) (from Ch. 111, par. 3909)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 9. Definitions. In this Act:
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| (1) "Department" means the Department of Financial and
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| Professional
Regulation.
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| (2) " Secretary
Director " means the Secretary
Director
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| of Financial and Professional Regulation.
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| (3) "Board" means the Illinois Optometric
Licensing | 3 |
| and
Disciplinary
Board appointed by the Secretary
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| Director .
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| (4) "License" means the document issued by the | 6 |
| Department
authorizing the
person named thereon to | 7 |
| practice optometry.
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| (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.
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| (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
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| 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.
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| (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
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| (225 ILCS 80/10) (from Ch. 111, par. 3910)
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| (Section scheduled to be repealed on January 1, 2007)
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| 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
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| administration of Licensing Acts and shall exercise such other | 27 |
| powers and
duties necessary for effectuating the purpose of | 28 |
| this Act.
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| 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
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| professional conduct and discipline.
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| The Department shall consult with the Board in promulgating
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| 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.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/11) (from Ch. 111, par. 3911)
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| (Section scheduled to be repealed on January 1, 2007)
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| 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.
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| 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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| vice-chairperson, both of whom shall be licensed optometrists.
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| 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 recommendation by 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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| 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 and shall serve at the | 4 |
| will of the Board. | 5 |
| The Department shall employ, in conformity with the | 6 |
| Personnel Code, at least one full-time investigator and, | 7 |
| contractually, at least one part-time investigator to serve | 8 |
| central and southern Illinois in investigating allegations of | 9 |
| violations of this Act. The Secretary shall set rates of | 10 |
| compensation for these contractors and employees to be paid | 11 |
| from the Optometric Licensing and Disciplinary Board Fund.
| 12 |
| (225 ILCS 80/12) (from Ch. 111, par. 3912)
| 13 |
| (Section scheduled to be repealed on January 1, 2007)
| 14 |
| Sec. 12. Applications for licenses and certificates . | 15 |
| Applications for
original licenses and certificates shall be
| 16 |
| made to the Department in writing or electronically on forms | 17 |
| prescribed by the Department and
shall be accompanied by the | 18 |
| required fee, which shall not be refundable.
Any such | 19 |
| application shall require such information as in the judgment | 20 |
| of
the Department will enable the Department to pass on the | 21 |
| qualifications of
the applicant for a license or certificate .
| 22 |
| An applicant for initial licensure in
Illinois
shall apply | 23 |
| for and be qualified
to
receive and shall maintain | 24 |
| certification to use diagnostic and
therapeutic ocular | 25 |
| pharmaceuticals.
| 26 |
| Applicants have 3 years from the date of application to | 27 |
| complete the
application process. If the process has not been | 28 |
| completed within 3 years, the
application shall be denied, the | 29 |
| application fees shall be forfeited, and the
applicant must | 30 |
| reapply and meet the requirements in effect at the time of
| 31 |
| reapplication.
| 32 |
| Applicants who meet all other conditions for licensure and | 33 |
| who will be
practicing
optometry in a residency program | 34 |
| approved by the Board may apply for and
receive a
limited one | 35 |
| year license to practice optometry as a resident in the |
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LRB094 16641 RAS 51909 b |
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| 1 |
| program. A
resident licensee
who receives a limited license | 2 |
| under this Section shall have the same
privileges and
| 3 |
| responsibilities as a full
therapeutically certified licensee | 4 |
| when practicing within a residency program .
| 5 |
| (Source: P.A. 91-141, eff. 7-16-99; 92-451, eff. 8-21-01.)
| 6 |
| (225 ILCS 80/13) (from Ch. 111, par. 3913)
| 7 |
| (Section scheduled to be repealed on January 1, 2007)
| 8 |
| Sec. 13. Examination of applicants. The Department shall | 9 |
| promulgate
rules establishing examination requirements for
| 10 |
| applicants as
optometrists. The examination
shall accurately | 11 |
| evaluate the applicant's ability to perform to the minimum | 12 |
| standards of the practice of optometry
of applicants shall be | 13 |
| of a character to give a fair test of the
qualifications of the | 14 |
| applicant to practice optometry .
| 15 |
| Applicants for examination shall be required to pay, either | 16 |
| to the
Department or the designated testing service, a fee | 17 |
| covering the cost of
providing the examination. Failure to | 18 |
| appear for the examination on the
scheduled date, at the time | 19 |
| and place specified, after the applicant's
application for | 20 |
| examination has been received and acknowledged by the
| 21 |
| Department or the designated testing service, shall result in | 22 |
| the
forfeiture of the examination fee.
| 23 |
| The Department may employ consultants for the purpose of | 24 |
| preparing and
conducting examinations.
| 25 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 26 |
| (225 ILCS 80/14) (from Ch. 111, par. 3914)
| 27 |
| (Section scheduled to be repealed on January 1, 2007)
| 28 |
| Sec. 14. A person shall be qualified for initial licensure | 29 |
| as an optometrist
if that person has applied in writing in form | 30 |
| and substance satisfactory to
the Department and who:
| 31 |
| (1) has not been convicted of any of the provisions of | 32 |
| Section 24 of
this Act which would be grounds for discipline | 33 |
| under this Act;
| 34 |
| (2) has graduated , after January 1, 1994, from a program of |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| optometry education approved by the
Department or has | 2 |
| graduated, prior to January 1, 1994, and has met substantially | 3 |
| equivalent criteria established by the Department ;
| 4 |
| (3) (blank); and
| 5 |
| (4) has met all examination requirements including the | 6 |
| passage of a
nationally recognized examination authorized by | 7 |
| the Department. Each
applicant shall be tested on theoretical | 8 |
| knowledge and clinical practice
skills.
| 9 |
| (Source: P.A. 89-387, eff. 8-20-95.)
| 10 |
| (225 ILCS 80/15.1)
| 11 |
| (Section scheduled to be repealed on January 1, 2007)
| 12 |
| Sec. 15.1. Diagnostic and therapeutic authority
| 13 |
| certification .
| 14 |
| (a) For purposes of the Act, "ocular pharmaceutical
agents" | 15 |
| means topical anesthetics, topical mydriatics, topical | 16 |
| cycloplegics, topical miotics, topical anti-infective agents,
| 17 |
| topical anti-allergy agents,
topical
anti-glaucoma agents, | 18 |
| topical anti-inflammatory agents, topical
anesthetic
agents, | 19 |
| over-the-counter agents, non-narcotic oral analgesic
agents,
| 20 |
| and mydriatic reversing
agents when used for diagnostic or | 21 |
| therapeutic purposes. | 22 |
| (b) A licensed optometrist may remove superficial foreign | 23 |
| bodies from the human eye and adnexa and may give orders for | 24 |
| patient care to a nurse licensed to practice under Illinois | 25 |
| law. | 26 |
|
(c) An optometrist's license shall be revoked or suspended | 27 |
| by the Department
upon recommendation of the Board based upon | 28 |
| either of the
following causes: | 29 |
| (1) grave or repeated misuse of any ocular
| 30 |
| pharmaceutical agent; and | 31 |
| (2) the use of any agent or procedure in the course of | 32 |
| optometric practice
by an optometrist not properly | 33 |
| authorized under this Act. | 34 |
| (d) The Secretary of Financial and Professional Regulation | 35 |
| shall notify
the Director of Public Health as to the categories |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| of ocular
pharmaceutical agents permitted for use by an | 2 |
| optometrist. The Director of Public Health shall in turn
notify | 3 |
| every licensed pharmacist in the State of the categories of | 4 |
| ocular
pharmaceutical agents that can be utilized and | 5 |
| prescribed by an optometrist.
