Full Text of SB0567 102nd General Assembly
SB0567enr 102ND GENERAL ASSEMBLY |
| | SB0567 Enrolled | | LRB102 04381 SPS 14399 b |
|
| 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 Illinois Optometric Practice Act of 1987 is | 5 | | amended by changing Section 9 and by adding Section 15.4 as | 6 | | follows:
| 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| 8 | | (Section scheduled to be repealed on January 1, 2027)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 |
| | | SB0567 Enrolled | - 2 - | LRB102 04381 SPS 14399 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. |
| | | SB0567 Enrolled | - 3 - | LRB102 04381 SPS 14399 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 | 18 | | of technological advances and changing practice patterns, the | 19 | | practice of optometry is occurring more frequently across | 20 | | increasing distances within the State of Illinois and that | 21 | | certain technological advances in the practice of optometry | 22 | | are in the public interest. The General Assembly further finds | 23 | | and declares that the practice of optometry is a privilege and | 24 | | that the licensure by this State of practitioners outside this | 25 | | State engaging in the practice of optometry within this State |
| | | SB0567 Enrolled | - 4 - | LRB102 04381 SPS 14399 b |
|
| 1 | | and the ability to discipline those practitioners is necessary | 2 | | for the protection of the public health, welfare, and safety. | 3 | | (b) An optometrist may practice optometry through | 4 | | telehealth as authorized by this Act and the Telehealth Act. | 5 | | If there is any conflict between the provisions of this Act and | 6 | | the provisions of the Telehealth Act, the provisions of this | 7 | | Act control. | 8 | | (c) An optometrist treating a patient located in this | 9 | | State through telehealth must be licensed under this Act. | 10 | | (d) An optometrist practicing optometry through telehealth | 11 | | is subject to the same standard of care and practice standards | 12 | | that are applicable to optometric services provided in a | 13 | | clinic or office setting. | 14 | | (e) An optometrist may not provide telehealth services | 15 | | unless the optometrist has established a provider-patient | 16 | | relationship with the patient. In this subsection, | 17 | | "provider-patient relationship" means a relationship in which | 18 | | the optometrist has provided services to the patient at an | 19 | | in-person consultation no more than 3 years prior to the date | 20 | | on which telehealth services are provided. An in-person | 21 | | consultation is not required for new conditions relating to a | 22 | | patient with whom the optometrist has a provider-patient | 23 | | relationship unless the optometrist deems an in-person | 24 | | consultation is necessary to provide appropriate care. An | 25 | | optometrist may treat a patient through telehealth in the | 26 | | absence of a provider-patient relationship when, in the |
| | | SB0567 Enrolled | - 5 - | LRB102 04381 SPS 14399 b |
|
| 1 | | professional judgment of the optometrist, emergency care is | 2 | | required. | 3 | | (f) An optometrist treating a patient through telehealth | 4 | | must perform at least a minimum eye examination as required by | 5 | | 68 Ill. Adm. Code 1320.90 before prescribing eyeglasses or | 6 | | contact lenses to the patient. Nothing in this Section | 7 | | authorizes an eye examination that: (i) does not assess the | 8 | | ocular health and visual status of a patient, or (ii) consists | 9 | | solely of objective refractive data or information generated | 10 | | by an automated testing device, including an autorefractor, in | 11 | | order to establish a medical diagnosis or to determine a | 12 | | refractive error. | 13 | | (g) A person who engages in the practice of optometry | 14 | | through telehealth without a license issued under this Act | 15 | | shall be subject to discipline or penalties provided in | 16 | | Sections 24 and 26.1. | 17 | | (h) If the Department has reason to believe that a person | 18 | | has violated this Section, the Department may issue a rule to | 19 | | show cause why an order to cease and desist should not be | 20 | | entered against that person. The rule shall clearly set forth | 21 | | the grounds relied upon by the Department and shall provide a | 22 | | period of 7 days from the date of the rule to file an answer to | 23 | | the satisfaction of the Department. Failure to answer to the | 24 | | satisfaction of the Department shall cause an order to cease | 25 | | and desist to be issued immediately.
|
|