Full Text of SB2899 99th General Assembly
SB2899 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2899 Introduced 2/18/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Optometric Practice Act of 1987 from January 1, 2017 to January 1, 2027. Amends the Illinois Optometric Practice Act of 1987. Requires applicants or licensees to inform the Department of Financial and Professional Regulation of any change of address within 14 days after the change. Removes language limiting the practice of optometry to examination, diagnosis, and treatment without the use of surgery. Instead, excludes certain ophthalmic procedures from the scope of practice of optometry, except for the preoperative and postoperative care of the procedures. Allows members of the Optometric Licensing and Disciplinary Board to be reimbursed for certain expenses. Limits the liability of members of the Board in certain circumstances. Provides that ocular pharmaceutical agents may be administered by injection in certain circumstances. Removes the requirement that the Department list all persons whose licenses have been suspended or revoked. Provides that any fine imposed under the Act shall be payable within 60 days after the effective date of the order. Provides that the Department shall (rather than may) refuse to issue or suspend a license of licensees who fail to pay taxes. Removes requirements of written reports at the conclusions of hearings. Allows parties to agree to a negotiated consent order. Removes certain requirements concerning hearing officers. Removes provisions requiring the Secretary to explain deviations from Board recommendations. Adds provisions concerning confidentiality of certain information collected by the Department. Makes other changes. Effective immediately, except that certain provisions concerning injections and surgery are effective January 1, 2017.
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.27 and adding 4.37 as follows: | 6 | | (5 ILCS 80/4.27) | 7 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
| 8 | | are repealed on January 1, 2017:
| 9 | | The Illinois Optometric Practice Act of 1987. | 10 | | The Clinical Psychologist Licensing Act. | 11 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 12 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, | 13 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 14 | | (Source: P.A. 99-78, eff. 7-20-15.) | 15 | | (5 ILCS 80/4.37 new) | 16 | | Sec. 4.37. Act repealed on January 1, 2027. The following | 17 | | Act is repealed on January 1, 2027: | 18 | | The Optometric Practice Act of 1984. | 19 | | Section 10. The Illinois Optometric Practice Act of 1987 is | 20 | | amended by changing the title of the Act and Sections 3, 9, 10, | 21 | | 11, 14, 15.1, 18, 20, 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15, |
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| 1 | | and 27 and by adding Sections 9.5 and 30 as follows:
| 2 | | (225 ILCS 80/3) (from Ch. 111, par. 3903)
| 3 | | (Section scheduled to be repealed on January 1, 2017)
| 4 | | Sec. 3. Practice of optometry defined; referrals; | 5 | | manufacture of lenses
and prisms. | 6 | | (a) The practice of optometry is defined as the employment | 7 | | of any
and all means for the examination, diagnosis, and | 8 | | treatment of the human
visual system, the human eye, and its | 9 | | appendages without the use of
surgery , including , but not | 10 | | limited to: the appropriate
use of ocular
pharmaceutical | 11 | | agents; refraction and other determinants of visual function;
| 12 | | prescribing corrective lenses or prisms; prescribing, | 13 | | dispensing, or management
of contact lenses; vision therapy; | 14 | | visual rehabilitation; or any other
procedures taught in | 15 | | schools and colleges of optometry approved by the
Department, | 16 | | and not specifically restricted in this Act, subject to
| 17 | | demonstrated competency and training as required by the Board, | 18 | | and pursuant
to rule or regulation approved by the Board and | 19 | | adopted by
the Department.
| 20 | | A person shall be deemed to be practicing optometry within | 21 | | the meaning of
this Act who:
| 22 | | (1) In any way presents himself or herself to be | 23 | | qualified to
practice optometry.
| 24 | | (2) Performs refractions or employs any other | 25 | | determinants of
visual function.
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| 1 | | (3) Employs any means for the adaptation of lenses or | 2 | | prisms.
| 3 | | (4) Prescribes corrective lenses, prisms, vision | 4 | | therapy,
visual rehabilitation, or ocular pharmaceutical | 5 | | agents.
| 6 | | (5) Prescribes or manages contact lenses for | 7 | | refractive,
cosmetic, or therapeutic purposes.
| 8 | | (6) Evaluates the need for, or prescribes, low vision | 9 | | aids to
partially sighted persons.
| 10 | | (7) Diagnoses or treats any ocular abnormality, | 11 | | disease, or
visual or muscular anomaly of the human eye or | 12 | | visual system.
