Full Text of SB2469 094th General Assembly
SB2469enr 94TH GENERAL ASSEMBLY
|
|
|
SB2469 Enrolled |
|
LRB094 16641 RAS 51909 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 Regulatory Sunset Act is amended by changing | 5 |
| Section 4.17 and by adding Section 4.27 as follows:
| 6 |
| (5 ILCS 80/4.17)
| 7 |
| Sec. 4.17. Acts repealed on January 1, 2007. The following | 8 |
| are repealed on
January 1, 2007:
| 9 |
| The Boiler and Pressure Vessel Repairer Regulation | 10 |
| Act.
| 11 |
| The Structural Pest Control Act.
| 12 |
| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, | 13 |
| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois | 14 |
| Insurance Code.
| 15 |
| The Clinical Psychologist Licensing Act.
| 16 |
| The Illinois Optometric Practice Act of 1987.
| 17 |
| The Medical Practice Act of 1987.
| 18 |
| The Environmental Health Practitioner Licensing Act.
| 19 |
| (Source: P.A. 92-837, eff. 8-22-02.)
| 20 |
| (5 ILCS 80/4.27 new) | 21 |
| Sec. 4.27. Act repealed on January 1, 2017. The following | 22 |
| Act is repealed on January 1, 2017: | 23 |
| The Illinois Optometric Practice Act of 1987. | 24 |
| Section 10. The Illinois Optometric Practice Act of 1987 is | 25 |
| amended by changing Sections 3, 4.5, 5, 6, 7, 8, 9, 10, 11, 12, | 26 |
| 13, 14, 15.1, 16, 17, 19, 20, 21, 23, 24, 25, 26.1, 26.2, 26.5, | 27 |
| 26.6, 26.7, 26.8, 26.9, 26.10, 26.11, 26.12, 26.13, and 28 and | 28 |
| by adding Sections 11.5 and 15.2 as follows:
| 29 |
| (225 ILCS 80/3) (from Ch. 111, par. 3903)
|
|
|
|
SB2469 Enrolled |
- 2 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2007)
| 2 |
| Sec. 3. Practice of optometry defined; referrals; | 3 |
| manufacture of lenses
and prisms.
| 4 |
| (a) The practice of optometry is defined as the employment | 5 |
| of any
and all means for the examination, diagnosis, and | 6 |
| treatment of the human
visual system, the human eye, and its | 7 |
| appendages without the use of
surgery, including but not | 8 |
| limited to: the appropriate
use of diagnostic ocular | 9 |
| pharmaceutical agents and therapeutic ocular
pharmaceutical | 10 |
| agents; refraction and other determinants of visual function;
| 11 |
| prescribing corrective lenses or prisms; prescribing, | 12 |
| dispensing, or management
of contact lenses; vision therapy; | 13 |
| visual rehabilitation; or any other
procedures taught in | 14 |
| schools and colleges of optometry approved by the
Department, | 15 |
| and not specifically restricted in this Act, subject to
| 16 |
| demonstrated competency and training as required by the Board, | 17 |
| and pursuant
to rule or regulation approved by the Board and | 18 |
| adopted by
the Department.
| 19 |
| A person shall be deemed to be practicing optometry within | 20 |
| the meaning of
this Act who:
| 21 |
| (1) In any way presents himself or herself to be | 22 |
| qualified to
practice optometry.
| 23 |
| (2) Performs refractions or employs any other | 24 |
| determinants of
visual function.
| 25 |
| (3) Employs any means for the adaptation of lenses or | 26 |
| prisms.
| 27 |
| (4) Prescribes corrective lenses, prisms, vision | 28 |
| therapy,
visual rehabilitation, or ocular pharmaceutical | 29 |
| agents.
| 30 |
| (5) Prescribes or manages contact lenses for | 31 |
| refractive,
cosmetic, or therapeutic purposes.
| 32 |
| (6) Evaluates the need for, or prescribes, low vision | 33 |
| aids to
partially sighted persons.
| 34 |
| (7) Diagnoses or treats any ocular abnormality, | 35 |
| disease, or
visual or muscular anomaly of the human eye or | 36 |
| visual system.
|
|
|
|
SB2469 Enrolled |
- 3 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (8) Practices, or offers or attempts to practice, | 2 |
| optometry as defined in
this Act either on his or her own | 3 |
| behalf or as an employee
of a person, firm,
or corporation, | 4 |
| whether under the supervision of his or her employer or | 5 |
| not.
| 6 |
| Nothing in this Section shall be interpreted (i) to prevent | 7 |
| a person from
functioning as an assistant under the direct | 8 |
| supervision of a person licensed
by the State of Illinois to | 9 |
| practice optometry or medicine in all of its
branches or (ii) | 10 |
| to prohibit visual screening programs that
are conducted | 11 |
| without a fee (other than voluntary donations), by
charitable | 12 |
| organizations
acting in the public welfare under
the | 13 |
| supervision of a committee composed of persons licensed by the | 14 |
| State of
Illinois to practice optometry or persons licensed by | 15 |
| the State of Illinois
to practice medicine in all of its | 16 |
| branches.
| 17 |
| (b) When, in the course of providing optometric services to | 18 |
| any person,
an optometrist licensed under this Act finds an | 19 |
| indication of a disease or
condition of the eye which in his or | 20 |
| her professional judgment requires
professional service | 21 |
| outside the scope of practice as defined in this Act,
he or she | 22 |
| shall refer such person to a physician licensed to practice | 23 |
| medicine
in all of its branches, or other appropriate health | 24 |
| care practitioner.
