Illinois General Assembly - Full Text of SB2218
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Full Text of SB2218  98th General Assembly


Sen. Michael W. Frerichs

Filed: 4/10/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 2218 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Optometric Practice Act of 1987 is
5amended by changing Sections 3 and 9 as follows:
6    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 3. Practice of optometry defined; referrals;
9manufacture of lenses and prisms.
10    (a) The practice of optometry is defined as the employment
11of any and all means for the examination, diagnosis, and
12treatment of the human visual system, the human eye, and its
13appendages without the use of surgery, including but not
14limited to: the appropriate use of ocular pharmaceutical
15agents; refraction and other determinants of visual function;
16prescribing corrective lenses or prisms; prescribing,



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1dispensing, or management of contact lenses; vision therapy;
2visual rehabilitation; or any other procedures taught in
3schools and colleges of optometry approved by the Department,
4and not specifically restricted in this Act, subject to
5demonstrated competency and training as required by the Board,
6and pursuant to rule or regulation approved by the Board and
7adopted by the Department.
8    A person shall be deemed to be practicing optometry within
9the meaning of this Act who:
10        (1) In any way presents himself or herself to be
11    qualified to practice optometry.
12        (2) Performs refractions or employs any other
13    determinants of visual function.
14        (3) Employs any means for the adaptation of lenses or
15    prisms.
16        (4) Prescribes corrective lenses, prisms, vision
17    therapy, visual rehabilitation, or ocular pharmaceutical
18    agents.
19        (5) Prescribes or manages contact lenses for
20    refractive, cosmetic, or therapeutic purposes.
21        (6) Evaluates the need for, or prescribes, low vision
22    aids to partially sighted persons.
23        (7) Diagnoses or treats any ocular abnormality,
24    disease, or visual or muscular anomaly of the human eye or
25    visual system.
26        (8) Practices, or offers or attempts to practice,



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1    optometry as defined in this Act either on his or her own
2    behalf or as an employee of a person, firm, or corporation,
3    whether under the supervision of his or her employer or
4    not.
5    Nothing in this Section shall be interpreted (i) to prevent
6a person from functioning as an assistant under the direct
7supervision of a person licensed by the State of Illinois to
8practice optometry or medicine in all of its branches or (ii)
9to prohibit visual screening programs that are conducted
10without a fee (other than voluntary donations), by charitable
11organizations acting in the public welfare under the
12supervision of a committee composed of persons licensed by the
13State of Illinois to practice optometry or persons licensed by
14the State of Illinois to practice medicine in all of its
16    (b) When, in the course of providing optometric services to
17any person, an optometrist licensed under this Act finds an
18indication of a disease or condition of the eye which in his or
19her professional judgment requires professional service
20outside the scope of practice as defined in this Act, he or she
21shall refer such person to a physician licensed to practice
22medicine in all of its branches, or other appropriate health
23care practitioner. Nothing in this Act shall preclude an
24optometrist from rendering appropriate nonsurgical emergency
26    (c) Nothing contained in this Section shall prohibit a



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1person from manufacturing ophthalmic lenses and prisms or the
2fabrication of contact lenses according to the specifications
3prescribed by an optometrist or a physician licensed to
4practice medicine in all of its branches, but shall
5specifically prohibit (1) the sale or delivery of ophthalmic
6lenses, prisms, and contact lenses without a prescription
7signed by an optometrist or a physician licensed to practice
8medicine in all of its branches and (2) the dispensing of
9contact lenses by anyone other than a licensed optometrist,
10licensed pharmacist, or a physician licensed to practice
11medicine in all of its branches. For the purposes of this Act,
12"contact lenses" include, but are not limited to, contact
13lenses with prescriptive power and decorative and plano power
14contact lenses. Nothing in this Section shall prohibit the sale
15of contact lenses by an optical firm or corporation primarily
16engaged in manufacturing or dealing in eyeglasses or contact
17lenses with an affiliated optometrist who practices and is
18licensed or has an ancillary registration for the location
19where the sale occurs.
20    (d) Nothing in this Act shall restrict the filling of a
21prescription by a pharmacist licensed under the Pharmacy
22Practice Act.
23    (e) Nothing in this Act shall be construed to restrict the
24dispensing and sale by an optometrist of ocular devices, such
25as contact lenses, that contain and deliver ocular
26pharmaceutical agents permitted for use or prescription under



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1this Act.
2(Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
3    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
4    (Section scheduled to be repealed on January 1, 2017)
5    Sec. 9. Definitions. In this Act:
6        (1) "Department" means the Department of Financial and
7    Professional Regulation.
8        (2) "Secretary" means the Secretary of Financial and
9    Professional Regulation.
10        (3) "Board" means the Illinois Optometric Licensing
11    and Disciplinary Board appointed by the Secretary.
12        (4) "License" means the document issued by the
13    Department authorizing the person named thereon to
14    practice optometry.
15        (5) (Blank).
16        (6) "Direct supervision" means supervision of any
17    person assisting an optometrist, requiring that the
18    optometrist authorize the procedure, remain in the
19    facility while the procedure is performed, approve the work
20    performed by the person assisting before dismissal of the
21    patient, but does not mean that the optometrist must be
22    present with the patient, during the procedure. For the
23    dispensing of contact lenses, "direct supervision" means
24    that the optometrist is responsible for training the person
25    assisting the optometrist in the dispensing or sale of



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1    contact lenses, but does not mean that the optometrist must
2    be present in the facility where he or she practices under
3    a license or ancillary registration at the time the
4    contacts are dispensed or sold.
5(Source: P.A. 94-787, eff. 5-19-06.)".
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".