| 13 | | (8) Practices, or offers or attempts to practice, | 14 | | optometry as defined in
this Act either on his or her own | 15 | | behalf or as an employee
of a person, firm,
or corporation, | 16 | | whether under the supervision of his or her employer or | 17 | | not. | 18 | | The following ophthalmic surgery procedures are | 19 | | excluded from the scope of practice of optometry, except | 20 | | for the preoperative and postoperative care of these | 21 | | procedures:
| 22 | | (i) Surgery using a laser. | 23 | | (ii) Penetrating keratoplasty, corneal transplant, | 24 | | or lamellar keratoplasty. | 25 | | (iii) The administration of general anesthesia. | 26 | | (iv) Surgery done with general anesthesia. |
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| 1 | | (v) Laser or non-laser injection into the vitreous | 2 | | chamber of the eye to treat any macular or retinal | 3 | | disease. | 4 | | (vi) Surgery related to removal of the eye from a | 5 | | living human being. | 6 | | (vii) Surgery requiring full thickness incision or | 7 | | excision of the cornea or sclera other than | 8 | | paracentesis in an emergency situation requiring | 9 | | immediate reduction of the pressure inside the eye. | 10 | | (viii) Surgery requiring incision of the iris and | 11 | | ciliary body, including iris diathermy or cryotherapy. | 12 | | (ix) Surgery requiring incision of the vitreous. | 13 | | (x) Surgery requiring incision of the retina. | 14 | | (xi) Surgical extraction of the crystalline lens. | 15 | | (xii) Surgical intraocular implants. | 16 | | (xiii) Incisional or excisional surgery of the | 17 | | extraocular muscles. | 18 | | (xiv) Surgery of the eyelid for suspect eyelid | 19 | | malignancies or for incisional cosmetic or mechanical | 20 | | repair of blepharochalasis, ptosis, and tarsorrhaphy. | 21 | | (xv) Surgery of the bony orbit, including orbital | 22 | | implants. | 23 | | (xvi) Incisional or excisional surgery of the | 24 | | lacrimal system other than lacrimal probing or related | 25 | | procedures. | 26 | | (xvii) Surgery requiring full thickness |
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| 1 | | conjunctivoplasty with graft or flap. | 2 | | (xviii) Any surgical procedure that does not | 3 | | provide for the correction and relief of ocular | 4 | | abnormalities. | 5 | | (xix) Injection or incision into the eyeball. | 6 | | (xx) Retrobulbar or intraorbital injection. | 7 | | (xxi) Surgery requiring suturing. | 8 | | Nothing in this Section shall be interpreted (A) (i) to | 9 | | prevent a person from
functioning as an assistant under the | 10 | | direct supervision of a person licensed
by the State of | 11 | | Illinois to practice optometry or medicine in all of its
| 12 | | branches or (B) (ii) to prohibit visual screening programs that
| 13 | | are conducted without a fee (other than voluntary donations), | 14 | | by
charitable organizations
acting in the public welfare under
| 15 | | the supervision of a committee composed of persons licensed by | 16 | | the State of
Illinois to practice optometry or persons licensed | 17 | | by the State of Illinois
to practice medicine in all of its | 18 | | branches.
| 19 | | (b) When, in the course of providing optometric services to | 20 | | any person,
an optometrist licensed under this Act finds an | 21 | | indication of a disease or
condition of the eye which in his or | 22 | | her professional judgment requires
professional service | 23 | | outside the scope of practice as defined in this Act,
he or she | 24 | | shall refer such person to a physician licensed to practice | 25 | | medicine
in all of its branches, or other appropriate health | 26 | | care practitioner.
Nothing in this Act shall preclude an |
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| 1 | | optometrist from rendering appropriate nonsurgical
emergency | 2 | | care.
| 3 | | (c) Nothing contained in this Section shall prohibit a | 4 | | person from
manufacturing ophthalmic lenses and prisms or the | 5 | | fabrication
of contact lenses according to the specifications | 6 | | prescribed by an optometrist
or a physician licensed to | 7 | | practice medicine in all of its branches, but shall
| 8 | | specifically prohibit (1) the sale or delivery of ophthalmic
| 9 | | lenses, prisms, and contact lenses without a prescription | 10 | | signed by an
optometrist or a physician licensed to practice | 11 | | medicine in all of its
branches and (2) the dispensing of | 12 | | contact lenses by anyone other than a licensed optometrist, | 13 | | licensed pharmacist, or a physician licensed to practice | 14 | | medicine in all of its branches. For the purposes of this Act, | 15 | | "contact lenses" include, but are not limited to, contact | 16 | | lenses with prescriptive power and decorative and plano power | 17 | | contact lenses. Nothing in this Section shall prohibit the sale | 18 | | of contact lenses by an optical firm or corporation primarily | 19 | | engaged in manufacturing or dealing in eyeglasses or contact | 20 | | lenses with an affiliated optometrist who practices and is | 21 | | licensed or has an ancillary registration for the location | 22 | | where the sale occurs.
| 23 | | (d) Nothing in this Act shall restrict the filling of a | 24 | | prescription by a
pharmacist licensed under the Pharmacy | 25 | | Practice Act. | 26 | | (e) Nothing in this Act shall be construed to restrict the |
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| 1 | | dispensing and sale by an optometrist of ocular devices, such | 2 | | as contact lenses, that contain and deliver ocular | 3 | | pharmaceutical agents permitted for use or prescription under | 4 | | this Act.
| 5 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 6 | | (225 ILCS 80/9) (from Ch. 111, par. 3909)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 9. Definitions. In this Act:
| 9 | | (1) "Department" means the Department of Financial and
| 10 | | Professional
Regulation.
| 11 | | (2) "Secretary" means the Secretary
of Financial and | 12 | | Professional Regulation.
| 13 | | (3) "Board" means the Illinois Optometric
Licensing | 14 | | and
Disciplinary
Board appointed by the Secretary.
| 15 | | (4) "License" means the document issued by the | 16 | | Department
authorizing the
person named thereon to | 17 | | practice optometry.
| 18 | | (5) (Blank).
| 19 | | (6) "Direct supervision" means supervision of any | 20 | | person
assisting
an
optometrist, requiring that the | 21 | | optometrist authorize the procedure, remain
in the | 22 | | facility while the procedure is performed, approve the work
| 23 | | performed by the person assisting before dismissal of the | 24 | | patient, but does
not mean that the optometrist must be | 25 | | present with the patient, during the
procedure. For the |
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| 1 | | dispensing of contact lenses, "direct supervision" means | 2 | | that the optometrist is responsible for training the person | 3 | | assisting the optometrist in the dispensing or sale of | 4 | | contact lenses, but does not mean that the optometrist must | 5 | | be present in the facility where he or she practices under | 6 | | a license or ancillary registration at the time the | 7 | | contacts are dispensed or sold.
| 8 | | (7) "Address of record" means the designated address | 9 | | recorded by the Department in the applicant's application | 10 | | file or the licensee's license file maintained by the | 11 | | Department's licensure maintenance unit. | 12 | | (Source: P.A. 98-186, eff. 8-5-13.)
| 13 | | (225 ILCS 80/9.5 new) | 14 | | Sec. 9.5. Change of address. It is the duty of the | 15 | | applicant or licensee to inform the Department of any change of | 16 | | address within 14 days after such change either through the | 17 | | Department's website or by contacting the Department's | 18 | | licensure maintenance unit.
| 19 | | (225 ILCS 80/10) (from Ch. 111, par. 3910)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 10. Powers and duties of Department; rules; report. | 22 | | The Department
shall exercise the powers and duties
prescribed | 23 | | by the Civil Administrative Code of Illinois for the
| 24 | | administration of Licensing Acts and shall exercise such other |
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| 1 | | powers and
duties necessary for effectuating the purpose of | 2 | | this Act.
| 3 | | The Secretary shall promulgate Rules consistent with the | 4 | | provisions of
this Act, for the administration and enforcement | 5 | | thereof and may prescribe
forms that shall be issued in | 6 | | connection therewith. The rules
shall
include standards and | 7 | | criteria for licensure and certification, and
professional | 8 | | conduct and discipline.
| 9 | | The Department shall consult with the Board in promulgating
| 10 | | rules.
