Full Text of SB0870 99th General Assembly
SB0870ham002 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 11/14/2016
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| 1 | | AMENDMENT TO SENATE BILL 870
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 870, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Regulatory Sunset Act is amended by | 6 | | changing Sections 4.27 and 4.37 and adding Section 4.27a as | 7 | | follows: | 8 | | (5 ILCS 80/4.27) | 9 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
| 10 | | are repealed on January 1, 2017:
| 11 | | The Illinois Optometric Practice Act of 1987. | 12 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 13 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, | 14 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-572, eff. 7-15-16.) |
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| 1 | | (5 ILCS 80/4.27a new) | 2 | | Sec. 4.27a. Act repealed on December 31, 2017. The | 3 | | following Act is repealed on December 31, 2017: | 4 | | The Medical Practice Act of 1987. | 5 | | (5 ILCS 80/4.37) | 6 | | Sec. 4.37. Acts repealed on January 1, 2027. The following | 7 | | Act is repealed on January 1, 2027: | 8 | | The Clinical Psychologist Licensing Act.
| 9 | | The Illinois Optometric Practice Act of 1987. | 10 | | (Source: P.A. 99-572, eff. 7-15-16.) | 11 | | (5 ILCS 80/4.26a rep.) | 12 | | Section 10. The Regulatory Sunset Act is amended by | 13 | | repealing Section 4.26a. | 14 | | Section 15. The Medical Practice Act of 1987 is amended by | 15 | | changing Section 21 as follows:
| 16 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| 17 | | (Section scheduled to be repealed on December 31, 2016)
| 18 | | Sec. 21. License renewal; reinstatement; inactive status; | 19 | | disposition and
collection of fees. | 20 | | (A) Renewal. The expiration date and renewal period for | 21 | | each
license issued under this Act shall be set by rule. The | 22 | | holder of a
license may renew the license by paying the |
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| 1 | | required fee. The
holder of a
license may also renew the | 2 | | license within 90 days after its expiration by
complying with | 3 | | the requirements for renewal and payment of an additional
fee. | 4 | | A license renewal within 90 days after expiration shall be | 5 | | effective
retroactively to the expiration date.
| 6 | | The Department shall attempt to provide through electronic | 7 | | means mail to each licensee under this Act , at his or her | 8 | | address of record , at least 60 days in advance of the | 9 | | expiration date of his or her license, a renewal notice. No | 10 | | such license shall be deemed to have lapsed until 90 days after | 11 | | the expiration date and after the Department has attempted to | 12 | | provide such notice has been mailed by the Department as herein | 13 | | provided. | 14 | | (B) Reinstatement. Any licensee who has permitted his or | 15 | | her
license to lapse or who has had his or her license on | 16 | | inactive
status may have his or her license reinstated by | 17 | | making application
to the Department and filing proof | 18 | | acceptable to the
Department of his or her fitness to have the
| 19 | | license reinstated,
including evidence certifying to active | 20 | | practice in another
jurisdiction satisfactory to the | 21 | | Department, proof of meeting the continuing
education | 22 | | requirements for one renewal period, and by paying
the required | 23 | | reinstatement fee.
| 24 | | If the licensee has not maintained an active practice
in | 25 | | another jurisdiction satisfactory to the Department, the
| 26 | | Licensing Board shall determine, by an evaluation program
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| 1 | | established by rule, the applicant's fitness to resume active
| 2 | | status
and may require the licensee to complete a period of
| 3 | | evaluated clinical experience and may require successful
| 4 | | completion of a practical examination specified by the | 5 | | Licensing Board.
| 6 | | However, any registrant whose license has expired while
he | 7 | | or she has been engaged (a) in Federal Service on active
duty
| 8 | | with the Army of the United States, the United States Navy,
the | 9 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health | 10 | | Service or the State Militia called into the service
or | 11 | | training of the United States of America, or (b) in
training or | 12 | | education under the supervision of the United
States | 13 | | preliminary to induction into the military service,
may have | 14 | | his or her license reinstated without paying
any lapsed renewal | 15 | | fees, if within 2 years after honorable
termination of such | 16 | | service, training, or education, he or she
furnishes to the | 17 | | Department with satisfactory evidence to the
effect that he or | 18 | | she has been so engaged and that his or
her
service, training, | 19 | | or education has been so terminated.
| 20 | | (C) Inactive licenses. Any licensee who notifies the
| 21 | | Department, in writing on forms prescribed by the
Department, | 22 | | may elect to place his or her license on an inactive
status and | 23 | | shall, subject to rules of the Department, be
excused from | 24 | | payment of renewal fees until he or she notifies the
Department | 25 | | in writing of his or her desire to resume active
status.
| 26 | | Any licensee requesting reinstatement from inactive
status |
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| 1 | | shall be required to pay the current renewal fee, provide proof | 2 | | of
meeting the continuing education requirements for the period | 3 | | of time the
license is inactive not to exceed one renewal | 4 | | period, and
shall be required to reinstate his or her license | 5 | | as provided
in
subsection (B).
| 6 | | Any licensee whose license is in an inactive status
shall | 7 | | not practice in the State of Illinois.
| 8 | | (D) Disposition of monies collected. All monies
collected | 9 | | under this Act by the Department shall be
deposited in the | 10 | | Illinois State Medical Disciplinary Fund in
the State Treasury, | 11 | | and used only for the following
purposes: (a) by the | 12 | | Disciplinary
Board and Licensing Board in the exercise of its | 13 | | powers and performance of its
duties, as such use is made by | 14 | | the Department with full
consideration of all recommendations | 15 | | of the
Disciplinary Board and Licensing Board, (b) for costs | 16 | | directly related to
persons licensed under this Act, and (c) | 17 | | for direct and allocable indirect
costs related to the public | 18 | | purposes of the Department.
| 19 | | Moneys in the Fund may be transferred to the Professions | 20 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 21 | | Department of Professional
Regulation Law (20 ILCS | 22 | | 2105/2105-300).
| 23 | | The State Comptroller shall order and the State Treasurer | 24 | | shall transfer an amount equal to $1,100,000 from the Illinois | 25 | | State Medical Disciplinary Fund to the Local Government Tax | 26 | | Fund on each of the following dates: July 1, 2014, October 1, |
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| 1 | | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and | 2 | | January 1, 2018. These transfers shall constitute repayment of | 3 | | the $6,600,000 transfer made under Section 6z-18 of the State | 4 | | Finance Act. | 5 | | All earnings received from investment of monies in the
| 6 | | Illinois State Medical Disciplinary Fund shall be deposited
in | 7 | | the Illinois State Medical Disciplinary Fund and shall be
used | 8 | | for the same purposes as fees deposited in such Fund.
| 9 | | (E) Fees. The following fees are nonrefundable.
| 10 | | (1) Applicants for any examination shall be required
to | 11 | | pay, either to the Department or to the designated
testing | 12 | | service, a fee covering the cost of determining the
| 13 | | applicant's eligibility and providing the examination.
