Full Text of SB1504 99th General Assembly
SB1504sam001 99TH GENERAL ASSEMBLY | Sen. Jennifer Bertino-Tarrant Filed: 3/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 1504
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1504 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Optometric Practice Act of 1987 is | 5 | | amended by changing Sections 12, 22, and 24 as follows:
| 6 | | (225 ILCS 80/12) (from Ch. 111, par. 3912)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 12. Applications for licenses. Applications for
| 9 | | original licenses shall be
made to the Department in writing or | 10 | | electronically on forms prescribed by the Department and
shall | 11 | | be accompanied by the required fee, which shall not be | 12 | | refundable.
Any such application shall require such | 13 | | information as in the judgment of
the Department will enable | 14 | | the Department to pass on the qualifications of
the applicant | 15 | | for a license.
| 16 | | Applicants have 3 years from the date of application to |
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| 1 | | complete the
application process. If the process has not been | 2 | | completed within 3 years, the
application shall be denied, the | 3 | | application fees shall be forfeited, and the
applicant must | 4 | | reapply and meet the requirements in effect at the time of
| 5 | | reapplication.
| 6 | | Applicants who meet all other conditions for licensure and | 7 | | who will be
practicing
optometry in a residency program | 8 | | approved by the Board may apply for and
receive a
limited one | 9 | | year license to practice optometry as a resident in the | 10 | | program. The holder of a valid one-year residency license may | 11 | | perform those acts prescribed by and incidental to the | 12 | | residency license holder's program of residency training, with | 13 | | the same privileges and responsibilities as a fully licensed | 14 | | optometrist, but may not otherwise engage in the practice of | 15 | | optometry in this State, unless fully licensed under this Act. | 16 | | The Department may revoke a one-year residency license upon | 17 | | proof that the residency license holder has engaged in the | 18 | | practice of optometry in this State outside of his or her | 19 | | residency program or if the residency license holder fails to | 20 | | supply the Department, within 10 days after its request, with | 21 | | information concerning his or her current status and activities | 22 | | in the residency program.
| 23 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 24 | | (225 ILCS 80/22) (from Ch. 111, par. 3922)
| 25 | | (Section scheduled to be repealed on January 1, 2017)
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| 1 | | Sec. 22.
Any person licensed under this Act may advertise | 2 | | the
availability of professional services in the public media
| 3 | | or on the premises where such professional services are | 4 | | rendered provided
that such advertising is truthful and not | 5 | | misleading and is in conformity
with rules promulgated by the | 6 | | Department.
| 7 | | It is unlawful for any person licensed under this Act to | 8 | | use testimonials
or claims
of superior quality of care to | 9 | | entice the public.
| 10 | | (Source: P.A. 92-451, eff. 8-21-01 .)
| 11 | | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 24. Grounds for disciplinary action.
| 14 | | (a) The Department may refuse to issue or to renew, or may
| 15 | | revoke, suspend, place on probation, reprimand or take other
| 16 | | disciplinary or non-disciplinary action as the Department may | 17 | | deem appropriate, including fines not
to exceed $10,000 for | 18 | | each violation, with regard to any license for any one or | 19 | | combination of the causes set forth in subsection (a-3) of this | 20 | | Section. All fines collected under this Section shall be | 21 | | deposited in the Optometric Licensing and Disciplinary Board | 22 | | Fund.
| 23 | | (a-3) Grounds for disciplinary action include the | 24 | | following:
| 25 | | (1) Violations of this Act, or of the rules promulgated
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| 1 | | hereunder.
| 2 | | (2) Conviction of or entry of a plea of guilty to any | 3 | | crime under the laws of any U.S. jurisdiction
thereof that | 4 | | is a felony or that is a misdemeanor of which an essential | 5 | | element
is dishonesty, or any crime that is directly | 6 | | related to the practice of the
profession.
| 7 | | (3) Making any misrepresentation for the purpose of | 8 | | obtaining a
license.
| 9 | | (4) Professional incompetence or gross negligence in | 10 | | the
practice of optometry.
| 11 | | (5) Gross malpractice, prima facie evidence
of which | 12 | | may be a conviction or judgment of
malpractice in any court | 13 | | of competent jurisdiction.
| 14 | | (6) Aiding or assisting another person in violating any
| 15 | | provision of this Act or rules.
| 16 | | (7) Failing, within 60 days, to provide information in | 17 | | response
to a
written request made by the Department that | 18 | | has been sent by
certified or
registered mail to the | 19 | | licensee's last known address.
| 20 | | (8) Engaging in dishonorable, unethical, or | 21 | | unprofessional
conduct of a
character likely to deceive, | 22 | | defraud, or harm the public.
| 23 | | (9) Habitual or excessive use or addiction to alcohol,
| 24 | | narcotics,
stimulants or any other chemical agent or drug | 25 | | that results in
the
inability to practice with reasonable | 26 | | judgment, skill, or safety.