Notice of proposed rulemaking shall be transmitted to | 11 | | the Board and the
Department shall review the Board's responses | 12 | | and any
recommendations
made therein. The Department shall | 13 | | notify the Board in
writing with
explanations of deviations | 14 | | from the Board's recommendations
and
responses. The Department | 15 | | may solicit the advice of the Board on any
matter relating to | 16 | | the administration and enforcement of this Act.
| 17 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 18 | | (225 ILCS 80/11) (from Ch. 111, par. 3911)
| 19 | | (Section scheduled to be repealed on January 1, 2017)
| 20 | | Sec. 11. Optometric Licensing and Disciplinary Board. The | 21 | | Secretary shall
appoint an Illinois Optometric Licensing
and | 22 | | Disciplinary Board as follows: Seven persons who shall be
| 23 | | appointed
by and shall serve in an advisory capacity to the | 24 | | Secretary. Five members
must be lawfully and actively engaged | 25 | | in the practice of optometry in this
State, one member shall be |
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| 1 | | a licensed optometrist, with a full-time faculty appointment | 2 | | with the
Illinois College of
Optometry, and one member must be | 3 | | a member of the public who shall be a
voting member and is not | 4 | | licensed under this Act, or a
similar Act of
another | 5 | | jurisdiction, or have any connection with the profession. | 6 | | Neither
the public member nor the faculty member shall | 7 | | participate in the
preparation or administration of the | 8 | | examination of applicants for
licensure.
| 9 | | Members shall serve 4-year terms and until their successors
| 10 | | are appointed
and qualified. No member shall be appointed to
| 11 | | the Board for more than 2 successive 4-year terms, not counting | 12 | | any partial
terms when appointed to fill the unexpired portion | 13 | | of a vacated term. Appointments to
fill
vacancies shall be made | 14 | | in the same manner as original appointments, for
the unexpired | 15 | | portion of the vacated term.
| 16 | | The Board shall annually elect a chairperson and a
| 17 | | vice-chairperson, both of whom shall be licensed optometrists.
| 18 | | The membership of the Board should reasonably reflect
| 19 | | representation
from the geographic areas in this State.
| 20 | | A majority of the Board members currently appointed shall | 21 | | constitute a
quorum. A vacancy in the membership of the Board | 22 | | shall not impair the right of
a quorum to perform all of the | 23 | | duties of the Board.
| 24 | | The Secretary may terminate the appointment of any member | 25 | | for cause.
| 26 | | The members of the Board shall be reimbursed for all |
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| 1 | | authorized legitimate and necessary expenses incurred in | 2 | | attending the meetings of the Board. | 3 | | Members of the Board shall have no liability in any action | 4 | | based upon any disciplinary proceeding or other activity | 5 | | performed in good faith as a member of the Board. | 6 | | The Secretary shall give due consideration to all | 7 | | recommendations of the
Board , and in the event that the | 8 | | Secretary disagrees with or
takes
action contrary to the | 9 | | recommendation of the Board, he or
she shall provide
the Board | 10 | | with a written and specific explanation of this
action. None
of | 11 | | the functions, powers or duties of the Department with respect | 12 | | to
policy matters relating to licensure, discipline, and | 13 | | examination,
including the promulgation of such rules as may
be | 14 | | necessary for the administration of this Act, shall be | 15 | | exercised by the
Department except upon review of the Board .
| 16 | | Without, in any manner, limiting the power of the | 17 | | Department to conduct
investigations, the Board may recommend | 18 | | to the Secretary that
one or more
licensed optometrists be | 19 | | selected by the Secretary to conduct or assist in any
| 20 | | investigation pursuant to this Act. Such licensed optometrist | 21 | | may receive
remuneration as determined by the Secretary.
| 22 | | (Source: P.A. 96-270, eff. 1-1-10.)
| 23 | | (225 ILCS 80/14) (from Ch. 111, par. 3914)
| 24 | | (Section scheduled to be repealed on January 1, 2017)
| 25 | | Sec. 14. A person shall be qualified for initial licensure |
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| 1 | | as an optometrist
if that person has applied in writing in form | 2 | | and substance satisfactory to
the Department and who:
| 3 | | (1) (blank) has not been convicted of any of the provisions | 4 | | of Section 24 of
this Act which would be grounds for discipline | 5 | | under this Act ;
| 6 | | (2) has graduated, after January 1, 1994, from a program of | 7 | | optometry education approved by the
Department or has | 8 | | graduated, prior to January 1, 1994, and has met substantially | 9 | | equivalent criteria established by the Department;
| 10 | | (3) (blank); and
| 11 | | (4) has met all examination requirements including the | 12 | | passage of a
nationally recognized examination authorized by | 13 | | the Department. Each
applicant shall be tested on theoretical | 14 | | knowledge and clinical practice
skills.
| 15 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 16 | | (225 ILCS 80/15.1)
| 17 | | (Section scheduled to be repealed on January 1, 2017)
| 18 | | Sec. 15.1. Diagnostic and therapeutic authority.
