Illinois General Assembly - Full Text of HB1976
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Full Text of HB1976  102nd General Assembly

HB1976 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1976

 

Introduced 2/17/2021, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 80/9  from Ch. 111, par. 3909
225 ILCS 80/15.4 new

    Amends the Illinois Optometric Practice Act of 1987. Provides that an optometrist licensed under the Act may practice optometry through telehealth as authorized by the Act and the Telehealth Act. Provides that an optometrist treating a patient located in Illinois through telehealth must be licensed under the Act. Provides that an optometrist practicing optometry through telehealth is subject to the same standard of care and practice standards that are applicable to optometric services provided in a clinic or office setting. Provides that an optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient. Provides that an optometrist treating a patient through telehealth must perform a minimum eye examination as required by the Illinois Administrative Code before prescribing eyeglasses or contact lenses to the patient. Provides that if the Department of Financial and Professional Regulation has reason to believe that a person has violated the provisions of the Act, it may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Defines terms.


LRB102 04380 SPS 14398 b

 

 

A BILL FOR

 

HB1976LRB102 04380 SPS 14398 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Optometric Practice Act of 1987 is
5amended by changing Section 9 and by adding Section 15.4 as
6follows:
 
7    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 9. Definitions. In this Act:
10        (1) "Department" means the Department of Financial and
11    Professional Regulation.
12        (2) "Secretary" means the Secretary of Financial and
13    Professional Regulation.
14        (3) "Board" means the Illinois Optometric Licensing
15    and Disciplinary Board appointed by the Secretary.
16        (4) "License" means the document issued by the
17    Department authorizing the person named thereon to
18    practice optometry.
19        (5) (Blank).
20        (6) "Direct supervision" means supervision of any
21    person assisting an optometrist, requiring that the
22    optometrist authorize the procedure, remain in the
23    facility while the procedure is performed, approve the

 

 

HB1976- 2 -LRB102 04380 SPS 14398 b

1    work performed by the person assisting before dismissal of
2    the patient, but does not mean that the optometrist must
3    be present with the patient, during the procedure. For the
4    dispensing of contact lenses, "direct supervision" means
5    that the optometrist is responsible for training the
6    person assisting the optometrist in the dispensing or sale
7    of contact lenses, but does not mean that the optometrist
8    must be present in the facility where he or she practices
9    under a license or ancillary registration at the time the
10    contacts are dispensed or sold. For the practice of
11    optometry through telehealth, "direct supervision" means
12    supervision by an optometrist of any person located at a
13    remote location who is assisting an optometrist with
14    procedures or optometric services administered to a
15    patient at the remote location when the optometrist is at
16    a distant site.
17        (7) "Address of record" means the designated address
18    recorded by the Department in the applicant's application
19    file or the licensee's license file maintained by the
20    Department's licensure maintenance unit.
21        (8) "Remote location" means the site at which the
22    patient is located at the time optometric services are
23    rendered through telehealth to that patient.
24        (9) "Distant site" means the location in Illinois from
25    which an optometrist is rendering services through
26    telehealth.

 

 

HB1976- 3 -LRB102 04380 SPS 14398 b

1        (10) "Interactive telecommunications system" means an
2    audio and video system permitting 2-way, real-time
3    interactive communication between a patient located at a
4    remote location and an optometrist located at a distant
5    site.
6        (11) "Telehealth" means the evaluation, diagnosis, or
7    interpretation of patient-specific data that is
8    transmitted by way of an interactive telecommunication
9    system between a remote location and an optometrist
10    located at a distant site that generates interaction or
11    treatment recommendations for a patient located at a
12    remote location. "Telehealth" includes the performance of
13    any of the activities set forth in Sections 3 and 15.1.
14(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)
 
15    (225 ILCS 80/15.4 new)
16    Sec. 15.4. Telehealth.
17    (a) The General Assembly finds and declares that, because
18of technological advances and changing practice patterns, the
19practice of optometry is occurring more frequently across
20increasing distances within the State of Illinois and that
21certain technological advances in the practice of optometry
22are in the public interest. The General Assembly further finds
23and declares that the practice of optometry is a privilege and
24that the licensure by this State of practitioners outside this
25State engaging in the practice of optometry within this State

 

 

HB1976- 4 -LRB102 04380 SPS 14398 b

1and the ability to discipline those practitioners is necessary
2for the protection of the public health, welfare, and safety.
3    (b) An optometrist may practice optometry through
4telehealth as authorized by this Act and the Telehealth Act.
5    (c) An optometrist treating a patient located in this
6State through telehealth must be licensed under this Act.
7    (d) An optometrist practicing optometry through telehealth
8is subject to the same standard of care and practice standards
9that are applicable to optometric services provided in a
10clinic or office setting.
11    (e) An optometrist may not provide telehealth services
12unless the optometrist has established a provider-patient
13relationship with the patient. In this subsection,
14"provider-patient relationship" means a relationship in which
15the optometrist has provided services to the patient at an
16in-person consultation no more than 3 years prior to the date
17on which telehealth services are provided. An in-person
18consultation is not required for new conditions relating to a
19patient with whom the optometrist has a provider-patient
20relationship unless the optometrist deems an in-person
21consultation is necessary to provide appropriate care.
22    (f) An optometrist treating a patient through telehealth
23must perform a minimum eye examination as required by 68 Ill.
24Adm. Code 1320.90 before prescribing eyeglasses or contact
25lenses to the patient. Nothing in this Section authorizes an
26eye examination that: (i) does not assess the ocular health

 

 

HB1976- 5 -LRB102 04380 SPS 14398 b

1and visual status of a patient, or (ii) consists solely of
2objective refractive data or information generated by an
3automated testing device, including an autorefractor, in order
4to establish a medical diagnosis or to determine a refractive
5error.
6    (g) A person who engages in the practice of optometry
7through telehealth without a license issued under this Act
8shall be subject to discipline or penalties provided in
9Sections 24 and 26.1.
10    (h) If the Department has reason to believe that a person
11has violated this Section, the Department may issue a rule to
12show cause why an order to cease and desist should not be
13entered against that person. The rule shall clearly set forth
14the grounds relied upon by the Department and shall provide a
15period of 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued immediately.