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| 1 | | (10) Discipline by another U.S. jurisdiction or | 2 | | foreign
nation, if at
least one of the grounds for the | 3 | | discipline is the same or substantially
equivalent to those | 4 | | set forth herein.
| 5 | | (11) Violation of the prohibition against fee | 6 | | splitting in Section 24.2 of this Act.
| 7 | | (12) A finding by the Department that the licensee, | 8 | | after
having his or
her
license placed on probationary | 9 | | status has violated the terms of
probation.
| 10 | | (13) Abandonment of a patient.
| 11 | | (14) Willfully making or filing false records or | 12 | | reports in
his or her
practice,
including but not limited | 13 | | to false records filed with State agencies or
departments.
| 14 | | (15) Willfully failing to report an instance of | 15 | | suspected
abuse or
neglect as required by law.
| 16 | | (16) Physical illness, including but not limited to,
| 17 | | deterioration
through the aging process, or loss of motor | 18 | | skill, mental illness, or
disability that results in the
| 19 | | inability to practice the profession with reasonable | 20 | | judgment, skill,
or safety.
| 21 | | (17) Solicitation of professional services other than
| 22 | | permitted
advertising.
| 23 | | (18) Failure to provide a patient with a copy of his or
| 24 | | her record or
prescription in accordance with federal law.
| 25 | | (19) Conviction by any court of competent | 26 | | jurisdiction, either
within or
without this State, of any |
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| 1 | | violation of any law governing the practice of
optometry, | 2 | | conviction in this or another State of any crime that
is a
| 3 | | felony under the laws of this State or conviction of a | 4 | | felony in a federal
court, if the Department determines, | 5 | | after investigation, that such person
has not been | 6 | | sufficiently rehabilitated to warrant the public trust.
| 7 | | (20) A finding that licensure has been applied for or | 8 | | obtained
by
fraudulent means.
| 9 | | (21) Continued practice by a person knowingly having an
| 10 | | infectious
or contagious
disease.
| 11 | | (22) Being named as a perpetrator in an indicated | 12 | | report by
the
Department of Children and Family Services | 13 | | under the Abused and
Neglected Child Reporting Act, and | 14 | | upon proof by clear and
convincing evidence that the | 15 | | licensee has caused a child to be an abused
child or a | 16 | | neglected child as defined in the Abused and Neglected | 17 | | Child
Reporting Act.
| 18 | | (23) Practicing or attempting to practice under a name | 19 | | other
than the
full name as shown on his or her license.
| 20 | | (24) Immoral conduct in the commission of any act, such | 21 | | as
sexual abuse,
sexual misconduct or sexual exploitation, | 22 | | related to the licensee's
practice.
| 23 | | (25) Maintaining a professional relationship with any | 24 | | person,
firm, or
corporation when the optometrist knows, or | 25 | | should know, that such person,
firm, or corporation is | 26 | | violating this Act.
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| 1 | | (26) Promotion of the sale of drugs, devices, | 2 | | appliances or
goods
provided for a client or patient in | 3 | | such manner as to exploit the patient
or client for | 4 | | financial gain of the licensee.
| 5 | | (27) Using the title "Doctor" or its abbreviation | 6 | | without
further
qualifying that title or abbreviation with | 7 | | the word "optometry" or
"optometrist".
| 8 | | (28) Use by a licensed optometrist of the
word
| 9 | | "infirmary",
"hospital", "school", "university", in | 10 | | English or any other
language, in connection with the place | 11 | | where optometry may be practiced or
demonstrated unless the | 12 | | licensee is employed by and practicing at a location that | 13 | | is licensed as a hospital or accredited as a school or | 14 | | university .
| 15 | | (29) Continuance of an optometrist in the employ of any
| 16 | | person, firm or
corporation, or as an assistant to any | 17 | | optometrist or optometrists,
directly or indirectly, after | 18 | | his or her employer or superior has been
found
guilty of | 19 | | violating or has been enjoined from violating the laws of | 20 | | the
State of Illinois relating to the practice of | 21 | | optometry, when the employer
or superior persists in that | 22 | | violation.
| 23 | | (30) The performance of optometric service in | 24 | | conjunction with
a scheme
or plan with another person, firm | 25 | | or corporation known to be advertising in
a manner contrary | 26 | | to this Act or otherwise violating the laws of the State of
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| 1 | | Illinois concerning the practice of optometry.
| 2 | | (31) Failure to provide satisfactory proof of having
| 3 | | participated in
approved continuing education programs as | 4 | | determined by the Board and
approved by the Secretary. | 5 | | Exceptions for extreme hardships are to be
defined by the | 6 | | rules of the Department.