| 14 | | Failure to appear for the examination on the scheduled | 15 | | date,
at the time and place specified, after the | 16 | | applicant's
application for examination has been received | 17 | | and
acknowledged by the Department or the designated | 18 | | testing
service, shall result in the forfeiture of the | 19 | | examination
fee.
| 20 | | (2) Before July 1, 2018, the fee for a license under | 21 | | Section 9 of this Act
is $700. Beginning on July 1, 2018, | 22 | | the fee for a license under Section 9 of this Act is $500.
| 23 | | (3) Before July 1, 2018, the fee for a license under | 24 | | Section 19 of this Act
is $700. Beginning on July 1, 2018, | 25 | | the fee for a license under Section 19 of this Act is $500.
| 26 | | (4) Before July 1, 2018, the fee for the renewal of a |
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| 1 | | license for a resident of Illinois
shall be calculated at | 2 | | the rate of $230 per year, and beginning on July 1, 2018, | 3 | | the fee for the renewal of a license shall be $167, except | 4 | | for licensees
who were issued a license within 12 months of | 5 | | the expiration date of the
license, before July 1, 2018, | 6 | | the fee for the renewal shall be $230, and beginning on | 7 | | July 1, 2018 that fee will be $167. Before July 1, 2018, | 8 | | the fee for the renewal
of a license for a nonresident | 9 | | shall be calculated at the rate of $460 per
year, and | 10 | | beginning on July 1, 2018, the fee for the renewal of a | 11 | | license for a nonresident shall be $250, except for | 12 | | licensees
who were issued a license within 12 months of the | 13 | | expiration date of the
license, before July 1, 2018, the | 14 | | fee for the renewal shall be $460, and beginning on July 1, | 15 | | 2018 that fee will be $250.
| 16 | | (5) The fee for the reinstatement of a license other
| 17 | | than from inactive status, is $230. In addition, payment of | 18 | | all
lapsed renewal fees not to exceed $1,400 is required.
| 19 | | (6) The fee for a 3-year temporary license under
| 20 | | Section 17 is $230.
| 21 | | (7) The fee for the issuance of a duplicate license,
| 22 | | for the issuance of a replacement license for a license
| 23 | | which has been lost or destroyed, or for the issuance of a
| 24 | | license with a change of name or address other than during
| 25 | | the renewal period is $20. No fee is required for name and
| 26 | | address changes on Department records when no duplicate
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| 1 | | license is issued.
| 2 | | (8) The fee to be paid for a license record for any
| 3 | | purpose is $20.
| 4 | | (9) The fee to be paid to have the scoring of an
| 5 | | examination, administered by the Department, reviewed and
| 6 | | verified, is $20 plus any fees charged by the applicable
| 7 | | testing service.
| 8 | | (10) The fee to be paid by a licensee for a wall
| 9 | | certificate showing his or her license shall be the actual | 10 | | cost
of producing the certificate as determined by the | 11 | | Department.
| 12 | | (11) The fee for a roster of persons licensed as
| 13 | | physicians in this State shall be the actual cost of
| 14 | | producing such a roster as determined by the Department.
| 15 | | (F) Any person who delivers a check or other payment to the | 16 | | Department that
is returned to the Department unpaid by the | 17 | | financial institution upon
which it is drawn shall pay to the | 18 | | Department, in addition to the amount
already owed to the | 19 | | Department, a fine of $50. The fines imposed by this Section | 20 | | are in addition
to any other discipline provided under this Act | 21 | | for unlicensed
practice or practice on a nonrenewed license. | 22 | | The Department shall notify
the person that payment of fees and | 23 | | fines shall be paid to the Department
by certified check or | 24 | | money order within 30 calendar days of the
notification. If, | 25 | | after the expiration of 30 days from the date of the
| 26 | | notification, the person has failed to submit the necessary |
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| 1 | | remittance, the
Department shall automatically terminate the | 2 | | license or permit or deny
the application, without hearing. If, | 3 | | after termination or denial, the
person seeks a license or | 4 | | permit, he or she shall apply to the
Department for | 5 | | reinstatement or issuance of the license or permit and
pay all | 6 | | fees and fines due to the Department. The Department may | 7 | | establish
a fee for the processing of an application for | 8 | | reinstatement of a license or permit
to pay all expenses of | 9 | | processing this application. The Secretary
may waive the fines | 10 | | due under this Section in individual cases where the
Secretary | 11 | | finds that the fines would be unreasonable or unnecessarily
| 12 | | burdensome.
| 13 | | (Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13; | 14 | | 98-1140, eff. 12-30-14 .)
| 15 | | Section 20. The Illinois Optometric Practice Act of 1987 is | 16 | | amended by changing Sections 3, 9, 10, 11, 14, 15.1, 18, 20, | 17 | | 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15, and 27 and by adding | 18 | | Sections 9.5, 15.3, and 30 as follows:
| 19 | | (225 ILCS 80/3) (from Ch. 111, par. 3903)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 3. Practice of optometry defined; referrals; | 22 | | manufacture of lenses
and prisms. | 23 | | (a) The practice of optometry is defined as the employment | 24 | | of any
and all means for the examination, diagnosis, and |
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| 1 | | treatment of the human
visual system, the human eye, and its | 2 | | appendages without the use of
surgery, including , but not | 3 | | limited to: the appropriate
use of ocular
pharmaceutical | 4 | | agents; refraction and other determinants of visual function;
| 5 | | prescribing corrective lenses or prisms; prescribing, | 6 | | dispensing, or management
of contact lenses; vision therapy; | 7 | | visual rehabilitation; or any other
procedures taught in | 8 | | schools and colleges of optometry approved by the
Department, | 9 | | and not specifically restricted in this Act, subject to
| 10 | | demonstrated competency and training as required by the Board, | 11 | | and pursuant
to rule or regulation approved by the Board and | 12 | | adopted by
the Department.
| 13 | | A person shall be deemed to be practicing optometry within | 14 | | the meaning of
this Act who:
| 15 | | (1) In any way presents himself or herself to be | 16 | | qualified to
practice optometry.
| 17 | | (2) Performs refractions or employs any other | 18 | | determinants of
visual function.
| 19 | | (3) Employs any means for the adaptation of lenses or | 20 | | prisms.
| 21 | | (4) Prescribes corrective lenses, prisms, vision | 22 | | therapy,
visual rehabilitation, or ocular pharmaceutical | 23 | | agents.
| 24 | | (5) Prescribes or manages contact lenses for | 25 | | refractive,
cosmetic, or therapeutic purposes.
| 26 | | (6) Evaluates the need for, or prescribes, low vision |
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| 1 | | aids to
partially sighted persons.
| 2 | | (7) Diagnoses or treats any ocular abnormality, | 3 | | disease, or
visual or muscular anomaly of the human eye or | 4 | | visual system.