Any licensed optometrist may | 6 |
| apply to the Department, in the form the
Department may | 7 |
| prescribe, for a certificate to use diagnostic topical ocular
| 8 |
| pharmaceutical agents and the Department shall certify the
| 9 |
| applicant if:
| 10 |
| (1) the applicant has received appropriate training | 11 |
| and certification from
a properly accredited institution | 12 |
| of higher learning for the certificate; and
| 13 |
| (2) the applicant has demonstrated training and | 14 |
| competence to use
diagnostic topical ocular pharmaceutical | 15 |
| agents as required by the
Board pursuant to rule or | 16 |
| regulation approved by the
Board and adopted
by the | 17 |
| Department.
| 18 |
| A certificate to use topical ocular pharmaceutical agents | 19 |
| for diagnostic
purposes previously issued
by the Department | 20 |
| that is current and valid on the effective date of this
| 21 |
| amendatory Act of 1995 is valid until its expiration date and | 22 |
| entitles the
holder of the certificate to use diagnostic | 23 |
| topical ocular pharmaceutical
agents as provided in this Act.
| 24 |
| (b) Any licensed optometrist may apply to the Department, | 25 |
| in the form the
Department may prescribe, for a certificate to | 26 |
| use therapeutic ocular
pharmaceutical agents and the | 27 |
| Department shall certify the applicant if:
| 28 |
| (1) the applicant has received a certificate to use | 29 |
| diagnostic topical
ocular pharmaceutical agents under | 30 |
| subsection (a);
| 31 |
| (2) the applicant has received appropriate training | 32 |
| and certification from
a properly accredited institution | 33 |
| of higher learning for the certificate; and
| 34 |
| (3) the applicant has demonstrated training and | 35 |
| competence to use
therapeutic ocular pharmaceutical agents | 36 |
| as required by the Board pursuant
to rule or regulation |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| approved by the Board and adopted by
the Department.
| 2 |
| All applicants for license renewal after January 1, 2006 | 3 |
| must apply for and
maintain certification to use therapeutic | 4 |
| ocular pharmaceutical agents.
| 5 |
| (c) For purposes of the Act, "diagnostic topical ocular | 6 |
| pharmaceutical
agents" means anesthetics, mydriatics, | 7 |
| cycloplegics, and miotics used for
diagnostic purposes as | 8 |
| defined by the Board pursuant to rule
approved
by the Board and | 9 |
| adopted by the Department.
| 10 |
| (d) For the purposes of the Act, "therapeutic ocular | 11 |
| pharmaceutical agents"
means the following when used for | 12 |
| diagnostic or therapeutic purposes:
topical
anti-infective | 13 |
| agents,
topical anti-allergy agents,
topical
anti-glaucoma | 14 |
| agents, topical anti-inflammatory agents, topical
anesthetic
| 15 |
| agents, over the counter agents, non-narcotic oral analgesic
| 16 |
| agents,
and mydriatic reversing
agents.
| 17 |
| (e) A licensed optometrist who is therapeutically | 18 |
| certified may remove
superficial foreign bodies from the human | 19 |
| eye and adnexa.
| 20 |
| (e-5) A licensed optometrist who is therapeutically
| 21 |
| certified may give orders for patient care related to the use | 22 |
| of
therapeutic ocular pharmaceutical agents to a nurse licensed | 23 |
| to practice under
Illinois law.
| 24 |
| (f) An optometrist's certificate to use diagnostic topical | 25 |
| ocular
pharmaceutical agents shall be revoked or suspended by | 26 |
| the Department upon
recommendation of the Board based on the | 27 |
| misuse of any
diagnostic topical
ocular pharmaceutical agent.
| 28 |
| (g) An optometrist's certificate to use therapeutic ocular
| 29 |
| pharmaceutical agents shall be revoked or suspended by
the | 30 |
| Department upon recommendation of the Board based on the
misuse | 31 |
| of any
therapeutic ocular pharmaceutical agent.
| 32 |
| (h) An optometrist's license shall be revoked or suspended | 33 |
| by the Department
upon recommendation of the Board based upon | 34 |
| either of the
following causes:
| 35 |
| ( 1) grave or repeated misuse of any diagnostic or | 36 |
| therapeutic ocular
pharmaceutical agent; and
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| (2) the use of any agent or procedure in the course of | 2 |
| optometric practice
by an optometrist not properly | 3 |
| certified under this Section.
| 4 |
| (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, | 5 |
| 26.11, 26.14, and
26.15 of this Act shall apply to all | 6 |
| disciplinary proceedings brought under
this Section.
| 7 |
| (j) The Director may temporarily suspend a certificate to | 8 |
| use diagnostic
topical ocular pharmaceuticals or a certificate | 9 |
| to use
therapeutic ocular pharmaceuticals or a license to | 10 |
| practice optometry, without
a hearing, simultaneously with the | 11 |
| institution of proceedings for a hearing
based upon a violation | 12 |
| of subsection (f), (g), or (h) of this Section, if the
Director | 13 |
| finds that evidence in his or her possession indicates that the
| 14 |
| continued use of diagnostic topical ocular pharmaceuticals, or
| 15 |
| therapeutic ocular pharmaceuticals, or continued practice of | 16 |
| optometry would
constitute an immediate danger to the public. | 17 |
| In the event that the Director
temporarily suspends a | 18 |
| certificate to use diagnostic topical ocular
pharmaceuticals, | 19 |
| therapeutic ocular pharmaceuticals, or a
license to practice | 20 |
| optometry without a hearing, a hearing by the Board
shall be | 21 |
| commenced within 15 days after suspension has occurred, and | 22 |
| concluded
without appreciable delay.
| 23 |
| (k) The Director of the Department of Professional | 24 |
| Regulation shall notify
the Director of the Department of | 25 |
| Public Health as to the categories of ocular
pharmaceutical | 26 |
| agents permitted for use by an optometrist. The Director of the
| 27 |
| Department of Public Health shall in turn
notify every licensed | 28 |
| pharmacist in the State of the categories of ocular
| 29 |
| pharmaceutical agents that can be utilized and prescribed by an | 30 |
| optometrist.
