Full Text of HB2198 94th General Assembly
HB2198 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2198
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Optometric Practice Act of 1987. Makes a technical change in a Section concerning diagnostic and therapeutic certification.
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A BILL FOR
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HB2198 |
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LRB094 03203 RAS 33204 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Optometric Practice Act of 1987 is | 5 |
| amended by changing Section 15.1 as follows:
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| (225 ILCS 80/15.1)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 15.1. Diagnostic and therapeutic certification.
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| (a) Any licensed optometrist may apply to the
the | 10 |
| Department, in the form the
Department may prescribe, for a | 11 |
| certificate to use diagnostic topical ocular
pharmaceutical | 12 |
| agents and the Department shall certify the
applicant if:
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| (1) the applicant has received appropriate training | 14 |
| and certification from
a properly accredited institution | 15 |
| of higher learning for the certificate; and
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| (2) the applicant has demonstrated training and | 17 |
| competence to use
diagnostic topical ocular pharmaceutical | 18 |
| agents as required by the
Board pursuant to rule or | 19 |
| regulation approved by the
Board and adopted
by the | 20 |
| Department.
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| A certificate to use topical ocular pharmaceutical agents | 22 |
| for diagnostic
purposes previously issued
by the Department | 23 |
| that is current and valid on the effective date of this
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| amendatory Act of 1995 is valid until its expiration date and | 25 |
| entitles the
holder of the certificate to use diagnostic | 26 |
| topical ocular pharmaceutical
agents as provided in this Act.
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| (b) Any licensed optometrist may apply to the Department, | 28 |
| in the form the
Department may prescribe, for a certificate to | 29 |
| use therapeutic ocular
pharmaceutical agents and the | 30 |
| Department shall certify the applicant if:
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| (1) the applicant has received a certificate to use | 32 |
| diagnostic topical
ocular pharmaceutical agents under |
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HB2198 |
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LRB094 03203 RAS 33204 b |
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| subsection (a);
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| (2) the applicant has received appropriate training | 3 |
| and certification from
a properly accredited institution | 4 |
| of higher learning for the certificate; and
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| (3) the applicant has demonstrated training and | 6 |
| competence to use
therapeutic ocular pharmaceutical agents | 7 |
| as required by the Board pursuant
to rule or regulation | 8 |
| approved by the Board and adopted by
the Department.
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| All applicants for license renewal after January 1, 2006 | 10 |
| must apply for and
maintain certification to use therapeutic | 11 |
| ocular pharmaceutical agents.
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| (c) For purposes of the Act, "diagnostic topical ocular | 13 |
| pharmaceutical
agents" means anesthetics, mydriatics, | 14 |
| cycloplegics, and miotics used for
diagnostic purposes as | 15 |
| defined by the Board pursuant to rule
approved
by the Board and | 16 |
| adopted by the Department.
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| (d) For the purposes of the Act, "therapeutic ocular | 18 |
| pharmaceutical agents"
means the following when used for | 19 |
| diagnostic or therapeutic purposes:
topical
anti-infective | 20 |
| agents,
topical anti-allergy agents,
topical
anti-glaucoma | 21 |
| agents, topical anti-inflammatory agents, topical
anesthetic
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| agents, over the counter agents, non-narcotic oral analgesic
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| agents,
and mydriatic reversing
agents.
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| (e) A licensed optometrist who is therapeutically | 25 |
| certified may remove
superficial foreign bodies from the human | 26 |
| eye and adnexa.
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| (e-5) A licensed optometrist who is therapeutically
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| certified may give orders for patient care related to the use | 29 |
| of
therapeutic ocular pharmaceutical agents to a nurse licensed | 30 |
| to practice under
Illinois law.
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| (f) An optometrist's certificate to use diagnostic topical | 32 |
| ocular
pharmaceutical agents shall be revoked or suspended by | 33 |
| the Department upon
recommendation of the Board based on the | 34 |
| misuse of any
diagnostic topical
ocular pharmaceutical agent.
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| (g) An optometrist's certificate to use therapeutic ocular
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| pharmaceutical agents shall be revoked or suspended by
the |
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HB2198 |
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LRB094 03203 RAS 33204 b |
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| Department upon recommendation of the Board based on the
misuse | 2 |
| of any
therapeutic ocular pharmaceutical agent.
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| (h) An optometrist's license shall be revoked or suspended | 4 |
| by the Department
upon recommendation of the Board based upon | 5 |
| either of the
following causes:
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| (1) grave or repeated misuse of any diagnostic or | 7 |
| therapeutic ocular
pharmaceutical agent; and
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| (2) the use of any agent or procedure in the course of | 9 |
| optometric practice
by an optometrist not properly | 10 |
| certified under this Section.
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| (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, | 12 |
| 26.11, 26.14, and
26.15 of this Act shall apply to all | 13 |
| disciplinary proceedings brought under
this Section.
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| (j) The Director may temporarily suspend a certificate to | 15 |
| use diagnostic
topical ocular pharmaceuticals or a certificate | 16 |
| to use
therapeutic ocular pharmaceuticals or a license to | 17 |
| practice optometry, without
a hearing, simultaneously with the | 18 |
| institution of proceedings for a hearing
based upon a violation | 19 |
| of subsection (f), (g), or (h) of this Section, if the
Director | 20 |
| finds that evidence in his or her possession indicates that the
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| continued use of diagnostic topical ocular pharmaceuticals, or
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| therapeutic ocular pharmaceuticals, or continued practice of | 23 |
| optometry would
constitute an immediate danger to the public. | 24 |
| In the event that the Director
temporarily suspends a | 25 |
| certificate to use diagnostic topical ocular
pharmaceuticals, | 26 |
| therapeutic ocular pharmaceuticals, or a
license to practice | 27 |
| optometry without a hearing, a hearing by the Board
shall be | 28 |
| commenced within 15 days after suspension has occurred, and | 29 |
| concluded
without appreciable delay.
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| (k) The Director of the Department of Professional | 31 |
| Regulation shall notify
the Director of the Department of | 32 |
| Public Health as to the categories of ocular
pharmaceutical | 33 |
| agents permitted for use by an optometrist. The Director of the
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| Department of Public Health shall in turn
notify every licensed | 35 |
| pharmacist in the State of the categories of ocular
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| pharmaceutical agents that can be utilized and prescribed by an |
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LRB094 03203 RAS 33204 b |
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| optometrist.
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| (l) Nothing in this Act prohibits the use of diagnostic
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| topical ocular pharmaceutical agents or therapeutic ocular | 4 |
| pharmaceutical
agents
in the practice of optometry by | 5 |
| optometrists certified for such use under this
Section.
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| (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
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