Nothing in this Act shall preclude an | 25 |
| optometrist who is therapeutically
certified from rendering | 26 |
| appropriate nonsurgical
ophthalmic emergency care.
| 27 |
| (c) Nothing contained in this Section shall prohibit a | 28 |
| person from
manufacturing ophthalmic lenses and prisms or the | 29 |
| fabrication
of contact lenses according to the specifications | 30 |
| prescribed by an optometrist
or a physician licensed to | 31 |
| practice medicine in all of its branches, but shall
| 32 |
| specifically prohibit the sale or delivery of ophthalmic
| 33 |
| lenses, prisms, and contact lenses without a prescription | 34 |
| signed by an
optometrist or a physician licensed to practice | 35 |
| medicine in all of its
branches.
| 36 |
| (d) Nothing in this Act shall restrict the filling of a |
|
|
|
SB2469 Enrolled |
- 4 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| prescription by a
pharmacist licensed under the Pharmacy | 2 |
| Practice Act of 1987.
| 3 |
| (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
| 4 |
| (225 ILCS 80/4.5)
| 5 |
| (Section scheduled to be repealed on January 1, 2007)
| 6 |
| Sec. 4.5. Unlicensed practice; violation; civil penalty.
| 7 |
| (a) Any person who practices, offers to practice, attempts | 8 |
| to practice, or
holds oneself out to practice optometry without | 9 |
| being licensed under this Act
or any individual or entity that | 10 |
| causes or attempts to cause a licensed optometrist or any other | 11 |
| person under that individual's or entity's control to violate | 12 |
| this Act or any other State or federal law or rule related to | 13 |
| the practice of optometry shall, in
addition to any other | 14 |
| penalty provided by law, pay a civil penalty to the
Department | 15 |
| in an amount not to exceed $10,000
$5,000 for each offense as | 16 |
| determined by
the Department. The civil penalty shall be | 17 |
| assessed by the Department after a
hearing is held in | 18 |
| accordance with the provisions set forth in this Act
regarding | 19 |
| the provision of a hearing for the discipline of a licensee.
| 20 |
| (b) The Department has the authority and power to | 21 |
| investigate any and all
unlicensed activity.
| 22 |
| (c) The civil penalty shall be paid within 60 days after | 23 |
| the effective date
of the order imposing the civil penalty. The | 24 |
| order shall constitute a judgment
and may be filed and | 25 |
| execution had thereon in the same manner as any judgment
from | 26 |
| any court of record.
| 27 |
| (Source: P.A. 93-754, eff. 7-16-04.)
| 28 |
| (225 ILCS 80/5) (from Ch. 111, par. 3905)
| 29 |
| (Section scheduled to be repealed on January 1, 2007)
| 30 |
| Sec. 5. Title and designation of licensed optometrists. | 31 |
| Every person to
whom a valid existing license as an
optometrist | 32 |
| has been issued under this Act, shall be designated
| 33 |
| professionally as an "optometrist" and not otherwise, and any | 34 |
| such licensed
optometrist may, in connection with the practice |
|
|
|
SB2469 Enrolled |
- 5 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| of his or her profession,
use the
title or designation of | 2 |
| "optometrist", and, if entitled by degree from a
college or | 3 |
| university recognized by the Department of Financial and
| 4 |
| Professional
Regulation, may use the title of "Doctor of | 5 |
| Optometry", or the abbreviation
"O.D.". When the name of such | 6 |
| licensed optometrist is used professionally
in oral, written, | 7 |
| or printed announcements, prescriptions, professional
cards, | 8 |
| or publications for the information of the public, and is | 9 |
| preceded
by the title "Doctor" or the abbreviation "Dr.", the | 10 |
| explanatory
designation of "optometrist", "optometry", or | 11 |
| "Doctor of Optometry" shall
be added immediately following such | 12 |
| title and name. When such
announcement, prescription, | 13 |
| professional care or publication is in writing
or in print, | 14 |
| such explanatory addition shall be in writing, type, or print
| 15 |
| not less than one-half the size of that used in said name and | 16 |
| title. No
person other than the holder of a valid existing | 17 |
| license under this Act
shall use the title and designation of | 18 |
| "Doctor of Optometry", "O.D.", or
"optometrist", either | 19 |
| directly or indirectly in connection with his or her
profession | 20 |
| or business.
| 21 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 22 |
| (225 ILCS 80/6) (from Ch. 111, par. 3906)
| 23 |
| (Section scheduled to be repealed on January 1, 2007)
| 24 |
| Sec. 6. Display of license or certificate ; change of | 25 |
| address; record of
examinations and prescriptions. Every | 26 |
| holder of a license or
certificate under this Act shall
display | 27 |
| such license or certificate on a conspicuous place in the | 28 |
| office or
offices wherein such holder practices optometry and | 29 |
| every holder shall,
whenever requested, exhibit such license or | 30 |
| certificate to any
representative of the Department, and shall | 31 |
| notify the Department of the
address or addresses and of every | 32 |
| change thereof, where such holder shall
practice optometry.
| 33 |
| Every licensed optometrist shall keep a record of | 34 |
| examinations made and
prescriptions issued, which record shall | 35 |
| include the names of persons
examined and for whom |
|
|
|
SB2469 Enrolled |
- 6 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| prescriptions were prepared, and shall be signed by
the | 2 |
| licensed optometrist and retained by him in the office in which | 3 |
| such
professional service was rendered. Such records shall be | 4 |
| preserved by the
optometrist for a period designated by the | 5 |
| Department. A copy of such records
shall be
provided, upon | 6 |
| written request, to the person examined, or his or her
| 7 |
| designee.
| 8 |
| (Source: P.A. 91-141, eff. 7-16-99.)
| 9 |
| (225 ILCS 80/7) (from Ch. 111, par. 3907)
| 10 |
| (Section scheduled to be repealed on January 1, 2007)
| 11 |
| Sec. 7. Additional licenses and certificates . Upon proper | 12 |
| application
and payment of the prescribed fee,
additional | 13 |
| licenses and certificates may be issued to active practitioners
| 14 |
| who are engaged in the practice of optometry at more than one | 15 |
| address.