| 31 |
| (l) Nothing in this Act prohibits the use of diagnostic
| 32 |
| topical ocular pharmaceutical agents or therapeutic ocular | 33 |
| pharmaceutical
agents
in the practice of optometry by | 34 |
| optometrists certified for such use under this
Section.
| 35 |
| (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| (225 ILCS 80/16) (from Ch. 111, par. 3916)
| 2 |
| (Section scheduled to be repealed on January 1, 2007)
| 3 |
| Sec. 16. Renewal, reinstatement or restoration of | 4 |
| licenses; military
service. The expiration date and renewal | 5 |
| period for each license and
certificate issued under this Act | 6 |
| shall be set by rule.
| 7 |
| All renewal applicants shall provide proof of having met | 8 |
| the requirements
of continuing education set forth in the rules | 9 |
| of the Department. The
Department shall, by rule, provide for | 10 |
| an orderly process for the
reinstatement of licenses which have | 11 |
| not been renewed due to failure to
meet the continuing | 12 |
| education requirements. The continuing education
requirement | 13 |
| may be waived for such good cause, including but not limited to
| 14 |
| illness or hardship, as defined by rules
of the Department.
| 15 |
| The Department shall establish by rule a means for the | 16 |
| verification of
completion of the continuing education | 17 |
| required by this Section. This
verification may be accomplished | 18 |
| through audits of records maintained by
registrants; by | 19 |
| requiring the filing of continuing education certificates
with | 20 |
| the Department; or by other means established by the | 21 |
| Department.
| 22 |
| Any optometrist who has permitted his or her license to | 23 |
| expire or who has
had his or her license on inactive status may | 24 |
| have his or her license restored
by making application to the | 25 |
| Department and filing proof acceptable to the
Department of his | 26 |
| or her fitness to have his or her license restored and by
| 27 |
| paying the required fees. Such proof of fitness may include | 28 |
| evidence
certifying to active lawful practice in another | 29 |
| jurisdiction and must include
proof of the completion of the | 30 |
| continuing education requirements specified in
the rules for | 31 |
| the preceding license renewal period for the applicant's level
| 32 |
| of certification that has been completed during the 2 years | 33 |
| prior to the
application for license restoration.
| 34 |
| The Department shall determine, by an evaluation program | 35 |
| established by
rule, his or her fitness for restoration of his | 36 |
| or her license and
shall establish procedures and requirements |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| for such restoration.
| 2 |
| However, any optometrist whose license expired while he or | 3 |
| she was (1) in
Federal Service on active duty with the Armed | 4 |
| Forces of the United States,
or the State Militia called into | 5 |
| service or training, or (2) in training or
education under the | 6 |
| supervision of the United States preliminary to
induction into | 7 |
| the military service, may have his or her license restored
| 8 |
| without paying any lapsed renewal fees if within 2 years after | 9 |
| honorable
termination of such service, training, or education, | 10 |
| he or she furnishes
the Department with satisfactory evidence | 11 |
| to the effect that he or she has
been so engaged and that his or | 12 |
| her service, training, or education has been
so terminated.
| 13 |
| (Source: P.A. 92-451, eff. 8-21-01; 92-750, eff. 1-1-03.)
| 14 |
| (225 ILCS 80/17) (from Ch. 111, par. 3917)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 17. Inactive status. Any optometrist who notifies the | 17 |
| Department in
writing on
forms prescribed by the Department, | 18 |
| may elect to place his or her license
on an
inactive status and | 19 |
| shall be excused from payment of renewal fees until he or
she
| 20 |
| notifies the Department in writing of his intent to restore his | 21 |
| or her
license.
| 22 |
| Any optometrist requesting restoration from inactive | 23 |
| status shall be
required to pay the current renewal fee,
to | 24 |
| provide proof of completion of the continuing education | 25 |
| requirements
specified in the rules for the preceding license | 26 |
| renewal period for the
applicant's level
of certification that | 27 |
| has been completed during the
2 years prior to the application | 28 |
| for
restoration,
and to restore
his or her license
as provided | 29 |
| by rule of the Department. All licenses without "Therapeutic | 30 |
| Certification" that are on inactive status as of March 31, 2006 | 31 |
| shall be placed on non-renewed status and may only be restored | 32 |
| after the licensee meets those requirements established by the | 33 |
| Department.
| 34 |
| Any optometrist whose license is in an inactive status | 35 |
| shall not practice
optometry in the State of Illinois.
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| Any licensee who shall practice while his or her license is | 2 |
| lapsed or on
inactive status shall be considered to be | 3 |
| practicing without a license
which shall be grounds for | 4 |
| discipline under Section 24 subsection (a) of this
Act.
| 5 |
| (Source: P.A. 92-451, eff. 8-21-01.)
| 6 |
| (225 ILCS 80/19) (from Ch. 111, par. 3919)
| 7 |
| (Section scheduled to be repealed on January 1, 2007)
| 8 |
| Sec. 19. Fees. The Department shall provide by rule, for a | 9 |
| schedule of
fees to be paid for licenses or certificates of | 10 |
| registration by all
applicants.
| 11 |
| The
(a) Except as provided in paragraph (b) below, the fees | 12 |
| for the
administration and enforcement of this Act, including | 13 |
| but not limited to,
original licensure and certification, | 14 |
| renewal and restoration, shall be set
by rule. The fees shall | 15 |
| not be refundable.
| 16 |
| (b) Applicants for examination shall be required to pay, | 17 |
| either to the
Department or the designated testing service, a | 18 |
| fee covering the cost of
initial screening to determine | 19 |
| eligibility and for providing the examination.
Failure to | 20 |
| appear for the examination on the scheduled date at the time | 21 |
| and
place specified, after the applicant's application for | 22 |
| examination has been
received and acknowledged by the | 23 |
| Department or the designated testing
service, shall result in | 24 |
| the forfeiture of the examination fee.
| 25 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 26 |
| (225 ILCS 80/20) (from Ch. 111, par. 3920)
| 27 |
| (Section scheduled to be repealed on January 1, 2007)
| 28 |
| Sec. 20. Fund. All moneys received by the Department | 29 |
| pursuant to this
Act
shall be deposited in the Optometric | 30 |
| Licensing and Disciplinary Board
Fund, which is hereby created | 31 |
| as a special fund in the State Treasury, and
shall be used for | 32 |
| the administration of this Act, including: (a) by
the Board in | 33 |
| the exercise of its powers and performance of
its duties,
as | 34 |
| such use is made by the Department with full consideration of |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| all
recommendations of the Board; (b) for
costs directly | 2 |
| related to license renewal of persons licensed under this Act;
| 3 |
| and (c) for direct and allocable indirect costs related to the
| 4 |
| public purposes
of the Department of Financial and Professional | 5 |
| Regulation.