| 7 | | (32) Willfully making or filing false records or | 8 | | reports in
the practice
of optometry, including, but not | 9 | | limited to false records to support claims
against the | 10 | | medical assistance program of the Department of Healthcare | 11 | | and Family Services (formerly Department of Public Aid)
| 12 | | under the Illinois Public Aid Code.
| 13 | | (33) Gross and willful overcharging for professional | 14 | | services
including
filing false statements for collection | 15 | | of fees for which services are not
rendered, including, but | 16 | | not limited to filing false statements for
collection of | 17 | | monies for services not rendered from the medical | 18 | | assistance
program of the Department of Healthcare and | 19 | | Family Services (formerly Department of Public Aid) under | 20 | | the Illinois Public Aid
Code.
| 21 | | (34) In the absence of good reasons to the contrary, | 22 | | failure
to perform a
minimum eye examination as required by | 23 | | the rules of the Department.
| 24 | | (35) Violation of the Health Care Worker Self-Referral | 25 | | Act.
| 26 | | The Department may refuse to issue or may suspend the |
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| 1 | | license of any person who fails to file a return, or to pay the | 2 | | tax,
penalty or interest shown in a filed return, or to pay any | 3 | | final assessment
of the tax, penalty or interest, as required | 4 | | by any tax Act administered by
the Illinois Department of | 5 | | Revenue, until such time as the requirements of
any such tax | 6 | | Act are satisfied.
| 7 | | (a-5) In enforcing this Section, the Board upon a showing | 8 | | of a possible
violation, may compel any individual licensed to | 9 | | practice under this Act, or
who has applied for licensure or | 10 | | certification pursuant to this Act,
to submit to a
mental or | 11 | | physical
examination, or both, as required by and at the | 12 | | expense of the Department. The
examining physicians or clinical | 13 | | psychologists shall be those specifically
designated by the | 14 | | Board. The Board or the Department may order the examining
| 15 | | physician or clinical psychologist to present testimony | 16 | | concerning this mental
or physical examination of the licensee | 17 | | or applicant. No information shall be
excluded by reason of any | 18 | | common law or statutory privilege relating to
communications | 19 | | between the licensee or applicant and the examining physician | 20 | | or
clinical psychologist. Eye examinations may be provided by a | 21 | | licensed
optometrist. The individual to be examined may have,
| 22 | | at his or her own expense, another physician of his or her | 23 | | choice present
during all aspects of the examination. Failure | 24 | | of any individual to submit to
a mental or physical | 25 | | examination, when directed, shall be grounds for
suspension of | 26 | | a license until such time as the individual submits to the
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| 1 | | examination if the Board finds, after notice and hearing, that | 2 | | the refusal to
submit to the examination was without reasonable | 3 | | cause.
| 4 | | If the Board finds an individual unable to practice because | 5 | | of the reasons
set forth in this Section, the Board shall | 6 | | require such individual to submit to
care, counseling, or | 7 | | treatment by physicians or clinical psychologists approved
or | 8 | | designated by the Board, as a condition, term, or restriction | 9 | | for continued,
reinstated, or renewed licensure to practice, or | 10 | | in lieu of care, counseling,
or treatment, the Board may | 11 | | recommend to the Department to file a complaint to immediately | 12 | | suspend, revoke, or otherwise discipline the
license of the | 13 | | individual, or the Board may recommend to the Department to | 14 | | file
a complaint to suspend, revoke, or otherwise discipline | 15 | | the license of the
individual. Any individual whose license was | 16 | | granted pursuant to this Act, or
continued, reinstated, | 17 | | renewed, disciplined, or supervised, subject to such
| 18 | | conditions, terms, or restrictions, who shall fail to comply | 19 | | with such
conditions, terms, or restrictions, shall be referred | 20 | | to the Secretary for a
determination as to whether the | 21 | | individual shall have his or her license
suspended immediately, | 22 | | pending a hearing by the Board.
| 23 | | (b) The determination by a circuit court that a licensee is | 24 | | subject to
involuntary admission or judicial admission as | 25 | | provided in the Mental
Health and Developmental Disabilities | 26 | | Code operates as an
automatic suspension. The suspension will |
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| 1 | | end only upon a finding by a
court that the patient is no | 2 | | longer subject to involuntary admission or
judicial admission | 3 | | and issues an order so finding and discharging the
patient; and | 4 | | upon the recommendation of the Board to the Secretary
that
the | 5 | | licensee be allowed to resume his or her practice.
| 6 | | (Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09; | 7 | | 96-1000, eff. 7-2-10; 97-1028, eff. 1-1-13.)".
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