| 19 | | (a) For purposes of the Act, "ocular pharmaceutical
agents" | 20 | | means topical anesthetics, topical mydriatics, topical
| 21 | | cycloplegics, topical miotics and mydriatic reversing agents, | 22 | | anti-infective agents,
anti-allergy agents,
anti-glaucoma | 23 | | agents (except oral carbonic anhydrase inhibitors, which may be | 24 | | prescribed only in a quantity sufficient to provide treatment | 25 | | for up to 72 hours),
anti-inflammatory agents (except oral |
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| 1 | | steroids), over-the-counter agents, analgesic
agents, anti-dry | 2 | | eye agents, and agents for the treatment of hypotrichosis. | 3 | | (a-3) In addition to ocular pharmaceutical agents that fall | 4 | | within the categories set forth in subsection (a) of this | 5 | | Section, the Board may add a pharmaceutical agent approved by | 6 | | the FDA or class of agents for the purpose of the diagnosis or | 7 | | treatment of conditions of the eye and adnexa after | 8 | | consideration of the agent's systemic effects, side effects, | 9 | | and the use of the agent within the practice of optometry. The | 10 | | Board shall consider requests for additional agents and make | 11 | | recommendations within 90 days after the receipt of the | 12 | | request. | 13 | | Within 45 days after the Board's recommendation to the | 14 | | Department of a pharmaceutical agent or class of agents, the | 15 | | Department shall promulgate rules necessary to allow for the | 16 | | prescribing or administering of the pharmaceutical agent or | 17 | | class of agents under this Act. | 18 | | (a-5) Ocular pharmaceutical agents may be administered by | 19 | | subcutaneous, subconjunctival, and intramuscular injections by | 20 | | an optometrist who meets the educational requirements | 21 | | established by the Department by rule. Intravenous injections | 22 | | are permitted for fluorescein angiography only. Retrobulbar, | 23 | | intraocular, and botulinum injections are not permitted | 24 | | administered by injection may be used only for the treatment of | 25 | | anaphylaxis . | 26 | | (a-10) Oral pharmaceutical agents may be prescribed for a |
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| 1 | | child under 5 years of age only in consultation with a | 2 | | physician licensed to practice medicine in all its branches. | 3 | | (a-15) The authority to prescribe a Schedule III, IV, or V | 4 | | controlled substance shall include analgesic agents only in a | 5 | | quantity sufficient to provide treatment for up to 72 hours. | 6 | | The prescription of a Schedule II controlled substance is | 7 | | prohibited, except for Dihydrocodeinone (Hydrocodone) with one | 8 | | or more active, non-narcotic ingredients only in a quantity | 9 | | sufficient to provide treatment for up to 72 hours, and only if | 10 | | such formulations of Dihydrocodeinone are reclassified as | 11 | | Schedule II by federal regulation.
| 12 | | (b) A licensed optometrist may remove superficial foreign | 13 | | bodies from the human eye and adnexa and may give orders for | 14 | | patient care to a nurse licensed to practice under Illinois | 15 | | law.
| 16 | | (c) An optometrist's license shall be revoked or suspended | 17 | | by the Department
upon recommendation of the Board based upon | 18 | | either of the
following causes: | 19 | | (1) grave or repeated misuse of any ocular
| 20 | | pharmaceutical agent; and | 21 | | (2) the use of any agent or procedure in the course of | 22 | | optometric practice
by an optometrist not properly | 23 | | authorized under this Act. | 24 | | (d) The Secretary of Financial and Professional Regulation | 25 | | shall notify
the Director of Public Health as to the categories | 26 | | of ocular
pharmaceutical agents permitted for use by an |
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| 1 | | optometrist. The Director of Public Health shall in turn
notify | 2 | | every licensed pharmacist in the State of the categories of | 3 | | ocular
pharmaceutical agents that can be utilized and | 4 | | prescribed by an optometrist.
| 5 | | (Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
| 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 and has no disciplinary action taken against his | 13 | | or her license in any jurisdiction. The Department may issue a | 14 | | license, upon payment of the required fee and recommendation of | 15 | | the Board, to an individual applicant who is licensed in any | 16 | | foreign country or province whose standards, in the opinion of | 17 | | the Board or Department ,
if the requirements for licensure in | 18 | | the jurisdiction in which the
applicant was licensed, were, at | 19 | | the date of his or her licensure,
substantially
equivalent to | 20 | | the requirements then in force in this State;
or if the | 21 | | applicant possesses individual qualifications and skills which
| 22 | | demonstrate substantial equivalence to current Illinois | 23 | | requirements.
| 24 | | Applicants have 3 years from the date of application to | 25 | | complete the
application process. If the process has not been |
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| 1 | | completed in 3 years, the
application shall be denied, the fee | 2 | | forfeited and the applicant must
reapply and meet the | 3 | | requirements in effect at the time of reapplication.
| 4 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 5 | | (225 ILCS 80/20) (from Ch. 111, par. 3920)
| 6 | | (Section scheduled to be repealed on January 1, 2017)
| 7 | | Sec. 20. Fund. All moneys received by the Department | 8 | | pursuant to this
Act
shall be deposited in the Optometric | 9 | | Licensing and Disciplinary Board
Fund, which is hereby created | 10 | | as a special fund in the State Treasury, and
shall be used for | 11 | | the administration of this Act, including: (a) by
the Board and | 12 | | Department in the exercise of its powers and performance of
its | 13 | | duties ,
as such use is made by the Department with full | 14 | | consideration of all
recommendations of the Board ; (b) for
| 15 | | costs directly related to license renewal of persons licensed | 16 | | under this Act;
and (c) for direct and allocable indirect costs | 17 | | related to the
public purposes
of the Department of Financial | 18 | | and Professional Regulation.