Subject to appropriation, moneys in the Optometric | 6 |
| Licensing and
Disciplinary Board Fund may be used for
the
| 7 |
| Optometric Education Scholarship Program administered by the | 8 |
| Illinois Student
Assistance Commission pursuant to Section | 9 |
| 65.70 of the Higher Education Student
Assistance Act.
| 10 |
| Moneys in the Fund may be transferred to the Professions | 11 |
| Indirect Cost Fund
as authorized under Section 2105-300 of the | 12 |
| Department of
Professional Regulation Law (20 ILCS | 13 |
| 2105/2105-300).
| 14 |
| Money in the Optometric Licensing and Disciplinary Board
| 15 |
| Fund may be
invested and reinvested, with all earnings received | 16 |
| from such investment to
be deposited in the Optometric | 17 |
| Licensing and Disciplinary Board Fund
and used for the same | 18 |
| purposes as fees deposited in such fund.
| 19 |
| Any monies in the Optometric Examining and Disciplinary | 20 |
| Board Fund
on the effective date of this Act shall be | 21 |
| transferred to the Optometric
Licensing and Disciplinary Board | 22 |
| Fund.
| 23 |
| Any obligations of the Optometric Examining and | 24 |
| Disciplinary Board
Fund unpaid on the effective date of this | 25 |
| Act shall be paid from the
Optometric Licensing and | 26 |
| Disciplinary Board Fund.
| 27 |
| (Source: P.A. 91-239, eff. 1-1-00; 92-569, eff. 6-26-02.)
| 28 |
| (225 ILCS 80/21) (from Ch. 111, par. 3921)
| 29 |
| (Section scheduled to be repealed on January 1, 2007)
| 30 |
| Sec. 21. The Department shall maintain a roster of the | 31 |
| names and
addresses of all licensees and certificate holders
| 32 |
| and of all persons whose
licenses or certificates have been | 33 |
| suspended or revoked. This roster shall
be available upon | 34 |
| written request and payment of the required fee.
| 35 |
| (Source: P.A. 85-896.)
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| (225 ILCS 80/23) (from Ch. 111, par. 3923)
| 2 |
| (Section scheduled to be repealed on January 1, 2007)
| 3 |
| Sec. 23. Practice by corporations. No license shall
be | 4 |
| issued by the Department to any corporation that (i) has a | 5 |
| stated
purpose that includes, or (ii)
practices or holds itself | 6 |
| out as available
to practice, optometry or any of the functions | 7 |
| described in Section 3 of
the
Act , unless it is organized under | 8 |
| the
Professional Service Corporation Act .
| 9 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 10 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 11 |
| (Section scheduled to be repealed on January 1, 2007)
| 12 |
| Sec. 24. Grounds for disciplinary action.
| 13 |
| (a) The Department may refuse to issue or to renew, or may
| 14 |
| revoke, suspend, place on probation, reprimand or take other
| 15 |
| disciplinary action as the Department may deem proper, | 16 |
| including fines not
to exceed $10,000
$5,000 for each | 17 |
| violation, with regard to any license or
certificate for any | 18 |
| one or combination of the following causes:
| 19 |
| (1) Violations of this Act, or of the rules promulgated
| 20 |
| hereunder.
| 21 |
| (2) Conviction of any crime under the laws of any U.S. | 22 |
| jurisdiction
thereof that is a felony or that is a | 23 |
| misdemeanor of which an essential element
is dishonesty, or | 24 |
| of any crime that is directly related to the practice of | 25 |
| the
profession.
| 26 |
| (3) Making any misrepresentation for the purpose of | 27 |
| obtaining a
license or certificate .
| 28 |
| (4) Professional incompetence or gross negligence in | 29 |
| the
practice of optometry.
| 30 |
| (5) Gross malpractice, prima facie evidence
of which | 31 |
| may be a conviction or judgment of
malpractice in any court | 32 |
| of competent jurisdiction.
| 33 |
| (6) Aiding or assisting another person in violating any
| 34 |
| provision of this Act or rules.
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| (7) Failing, within 60 days, to provide information in | 2 |
| response
to a
written request made by the Department that | 3 |
| has been sent by
certified or
registered mail to the | 4 |
| licensee's last known address.
| 5 |
| (8) Engaging in dishonorable, unethical, or | 6 |
| unprofessional
conduct of a
character likely to deceive, | 7 |
| defraud, or harm the public.
| 8 |
| (9) Habitual or excessive use or addiction to alcohol,
| 9 |
| narcotics,
stimulants or any other chemical agent or drug | 10 |
| that results in
the
inability to practice with reasonable | 11 |
| judgment, skill, or safety.
| 12 |
| (10) Discipline by another U.S. jurisdiction or | 13 |
| foreign
nation, if at
least one of the grounds for the | 14 |
| discipline is the same or substantially
equivalent to those | 15 |
| set forth herein.
| 16 |
| (11) Directly or indirectly giving to or receiving from | 17 |
| any
person, firm,
corporation, partnership, or association | 18 |
| any fee, commission, rebate, or
other form of compensation | 19 |
| for any professional services not actually or
personally | 20 |
| rendered. This shall not be deemed to include (i) rent or | 21 |
| other
remunerations paid to an individual, partnership, or | 22 |
| corporation by an
optometrist for the lease, rental, or use | 23 |
| of space, owned or controlled, by
the individual, | 24 |
| partnership, corporation or association, and (ii) the
| 25 |
| division of fees between an optometrist and related | 26 |
| professional service
providers with whom the optometrist | 27 |
| practices in a
professional corporation organized under | 28 |
| Section 3.6 of the Professional
Service Corporation Act.
| 29 |
| (12) A finding by the Department that the licensee, | 30 |
| after
having his or
her
license placed on probationary | 31 |
| status has violated the terms of
probation.
| 32 |
| (13) Abandonment of a patient.
| 33 |
| (14) Willfully making or filing false records or | 34 |
| reports in
his or her
practice,
including but not limited | 35 |
| to false records filed with State agencies or
departments.
| 36 |
| (15) Willfully failing to report an instance of |
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| suspected
child abuse or
neglect as required by the Abused | 2 |
| and Neglected Child Reporting Act.
| 3 |
| (16) Physical illness, including but not limited to,
| 4 |
| deterioration
through the aging process, or loss of motor | 5 |
| skill, mental illness, or
disability that results in the
| 6 |
| inability to practice the profession with reasonable | 7 |
| judgment, skill,
or safety.
| 8 |
| (17) Solicitation of professional services other than
| 9 |
| permitted
advertising.
| 10 |
| (18) Failure to provide a patient with a copy of his or
| 11 |
| her record or
prescription upon the written request of the | 12 |
| patient.