A license must be displayed at each location where the | 16 |
| licensee engages in
the practice of optometry.
Nothing | 17 |
| contained herein, however, shall be construed to require a | 18 |
| licensed
optometrist in active practice to obtain an additional | 19 |
| license or
certificate for the purpose of serving on the staff | 20 |
| of a hospital or an
institution that receives no fees (other | 21 |
| than entrance
registration
fees)
for the services rendered by | 22 |
| the optometrist and for which the optometrist
receives no fees | 23 |
| or compensation directly or indirectly for such services
| 24 |
| rendered. Nothing contained herein shall be construed to | 25 |
| require a
licensed optometrist to obtain an additional license | 26 |
| or certificate for
the purpose of rendering necessary | 27 |
| optometric services for his or her
patients
confined to their | 28 |
| homes, hospitals or institutions, or to act in an
advisory | 29 |
| capacity, with or without remuneration, in any industry, school | 30 |
| or
institution.
| 31 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 32 |
| (225 ILCS 80/8) (from Ch. 111, par. 3908)
| 33 |
| (Section scheduled to be repealed on January 1, 2007)
| 34 |
| Sec. 8. Permitted activities. This Act does not prohibit:
|
|
|
|
SB2469 Enrolled |
- 7 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (1) Any person licensed in this State under any other Act | 2 |
| from
engaging
in the practice for which he or she is licensed.
| 3 |
| (2) The practice of optometry by a person who is employed | 4 |
| by the
United
States government or any bureau, division or | 5 |
| agency thereof while in the
discharge of the employee's | 6 |
| official duties.
| 7 |
| (3) The practice of optometry that is included in
their | 8 |
| program
of study
by students enrolled in schools of optometry | 9 |
| or in continuing education
refresher courses
approved by the | 10 |
| Department.
| 11 |
| (4) Persons, firms, and corporations who manufacture or | 12 |
| deal in
eye
glasses or spectacles in a store, shop, or other | 13 |
| permanently established
place of business, and who neither | 14 |
| practice nor attempt to practice
optometry from engaging the | 15 |
| services of one or more licensed optometrists,
nor prohibit any | 16 |
| such licensed optometrist when so engaged, to practice
| 17 |
| optometry as defined in Section 3 of this Act, when the person, | 18 |
| or firm, or
corporation so conducts his or her or its business | 19 |
| in a permanently
established
place and in such manner that his | 20 |
| or her or its activities, in any
department in
which such | 21 |
| optometrist is engaged, insofar as the practice of optometry is
| 22 |
| concerned, are in keeping with the limitations imposed upon | 23 |
| individual
practitioners of optometry by subparagraphs
17, 23, | 24 |
| 26, 27, 28, 29, and 30 of Section 24 of this Act; provided, | 25 |
| that
such licensed optometrist or optometrists shall not be
| 26 |
| exempt, by reason
of such relationship, from compliance with | 27 |
| the provisions of this Act as
prescribed for individual | 28 |
| practitioners of optometry.
| 29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 30 |
| (225 ILCS 80/9) (from Ch. 111, par. 3909)
| 31 |
| (Section scheduled to be repealed on January 1, 2007)
| 32 |
| Sec. 9. Definitions. In this Act:
| 33 |
| (1) "Department" means the Department of Financial and
| 34 |
| Professional
Regulation.
| 35 |
| (2) " Secretary
Director " means the Secretary
Director
|
|
|
|
SB2469 Enrolled |
- 8 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| of Financial and Professional Regulation.
| 2 |
| (3) "Board" means the Illinois Optometric
Licensing | 3 |
| and
Disciplinary
Board appointed by the Secretary
| 4 |
| Director .
| 5 |
| (4) "License" means the document issued by the | 6 |
| Department
authorizing the
person named thereon to | 7 |
| practice optometry.
| 8 |
| (5) (Blank).
"Certificate" means the document issued | 9 |
| by the Department
authorizing
the person named thereon as a | 10 |
| certified optometrist qualified to use
diagnostic topical | 11 |
| ocular pharmaceutical agents or therapeutic
ocular | 12 |
| pharmaceutical agents.
| 13 |
| (6) "Direct supervision" means supervision of any | 14 |
| person
assisting
an
optometrist, requiring that the | 15 |
| optometrist authorize the procedure, remain
in the | 16 |
| facility while the procedure is performed, approve the work
| 17 |
| performed by the person assisting before dismissal of the | 18 |
| patient, but does
not mean that the optometrist must be | 19 |
| present with the patient, during the
procedure.
