Full Text of HB2286 96th General Assembly
HB2286enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional 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 Sections 7, 11, and 16 as follows:
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| (225 ILCS 80/7) (from Ch. 111, par. 3907)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 7. Additional practice locations licenses . Every | 9 |
| holder of a license under this Act shall report to the | 10 |
| Department every additional location where the licensee | 11 |
| engages in the practice of optometry. Such reports shall be | 12 |
| made prior to practicing at the location and shall be done in a | 13 |
| manner prescribed by the Department. Failure to report a | 14 |
| practice location or to maintain evidence of such a report at | 15 |
| the practice location shall be a violation of this Act and | 16 |
| shall be considered the unlicensed practice of optometry. | 17 |
| Registering a location where a licensee does not practice shall | 18 |
| also be a violation of this Act. Upon proper application
and | 19 |
| payment of the prescribed fee,
additional licenses may be | 20 |
| issued to active practitioners
who are engaged in the practice | 21 |
| of optometry at more than one address.
A license must be | 22 |
| displayed at each location where the licensee engages in
the | 23 |
| practice of optometry.
Nothing contained herein, however, |
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| shall be construed to require a licensed
optometrist in active | 2 |
| practice to report a location to the Department when obtain an | 3 |
| additional license for the purpose of serving on the staff of a | 4 |
| hospital or an
institution that receives no fees (other than | 5 |
| entrance
registration
fees)
for the services rendered by the | 6 |
| optometrist and for which the optometrist
receives no fees or | 7 |
| compensation directly or indirectly for such services
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| rendered. Nothing contained herein shall be construed to | 9 |
| require a
licensed optometrist to report a location to the | 10 |
| Department when obtain an additional license for
the purpose of | 11 |
| rendering necessary optometric services for his or her
patients
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| confined to their homes, hospitals or institutions, or to act | 13 |
| in an
advisory capacity, with or without remuneration, in any | 14 |
| industry, school or
institution.
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| (Source: P.A. 94-787, eff. 5-19-06.)
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| (225 ILCS 80/11) (from Ch. 111, par. 3911)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 11. Optometric Licensing and Disciplinary Board. The | 19 |
| Secretary shall
appoint an Illinois Optometric Licensing
and | 20 |
| Disciplinary Board as follows: Seven persons who shall be
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| appointed
by and shall serve in an advisory capacity to the | 22 |
| Secretary. Five members
must be lawfully and actively engaged | 23 |
| in the practice of optometry in this
State, one member shall be | 24 |
| a licensed optometrist, with a full-time faculty appointment | 25 |
| with the
Illinois College of
Optometry, and one member must be |
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| a member of the public who shall be a
voting member and is not | 2 |
| licensed under this Act, or a
similar Act of
another | 3 |
| jurisdiction, or have any connection with the profession. | 4 |
| Neither
the public member nor the faculty member shall | 5 |
| participate in the
preparation or administration of the | 6 |
| examination of applicants for
licensure . or certification.
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| Members shall serve 4-year terms and until their successors
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| are appointed
and qualified. No member shall be appointed to
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| the Board for more than 2 successive 4-year terms, not counting | 10 |
| any partial
terms when appointed to fill the unexpired portion | 11 |
| of a vacated term. Appointments to
fill
vacancies shall be made | 12 |
| in the same manner as original appointments, for
the unexpired | 13 |
| portion of the vacated term.
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| The Board shall annually elect a chairperson and a
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| vice-chairperson, both of whom shall be licensed optometrists.
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| The membership of the Board should reasonably reflect
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| representation
from the geographic areas in this State.
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| A majority of the Board members currently appointed shall | 19 |
| constitute a
quorum. A vacancy in the membership of the Board | 20 |
| shall not impair the right of
a quorum to perform all of the | 21 |
| duties of the Board.
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| The Secretary may terminate the appointment of any member | 23 |
| for cause.
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| The Secretary shall give due consideration to all | 25 |
| recommendations of the
Board, and in the event that the | 26 |
| Secretary disagrees with or
takes
action contrary to the |
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| recommendation of the Board, he or
she shall provide
the Board | 2 |
| with a written and specific explanation of this
action. None
of | 3 |
| the functions, powers or duties of the Department with respect | 4 |
| to
policy matters relating to licensure, discipline, and | 5 |
| examination,
including the promulgation of such rules as may
be | 6 |
| necessary for the administration of this Act, shall be | 7 |
| exercised by the
Department except upon review of the Board.