| 13 |
| (19) Conviction by any court of competent | 14 |
| jurisdiction, either
within or
without this State, of any | 15 |
| violation of any law governing the practice of
optometry, | 16 |
| conviction in this or another State of any crime that
is a
| 17 |
| felony under the laws of this State or conviction of a | 18 |
| felony in a federal
court, if the Department determines, | 19 |
| after investigation, that such person
has not been | 20 |
| sufficiently rehabilitated to warrant the public trust.
| 21 |
| (20) A finding that licensure has been applied for or | 22 |
| obtained
by
fraudulent means.
| 23 |
| (21) Continued practice by a person knowingly having an
| 24 |
| infectious
or contagious
disease.
| 25 |
| (22) Being named as a perpetrator in an indicated | 26 |
| report by
the
Department of Children and Family Services | 27 |
| under the Abused and
Neglected Child Reporting Act, and | 28 |
| upon proof by clear and
convincing evidence that the | 29 |
| licensee has caused a child to be an abused
child or a | 30 |
| neglected child as defined in the Abused and Neglected | 31 |
| Child
Reporting Act.
| 32 |
| (23) Practicing or attempting to practice under a name | 33 |
| other
than the
full name as shown on his or her license.
| 34 |
| (24) Immoral conduct in the commission of any act, such | 35 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, | 36 |
| related to the licensee's
practice.
|
|
|
|
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|
| 1 |
| (25) Maintaining a professional relationship with any | 2 |
| person,
firm, or
corporation when the optometrist knows, or | 3 |
| should know, that such person,
firm, or corporation is | 4 |
| violating this Act.
| 5 |
| (26) Promotion of the sale of drugs, devices, | 6 |
| appliances or
goods
provided for a client or patient in | 7 |
| such manner as to exploit the patient
or client for | 8 |
| financial gain of the licensee.
| 9 |
| (27) Using the title "Doctor" or its abbreviation | 10 |
| without
further
qualifying that title or abbreviation with | 11 |
| the word "optometry" or
"optometrist".
| 12 |
| (28) Use by a licensed optometrist of the
word
| 13 |
| "infirmary",
"hospital", "school", "university", in | 14 |
| English or any other
language, in connection with the place | 15 |
| where optometry may be practiced or
demonstrated.
| 16 |
| (29) Continuance of an optometrist in the employ of any
| 17 |
| person, firm or
corporation, or as an assistant to any | 18 |
| optometrist or optometrists,
directly or indirectly, after | 19 |
| his or her employer or superior has been
found
guilty of | 20 |
| violating or has been enjoined from violating the laws of | 21 |
| the
State of Illinois relating to the practice of | 22 |
| optometry, when the employer
or superior persists in that | 23 |
| violation.
| 24 |
| (30) The performance of optometric service in | 25 |
| conjunction with
a scheme
or plan with another person, firm | 26 |
| or corporation known to be advertising in
a manner contrary | 27 |
| to this Act or otherwise violating the laws of the State of
| 28 |
| Illinois concerning the practice of optometry.
| 29 |
| (31) Failure to provide satisfactory proof of having
| 30 |
| participated in
approved continuing education programs as | 31 |
| determined by the Board and
approved by the Secretary
| 32 |
| Director . Exceptions for extreme hardships are to be
| 33 |
| defined by the rules of the Department.
| 34 |
| (32) Willfully making or filing false records or | 35 |
| reports in
the practice
of optometry, including, but not | 36 |
| limited to false records to support claims
against the |
|
|
|
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| 1 |
| medical assistance program of the Department of Healthcare | 2 |
| and Family Services (formerly Department of Public Aid )
| 3 |
| under the Illinois Public Aid Code.
| 4 |
| (33) Gross and willful overcharging for professional | 5 |
| services
including
filing false statements for collection | 6 |
| of fees for which services are not
rendered, including, but | 7 |
| not limited to filing false statements for
collection of | 8 |
| monies for services not rendered from the medical | 9 |
| assistance
program of the Department of Healthcare and | 10 |
| Family Services (formerly Department of Public Aid ) under | 11 |
| the Illinois Public Aid
Code.
| 12 |
| (34) In the absence of good reasons to the contrary, | 13 |
| failure
to perform a
minimum eye examination as required by | 14 |
| the rules of the Department.
| 15 |
| (35) Violation of the Health Care Worker Self-Referral | 16 |
| Act.
| 17 |
| The Department may refuse to issue or may suspend the | 18 |
| license or
certificate of any person who fails to file a | 19 |
| return, or to pay the tax,
penalty or interest shown in a filed | 20 |
| return, or to pay any final assessment
of the tax, penalty or | 21 |
| interest, as required by any tax Act administered by
the | 22 |
| Illinois Department of Revenue, until such time as the | 23 |
| requirements of
any such tax Act are satisfied.
| 24 |
| (a-5) In enforcing this Section, the Board upon a showing | 25 |
| of a possible
violation, may compel any individual licensed to | 26 |
| practice under this Act, or
who has applied for licensure or | 27 |
| certification pursuant to this Act,
to submit to a
mental or | 28 |
| physical
examination, or both, as required by and at the | 29 |
| expense of the Department. The
examining physicians or clinical | 30 |
| psychologists shall be those specifically
designated by the | 31 |
| Board. The Board or the Department may order the examining
| 32 |
| physician or clinical psychologist to present testimony | 33 |
| concerning this mental
or physical examination of the licensee | 34 |
| or applicant. No information shall be
excluded by reason of any | 35 |
| common law or statutory privilege relating to
communications | 36 |
| between the licensee or applicant and the examining physician |
|
|
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| 1 |
| or
clinical psychologist. Eye examinations may be provided by a | 2 |
| licensed
and certified therapeutic optometrist. The individual | 3 |
| to be examined may have,
at his or her own expense, another | 4 |
| physician of his or her choice present
during all aspects of | 5 |
| the examination. Failure of any individual to submit to
a | 6 |
| mental or physical examination, when directed, shall be grounds | 7 |
| for
suspension of a license until such time as the individual | 8 |
| submits to the
examination if the Board finds, after notice and | 9 |
| hearing, that the refusal to
submit to the examination was | 10 |
| without reasonable cause.
| 11 |
| If the Board finds an individual unable to practice because | 12 |
| of the reasons
set forth in this Section, the Board shall | 13 |
| require such individual to submit to
care, counseling, or | 14 |
| treatment by physicians or clinical psychologists approved
or | 15 |
| designated by the Board, as a condition, term, or restriction | 16 |
| for continued,
reinstated, or renewed licensure to practice, or | 17 |
| in lieu of care, counseling,
or treatment, the Board may | 18 |
| recommend to the Department to file a complaint to immediately | 19 |
| suspend, revoke, or otherwise discipline the
license of the | 20 |
| individual, or the Board may recommend to the Department to | 21 |
| file
a complaint to suspend, revoke, or otherwise discipline | 22 |
| the license of the
individual. Any individual whose license was | 23 |
| granted pursuant to this Act, or
continued, reinstated, | 24 |
| renewed, disciplined, or supervised, subject to such
| 25 |
| conditions, terms, or restrictions, who shall fail to comply | 26 |
| with such
conditions, terms, or restrictions, shall be referred | 27 |
| to the Secretary
Director for a
determination as to whether the | 28 |
| individual shall have his or her license
suspended immediately, | 29 |
| pending a hearing by the Board.