| 5 | | (8) Practices, or offers or attempts to practice, | 6 | | optometry as defined in
this Act either on his or her own | 7 | | behalf or as an employee
of a person, firm,
or corporation, | 8 | | whether under the supervision of his or her employer or | 9 | | not. | 10 | | Nothing in this Section shall be interpreted (A) (i) to | 11 | | prevent a person from
functioning as an assistant under the | 12 | | direct supervision of a person licensed
by the State of | 13 | | Illinois to practice optometry or medicine in all of its
| 14 | | branches or (B) (ii) to prohibit visual screening programs that
| 15 | | are conducted without a fee (other than voluntary donations), | 16 | | by
charitable organizations
acting in the public welfare under
| 17 | | the supervision of a committee composed of persons licensed by | 18 | | the State of
Illinois to practice optometry or persons licensed | 19 | | by the State of Illinois
to practice medicine in all of its | 20 | | branches.
| 21 | | (b) When, in the course of providing optometric services to | 22 | | any person,
an optometrist licensed under this Act finds an | 23 | | indication of a disease or
condition of the eye which in his or | 24 | | her professional judgment requires
professional service | 25 | | outside the scope of practice as defined in this Act,
he or she | 26 | | shall refer such person to a physician licensed to practice |
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| 1 | | medicine
in all of its branches, or other appropriate health | 2 | | care practitioner.
Nothing in this Act shall preclude an | 3 | | optometrist from rendering appropriate nonsurgical
emergency | 4 | | care.
| 5 | | (c) Nothing contained in this Section shall prohibit a | 6 | | person from
manufacturing ophthalmic lenses and prisms or the | 7 | | fabrication
of contact lenses according to the specifications | 8 | | prescribed by an optometrist
or a physician licensed to | 9 | | practice medicine in all of its branches, but shall
| 10 | | specifically prohibit (1) the sale or delivery of ophthalmic
| 11 | | lenses, prisms, and contact lenses without a prescription | 12 | | signed by an
optometrist or a physician licensed to practice | 13 | | medicine in all of its
branches and (2) the dispensing of | 14 | | contact lenses by anyone other than a licensed optometrist, | 15 | | licensed pharmacist, or a physician licensed to practice | 16 | | medicine in all of its branches. For the purposes of this Act, | 17 | | "contact lenses" include, but are not limited to, contact | 18 | | lenses with prescriptive power and decorative and plano power | 19 | | contact lenses. Nothing in this Section shall prohibit the sale | 20 | | of contact lenses by an optical firm or corporation primarily | 21 | | engaged in manufacturing or dealing in eyeglasses or contact | 22 | | lenses with an affiliated optometrist who practices and is | 23 | | licensed or has an ancillary registration for the location | 24 | | where the sale occurs.
| 25 | | (d) Nothing in this Act shall restrict the filling of a | 26 | | prescription by a
pharmacist licensed under the Pharmacy |
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| 1 | | Practice Act. | 2 | | (e) Nothing in this Act shall be construed to restrict the | 3 | | dispensing and sale by an optometrist of ocular devices, such | 4 | | as contact lenses, that contain and deliver ocular | 5 | | pharmaceutical agents permitted for use or prescription under | 6 | | this Act.
| 7 | | (f) On and after January 1, 2018, nothing in this Act shall | 8 | | prohibit an optometrist who is
certified by a school of | 9 | | optometry approved by the Department from performing advanced | 10 | | optometric procedures, pursuant to educational
requirements | 11 | | established by rule, that are
consistent with the | 12 | | recommendations of the Collaborative | 13 | | Optometric/Ophthalmological Task Force created in Section 15.3 | 14 | | of this Act and that are taught
(1) at an accredited, private | 15 | | 4-year school of optometry that is located in a city in | 16 | | Illinois with a population in excess of
1,500,000, or (2) at a | 17 | | school of optometry with a curriculum that is substantially | 18 | | similar to the
curriculum taught at the school of optometry | 19 | | described in item (1) of this subsection.
Advanced optometric | 20 | | procedures do not include the use of lasers. | 21 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 22 | | (225 ILCS 80/9) (from Ch. 111, par. 3909)
| 23 | | (Section scheduled to be repealed on January 1, 2017)
| 24 | | Sec. 9. Definitions. In this Act:
| 25 | | (1) "Department" means the Department of Financial and
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| 1 | | Professional
Regulation.
| 2 | | (2) "Secretary" means the Secretary
of Financial and | 3 | | Professional Regulation.
| 4 | | (3) "Board" means the Illinois Optometric
Licensing | 5 | | and
Disciplinary
Board appointed by the Secretary.
| 6 | | (4) "License" means the document issued by the | 7 | | Department
authorizing the
person named thereon to | 8 | | practice optometry.
| 9 | | (5) (Blank).
| 10 | | (6) "Direct supervision" means supervision of any | 11 | | person
assisting
an
optometrist, requiring that the | 12 | | optometrist authorize the procedure, remain
in the | 13 | | facility while the procedure is performed, approve the work
| 14 | | performed by the person assisting before dismissal of the | 15 | | patient, but does
not mean that the optometrist must be | 16 | | present with the patient, during the
procedure. For the | 17 | | dispensing of contact lenses, "direct supervision" means | 18 | | that the optometrist is responsible for training the person | 19 | | assisting the optometrist in the dispensing or sale of | 20 | | contact lenses, but does not mean that the optometrist must | 21 | | be present in the facility where he or she practices under | 22 | | a license or ancillary registration at the time the | 23 | | contacts are dispensed or sold.
| 24 | | (7) "Address of record" means the designated address | 25 | | recorded by the Department in the applicant's application | 26 | | file or the licensee's license file maintained by the |
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| 1 | | Department's licensure maintenance unit. | 2 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 3 | | (225 ILCS 80/9.5 new) | 4 | | Sec. 9.5. Change of address. It is the duty of the | 5 | | applicant or licensee to inform the Department of any change of | 6 | | address within 14 days after such change either through the | 7 | | Department's website or by contacting the Department's | 8 | | licensure maintenance unit.
| 9 | | (225 ILCS 80/10) (from Ch. 111, par. 3910)
| 10 | | (Section scheduled to be repealed on January 1, 2017)
| 11 | | Sec. 10. Powers and duties of Department; rules; report. | 12 | | The Department
shall exercise the powers and duties
prescribed | 13 | | by the Civil Administrative Code of Illinois for the
| 14 | | administration of Licensing Acts and shall exercise such other | 15 | | powers and
duties necessary for effectuating the purpose of | 16 | | this Act.
| 17 | | The Secretary shall promulgate Rules consistent with the | 18 | | provisions of
this Act, for the administration and enforcement | 19 | | thereof and may prescribe
forms that shall be issued in | 20 | | connection therewith. The rules
shall
include standards and | 21 | | criteria for licensure and certification, and
professional | 22 | | conduct and discipline.
| 23 | | The Department shall consult with the Board in promulgating
| 24 | | rules.