Subject to appropriation, moneys | 19 | | in the Optometric Licensing and
Disciplinary Board Fund may be | 20 | | used for
the
Optometric Education Scholarship Program | 21 | | administered by the Illinois Student
Assistance Commission | 22 | | pursuant to Section 65.70 of the Higher Education Student
| 23 | | Assistance Act.
| 24 | | Moneys in the Fund may be transferred to the Professions | 25 | | Indirect Cost Fund
as authorized under Section 2105-300 of the |
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| 1 | | Department of
Professional Regulation Law (20 ILCS | 2 | | 2105/2105-300).
| 3 | | Money in the Optometric Licensing and Disciplinary Board
| 4 | | Fund may be
invested and reinvested, with all earnings received | 5 | | from such investment to
be deposited in the Optometric | 6 | | Licensing and Disciplinary Board Fund
and used for the same | 7 | | purposes as fees deposited in such fund.
| 8 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 9 | | (225 ILCS 80/21) (from Ch. 111, par. 3921)
| 10 | | (Section scheduled to be repealed on January 1, 2017)
| 11 | | Sec. 21. The Department shall maintain a roster of the | 12 | | names and
addresses of all licensees
and of all persons whose
| 13 | | licenses have been suspended or revoked . This roster shall
be | 14 | | available upon written request and payment of the required fee.
| 15 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 16 | | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 17 | | (Section scheduled to be repealed on January 1, 2017)
| 18 | | Sec. 24. Grounds for disciplinary action.
| 19 | | (a) The Department may refuse to issue or to renew, or may
| 20 | | revoke, suspend, place on probation, reprimand or take other
| 21 | | disciplinary or non-disciplinary action as the Department may | 22 | | deem appropriate, including fines not
to exceed $10,000 for | 23 | | each violation, with regard to any license for any one or | 24 | | combination of the causes set forth in subsection (a-3) of this |
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| 1 | | Section. All fines collected under this Section shall be | 2 | | deposited in the Optometric Licensing and Disciplinary Board | 3 | | Fund. Any fine imposed shall be payable within 60 days after | 4 | | the effective date of the order imposing the fine.
| 5 | | (a-3) Grounds for disciplinary action include the | 6 | | following: | 7 | | (1) Violations of this Act, or of the rules promulgated
| 8 | | hereunder.
| 9 | | (2) Conviction of or entry of a plea of guilty to any | 10 | | crime under the laws of any U.S. jurisdiction
thereof that | 11 | | is a felony or that is a misdemeanor of which an essential | 12 | | element
is dishonesty, or any crime that is directly | 13 | | related to the practice of the
profession.
| 14 | | (3) Making any misrepresentation for the purpose of | 15 | | obtaining a
license.
| 16 | | (4) Professional incompetence or gross negligence in | 17 | | the
practice of optometry.
| 18 | | (5) Gross malpractice, prima facie evidence
of which | 19 | | may be a conviction or judgment of
malpractice in any court | 20 | | of competent jurisdiction.
| 21 | | (6) Aiding or assisting another person in violating any
| 22 | | provision of this Act or rules.
| 23 | | (7) Failing, within 60 days, to provide information in | 24 | | response
to a
written request made by the Department that | 25 | | has been sent by
certified or
registered mail to the | 26 | | licensee's last known address.
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| 1 | | (8) Engaging in dishonorable, unethical, or | 2 | | unprofessional
conduct of a
character likely to deceive, | 3 | | defraud, or harm the public.
| 4 | | (9) Habitual or excessive use or addiction to alcohol,
| 5 | | narcotics,
stimulants or any other chemical agent or drug | 6 | | that results in
the
inability to practice with reasonable | 7 | | judgment, skill, or safety.
| 8 | | (10) Discipline by another U.S. jurisdiction or | 9 | | foreign
nation, if at
least one of the grounds for the | 10 | | discipline is the same or substantially
equivalent to those | 11 | | set forth herein.
| 12 | | (11) Violation of the prohibition against fee | 13 | | splitting in Section 24.2 of this Act.
| 14 | | (12) A finding by the Department that the licensee, | 15 | | after
having his or
her
license placed on probationary | 16 | | status has violated the terms of
probation.
| 17 | | (13) Abandonment of a patient.
| 18 | | (14) Willfully making or filing false records or | 19 | | reports in
his or her
practice,
including but not limited | 20 | | to false records filed with State agencies or
departments.
| 21 | | (15) Willfully failing to report an instance of | 22 | | suspected
abuse or
neglect as required by law.
| 23 | | (16) Physical illness, including but not limited to,
| 24 | | deterioration
through the aging process, or loss of motor | 25 | | skill, mental illness, or
disability that results in the
| 26 | | inability to practice the profession with reasonable |
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| 1 | | judgment, skill,
or safety.
| 2 | | (17) Solicitation of professional services other than
| 3 | | permitted
advertising.
| 4 | | (18) Failure to provide a patient with a copy of his or
| 5 | | her record or
prescription in accordance with federal law.
| 6 | | (19) Conviction by any court of competent | 7 | | jurisdiction, either
within or
without this State, of any | 8 | | violation of any law governing the practice of
optometry, | 9 | | conviction in this or another State of any crime that
is a
| 10 | | felony under the laws of this State or conviction of a | 11 | | felony in a federal
court, if the Department determines, | 12 | | after investigation, that such person
has not been | 13 | | sufficiently rehabilitated to warrant the public trust.
| 14 | | (20) A finding that licensure has been applied for or | 15 | | obtained
by
fraudulent means.
| 16 | | (21) Continued practice by a person knowingly having an
| 17 | | infectious
or contagious
disease.
| 18 | | (22) Being named as a perpetrator in an indicated | 19 | | report by
the
Department of Children and Family Services | 20 | | under the Abused and
Neglected Child Reporting Act, and | 21 | | upon proof by clear and
convincing evidence that the | 22 | | licensee has caused a child to be an abused
child or a | 23 | | neglected child as defined in the Abused and Neglected | 24 | | Child
Reporting Act.
| 25 | | (23) Practicing or attempting to practice under a name | 26 | | other
than the
full name as shown on his or her license.