| 30 |
| (b) The determination by a circuit court that a licensee is | 31 |
| subject to
involuntary admission or judicial admission as | 32 |
| provided in the Mental
Health and Developmental Disabilities | 33 |
| Code operates as an
automatic suspension. The suspension will | 34 |
| end only upon a finding by a
court that the patient is no | 35 |
| longer subject to involuntary admission or
judicial admission | 36 |
| and issues an order so finding and discharging the
patient; and |
|
|
|
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|
| 1 |
| upon the recommendation of the Board to the Secretary
Director
| 2 |
| that
the licensee be allowed to resume his or her practice.
| 3 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 90-655, | 4 |
| eff.
7-30-98; revised 12-15-05.)
| 5 |
| (225 ILCS 80/25) (from Ch. 111, par. 3925)
| 6 |
| (Section scheduled to be repealed on January 1, 2007)
| 7 |
| Sec. 25. Returned checks; fines. Any person who delivers a | 8 |
| check or other payment to the Department that
is returned to | 9 |
| the Department unpaid by the financial institution upon
which | 10 |
| it is drawn shall pay to the Department, in addition to the | 11 |
| amount
already owed to the Department, a fine of $50. The fines | 12 |
| imposed by this Section are in addition
to any other discipline | 13 |
| provided under this Act for unlicensed
practice or practice on | 14 |
| a nonrenewed license. The Department shall notify
the person | 15 |
| that payment of fees and fines shall be paid to the Department
| 16 |
| by certified check or money order within 30 calendar days of | 17 |
| the
notification. If, after the expiration of 30 days from the | 18 |
| date of the
notification, the person has failed to submit the | 19 |
| necessary remittance, the
Department shall automatically | 20 |
| terminate the license or certificate or deny
the application, | 21 |
| without hearing. If, after termination or denial, the
person | 22 |
| seeks a license or certificate , he or she shall apply to the
| 23 |
| Department for restoration or issuance of the license or | 24 |
| certificate and
pay all fees and fines due to the Department. | 25 |
| The Department may establish
a fee for the processing of an | 26 |
| application for restoration of a license or
certificate to pay | 27 |
| all expenses of processing this application. The Secretary
| 28 |
| Director
may waive the fines due under this Section in | 29 |
| individual cases where the
Secretary
Director finds that the | 30 |
| fines would be unreasonable or unnecessarily
burdensome.
| 31 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 32 |
| (225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
| 33 |
| (Section scheduled to be repealed on January 1, 2007)
| 34 |
| Sec. 26.1. Injunctions; criminal offenses; cease and |
|
|
|
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|
| 1 |
| desist orders.
| 2 |
| (a) If any person violates the provision of this Act, the
| 3 |
| Secretary
Director may, in the name of the People of the State | 4 |
| of Illinois, through
the Attorney General of the State of | 5 |
| Illinois, or the State's Attorney of
any county in which the | 6 |
| action is brought, petition for an order enjoining
such | 7 |
| violation or for an order enforcing compliance with this Act. | 8 |
| Upon
the filing of a verified petition in court, the court may | 9 |
| issue a temporary
restraining order, without notice or bond, | 10 |
| and may preliminarily and
permanently enjoin such violation, | 11 |
| and if it is established that such
person has violated or is | 12 |
| violating the injunction, the Court may punish
the offender for | 13 |
| contempt of court. Proceedings under this Section shall
be in | 14 |
| addition to, and not in lieu of, all other remedies and | 15 |
| penalties
provided by this Act.
| 16 |
| (b) If any person shall practice as an optometrist or hold | 17 |
| himself or
herself out as
an optometrist without being licensed | 18 |
| under the provisions of this Act
then any licensed optometrist, | 19 |
| any interested party or any person injured
thereby may, in | 20 |
| addition to the Secretary
Director , petition for relief as | 21 |
| provided
in subsection (a) of this Section.
| 22 |
| Whoever knowingly practices or offers to practice | 23 |
| optometry in this State
without being licensed for that purpose | 24 |
| shall be guilty of a Class A
misdemeanor and for each | 25 |
| subsequent conviction, shall be guilty of a Class
4 felony. | 26 |
| Notwithstanding any other provision of this Act, all
criminal | 27 |
| fines, monies, or other property collected or received by
the | 28 |
| Department under this Section or any other State or federal | 29 |
| statute,
including, but not limited to, property forfeited to | 30 |
| the Department under
Section 505 of the Illinois Controlled | 31 |
| Substances Act or Section 85 of the Methamphetamine Control and | 32 |
| Community Protection Act, shall be deposited
into the | 33 |
| Optometric Licensing and Disciplinary Board Fund
Professional | 34 |
| Regulation Evidence Fund .
| 35 |
| (c) Whenever in the opinion of the Department any person | 36 |
| violates any
provision of this Act, the Department may issue a |
|
|
|
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|
| 1 |
| rule to show cause why an
order to cease and desist should not | 2 |
| be entered against him. The rule shall
clearly set forth the | 3 |
| grounds relied upon by the Department and shall
provide a | 4 |
| period of 7 days from the date of the rule to file an answer to
| 5 |
| the satisfaction of the Department. Failure to answer to the | 6 |
| satisfaction
of the Department shall cause an order to cease | 7 |
| and desist to be issued
forthwith.
| 8 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 9 |
| (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
| 10 |
| (Section scheduled to be repealed on January 1, 2007)
| 11 |
| Sec. 26.2. Investigation; notice. The Department may | 12 |
| investigate the
actions of any applicant
or of any person or | 13 |
| persons holding or claiming to hold a license. The
Department | 14 |
| shall, before suspending, revoking, placing on probationary
| 15 |
| status, or taking any other disciplinary action as the | 16 |
| Department may deem
proper with regard to any license or | 17 |
| certificate , at least 30 days prior
to the date set for the | 18 |
| hearing, notify the accused in writing of any
charges made and | 19 |
| the time and place for a hearing of the charges before the
| 20 |
| Board, direct him or her to file his or her written
answer to | 21 |
| the Board
under
oath within 20 days after the service on him or | 22 |
| her of the notice and
inform him or her
that if he or she fails | 23 |
| to file an answer default will be taken against
him or her and
| 24 |
| his or her license or certificate may be suspended, revoked, | 25 |
| placed on
probationary status, or have other disciplinary | 26 |
| action, including limiting
the scope, nature or extent of his | 27 |
| or her practice, as the Department may
deem
proper taken with | 28 |
| regard thereto. Such written notice may be served by
personal | 29 |
| delivery or certified delivery or certified or registered mail | 30 |
| to
the Department.