| 20 |
| (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
| 21 |
| (225 ILCS 80/10) (from Ch. 111, par. 3910)
| 22 |
| (Section scheduled to be repealed on January 1, 2007)
| 23 |
| Sec. 10. Powers and duties of Department; rules; report. | 24 |
| The Department
shall exercise the powers and duties
prescribed | 25 |
| by the Civil Administrative Code of Illinois for the
| 26 |
| administration of Licensing Acts and shall exercise such other | 27 |
| powers and
duties necessary for effectuating the purpose of | 28 |
| this Act.
| 29 |
| The Secretary
Director shall promulgate Rules consistent | 30 |
| with the provisions of
this Act, for the administration and | 31 |
| enforcement thereof and may prescribe
forms that shall be | 32 |
| issued in connection therewith. The rules
shall
include | 33 |
| standards and criteria for licensure and certification, and
| 34 |
| professional conduct and discipline.
| 35 |
| The Department shall consult with the Board in promulgating
|
|
|
|
SB2469 Enrolled |
- 9 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| rules.
Notice of proposed rulemaking shall be transmitted to | 2 |
| the Board and the
Department shall review the Board's responses | 3 |
| and any
recommendations
made therein. The Department shall | 4 |
| notify the Board in
writing with
explanations of deviations | 5 |
| from the Board's recommendations
and
responses. The Department | 6 |
| may solicit the advice of the Board on any
matter relating to | 7 |
| the administration and enforcement of this Act.
| 8 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 9 |
| (225 ILCS 80/11) (from Ch. 111, par. 3911)
| 10 |
| (Section scheduled to be repealed on January 1, 2007)
| 11 |
| Sec. 11. Optometric Licensing and Disciplinary Board. The | 12 |
| Secretary
Director shall
appoint an Illinois Optometric | 13 |
| Licensing
and Disciplinary Board as follows: Seven persons who | 14 |
| shall be
appointed
by and shall serve in an advisory capacity | 15 |
| to the Secretary
Director . Five members
must be lawfully and | 16 |
| actively engaged in the practice of optometry in this
State, | 17 |
| one member shall be a licensed optometrist who is
a member , | 18 |
| with a full-time faculty appointment with the
Illinois College | 19 |
| of
Optometry, and one member must be a member of the public who | 20 |
| shall be a
voting member and is not licensed under this Act, or | 21 |
| a
similar Act of
another jurisdiction, or have any connection | 22 |
| with the profession. Neither
the public member nor the faculty | 23 |
| member shall participate in the
preparation or administration | 24 |
| of the examination of applicants for
licensure or | 25 |
| certification.
| 26 |
| Members shall serve 4-year terms and until their successors
| 27 |
| are appointed
and qualified. No member shall be appointed to
| 28 |
| the Board for more than 2 successive 4-year terms, not counting | 29 |
| any partial
terms when appointed to fill the unexpired portion | 30 |
| of a vacated term. Appointments to
fill
vacancies shall be made | 31 |
| in the same manner as original appointments, for
the unexpired | 32 |
| portion of the vacated term. Initial terms shall begin upon
the | 33 |
| effective date of this Act. Board members in office on
that | 34 |
| date
may be appointed to specific terms as indicated herein.
| 35 |
| The Board shall annually elect a chairperson and a
|
|
|
|
SB2469 Enrolled |
- 10 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| vice-chairperson, both of whom shall be licensed optometrists.
| 2 |
| The membership of the Board should reasonably reflect
| 3 |
| representation
from the geographic areas in this State.
| 4 |
| A majority of the Board members currently appointed shall | 5 |
| constitute a
quorum. A vacancy in the membership of the Board | 6 |
| shall not impair the right of
a quorum to perform all of the | 7 |
| duties of the Board.
| 8 |
| The Secretary
Director may terminate the appointment of any | 9 |
| member for cause.
| 10 |
| The Secretary
Director shall give due consideration to all | 11 |
| recommendations of the
Board, and in the event that the | 12 |
| Secretary
Director disagrees with or
takes
action contrary to | 13 |
| the recommendation of the Board, he or
she shall provide
the | 14 |
| Board with a written and specific explanation of this
action. | 15 |
| None
of the functions, powers or duties of the Department with | 16 |
| respect to
policy matters relating to licensure, discipline, | 17 |
| and examination,
including the promulgation of such rules as | 18 |
| may
be necessary for the administration of this Act, shall be | 19 |
| exercised by the
Department except upon review of the Board.
| 20 |
| Without, in any manner, limiting the power of the | 21 |
| Department to conduct
investigations, the Board may recommend | 22 |
| to the Secretary
Director that
one or more
licensed | 23 |
| optometrists be selected by the Secretary
Director to conduct | 24 |
| or assist in any
investigation pursuant to this Act. Such | 25 |
| licensed optometrist may receive
remuneration as determined by | 26 |
| the Secretary
Director .
| 27 |
| (Source: P.A. 91-141, eff. 7-16-99.)
| 28 |
| (225 ILCS 80/11.5 new) | 29 |
| (Section scheduled to be repealed on January 1, 2017) | 30 |
| Sec. 11.5. Optometric coordinator. The Secretary shall, | 31 |
| upon consultation with the Board and with consideration of | 32 |
| credentials and experience commensurate with the requirements | 33 |
| of the position, select an optometric coordinator who shall not | 34 |
| be a member of the Board. The optometric coordinator shall be | 35 |
| an optometrist licensed to practice in Illinois and shall be |
|
|
|
SB2469 Enrolled |
- 11 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| employed by the Department contractually or in conformance with | 2 |
| the Personnel Code. The optometric coordinator shall be the | 3 |
| chief enforcement officer of this Act.
| 4 |
| (225 ILCS 80/12) (from Ch. 111, par. 3912)
| 5 |
| (Section scheduled to be repealed on January 1, 2007)
| 6 |
| Sec. 12. Applications for licenses and certificates . | 7 |
| Applications for
original licenses and certificates shall be
| 8 |
| made to the Department in writing or electronically on forms | 9 |
| prescribed by the Department and
shall be accompanied by the | 10 |
| required fee, which shall not be refundable.