Notice of proposed rulemaking shall be transmitted to |
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| 1 | | the Board and the
Department shall review the Board's responses | 2 | | and any
recommendations
made therein. The Department shall | 3 | | notify the Board in
writing with
explanations of deviations | 4 | | from the Board's recommendations
and
responses. The Department | 5 | | may solicit the advice of the Board on any
matter relating to | 6 | | the administration and enforcement of this Act.
| 7 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 8 | | (225 ILCS 80/11) (from Ch. 111, par. 3911)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 11. Optometric Licensing and Disciplinary Board. The | 11 | | Secretary shall
appoint an Illinois Optometric Licensing
and | 12 | | Disciplinary Board as follows: Seven persons who shall be
| 13 | | appointed
by and shall serve in an advisory capacity to the | 14 | | Secretary. Five members
must be lawfully and actively engaged | 15 | | in the practice of optometry in this
State, one member shall be | 16 | | a licensed optometrist, with a full-time faculty appointment | 17 | | with the
Illinois College of
Optometry, and one member must be | 18 | | a member of the public who shall be a
voting member and is not | 19 | | licensed under this Act, or a
similar Act of
another | 20 | | jurisdiction, or have any connection with the profession. | 21 | | Neither
the public member nor the faculty member shall | 22 | | participate in the
preparation or administration of the | 23 | | examination of applicants for
licensure.
| 24 | | Members shall serve 4-year terms and until their successors
| 25 | | are appointed
and qualified. No member shall be appointed to
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| 1 | | the Board for more than 2 successive 4-year terms, not counting | 2 | | any partial
terms when appointed to fill the unexpired portion | 3 | | of a vacated term. Appointments to
fill
vacancies shall be made | 4 | | in the same manner as original appointments, for
the unexpired | 5 | | portion of the vacated term.
| 6 | | The Board shall annually elect a chairperson and a
| 7 | | vice-chairperson, both of whom shall be licensed optometrists.
| 8 | | The membership of the Board should reasonably reflect
| 9 | | representation
from the geographic areas in this State.
| 10 | | A majority of the Board members currently appointed shall | 11 | | constitute a
quorum. A vacancy in the membership of the Board | 12 | | shall not impair the right of
a quorum to perform all of the | 13 | | duties of the Board.
| 14 | | The Secretary may terminate the appointment of any member | 15 | | for cause.
| 16 | | The members of the Board shall be reimbursed for all | 17 | | authorized legitimate and necessary expenses incurred in | 18 | | attending the meetings of the Board. | 19 | | Members of the Board shall have no liability in any action | 20 | | based upon any disciplinary proceeding or other activity | 21 | | performed in good faith as a member of the Board. | 22 | | The Secretary shall give due consideration to all | 23 | | recommendations of the
Board , and in the event that the | 24 | | Secretary disagrees with or
takes
action contrary to the | 25 | | recommendation of the Board, he or
she shall provide
the Board | 26 | | with a written and specific explanation of this
action. None
of |
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| 1 | | the functions, powers or duties of the Department with respect | 2 | | to
policy matters relating to licensure, discipline, and | 3 | | examination,
including the promulgation of such rules as may
be | 4 | | necessary for the administration of this Act, shall be | 5 | | exercised by the
Department except upon review of the Board .
| 6 | | Without, in any manner, limiting the power of the | 7 | | Department to conduct
investigations, the Board may recommend | 8 | | to the Secretary that
one or more
licensed optometrists be | 9 | | selected by the Secretary to conduct or assist in any
| 10 | | investigation pursuant to this Act. Such licensed optometrist | 11 | | may receive
remuneration as determined by the Secretary.
| 12 | | (Source: P.A. 96-270, eff. 1-1-10.)
| 13 | | (225 ILCS 80/14) (from Ch. 111, par. 3914)
| 14 | | (Section scheduled to be repealed on January 1, 2017)
| 15 | | Sec. 14. A person shall be qualified for initial licensure | 16 | | as an optometrist
if that person has applied in writing in form | 17 | | and substance satisfactory to
the Department and who:
| 18 | | (1) (blank) has not been convicted of any of the provisions | 19 | | of Section 24 of
this Act which would be grounds for discipline | 20 | | under this Act ;
| 21 | | (2) has graduated, after January 1, 1994, from a program of | 22 | | optometry education approved by the
Department or has | 23 | | graduated, prior to January 1, 1994, and has met substantially | 24 | | equivalent criteria established by the Department;
| 25 | | (3) (blank); and
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| 1 | | (4) has met all examination requirements including the | 2 | | passage of a
nationally recognized examination authorized by | 3 | | the Department. Each
applicant shall be tested on theoretical | 4 | | knowledge and clinical practice
skills.
| 5 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 6 | | (225 ILCS 80/15.1)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 15.1. Diagnostic and therapeutic authority.
| 9 | | (a) For purposes of the Act, "ocular pharmaceutical
agents" | 10 | | means topical anesthetics, topical mydriatics, topical
| 11 | | cycloplegics, topical miotics and mydriatic reversing agents, | 12 | | anti-infective agents,
anti-allergy agents,
anti-glaucoma | 13 | | agents (except oral carbonic anhydrase inhibitors, which may be | 14 | | prescribed only in a quantity sufficient to provide treatment | 15 | | for up to 30 days 72 hours ),
anti-inflammatory agents (except | 16 | | oral steroids , which may be prescribed only in a quantity | 17 | | sufficient to provide treatment for up to 7 days ), | 18 | | over-the-counter agents, analgesic
agents, anti-dry eye | 19 | | agents, and agents for the treatment of hypotrichosis. | 20 | | (a-3) In addition to ocular pharmaceutical agents that fall | 21 | | within the categories set forth in subsection (a) of this | 22 | | Section, the Board may add a pharmaceutical agent approved by | 23 | | the FDA or class of agents for the purpose of the diagnosis or | 24 | | treatment of conditions of the eye and adnexa after | 25 | | consideration of the agent's systemic effects, side effects, |
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| 1 | | and the use of the agent within the practice of optometry. The | 2 | | Board shall consider requests for additional agents and make | 3 | | recommendations within 90 days after the receipt of the | 4 | | request. | 5 | | Within 45 days after the Board's recommendation to the | 6 | | Department of a pharmaceutical agent or class of agents, the | 7 | | Department shall promulgate rules necessary to allow for the | 8 | | prescribing or administering of the pharmaceutical agent or | 9 | | class of agents under this Act. | 10 | | (a-5) Ocular pharmaceutical agents administered by | 11 | | injection may be used only for the treatment of anaphylaxis. | 12 | | (a-10) Oral pharmaceutical agents may be prescribed for a | 13 | | child under 5 years of age only in consultation with a | 14 | | physician licensed to practice medicine in all its branches. | 15 | | (a-15) The authority to prescribe a Schedule III, IV, or V | 16 | | controlled substance shall include analgesic agents only in a | 17 | | quantity sufficient to provide treatment for up to 72 hours. | 18 | | The prescription of a Schedule II controlled substance is | 19 | | prohibited, except for Dihydrocodeinone (Hydrocodone) with one | 20 | | or more active, non-narcotic ingredients only in a quantity | 21 | | sufficient to provide treatment for up to 72 hours, and only if | 22 | | such formulations of Dihydrocodeinone are reclassified as | 23 | | Schedule II by federal regulation.