In case the person fails to file an answer | 31 |
| after receiving notice, his or
her license or certificate may, | 32 |
| in the discretion of the Department, be
suspended, revoked, or | 33 |
| placed on probationary status, or the Department may
take | 34 |
| whatever disciplinary action deemed proper, including limiting | 35 |
| the
scope, nature, or extent of the person's practice or the |
|
|
|
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|
| 1 |
| imposition of a
fine, without a hearing, if the act or acts | 2 |
| charged constitute sufficient
grounds for such action under | 3 |
| this Act.
At the time and place fixed in the notice, the | 4 |
| Department
shall proceed to hear the charges and the parties or | 5 |
| their counsel shall be
accorded ample opportunity to present | 6 |
| such statements, testimony, evidence
and argument as may be | 7 |
| pertinent to the charges or to their
defense.
The Department | 8 |
| may continue the hearing from time to time.
At the discretion | 9 |
| of the Secretary
Director after having first received the
| 10 |
| recommendation of the Board, the accused person's license may
| 11 |
| be suspended,
revoked, placed on probationary status, or | 12 |
| whatever disciplinary action as
the Secretary
Director may deem | 13 |
| proper, including limiting the scope, nature,
or extent of
said | 14 |
| person's practice, without a hearing, if the act or acts | 15 |
| charged
constitute sufficient grounds for such action under | 16 |
| this Act.
| 17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 18 |
| (225 ILCS 80/26.5) (from Ch. 111, par. 3926.5)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 26.5. Subpoena; oaths. The Department shall have power | 21 |
| to subpoena
and bring
before it any person in this State and to | 22 |
| take testimony either orally or
by deposition or both, with the | 23 |
| same fees and mileage and in the same
manner as prescribed by | 24 |
| law in judicial proceedings in civil cases in
circuit courts of | 25 |
| this State.
| 26 |
| The Secretary
Director , the hearing officer and any member | 27 |
| of the Board
designated by the Secretary
Director
shall each | 28 |
| have power to administer oaths to witnesses at any hearing | 29 |
| which
the Department is authorized to conduct under this Act, | 30 |
| and any other oaths
required or authorized to be administered | 31 |
| by the Department hereunder.
| 32 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 33 |
| (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
| 34 |
| (Section scheduled to be repealed on January 1, 2007)
|
|
|
|
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|
| 1 |
| Sec. 26.6. Findings of fact, conclusions of law, and | 2 |
| recommendations.
At
the conclusion of the hearing the Board | 3 |
| shall
present to the Secretary
Director a written report of its | 4 |
| findings of fact,
conclusions of law and recommendations. The | 5 |
| report shall contain a finding
whether or not the accused | 6 |
| person violated this Act or failed to comply
with the | 7 |
| conditions required in this Act. The Board shall
specify the
| 8 |
| nature of the violation or failure to comply, and shall make | 9 |
| its
recommendations to the Secretary
Director .
| 10 |
| The report of findings of fact, conclusions of law and | 11 |
| recommendations of
the Board shall be the basis for the | 12 |
| Department's order.
If the Secretary
Director disagrees in any
| 13 |
| regard with the report of the Board, the Secretary
Director may | 14 |
| issue
an order in
contravention thereof. The Secretary
Director
| 15 |
| shall provide within 60 days of taking
such action a written | 16 |
| report to the
Board on any such deviation, and shall specify | 17 |
| with
particularity the
reasons for said action in the final | 18 |
| order. The finding is not admissible
in evidence against the | 19 |
| person in a criminal prosecution brought for the
violation of | 20 |
| this Act, but the hearing and findings are not a bar to a
| 21 |
| criminal prosecution brought for the violation of this Act.
| 22 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 23 |
| (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
| 24 |
| (Section scheduled to be repealed on January 1, 2007)
| 25 |
| Sec. 26.7. Hearing officer. Notwithstanding the provisions | 26 |
| of Section
26.6 of this
Act, the Secretary
Director shall have | 27 |
| the authority to appoint any attorney duly
licensed to practice | 28 |
| law in the State of Illinois to serve as the hearing
officer in | 29 |
| any action for discipline of a
license. The Secretary
Director
| 30 |
| shall notify the Board of any such
appointment. The hearing | 31 |
| officer shall have full authority to conduct the
hearing. The | 32 |
| Board shall have the right to have at least one
member
present | 33 |
| at any hearing conducted by such hearing officer. The hearing
| 34 |
| officer shall report his or her findings of fact, conclusions
| 35 |
| of law and recommendations to the Board and the Secretary
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| Director .
The Board shall have 60 days from receipt of the | 2 |
| report to
review the
report of the hearing officer and present | 3 |
| its findings of fact,
conclusions of law and recommendations to | 4 |
| the Secretary
Director . If the Board
fails to present its | 5 |
| report within the 60 day period, the Secretary
Director shall
| 6 |
| issue an order based on the report of the hearing officer. If | 7 |
| the Secretary
Director
disagrees in any regard with the report | 8 |
| of the Board or
hearing
officer, he or she may issue an order | 9 |
| in contravention thereof. The
Secretary
Director
shall provide | 10 |
| a written explanation to the Board on any such
deviation, and | 11 |
| shall specify with particularity the reasons for such action
in | 12 |
| the final order.
| 13 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 14 |
| (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 26.8. Service of report; rehearing; order. In any case | 17 |
| involving
the
discipline of a license, a copy of the Board's | 18 |
| report shall
be served
upon the respondent by the Department, | 19 |
| either personally or as provided in
this Act for the service of | 20 |
| the notice of hearing. Within 20 days after
such service, the | 21 |
| respondent may present to the Department a motion in
writing | 22 |
| for a rehearing, which motion shall specify the particular | 23 |
| grounds
therefor. If no motion for rehearing is filed, then | 24 |
| upon the expiration of
the time specified for filing such a | 25 |
| motion, or if a motion for rehearing
is denied, then upon such | 26 |
| denial the Secretary
Director may enter an order in
accordance | 27 |
| with this Act.