Any such | 11 |
| application shall require such information as in the judgment | 12 |
| of
the Department will enable the Department to pass on the | 13 |
| qualifications of
the applicant for a license or certificate .
| 14 |
| An applicant for initial licensure in
Illinois
shall apply | 15 |
| for and be qualified
to
receive and shall maintain | 16 |
| certification to use diagnostic and
therapeutic ocular | 17 |
| pharmaceuticals.
| 18 |
| Applicants have 3 years from the date of application to | 19 |
| complete the
application process. If the process has not been | 20 |
| completed within 3 years, the
application shall be denied, the | 21 |
| application fees shall be forfeited, and the
applicant must | 22 |
| reapply and meet the requirements in effect at the time of
| 23 |
| reapplication.
| 24 |
| Applicants who meet all other conditions for licensure and | 25 |
| who will be
practicing
optometry in a residency program | 26 |
| approved by the Board may apply for and
receive a
limited one | 27 |
| year license to practice optometry as a resident in the | 28 |
| program. The holder of a valid one-year residency license may | 29 |
| perform those acts prescribed by and incidental to the | 30 |
| residency license holder's program of residency training, with | 31 |
| the same privileges and responsibilities as a fully licensed | 32 |
| optometrist, but may not otherwise engage in the practice of | 33 |
| optometry in this State, unless fully licensed under this Act.
| 34 |
| A
licensee
who receives a limited license under this Section | 35 |
| shall have the same
privileges and
responsibilities as a
|
|
|
|
SB2469 Enrolled |
- 12 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| therapeutically certified licensee. | 2 |
| The Department may revoke a one-year residency license upon | 3 |
| proof that the residency license holder has engaged in the | 4 |
| practice of optometry in this State outside of his or her | 5 |
| residency program or if the residency license holder fails to | 6 |
| supply the Department, within 10 days after its request, with | 7 |
| information concerning his or her current status and activities | 8 |
| in the residency program.
| 9 |
| (Source: P.A. 91-141, eff. 7-16-99; 92-451, eff. 8-21-01.)
| 10 |
| (225 ILCS 80/13) (from Ch. 111, par. 3913)
| 11 |
| (Section scheduled to be repealed on January 1, 2007)
| 12 |
| Sec. 13. Examination of applicants. The Department shall | 13 |
| promulgate
rules establishing examination requirements for
| 14 |
| applicants as
optometrists. The examination
shall accurately | 15 |
| evaluate the applicant's ability to perform to the minimum | 16 |
| standards of the practice of optometry
of applicants shall be | 17 |
| of a character to give a fair test of the
qualifications of the | 18 |
| applicant to practice optometry .
| 19 |
| Applicants for examination shall be required to pay, either | 20 |
| to the
Department or the designated testing service, a fee | 21 |
| covering the cost of
providing the examination. Failure to | 22 |
| appear for the examination on the
scheduled date, at the time | 23 |
| and place specified, after the applicant's
application for | 24 |
| examination has been received and acknowledged by the
| 25 |
| Department or the designated testing service, shall result in | 26 |
| the
forfeiture of the examination fee.
| 27 |
| The Department may employ consultants for the purpose of | 28 |
| preparing and
conducting examinations.
| 29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 30 |
| (225 ILCS 80/14) (from Ch. 111, par. 3914)
| 31 |
| (Section scheduled to be repealed on January 1, 2007)
| 32 |
| Sec. 14. A person shall be qualified for initial licensure | 33 |
| as an optometrist
if that person has applied in writing in form | 34 |
| and substance satisfactory to
the Department and who:
|
|
|
|
SB2469 Enrolled |
- 13 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (1) has not been convicted of any of the provisions of | 2 |
| Section 24 of
this Act which would be grounds for discipline | 3 |
| under this Act;
| 4 |
| (2) has graduated , after January 1, 1994, from a program of | 5 |
| optometry education approved by the
Department or has | 6 |
| graduated, prior to January 1, 1994, and has met substantially | 7 |
| equivalent criteria established by the Department ;
| 8 |
| (3) (blank); and
| 9 |
| (4) has met all examination requirements including the | 10 |
| passage of a
nationally recognized examination authorized by | 11 |
| the Department. Each
applicant shall be tested on theoretical | 12 |
| knowledge and clinical practice
skills.
| 13 |
| (Source: P.A. 89-387, eff. 8-20-95.)
| 14 |
| (225 ILCS 80/15.1)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 15.1. Diagnostic and therapeutic authority
| 17 |
| certification .