| 24 | | (b) A licensed optometrist may remove superficial foreign | 25 | | bodies from the human eye and adnexa and may give orders for | 26 | | patient care to a nurse or other health care provider licensed |
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| 1 | | to practice under Illinois law.
| 2 | | (c) An optometrist's license shall be revoked or suspended | 3 | | by the Department
upon recommendation of the Board based upon | 4 | | either of the
following causes: | 5 | | (1) grave or repeated misuse of any ocular
| 6 | | pharmaceutical agent; and | 7 | | (2) the use of any agent or procedure in the course of | 8 | | optometric practice
by an optometrist not properly | 9 | | authorized under this Act. | 10 | | (d) The Secretary of Financial and Professional Regulation | 11 | | shall notify
the Director of Public Health as to the categories | 12 | | of ocular
pharmaceutical agents permitted for use by an | 13 | | optometrist. The Director of Public Health shall in turn
notify | 14 | | every licensed pharmacist in the State of the categories of | 15 | | ocular
pharmaceutical agents that can be utilized and | 16 | | prescribed by an optometrist.
| 17 | | (Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
| 18 | | (225 ILCS 80/15.3 new) | 19 | | Sec. 15.3. The Collaborative Optometric/Ophthalmological | 20 | | Task Force. In order to protect the public and provide quality | 21 | | care, a Collaborative
Optometric/Ophthalmological Task Force | 22 | | is established. This Task Force shall collaboratively develop | 23 | | minimum
educational requirements for an optometrist to perform | 24 | | advanced optometric procedures. Advanced optometric
procedures | 25 | | do not include the use of lasers. |
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| 1 | | The Collaborative Optometric/Ophthalmological Task Force | 2 | | shall be comprised of a representative of a
statewide | 3 | | organization representing optometry, a representative of a | 4 | | statewide organization representing
ophthalmology, a | 5 | | representative of a statewide organization representing | 6 | | physicians licensed to practice medicine in all
of its | 7 | | branches, a representative of an accredited, private 4-year | 8 | | school of optometry located in a city in Illinois with a | 9 | | population of more than 1,500,000 persons. The Department shall | 10 | | provide
administrative support to the Collaborative | 11 | | Optometric/Ophthalmological Task Force. The Task Force shall | 12 | | meet at least
monthly. | 13 | | No later than September 1, 2017, the statewide organization | 14 | | representing ophthalmology shall
provide to the Collaborative | 15 | | Optometric/Ophthalmological Task Force its recommended minimum | 16 | | educational
requirements for a licensed optometrist to obtain a | 17 | | certification to perform advanced optometric procedures. | 18 | | No later than January 1, 2018, the Department, in direct | 19 | | consultation with the Collaborative
| 20 | | Optometric/Ophthalmological Task Force, shall propose rules | 21 | | for adoption that are consistent with the Task Force's | 22 | | recommendations, or recommend legislation to the General
| 23 | | Assembly, providing educational requirements that must be met | 24 | | for an optometrist to obtain certification from a
school of | 25 | | optometry approved by the Department to perform advanced | 26 | | optometric procedures as taught (1) at an accredited, private |
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| 1 | | 4-year school
of optometry that is located in a city in | 2 | | Illinois with a population in excess of 1,500,000, or (2) at a | 3 | | school of optometry
with a curriculum that is substantially | 4 | | similar to the curriculum taught at the school of optometry | 5 | | described in item (1) of
this paragraph.
| 6 | | (225 ILCS 80/18) (from Ch. 111, par. 3918)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 18. Endorsement. The Department may, in its | 9 | | discretion, license as
an
optometrist, without examination on | 10 | | payment of the required fee, an
applicant who is so licensed | 11 | | under the laws of another state or U.S. jurisdiction of the | 12 | | United States. The Department may issue a license, upon payment | 13 | | of the required fee and recommendation of the Board, to an | 14 | | individual applicant who is licensed in any foreign country or | 15 | | province whose standards, in the opinion of the Board or | 16 | | Department ,
if the requirements for licensure in the | 17 | | jurisdiction in which the
applicant was licensed, were, at the | 18 | | date of his or her licensure,
substantially
equivalent to the | 19 | | requirements then in force in this State;
or if the applicant | 20 | | possesses individual qualifications and skills which
| 21 | | demonstrate substantial equivalence to current Illinois | 22 | | requirements.
| 23 | | Applicants have 3 years from the date of application to | 24 | | complete the
application process. If the process has not been | 25 | | completed in 3 years, the
application shall be denied, the fee |
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| 1 | | forfeited and the applicant must
reapply and meet the | 2 | | requirements in effect at the time of reapplication.
| 3 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 4 | | (225 ILCS 80/20) (from Ch. 111, par. 3920)
| 5 | | (Section scheduled to be repealed on January 1, 2017)
| 6 | | Sec. 20. Fund. All moneys received by the Department | 7 | | pursuant to this
Act
shall be deposited in the Optometric | 8 | | Licensing and Disciplinary Board
Fund, which is hereby created | 9 | | as a special fund in the State Treasury, and
shall be used for | 10 | | the administration of this Act, including: (a) by
the Board and | 11 | | Department in the exercise of its powers and performance of
its | 12 | | duties ,
as such use is made by the Department with full | 13 | | consideration of all
recommendations of the Board ; (b) for
| 14 | | costs directly related to license renewal of persons licensed | 15 | | under this Act;
and (c) for direct and allocable indirect costs | 16 | | related to the
public purposes
of the Department of Financial | 17 | | and Professional Regulation.