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| 1 | | (24) Immoral conduct in the commission of any act, such | 2 | | as
sexual abuse,
sexual misconduct or sexual exploitation, | 3 | | related to the licensee's
practice.
| 4 | | (25) Maintaining a professional relationship with any | 5 | | person,
firm, or
corporation when the optometrist knows, or | 6 | | should know, that such person,
firm, or corporation is | 7 | | violating this Act.
| 8 | | (26) Promotion of the sale of drugs, devices, | 9 | | appliances or
goods
provided for a client or patient in | 10 | | such manner as to exploit the patient
or client for | 11 | | financial gain of the licensee.
| 12 | | (27) Using the title "Doctor" or its abbreviation | 13 | | without
further
qualifying that title or abbreviation with | 14 | | the word "optometry" or
"optometrist".
| 15 | | (28) Use by a licensed optometrist of the
word
| 16 | | "infirmary",
"hospital", "school", "university", in | 17 | | English or any other
language, in connection with the place | 18 | | where optometry may be practiced or
demonstrated unless the | 19 | | licensee is employed by and practicing at a location that | 20 | | is licensed as a hospital or accredited as a school or | 21 | | university.
| 22 | | (29) Continuance of an optometrist in the employ of any
| 23 | | person, firm or
corporation, or as an assistant to any | 24 | | optometrist or optometrists,
directly or indirectly, after | 25 | | his or her employer or superior has been
found
guilty of | 26 | | violating or has been enjoined from violating the laws of |
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| 1 | | the
State of Illinois relating to the practice of | 2 | | optometry, when the employer
or superior persists in that | 3 | | violation.
| 4 | | (30) The performance of optometric service in | 5 | | conjunction with
a scheme
or plan with another person, firm | 6 | | or corporation known to be advertising in
a manner contrary | 7 | | to this Act or otherwise violating the laws of the State of
| 8 | | Illinois concerning the practice of optometry.
| 9 | | (31) Failure to provide satisfactory proof of having
| 10 | | participated in
approved continuing education programs as | 11 | | determined by the Board and
approved by the Secretary. | 12 | | Exceptions for extreme hardships are to be
defined by the | 13 | | rules of the Department.
| 14 | | (32) Willfully making or filing false records or | 15 | | reports in
the practice
of optometry, including, but not | 16 | | limited to false records to support claims
against the | 17 | | medical assistance program of the Department of Healthcare | 18 | | and Family Services (formerly Department of Public Aid)
| 19 | | under the Illinois Public Aid Code.
| 20 | | (33) Gross and willful overcharging for professional | 21 | | services
including
filing false statements for collection | 22 | | of fees for which services are not
rendered, including, but | 23 | | not limited to filing false statements for
collection of | 24 | | monies for services not rendered from the medical | 25 | | assistance
program of the Department of Healthcare and | 26 | | Family Services (formerly Department of Public Aid) under |
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| 1 | | the Illinois Public Aid
Code.
| 2 | | (34) In the absence of good reasons to the contrary, | 3 | | failure
to perform a
minimum eye examination as required by | 4 | | the rules of the Department.
| 5 | | (35) Violation of the Health Care Worker Self-Referral | 6 | | Act.
| 7 | | The Department shall may refuse to issue or may suspend the | 8 | | license of any person who fails to file a return, or to pay the | 9 | | tax,
penalty or interest shown in a filed return, or to pay any | 10 | | final assessment
of the tax, penalty or interest, as required | 11 | | by any tax Act administered by
the Illinois Department of | 12 | | Revenue, until such time as the requirements of
any such tax | 13 | | Act are satisfied.
| 14 | | (a-5) In enforcing this Section, the Board or Department, | 15 | | upon a showing of a possible
violation, may compel any | 16 | | individual licensed to practice under this Act, or
who has | 17 | | applied for licensure or certification pursuant to this Act,
to | 18 | | submit to a
mental or physical
examination, or both, as | 19 | | required by and at the expense of the Department. The
examining | 20 | | physicians or clinical psychologists shall be those | 21 | | specifically
designated by the Department Board . The Board or | 22 | | the Department may order the examining
physician or clinical | 23 | | psychologist to present testimony concerning this mental
or | 24 | | physical examination of the licensee or applicant. No | 25 | | information shall be
excluded by reason of any common law or | 26 | | statutory privilege relating to
communications between the |
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| 1 | | licensee or applicant and the examining physician or
clinical | 2 | | psychologist. Eye examinations may be provided by a licensed
| 3 | | optometrist. The individual to be examined may have,
at his or | 4 | | her own expense, another physician of his or her choice present
| 5 | | during all aspects of the examination. Failure of any | 6 | | individual to submit to
a mental or physical examination, when | 7 | | directed, shall be grounds for
suspension of a license until | 8 | | such time as the individual submits to the
examination if the | 9 | | Board or Department finds, after notice and hearing, that the | 10 | | refusal to
submit to the examination was without reasonable | 11 | | cause.
| 12 | | If the Board or Department finds an individual unable to | 13 | | practice because of the reasons
set forth in this Section, the | 14 | | Board or Department shall require such individual to submit to
| 15 | | care, counseling, or treatment by physicians or clinical | 16 | | psychologists approved
or designated by the Department Board , | 17 | | as a condition, term, or restriction for continued,
reinstated, | 18 | | or renewed licensure to practice, or in lieu of care, | 19 | | counseling,
or treatment, the Board may recommend to the | 20 | | Department to file a complaint to immediately suspend, revoke, | 21 | | or otherwise discipline the
license of the individual, or the | 22 | | Board may recommend to the Department to file
a complaint to | 23 | | suspend, revoke, or otherwise discipline the license of the
| 24 | | individual. Any individual whose license was granted pursuant | 25 | | to this Act, or
continued, reinstated, renewed, disciplined, or | 26 | | supervised, subject to such
conditions, terms, or |
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| 1 | | restrictions, who shall fail to comply with such
conditions, | 2 | | terms, or restrictions, shall be referred to the Secretary for | 3 | | a
determination as to whether the individual shall have his or | 4 | | her license
suspended immediately, pending a hearing by the | 5 | | Board.