| 18 |
| (a) For purposes of the Act, "ocular pharmaceutical
agents" | 19 |
| means topical anesthetics, topical mydriatics, topical | 20 |
| cycloplegics, topical miotics, topical anti-infective agents,
| 21 |
| topical anti-allergy agents,
topical
anti-glaucoma agents, | 22 |
| topical anti-inflammatory agents, topical
anesthetic
agents, | 23 |
| over-the-counter agents, non-narcotic oral analgesic
agents,
| 24 |
| and mydriatic reversing
agents when used for diagnostic or | 25 |
| therapeutic purposes. | 26 |
| (b) A licensed optometrist may remove superficial foreign | 27 |
| bodies from the human eye and adnexa and may give orders for | 28 |
| patient care to a nurse licensed to practice under Illinois | 29 |
| law. | 30 |
|
(c) An optometrist's license shall be revoked or suspended | 31 |
| by the Department
upon recommendation of the Board based upon | 32 |
| either of the
following causes: | 33 |
| (1) grave or repeated misuse of any ocular
| 34 |
| pharmaceutical agent; and | 35 |
| (2) the use of any agent or procedure in the course of |
|
|
|
SB2469 Enrolled |
- 14 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| optometric practice
by an optometrist not properly | 2 |
| authorized under this Act. | 3 |
| (d) The Secretary of Financial and Professional Regulation | 4 |
| shall notify
the Director of Public Health as to the categories | 5 |
| of ocular
pharmaceutical agents permitted for use by an | 6 |
| optometrist. The Director of Public Health shall in turn
notify | 7 |
| every licensed pharmacist in the State of the categories of | 8 |
| ocular
pharmaceutical agents that can be utilized and | 9 |
| prescribed by an optometrist.
Any licensed optometrist may | 10 |
| apply to the Department, in the form the
Department may | 11 |
| prescribe, for a certificate to use diagnostic topical ocular
| 12 |
| pharmaceutical agents and the Department shall certify the
| 13 |
| applicant if:
| 14 |
| (1) the applicant has received appropriate training | 15 |
| and certification from
a properly accredited institution | 16 |
| of higher learning for the certificate; and
| 17 |
| (2) the applicant has demonstrated training and | 18 |
| competence to use
diagnostic topical ocular pharmaceutical | 19 |
| agents as required by the
Board pursuant to rule or | 20 |
| regulation approved by the
Board and adopted
by the | 21 |
| Department.
| 22 |
| A certificate to use topical ocular pharmaceutical agents | 23 |
| for diagnostic
purposes previously issued
by the Department | 24 |
| that is current and valid on the effective date of this
| 25 |
| amendatory Act of 1995 is valid until its expiration date and | 26 |
| entitles the
holder of the certificate to use diagnostic | 27 |
| topical ocular pharmaceutical
agents as provided in this Act.
| 28 |
| (b) Any licensed optometrist may apply to the Department, | 29 |
| in the form the
Department may prescribe, for a certificate to | 30 |
| use therapeutic ocular
pharmaceutical agents and the | 31 |
| Department shall certify the applicant if:
| 32 |
| (1) the applicant has received a certificate to use | 33 |
| diagnostic topical
ocular pharmaceutical agents under | 34 |
| subsection (a);
| 35 |
| (2) the applicant has received appropriate training | 36 |
| and certification from
a properly accredited institution |
|
|
|
SB2469 Enrolled |
- 15 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| of higher learning for the certificate; and
| 2 |
| (3) the applicant has demonstrated training and | 3 |
| competence to use
therapeutic ocular pharmaceutical agents | 4 |
| as required by the Board pursuant
to rule or regulation | 5 |
| approved by the Board and adopted by
the Department.
| 6 |
| All applicants for license renewal after January 1, 2006 | 7 |
| must apply for and
maintain certification to use therapeutic | 8 |
| ocular pharmaceutical agents.
| 9 |
| (c) For purposes of the Act, "diagnostic topical ocular | 10 |
| pharmaceutical
agents" means anesthetics, mydriatics, | 11 |
| cycloplegics, and miotics used for
diagnostic purposes as | 12 |
| defined by the Board pursuant to rule
approved
by the Board and | 13 |
| adopted by the Department.
| 14 |
| (d) For the purposes of the Act, "therapeutic ocular | 15 |
| pharmaceutical agents"
means the following when used for | 16 |
| diagnostic or therapeutic purposes:
topical
anti-infective | 17 |
| agents,
topical anti-allergy agents,
topical
anti-glaucoma | 18 |
| agents, topical anti-inflammatory agents, topical
anesthetic
| 19 |
| agents, over the counter agents, non-narcotic oral analgesic
| 20 |
| agents,
and mydriatic reversing
agents.
| 21 |
| (e) A licensed optometrist who is therapeutically | 22 |
| certified may remove
superficial foreign bodies from the human | 23 |
| eye and adnexa.
| 24 |
| (e-5) A licensed optometrist who is therapeutically
| 25 |
| certified may give orders for patient care related to the use | 26 |
| of
therapeutic ocular pharmaceutical agents to a nurse licensed | 27 |
| to practice under
Illinois law.
| 28 |
| (f) An optometrist's certificate to use diagnostic topical | 29 |
| ocular
pharmaceutical agents shall be revoked or suspended by | 30 |
| the Department upon
recommendation of the Board based on the | 31 |
| misuse of any
diagnostic topical
ocular pharmaceutical agent.
| 32 |
| (g) An optometrist's certificate to use therapeutic ocular
| 33 |
| pharmaceutical agents shall be revoked or suspended by
the | 34 |
| Department upon recommendation of the Board based on the
misuse | 35 |
| of any
therapeutic ocular pharmaceutical agent.