Subject to appropriation, moneys | 18 | | in the Optometric Licensing and
Disciplinary Board Fund may be | 19 | | used for
the
Optometric Education Scholarship Program | 20 | | administered by the Illinois Student
Assistance Commission | 21 | | pursuant to Section 65.70 of the Higher Education Student
| 22 | | Assistance Act.
| 23 | | Moneys in the Fund may be transferred to the Professions | 24 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 25 | | Department of
Professional Regulation Law (20 ILCS |
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| 1 | | 2105/2105-300).
| 2 | | Money in the Optometric Licensing and Disciplinary Board
| 3 | | Fund may be
invested and reinvested, with all earnings received | 4 | | from such investment to
be deposited in the Optometric | 5 | | Licensing and Disciplinary Board Fund
and used for the same | 6 | | purposes as fees deposited in such fund.
| 7 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 8 | | (225 ILCS 80/21) (from Ch. 111, par. 3921)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 21. The Department shall maintain a roster of the | 11 | | names and
addresses of all licensees
and of all persons whose
| 12 | | licenses have been suspended or revoked . This roster shall
be | 13 | | available upon written request and payment of the required fee.
| 14 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 15 | | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 16 | | (Section scheduled to be repealed on January 1, 2017)
| 17 | | Sec. 24. Grounds for disciplinary action.
| 18 | | (a) The Department may refuse to issue or to renew, or may
| 19 | | revoke, suspend, place on probation, reprimand or take other
| 20 | | disciplinary or non-disciplinary action as the Department may | 21 | | deem appropriate, including fines not
to exceed $10,000 for | 22 | | each violation, with regard to any license for any one or | 23 | | combination of the causes set forth in subsection (a-3) of this | 24 | | Section. All fines collected under this Section shall be |
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| 1 | | deposited in the Optometric Licensing and Disciplinary Board | 2 | | Fund. Any fine imposed shall be payable within 60 days after | 3 | | the effective date of the order imposing the fine.
| 4 | | (a-3) Grounds for disciplinary action include the | 5 | | following: | 6 | | (1) Violations of this Act, or of the rules promulgated
| 7 | | hereunder.
| 8 | | (2) Conviction of or entry of a plea of guilty to any | 9 | | crime under the laws of any U.S. jurisdiction
thereof that | 10 | | is a felony or that is a misdemeanor of which an essential | 11 | | element
is dishonesty, or any crime that is directly | 12 | | related to the practice of the
profession.
| 13 | | (3) Making any misrepresentation for the purpose of | 14 | | obtaining a
license.
| 15 | | (4) Professional incompetence or gross negligence in | 16 | | the
practice of optometry.
| 17 | | (5) Gross malpractice, prima facie evidence
of which | 18 | | may be a conviction or judgment of
malpractice in any court | 19 | | of competent jurisdiction.
| 20 | | (6) Aiding or assisting another person in violating any
| 21 | | provision of this Act or rules.
| 22 | | (7) Failing, within 60 days, to provide information in | 23 | | response
to a
written request made by the Department that | 24 | | has been sent by
certified or
registered mail to the | 25 | | licensee's last known address.
| 26 | | (8) Engaging in dishonorable, unethical, or |
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| 1 | | unprofessional
conduct of a
character likely to deceive, | 2 | | defraud, or harm the public.
| 3 | | (9) Habitual or excessive use or addiction to alcohol,
| 4 | | narcotics,
stimulants or any other chemical agent or drug | 5 | | that results in
the
inability to practice with reasonable | 6 | | judgment, skill, or safety.
| 7 | | (10) Discipline by another U.S. jurisdiction or | 8 | | foreign
nation, if at
least one of the grounds for the | 9 | | discipline is the same or substantially
equivalent to those | 10 | | set forth herein.
| 11 | | (11) Violation of the prohibition against fee | 12 | | splitting in Section 24.2 of this Act.
| 13 | | (12) A finding by the Department that the licensee, | 14 | | after
having his or
her
license placed on probationary | 15 | | status has violated the terms of
probation.
| 16 | | (13) Abandonment of a patient.
| 17 | | (14) Willfully making or filing false records or | 18 | | reports in
his or her
practice,
including but not limited | 19 | | to false records filed with State agencies or
departments.
| 20 | | (15) Willfully failing to report an instance of | 21 | | suspected
abuse or
neglect as required by law.
| 22 | | (16) Physical illness, including but not limited to,
| 23 | | deterioration
through the aging process, or loss of motor | 24 | | skill, mental illness, or
disability that results in the
| 25 | | inability to practice the profession with reasonable | 26 | | judgment, skill,
or safety.
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| 1 | | (17) Solicitation of professional services other than
| 2 | | permitted
advertising.
| 3 | | (18) Failure to provide a patient with a copy of his or
| 4 | | her record or
prescription in accordance with federal law.
| 5 | | (19) Conviction by any court of competent | 6 | | jurisdiction, either
within or
without this State, of any | 7 | | violation of any law governing the practice of
optometry, | 8 | | conviction in this or another State of any crime that
is a
| 9 | | felony under the laws of this State or conviction of a | 10 | | felony in a federal
court, if the Department determines, | 11 | | after investigation, that such person
has not been | 12 | | sufficiently rehabilitated to warrant the public trust.
| 13 | | (20) A finding that licensure has been applied for or | 14 | | obtained
by
fraudulent means.
| 15 | | (21) Continued practice by a person knowingly having an
| 16 | | infectious
or contagious
disease.
| 17 | | (22) Being named as a perpetrator in an indicated | 18 | | report by
the
Department of Children and Family Services | 19 | | under the Abused and
Neglected Child Reporting Act, and | 20 | | upon proof by clear and
convincing evidence that the | 21 | | licensee has caused a child to be an abused
child or a | 22 | | neglected child as defined in the Abused and Neglected | 23 | | Child
Reporting Act.
| 24 | | (23) Practicing or attempting to practice under a name | 25 | | other
than the
full name as shown on his or her license.
| 26 | | (24) Immoral conduct in the commission of any act, such |
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| 1 | | as
sexual abuse,
sexual misconduct or sexual exploitation, | 2 | | related to the licensee's
practice.
| 3 | | (25) Maintaining a professional relationship with any | 4 | | person,
firm, or
corporation when the optometrist knows, or | 5 | | should know, that such person,
firm, or corporation is | 6 | | violating this Act.
| 7 | | (26) Promotion of the sale of drugs, devices, | 8 | | appliances or
goods
provided for a client or patient in | 9 | | such manner as to exploit the patient
or client for | 10 | | financial gain of the licensee.
| 11 | | (27) Using the title "Doctor" or its abbreviation | 12 | | without
further
qualifying that title or abbreviation with | 13 | | the word "optometry" or
"optometrist".
| 14 | | (28) Use by a licensed optometrist of the
word
| 15 | | "infirmary",
"hospital", "school", "university", in | 16 | | English or any other
language, in connection with the place | 17 | | where optometry may be practiced or
demonstrated unless the | 18 | | licensee is employed by and practicing at a location that | 19 | | is licensed as a hospital or accredited as a school or | 20 | | university.
| 21 | | (29) Continuance of an optometrist in the employ of any
| 22 | | person, firm or
corporation, or as an assistant to any | 23 | | optometrist or optometrists,
directly or indirectly, after | 24 | | his or her employer or superior has been
found
guilty of | 25 | | violating or has been enjoined from violating the laws of | 26 | | the
State of Illinois relating to the practice of |
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| 1 | | optometry, when the employer
or superior persists in that | 2 | | violation.
| 3 | | (30) The performance of optometric service in | 4 | | conjunction with
a scheme
or plan with another person, firm | 5 | | or corporation known to be advertising in
a manner contrary | 6 | | to this Act or otherwise violating the laws of the State of
| 7 | | Illinois concerning the practice of optometry.
| 8 | | (31) Failure to provide satisfactory proof of having
| 9 | | participated in
approved continuing education programs as | 10 | | determined by the Board and
approved by the Secretary. | 11 | | Exceptions for extreme hardships are to be
defined by the | 12 | | rules of the Department.
| 13 | | (32) Willfully making or filing false records or | 14 | | reports in
the practice
of optometry, including, but not | 15 | | limited to false records to support claims
against the | 16 | | medical assistance program of the Department of Healthcare | 17 | | and Family Services (formerly Department of Public Aid)
| 18 | | under the Illinois Public Aid Code.
| 19 | | (33) Gross and willful overcharging for professional | 20 | | services
including
filing false statements for collection | 21 | | of fees for which services are not
rendered, including, but | 22 | | not limited to filing false statements for
collection of | 23 | | monies for services not rendered from the medical | 24 | | assistance
program of the Department of Healthcare and | 25 | | Family Services (formerly Department of Public Aid) under | 26 | | the Illinois Public Aid
Code.