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| Without, in any manner, limiting the power of the | 9 |
| Department to conduct
investigations, the Board may recommend | 10 |
| to the Secretary that
one or more
licensed optometrists be | 11 |
| selected by the Secretary to conduct or assist in any
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| investigation pursuant to this Act. Such licensed optometrist | 13 |
| may receive
remuneration as determined by the Secretary.
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| (Source: P.A. 94-787, eff. 5-19-06.)
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| (225 ILCS 80/16) (from Ch. 111, par. 3916)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 16. Renewal, reinstatement or restoration of | 18 |
| licenses; military
service. The expiration date and renewal | 19 |
| period for each license issued under this Act shall be set by | 20 |
| rule.
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| All renewal applicants shall provide proof of having met | 22 |
| the requirements
of continuing education set forth in the rules | 23 |
| of the Department. The
Department shall, by rule, provide for | 24 |
| an orderly process for the
reinstatement of licenses which have | 25 |
| not been renewed due to failure to
meet the continuing |
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| education requirements. The continuing education
requirement | 2 |
| may be waived for such good cause, including but not limited to
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| illness or hardship, as defined by rules
of the Department.
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| The Department shall establish by rule a means for the | 5 |
| verification of
completion of the continuing education | 6 |
| required by this Section. This
verification may be accomplished | 7 |
| through audits of records maintained by
registrants; by | 8 |
| requiring the filing of continuing education certificates
with | 9 |
| the Department; or by other means established by the | 10 |
| Department.
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| Any licensee seeking renewal of his or her license during | 12 |
| the renewal cycle beginning April 1, 2008 must first complete a | 13 |
| tested educational course in the use of oral pharmaceutical | 14 |
| agents for the management of ocular conditions, as approved by | 15 |
| the Board.
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| Any optometrist who has permitted his or her license to | 17 |
| expire or who has
had his or her license on inactive status may | 18 |
| have his or her license restored
by making application to the | 19 |
| Department and filing proof acceptable to the
Department of his | 20 |
| or her fitness to have his or her license restored and by
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| paying the required fees. Such proof of fitness may include | 22 |
| evidence
certifying to active lawful practice in another | 23 |
| jurisdiction and must include
proof of the completion of the | 24 |
| continuing education requirements specified in
the rules for | 25 |
| the preceding license renewal period that has been completed | 26 |
| during the 2 years prior to the
application for license |
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| restoration.
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| The Department shall determine, by an evaluation program | 3 |
| established by
rule, his or her fitness for restoration of his | 4 |
| or her license and
shall establish procedures and requirements | 5 |
| for such restoration.
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| However, any optometrist whose license expired while he or | 7 |
| she was (1) in
Federal Service on active duty with the Armed | 8 |
| Forces of the United States,
or the State Militia called into | 9 |
| service or training, or (2) in training or
education under the | 10 |
| supervision of the United States preliminary to
induction into | 11 |
| the military service, may have his or her license restored
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| without paying any lapsed renewal fees if within 2 years after | 13 |
| honorable
termination of such service, training, or education, | 14 |
| he or she furnishes
the Department with satisfactory evidence | 15 |
| to the effect that he or she has
been so engaged and that his or | 16 |
| her service, training, or education has been
so terminated. | 17 |
| All licenses without "Therapeutic Certification" on March | 18 |
| 31, 2006 shall be placed on non-renewed status and may only be | 19 |
| renewed after the licensee meets those requirements | 20 |
| established by the Department that may not be waived. All | 21 |
| licensees on March 31, 2010 without a certification of | 22 |
| completion of an oral pharmaceutical course as required by this | 23 |
| Section shall be placed on non-renewed status and may only be | 24 |
| renewed after the licensee meets those requirements | 25 |
| established by the Department that may not be waived.
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| (Source: P.A. 94-787, eff. 5-19-06; 95-242, eff. 1-1-08.)
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| (225 ILCS 80/15.2 rep.) | 2 |
| Section 10. The Illinois Optometric Practice Act of 1987 is | 3 |
| amended by repealing Section 15.2.
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