| 36 |
| (h) An optometrist's license shall be revoked or suspended |
|
|
|
SB2469 Enrolled |
- 16 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| by the Department
upon recommendation of the Board based upon | 2 |
| either of the
following causes:
| 3 |
| ( 1) grave or repeated misuse of any diagnostic or | 4 |
| therapeutic ocular
pharmaceutical agent; and
| 5 |
| (2) the use of any agent or procedure in the course of | 6 |
| optometric practice
by an optometrist not properly | 7 |
| certified under this Section.
| 8 |
| (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, | 9 |
| 26.11, 26.14, and
26.15 of this Act shall apply to all | 10 |
| disciplinary proceedings brought under
this Section.
| 11 |
| (j) The Director may temporarily suspend a certificate to | 12 |
| use diagnostic
topical ocular pharmaceuticals or a certificate | 13 |
| to use
therapeutic ocular pharmaceuticals or a license to | 14 |
| practice optometry, without
a hearing, simultaneously with the | 15 |
| institution of proceedings for a hearing
based upon a violation | 16 |
| of subsection (f), (g), or (h) of this Section, if the
Director | 17 |
| finds that evidence in his or her possession indicates that the
| 18 |
| continued use of diagnostic topical ocular pharmaceuticals, or
| 19 |
| therapeutic ocular pharmaceuticals, or continued practice of | 20 |
| optometry would
constitute an immediate danger to the public. | 21 |
| In the event that the Director
temporarily suspends a | 22 |
| certificate to use diagnostic topical ocular
pharmaceuticals, | 23 |
| therapeutic ocular pharmaceuticals, or a
license to practice | 24 |
| optometry without a hearing, a hearing by the Board
shall be | 25 |
| commenced within 15 days after suspension has occurred, and | 26 |
| concluded
without appreciable delay.
| 27 |
| (k) The Director of the Department of Professional | 28 |
| Regulation shall notify
the Director of the Department of | 29 |
| Public Health as to the categories of ocular
pharmaceutical | 30 |
| agents permitted for use by an optometrist. The Director of the
| 31 |
| Department of Public Health shall in turn
notify every licensed | 32 |
| pharmacist in the State of the categories of ocular
| 33 |
| pharmaceutical agents that can be utilized and prescribed by an | 34 |
| optometrist.
| 35 |
| (l) Nothing in this Act prohibits the use of diagnostic
| 36 |
| topical ocular pharmaceutical agents or therapeutic ocular |
|
|
|
SB2469 Enrolled |
- 17 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| pharmaceutical
agents
in the practice of optometry by | 2 |
| optometrists certified for such use under this
Section.
| 3 |
| (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
| 4 |
| (225 ILCS 80/15.2 new) | 5 |
| (Section scheduled to be repealed on January 1, 2007) | 6 |
| Sec. 15.2. Limited optometry license. Any licensed | 7 |
| optometrist who (i) was originally licensed under a predecessor | 8 |
| Act prior to 1965 and (ii) was not certified to use therapeutic | 9 |
| ocular pharmaceutical agents as of January 1, 2006, shall, upon | 10 |
| application and payment of a non-prorated fee of $200, be | 11 |
| issued a limited optometry license by the Department to | 12 |
| practice optometry until January 1, 2007, as provided for in | 13 |
| this Section. | 14 |
| A limited optometry licensee may not diagnose or treat eye | 15 |
| disease, remove foreign bodies from the eye, or use or | 16 |
| prescribe pharmaceutical agents, but shall have all other | 17 |
| rights and responsibilities of a licensee under this Act. | 18 |
| This Section is repealed on January 1, 2007.
| 19 |
| (225 ILCS 80/16) (from Ch. 111, par. 3916)
| 20 |
| (Section scheduled to be repealed on January 1, 2007)
| 21 |
| Sec. 16. Renewal, reinstatement or restoration of | 22 |
| licenses; military
service. The expiration date and renewal | 23 |
| period for each license and
certificate issued under this Act | 24 |
| shall be set by rule.
| 25 |
| All renewal applicants shall provide proof of having met | 26 |
| the requirements
of continuing education set forth in the rules | 27 |
| of the Department. The
Department shall, by rule, provide for | 28 |
| an orderly process for the
reinstatement of licenses which have | 29 |
| not been renewed due to failure to
meet the continuing | 30 |
| education requirements. The continuing education
requirement | 31 |
| may be waived for such good cause, including but not limited to
| 32 |
| illness or hardship, as defined by rules
of the Department.
| 33 |
| The Department shall establish by rule a means for the | 34 |
| verification of
completion of the continuing education |
|
|
|
SB2469 Enrolled |
- 18 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| required by this Section. This
verification may be accomplished | 2 |
| through audits of records maintained by
registrants; by | 3 |
| requiring the filing of continuing education certificates
with | 4 |
| the Department; or by other means established by the | 5 |
| Department.
| 6 |
| Any optometrist who has permitted his or her license to | 7 |
| expire or who has
had his or her license on inactive status may | 8 |
| have his or her license restored
by making application to the | 9 |
| Department and filing proof acceptable to the
Department of his | 10 |
| or her fitness to have his or her license restored and by
| 11 |
| paying the required fees. Such proof of fitness may include | 12 |
| evidence
certifying to active lawful practice in another | 13 |
| jurisdiction and must include
proof of the completion of the | 14 |
| continuing education requirements specified in
the rules for | 15 |
| the preceding license renewal period for the applicant's level
| 16 |
| of certification that has been completed during the 2 years | 17 |
| prior to the
application for license restoration.