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| 1 | | (34) In the absence of good reasons to the contrary, | 2 | | failure
to perform a
minimum eye examination as required by | 3 | | the rules of the Department.
| 4 | | (35) Violation of the Health Care Worker Self-Referral | 5 | | Act.
| 6 | | The Department shall may refuse to issue or shall may | 7 | | suspend the license of any person who fails to file a return, | 8 | | or to pay the tax,
penalty or interest shown in a filed return, | 9 | | or to pay any final assessment
of the tax, penalty or interest, | 10 | | as required by any tax Act administered by
the Illinois | 11 | | Department of Revenue, until such time as the requirements of
| 12 | | any such tax Act are satisfied.
| 13 | | (a-5) In enforcing this Section, the Board or Department, | 14 | | upon a showing of a possible
violation, may compel any | 15 | | individual licensed to practice under this Act, or
who has | 16 | | applied for licensure or certification pursuant to this Act,
to | 17 | | submit to a
mental or physical
examination, or both, as | 18 | | required by and at the expense of the Department. The
examining | 19 | | physicians or clinical psychologists shall be those | 20 | | specifically
designated by the Department Board . The Board or | 21 | | the Department may order the examining
physician or clinical | 22 | | psychologist to present testimony concerning this mental
or | 23 | | physical examination of the licensee or applicant. No | 24 | | information shall be
excluded by reason of any common law or | 25 | | statutory privilege relating to
communications between the | 26 | | licensee or applicant and the examining physician or
clinical |
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| 1 | | psychologist. Eye examinations may be provided by a licensed
| 2 | | optometrist. The individual to be examined may have,
at his or | 3 | | her own expense, another physician of his or her choice present
| 4 | | during all aspects of the examination. Failure of any | 5 | | individual to submit to
a mental or physical examination, when | 6 | | directed, shall be grounds for
suspension of a license until | 7 | | such time as the individual submits to the
examination if the | 8 | | Board or Department finds, after notice and hearing, that the | 9 | | refusal to
submit to the examination was without reasonable | 10 | | cause.
| 11 | | If the Board or Department finds an individual unable to | 12 | | practice because of the reasons
set forth in this Section, the | 13 | | Board or Department shall require such individual to submit to
| 14 | | care, counseling, or treatment by physicians or clinical | 15 | | psychologists approved
or designated by the Department Board , | 16 | | as a condition, term, or restriction for continued,
reinstated, | 17 | | or renewed licensure to practice, or in lieu of care, | 18 | | counseling,
or treatment, the Board may recommend to the | 19 | | Department to file a complaint to immediately suspend, revoke, | 20 | | or otherwise discipline the
license of the individual, or the | 21 | | Board may recommend to the Department to file
a complaint to | 22 | | suspend, revoke, or otherwise discipline the license of the
| 23 | | individual. Any individual whose license was granted pursuant | 24 | | to this Act, or
continued, reinstated, renewed, disciplined, or | 25 | | supervised, subject to such
conditions, terms, or | 26 | | restrictions, who shall fail to comply with such
conditions, |
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| 1 | | terms, or restrictions, shall be referred to the Secretary for | 2 | | a
determination as to whether the individual shall have his or | 3 | | her license
suspended immediately, pending a hearing by the | 4 | | Board.
| 5 | | (b) The determination by a circuit court that a licensee is | 6 | | subject to
involuntary admission or judicial admission as | 7 | | provided in the Mental
Health and Developmental Disabilities | 8 | | Code operates as an
automatic suspension. The suspension will | 9 | | end only upon a finding by a
court that the patient is no | 10 | | longer subject to involuntary admission or
judicial admission | 11 | | and issues an order so finding and discharging the
patient; and | 12 | | upon the recommendation of the Board to the Secretary
that
the | 13 | | licensee be allowed to resume his or her practice.
| 14 | | (Source: P.A. 99-43, eff. 1-1-16 .)
| 15 | | (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
| 16 | | (Section scheduled to be repealed on January 1, 2017)
| 17 | | Sec. 26.2. Investigation; notice. The Department may | 18 | | investigate the
actions of any applicant
or of any person or | 19 | | persons holding or claiming to hold a license. The
Department | 20 | | shall, before suspending, revoking, placing on probationary
| 21 | | status, or taking any other disciplinary action as the | 22 | | Department may deem
proper with regard to any license, at least | 23 | | 30 days prior
to the date set for the hearing, notify the | 24 | | accused in writing of any
charges made and the time and place | 25 | | for a hearing of the charges before the
Board, direct him or |
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| 1 | | her to file his or her written
answer to the Board
under
oath | 2 | | within 20 days after the service on him or her of the notice | 3 | | and
inform him or her
that if he or she fails to file an answer | 4 | | default will be taken against
him or her and
his or her license | 5 | | may be suspended, revoked, placed on
probationary status, or | 6 | | have other disciplinary action, including limiting
the scope, | 7 | | nature or extent of his or her practice, as the Department may
| 8 | | deem
proper taken with regard thereto. The Such written notice | 9 | | and any notice in the subsequent proceeding may be served by
| 10 | | personal delivery or by regular or certified delivery or | 11 | | certified or registered mail to
the applicant's or licensee's | 12 | | address of record Department .
In case the person fails to file | 13 | | an answer after receiving notice, his or
her license may, in | 14 | | the discretion of the Department, be
suspended, revoked, or | 15 | | placed on probationary status, or the Department may
take | 16 | | whatever disciplinary action deemed proper, including limiting | 17 | | the
scope, nature, or extent of the person's practice or the | 18 | | imposition of a
fine, without a hearing, if the act or acts | 19 | | charged constitute sufficient
grounds for such action under | 20 | | this Act.
At the time and place fixed in the notice, the | 21 | | Department
shall proceed to hear the charges and the parties or | 22 | | their counsel shall be
accorded ample opportunity to present | 23 | | such statements, testimony, evidence
and argument as may be | 24 | | pertinent to the charges or to their
defense.