| 6 | | (b) The determination by a circuit court that a licensee is | 7 | | subject to
involuntary admission or judicial admission as | 8 | | provided in the Mental
Health and Developmental Disabilities | 9 | | Code operates as an
automatic suspension. The suspension will | 10 | | end only upon a finding by a
court that the patient is no | 11 | | longer subject to involuntary admission or
judicial admission | 12 | | and issues an order so finding and discharging the
patient; and | 13 | | upon the recommendation of the Board to the Secretary
that
the | 14 | | licensee be allowed to resume his or her practice.
| 15 | | (Source: P.A. 99-43, eff. 1-1-16 .)
| 16 | | (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
| 17 | | (Section scheduled to be repealed on January 1, 2017)
| 18 | | Sec. 26.2. Investigation; notice. The Department may | 19 | | investigate the
actions of any applicant
or of any person or | 20 | | persons holding or claiming to hold a license. The
Department | 21 | | shall, before suspending, revoking, placing on probationary
| 22 | | status, or taking any other disciplinary action as the | 23 | | Department may deem
proper with regard to any license, at least | 24 | | 30 days prior
to the date set for the hearing, notify the | 25 | | accused in writing of any
charges made and the time and place |
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| 1 | | for a hearing of the charges before the
Board, direct him or | 2 | | her to file his or her written
answer to the Board
under
oath | 3 | | within 20 days after the service on him or her of the notice | 4 | | and
inform him or her
that if he or she fails to file an answer | 5 | | default will be taken against
him or her and
his or her license | 6 | | may be suspended, revoked, placed on
probationary status, or | 7 | | have other disciplinary action, including limiting
the scope, | 8 | | nature or extent of his or her practice, as the Department may
| 9 | | deem
proper taken with regard thereto. The Such written notice | 10 | | and any notice in the subsequent proceeding may be served by
| 11 | | personal delivery or by regular or certified delivery or | 12 | | certified or registered mail to
the applicant's or licensee's | 13 | | address of record Department .
In case the person fails to file | 14 | | an answer after receiving notice, his or
her license may, in | 15 | | the discretion of the Department, be
suspended, revoked, or | 16 | | placed on probationary status, or the Department may
take | 17 | | whatever disciplinary action deemed proper, including limiting | 18 | | the
scope, nature, or extent of the person's practice or the | 19 | | imposition of a
fine, without a hearing, if the act or acts | 20 | | charged constitute sufficient
grounds for such action under | 21 | | this Act.
At the time and place fixed in the notice, the | 22 | | Department
shall proceed to hear the charges and the parties or | 23 | | their counsel shall be
accorded ample opportunity to present | 24 | | such statements, testimony, evidence
and argument as may be | 25 | | pertinent to the charges or to their
defense.
The Department | 26 | | may continue the hearing from time to time.
At the discretion |
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| 1 | | of the Secretary after having first received the
recommendation | 2 | | of the Board, the accused person's license may
be suspended,
| 3 | | revoked, placed on probationary status, or whatever | 4 | | disciplinary action as
the Secretary may deem proper, including | 5 | | limiting the scope, nature,
or extent of
said person's | 6 | | practice, without a hearing, if the act or acts charged
| 7 | | constitute sufficient grounds for such action under this Act.
| 8 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 9 | | (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
| 10 | | (Section scheduled to be repealed on January 1, 2017)
| 11 | | Sec. 26.6. Findings of fact, conclusions of law, and | 12 | | recommendations.
At
the conclusion of the hearing the Board | 13 | | shall
present to the Secretary a written report of its findings | 14 | | of fact,
conclusions of law and recommendations. The report | 15 | | shall contain a finding
whether or not the accused person | 16 | | violated this Act or failed to comply
with the conditions | 17 | | required in this Act. The Board shall
specify the
nature of the | 18 | | violation or failure to comply, and shall make its
| 19 | | recommendations to the Secretary.
| 20 | | The report of findings of fact, conclusions of law and | 21 | | recommendations of
the Board shall be the basis for the | 22 | | Department's order.
If the Secretary disagrees in any
regard | 23 | | with the report of the Board, the Secretary may issue
an order | 24 | | in
contravention thereof. The Secretary
shall provide within 60 | 25 | | days of taking
such action a written report to the
Board on any |
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| 1 | | such deviation, and shall specify with
particularity the
| 2 | | reasons for said action in the final order. The finding is not | 3 | | admissible
in evidence against the person in a criminal | 4 | | prosecution brought for the
violation of this Act, but the | 5 | | hearing and findings are not a bar to a
criminal prosecution | 6 | | brought for the violation of this Act.
| 7 | | At any point in any investigation or disciplinary | 8 | | proceeding provided for in this Act, both parties may agree to | 9 | | a negotiated consent order. The consent order shall be final | 10 | | upon the signature of the Secretary. | 11 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 12 | | (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
| 13 | | (Section scheduled to be repealed on January 1, 2017)
| 14 | | Sec. 26.7. Hearing officer. Notwithstanding the provisions | 15 | | of Section
26.6 of this
Act, the Secretary shall have the | 16 | | authority to appoint any attorney duly
licensed to practice law | 17 | | in the State of Illinois to serve as the hearing
officer in any | 18 | | action for discipline of a
license. The Secretary
shall notify | 19 | | the Board of any such
appointment. The hearing officer shall | 20 | | have full authority to conduct the
hearing. The Board shall | 21 | | have the right to have at least one
member
present at any | 22 | | hearing conducted by such hearing officer. The hearing
officer | 23 | | shall report his or her findings of fact, conclusions
of law | 24 | | and recommendations to the Board and the Secretary.