If the respondent shall order from the reporting | 28 |
| service, and pay for a
transcript of the record within the time | 29 |
| for filing a motion for rehearing,
the 20 day period within | 30 |
| which such a motion may be filed shall commence
upon the | 31 |
| delivery of the transcript to the respondent.
| 32 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 33 |
| (225 ILCS 80/26.9) (from Ch. 111, par. 3926.9)
| 34 |
| (Section scheduled to be repealed on January 1, 2007)
|
|
|
|
SB2469 |
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LRB094 16641 RAS 51909 b |
|
| 1 |
| Sec. 26.9. Substantial justice; rehearing. Whenever the | 2 |
| Secretary
Director is
satisfied that substantial
justice has | 3 |
| not been done in the revocation, suspension or refusal to issue
| 4 |
| or renew a license, the Secretary
Director may order a | 5 |
| rehearing by the same or
another hearing officer or by the | 6 |
| Board.
| 7 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 8 |
| (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
| 9 |
| (Section scheduled to be repealed on January 1, 2007)
| 10 |
| Sec. 26.10. Order or certified copy as prima facie proof. | 11 |
| An order or a
certified copy thereof, over the seal of the | 12 |
| Department and purporting to be
signed by the Secretary
| 13 |
| Director , shall be prima facie proof that:
| 14 |
| (a) the signature is the genuine signature of the | 15 |
| Secretary
Director ;
| 16 |
| (b) the Secretary
Director is duly appointed and | 17 |
| qualified;
and
| 18 |
| (c) the Board and the members thereof are
qualified to | 19 |
| act.
| 20 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 21 |
| (225 ILCS 80/26.11) (from Ch. 111, par. 3926.11)
| 22 |
| (Section scheduled to be repealed on January 1, 2007)
| 23 |
| Sec. 26.11. At any time after the suspension or revocation | 24 |
| of any
license or certificate the Department may restore it to | 25 |
| the accused person,
unless after an investigation and a | 26 |
| hearing, the Department determines that
restoration is not in | 27 |
| the public interest.
| 28 |
| (Source: P.A. 85-896.)
| 29 |
| (225 ILCS 80/26.12) (from Ch. 111, par. 3926.12)
| 30 |
| (Section scheduled to be repealed on January 1, 2007)
| 31 |
| Sec. 26.12. Upon the revocation or suspension of any | 32 |
| license or
certificate , the licensee or certificate holder
| 33 |
| shall forthwith surrender
the license to the Department and if |
|
|
|
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|
| 1 |
| the licensee fails to do so, the
Department shall have the | 2 |
| right to seize the license or certificate .
| 3 |
| (Source: P.A. 85-896.)
| 4 |
| (225 ILCS 80/26.13) (from Ch. 111, par. 3926.13)
| 5 |
| (Section scheduled to be repealed on January 1, 2007)
| 6 |
| Sec. 26.13. Temporary suspension. The Secretary
Director
| 7 |
| may temporarily suspend
the license or
certificate of an | 8 |
| optometrist without a hearing, simultaneously with the
| 9 |
| institution of proceedings for a hearing provided for in | 10 |
| Section 26.2 of
this Act, if the Secretary
Director finds that | 11 |
| evidence in his or her possession
indicates
that continuation | 12 |
| in practice would constitute an imminent danger to the
public. | 13 |
| In the event that the Secretary
Director suspends, temporarily, | 14 |
| this license
or certificate without a hearing, a hearing by the | 15 |
| Department must be held
within 30 days after such suspension | 16 |
| has occurred, and be concluded without
appreciable delay.
| 17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 18 |
| (225 ILCS 80/28) (from Ch. 111, par. 3928)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 28. It is declared to be the public policy of this | 21 |
| State,
pursuant to paragraphs (h) and (i) of Section 6 of | 22 |
| Article VII of the
Illinois Constitution of 1970, that any | 23 |
| power or function set forth in this
Act to be exercised by the | 24 |
| State is an exclusive State power or function.
Such power or | 25 |
| function shall not be exercised concurrently, either directly
| 26 |
| director
or indirectly, by any unit of
local government, | 27 |
| including home rule units, except as otherwise provided in this | 28 |
| Act.
| 29 |
| (Source: P.A. 85-896.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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|
SB2469 |
- 35 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.17 |
|
| 4 |
| 5 ILCS 80/4.27 new |
|
| 5 |
| 225 ILCS 80/3 |
from Ch. 111, par. 3903 |
| 6 |
| 225 ILCS 80/4.5 |
|
| 7 |
| 225 ILCS 80/5 |
from Ch. 111, par. 3905 |
| 8 |
| 225 ILCS 80/6 |
from Ch. 111, par. 3906 |
| 9 |
| 225 ILCS 80/7 |
from Ch. 111, par. 3907 |
| 10 |
| 225 ILCS 80/8 |
from Ch. 111, par. 3908 |
| 11 |
| 225 ILCS 80/9 |
from Ch. 111, par. 3909 |
| 12 |
| 225 ILCS 80/10 |
from Ch. 111, par. 3910 |
| 13 |
| 225 ILCS 80/11 |
from Ch. 111, par. 3911 |
| 14 |
| 225 ILCS 80/11.5 new |
|
| 15 |
| 225 ILCS 80/12 |
from Ch. 111, par. 3912 |
| 16 |
| 225 ILCS 80/13 |
from Ch. 111, par. 3913 |
| 17 |
| 225 ILCS 80/14 |
from Ch. 111, par. 3914 |
| 18 |
| 225 ILCS 80/15.1 |
|
| 19 |
| 225 ILCS 80/16 |
from Ch. 111, par. 3916 |
| 20 |
| 225 ILCS 80/17 |
from Ch. 111, par. 3917 |
| 21 |
| 225 ILCS 80/19 |
from Ch. 111, par. 3919 |
| 22 |
| 225 ILCS 80/20 |
from Ch. 111, par. 3920 |
| 23 |
| 225 ILCS 80/21 |
from Ch. 111, par. 3921 |
| 24 |
| 225 ILCS 80/23 |
from Ch. 111, par. 3923 |
| 25 |
| 225 ILCS 80/24 |
from Ch. 111, par. 3924 |
| 26 |
| 225 ILCS 80/25 |
from Ch. 111, par. 3925 |
| 27 |
| 225 ILCS 80/26.1 |
from Ch. 111, par. 3926.1 |
| 28 |
| 225 ILCS 80/26.2 |
from Ch. 111, par. 3926.2 |
| 29 |
| 225 ILCS 80/26.5 |
from Ch. 111, par. 3926.5 |
| 30 |
| 225 ILCS 80/26.6 |
from Ch. 111, par. 3926.6 |
| 31 |
| 225 ILCS 80/26.7 |
from Ch. 111, par. 3926.7 |
| 32 |
| 225 ILCS 80/26.8 |
from Ch. 111, par. 3926.8 |
| 33 |
| 225 ILCS 80/26.9 |
from Ch. 111, par. 3926.9 |
| 34 |
| 225 ILCS 80/26.10 |
from Ch. 111, par. 3926.10 |
| 35 |
| 225 ILCS 80/26.11 |
from Ch. 111, par. 3926.11 |
|
|
|
|
SB2469 |
- 36 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| 225 ILCS 80/26.12 |
from Ch. 111, par. 3926.12 |
| 2 |
| 225 ILCS 80/26.13 |
from Ch. 111, par. 3926.13 |
| 3 |
| 225 ILCS 80/28 |
from Ch. 111, par. 3928 |
| |
|