The Department | 25 | | may continue the hearing from time to time.
At the discretion | 26 | | of the Secretary after having first received the
recommendation |
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| 1 | | of the Board, the accused person's license may
be suspended,
| 2 | | revoked, placed on probationary status, or whatever | 3 | | disciplinary action as
the Secretary may deem proper, including | 4 | | limiting the scope, nature,
or extent of
said person's | 5 | | practice, without a hearing, if the act or acts charged
| 6 | | constitute sufficient grounds for such action under this Act.
| 7 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 8 | | (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 26.6. Findings of fact, conclusions of law, and | 11 | | recommendations.
At
the conclusion of the hearing the Board | 12 | | shall
present to the Secretary a written report of its findings | 13 | | of fact,
conclusions of law and recommendations. The report | 14 | | shall contain a finding
whether or not the accused person | 15 | | violated this Act or failed to comply
with the conditions | 16 | | required in this Act. The Board shall
specify the
nature of the | 17 | | violation or failure to comply, and shall make its
| 18 | | recommendations to the Secretary.
| 19 | | The report of findings of fact, conclusions of law and | 20 | | recommendations of
the Board shall be the basis for the | 21 | | Department's order.
If the Secretary disagrees in any
regard | 22 | | with the report of the Board, the Secretary may issue
an order | 23 | | in
contravention thereof. The Secretary
shall provide within 60 | 24 | | days of taking
such action a written report to the
Board on any | 25 | | such deviation, and shall specify with
particularity the
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| 1 | | reasons for said action in the final order. The finding is not | 2 | | admissible
in evidence against the person in a criminal | 3 | | prosecution brought for the
violation of this Act, but the | 4 | | hearing and findings are not a bar to a
criminal prosecution | 5 | | brought for the violation of this Act.
| 6 | | At any point in any investigation or disciplinary | 7 | | proceeding provided for in this Act, both parties may agree to | 8 | | a negotiated consent order. The consent order shall be final | 9 | | upon the signature of the Secretary. | 10 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 11 | | (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 26.7. Hearing officer. Notwithstanding the provisions | 14 | | of Section
26.6 of this
Act, the Secretary shall have the | 15 | | authority to appoint any attorney duly
licensed to practice law | 16 | | in the State of Illinois to serve as the hearing
officer in any | 17 | | action for discipline of a
license. The Secretary
shall notify | 18 | | the Board of any such
appointment. The hearing officer shall | 19 | | have full authority to conduct the
hearing. The Board shall | 20 | | have the right to have at least one
member
present at any | 21 | | hearing conducted by such hearing officer. The hearing
officer | 22 | | shall report his or her findings of fact, conclusions
of law | 23 | | and recommendations to the Board and the Secretary.
The Board | 24 | | shall have 60 days from receipt of the report to
review the
| 25 | | report of the hearing officer and present its findings of fact,
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| 1 | | conclusions of law and recommendations to the Secretary. If the | 2 | | Board
fails to present its report within the 60 day period, the | 3 | | Secretary shall
issue an order based on the report of the | 4 | | hearing officer. If the Secretary
disagrees in any regard with | 5 | | the report of the Board or
hearing
officer, he or she may issue | 6 | | an order in contravention thereof. The
Secretary
shall provide | 7 | | a written explanation to the Board on any such
deviation, and | 8 | | shall specify with particularity the reasons for such action
in | 9 | | the final order.
| 10 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 11 | | (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 26.8. Service of report; rehearing; order. In any case | 14 | | involving
the
discipline of a license, a copy of the Board's | 15 | | and hearing officer's report shall
be served
upon the | 16 | | respondent by the Department, either personally or as provided | 17 | | in
this Act for the service of the notice of hearing. Within 20 | 18 | | days after
such service, the respondent may present to the | 19 | | Department a motion in
writing for a rehearing, which motion | 20 | | shall specify the particular grounds
therefor. If no motion for | 21 | | rehearing is filed, then upon the expiration of
the time | 22 | | specified for filing such a motion, or if a motion for | 23 | | rehearing
is denied, then upon such denial the Secretary may | 24 | | enter an order in
accordance with this Act.
If the respondent | 25 | | shall order from the reporting service, and pay for a
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| 1 | | transcript of the record within the time for filing a motion | 2 | | for rehearing,
the 20 day period within which such a motion may | 3 | | be filed shall commence
upon the delivery of the transcript to | 4 | | the respondent.
| 5 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 6 | | (225 ILCS 80/26.15) (from Ch. 111, par. 3926.15)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 26.15. Certification of record. The Department shall | 9 | | not be
required to certify any
record to the Court or file any | 10 | | answer in court or otherwise appear in any
court in a judicial | 11 | | review proceeding, unless and until the Department has received | 12 | | from the plaintiff there is filed in the court,
with the | 13 | | complaint, a receipt from the Department acknowledging payment | 14 | | of
the costs of furnishing and certifying the record , which | 15 | | costs shall be determined by the Department . Failure on the
| 16 | | part of the plaintiff to file a receipt in Court shall be | 17 | | grounds
for dismissal of the action.
| 18 | | (Source: P.A. 87-1031 .)
| 19 | | (225 ILCS 80/27) (from Ch. 111, par. 3927)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 27. Administrative Procedure Act. The Illinois | 22 | | Administrative
Procedure Act is hereby expressly adopted and | 23 | | incorporated herein as if all of
the provisions of that Act | 24 | | were included in this Act, except that the provision
of |
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| 1 | | subsection (d) of Section 10-65 of the Illinois Administrative | 2 | | Procedure Act
that provides that at hearings the licensee has | 3 | | the right to show compliance
with all lawful requirements for | 4 | | retention, continuation or renewal of the
license is | 5 | | specifically excluded. For the purpose of this Act the notice
| 6 | | required under Section 10-25 of the Administrative Procedure | 7 | | Act is deemed
sufficient when mailed to the last known address | 8 | | of a party.
| 9 | | (Source: P.A. 88-45 .)
| 10 | | (225 ILCS 80/30 new) | 11 | | Sec. 30. Confidentiality. All information collected by the | 12 | | Department in the course of an examination or investigation of | 13 | | a licensee or applicant, including, but not limited to, any | 14 | | complaint against a license filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department may not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | other regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or a party presenting | 21 | | a lawful subpoena to the Department. Information and documents | 22 | | disclosed to a federal, State, county, or local law enforcement | 23 | | agency shall not be disclosed by the agency for any purpose to | 24 | | any other agency or person. A formal complaint filed against a | 25 | | licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 99. Effective date. This Section and Sections 5, | 4 | | 10, and 15 take effect upon becoming law. Section 20 takes | 5 | | effect on January 1, 2017, except that the provisions of | 6 | | Section 20 that add Section 15.3 to the Illinois Optometric | 7 | | Practice Act of 1987 take effect upon becoming law.".
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