The Board | 25 | | shall have 60 days from receipt of the report to
review the
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| 1 | | report of the hearing officer and present its findings of fact,
| 2 | | conclusions of law and recommendations to the Secretary. If the | 3 | | Board
fails to present its report within the 60 day period, the | 4 | | Secretary shall
issue an order based on the report of the | 5 | | hearing officer. If the Secretary
disagrees in any regard with | 6 | | the report of the Board or
hearing
officer, he or she may issue | 7 | | an order in contravention thereof. The
Secretary
shall provide | 8 | | a written explanation to the Board on any such
deviation, and | 9 | | shall specify with particularity the reasons for such action
in | 10 | | the final order.
| 11 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 12 | | (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
| 13 | | (Section scheduled to be repealed on January 1, 2017)
| 14 | | Sec. 26.8. Service of report; rehearing; order. In any case | 15 | | involving
the
discipline of a license, a copy of the Board's | 16 | | and hearing officer's report shall
be served
upon the | 17 | | respondent by the Department, either personally or as provided | 18 | | in
this Act for the service of the notice of hearing. Within 20 | 19 | | days after
such service, the respondent may present to the | 20 | | Department a motion in
writing for a rehearing, which motion | 21 | | shall specify the particular grounds
therefor. If no motion for | 22 | | rehearing is filed, then upon the expiration of
the time | 23 | | specified for filing such a motion, or if a motion for | 24 | | rehearing
is denied, then upon such denial the Secretary may | 25 | | enter an order in
accordance with this Act.
If the respondent |
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| 1 | | shall order from the reporting service, and pay for a
| 2 | | transcript of the record within the time for filing a motion | 3 | | for rehearing,
the 20 day period within which such a motion may | 4 | | be filed shall commence
upon the delivery of the transcript to | 5 | | the respondent.
| 6 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 7 | | (225 ILCS 80/26.15) (from Ch. 111, par. 3926.15)
| 8 | | (Section scheduled to be repealed on January 1, 2017)
| 9 | | Sec. 26.15. Certification of record. The Department shall | 10 | | not be
required to certify any
record to the Court or file any | 11 | | answer in court or otherwise appear in any
court in a judicial | 12 | | review proceeding, unless and until the Department has received | 13 | | from the plaintiff there is filed in the court,
with the | 14 | | complaint, a receipt from the Department acknowledging payment | 15 | | of
the costs of furnishing and certifying the record , which | 16 | | costs shall be determined by the Department . Failure on the
| 17 | | part of the plaintiff to file a receipt in Court shall be | 18 | | grounds
for dismissal of the action.
| 19 | | (Source: P.A. 87-1031 .)
| 20 | | (225 ILCS 80/27) (from Ch. 111, par. 3927)
| 21 | | (Section scheduled to be repealed on January 1, 2017)
| 22 | | Sec. 27. Administrative Procedure Act. The Illinois | 23 | | Administrative
Procedure Act is hereby expressly adopted and | 24 | | incorporated herein as if all of
the provisions of that Act |
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| 1 | | were included in this Act, except that the provision
of | 2 | | subsection (d) of Section 10-65 of the Illinois Administrative | 3 | | Procedure Act
that provides that at hearings the licensee has | 4 | | the right to show compliance
with all lawful requirements for | 5 | | retention, continuation or renewal of the
license is | 6 | | specifically excluded. For the purpose of this Act the notice
| 7 | | required under Section 10-25 of the Administrative Procedure | 8 | | Act is deemed
sufficient when mailed to the last known address | 9 | | of a party.
| 10 | | (Source: P.A. 88-45 .)
| 11 | | (225 ILCS 80/30 new) | 12 | | Sec. 30. Confidentiality. All information collected by the | 13 | | Department in the course of an examination or investigation of | 14 | | a licensee or applicant, including, but not limited to, any | 15 | | complaint against a license filed with the Department and | 16 | | information collected to investigate any such complaint, shall | 17 | | be maintained for the confidential use of the Department and | 18 | | shall not be disclosed. The Department may not disclose the | 19 | | information to anyone other than law enforcement officials, | 20 | | other regulatory agencies that have an appropriate regulatory | 21 | | interest as determined by the Secretary, or a party presenting | 22 | | a lawful subpoena to the Department. Information and documents | 23 | | disclosed to a federal, State, county, or local law enforcement | 24 | | agency shall not be disclosed by the agency for any purpose to | 25 | | any other agency or person. A formal complaint filed against a |
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| 1 | | licensee by the Department or any order issued by the | 2 | | Department against a licensee or applicant shall be a public | 3 | | record, except as otherwise prohibited by law.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law, except that the provisions changing Sections 3 | 6 | | and 15.1 of the Illinois Optometric Practice Act of 1987 and | 7 | | adding Section 15.3 of the Illinois Optometric Practice Act of | 8 | | 1987 take effect on January 1, 2017.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.27 | | | 4 | | 5 ILCS 80/4.37 new | | | 5 | | 225 ILCS 80/3 | from Ch. 111, par. 3903 | | 6 | | 225 ILCS 80/9 | from Ch. 111, par. 3909 | | 7 | | 225 ILCS 80/9.5 new | | | 8 | | 225 ILCS 80/10 | from Ch. 111, par. 3910 | | 9 | | 225 ILCS 80/11 | from Ch. 111, par. 3911 | | 10 | | 225 ILCS 80/14 | from Ch. 111, par. 3914 | | 11 | | 225 ILCS 80/15.1 | | | 12 | | 225 ILCS 80/18 | from Ch. 111, par. 3918 | | 13 | | 225 ILCS 80/20 | from Ch. 111, par. 3920 | | 14 | | 225 ILCS 80/21 | from Ch. 111, par. 3921 | | 15 | | 225 ILCS 80/24 | from Ch. 111, par. 3924 | | 16 | | 225 ILCS 80/26.2 | from Ch. 111, par. 3926.2 | | 17 | | 225 ILCS 80/26.6 | from Ch. 111, par. 3926.6 | | 18 | | 225 ILCS 80/26.7 | from Ch. 111, par. 3926.7 | | 19 | | 225 ILCS 80/26.8 | from Ch. 111, par. 3926.8 | | 20 | | 225 ILCS 80/26.15 | from Ch. 111, par. 3926.15 | | 21 | | 225 ILCS 80/27 | from Ch. 111, par. 3927 | | 22 | | 225 ILCS 80/30 new | |
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