| 18 |
| The Department shall determine, by an evaluation program | 19 |
| established by
rule, his or her fitness for restoration of his | 20 |
| or her license and
shall establish procedures and requirements | 21 |
| for such restoration.
| 22 |
| However, any optometrist whose license expired while he or | 23 |
| she was (1) in
Federal Service on active duty with the Armed | 24 |
| Forces of the United States,
or the State Militia called into | 25 |
| service or training, or (2) in training or
education under the | 26 |
| supervision of the United States preliminary to
induction into | 27 |
| the military service, may have his or her license restored
| 28 |
| without paying any lapsed renewal fees if within 2 years after | 29 |
| honorable
termination of such service, training, or education, | 30 |
| he or she furnishes
the Department with satisfactory evidence | 31 |
| to the effect that he or she has
been so engaged and that his or | 32 |
| her service, training, or education has been
so terminated. | 33 |
| All licenses without "Therapeutic Certification" on March | 34 |
| 31, 2006 shall be placed on non-renewed status and may only be | 35 |
| renewed after the licensee meets those requirements | 36 |
| established by the Department that may not be waived.
|
|
|
|
SB2469 Enrolled |
- 19 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (Source: P.A. 92-451, eff. 8-21-01; 92-750, eff. 1-1-03.)
| 2 |
| (225 ILCS 80/17) (from Ch. 111, par. 3917)
| 3 |
| (Section scheduled to be repealed on January 1, 2007)
| 4 |
| Sec. 17. Inactive status. Any optometrist who notifies the | 5 |
| Department in
writing on
forms prescribed by the Department, | 6 |
| may elect to place his or her license
on an
inactive status and | 7 |
| shall be excused from payment of renewal fees until he or
she
| 8 |
| notifies the Department in writing of his intent to restore his | 9 |
| or her
license.
| 10 |
| Any optometrist requesting restoration from inactive | 11 |
| status shall be
required to pay the current renewal fee,
to | 12 |
| provide proof of completion of the continuing education | 13 |
| requirements
specified in the rules for the preceding license | 14 |
| renewal period for the
applicant's level
of certification that | 15 |
| has been completed during the
2 years prior to the application | 16 |
| for
restoration,
and to restore
his or her license
as provided | 17 |
| by rule of the Department. All licenses without "Therapeutic | 18 |
| Certification" that are on inactive status as of March 31, 2006 | 19 |
| shall be placed on non-renewed status and may only be restored | 20 |
| after the licensee meets those requirements established by the | 21 |
| Department that may not be waived.
| 22 |
| Any optometrist whose license is in an inactive status | 23 |
| shall not practice
optometry in the State of Illinois.
| 24 |
| Any licensee who shall practice while his or her license is | 25 |
| lapsed or on
inactive status shall be considered to be | 26 |
| practicing without a license
which shall be grounds for | 27 |
| discipline under Section 24 subsection (a) of this
Act.
| 28 |
| (Source: P.A. 92-451, eff. 8-21-01.)
| 29 |
| (225 ILCS 80/19) (from Ch. 111, par. 3919)
| 30 |
| (Section scheduled to be repealed on January 1, 2007)
| 31 |
| Sec. 19. Fees. The Department shall provide by rule, for a | 32 |
| schedule of
fees to be paid for licenses or certificates of | 33 |
| registration by all
applicants.
| 34 |
| The
(a) Except as provided in paragraph (b) below, the fees |
|
|
|
SB2469 Enrolled |
- 20 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| for the
administration and enforcement of this Act, including | 2 |
| but not limited to,
original licensure and certification, | 3 |
| renewal and restoration, shall be set
by rule. The fees shall | 4 |
| not be refundable.
| 5 |
| (b) Applicants for examination shall be required to pay, | 6 |
| either to the
Department or the designated testing service, a | 7 |
| fee covering the cost of
initial screening to determine | 8 |
| eligibility and for providing the examination.
Failure to | 9 |
| appear for the examination on the scheduled date at the time | 10 |
| and
place specified, after the applicant's application for | 11 |
| examination has been
received and acknowledged by the | 12 |
| Department or the designated testing
service, shall result in | 13 |
| the forfeiture of the examination fee.
| 14 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 15 |
| (225 ILCS 80/20) (from Ch. 111, par. 3920)
| 16 |
| (Section scheduled to be repealed on January 1, 2007)
| 17 |
| Sec. 20. Fund. All moneys received by the Department | 18 |
| pursuant to this
Act
shall be deposited in the Optometric | 19 |
| Licensing and Disciplinary Board
Fund, which is hereby created | 20 |
| as a special fund in the State Treasury, and
shall be used for | 21 |
| the administration of this Act, including: (a) by
the Board in | 22 |
| the exercise of its powers and performance of
its duties,
as | 23 |
| such use is made by the Department with full consideration of | 24 |
| all
recommendations of the Board; (b) for
costs directly | 25 |
| related to license renewal of persons licensed under this Act;
| 26 |
| and (c) for direct and allocable indirect costs related to the
| 27 |
| public purposes
of the Department of Financial and Professional | 28 |
| Regulation.
Subject to appropriation, moneys in the Optometric | 29 |
| Licensing and
Disciplinary Board Fund may be used for
the
| 30 |
| Optometric Education Scholarship Program administered by the | 31 |
| Illinois Student
Assistance Commission pursuant to Section | 32 |
| 65.70 of the Higher Education Student
Assistance Act.
| 33 |
| Moneys in the Fund may be transferred to the Professions | 34 |
| Indirect Cost Fund
as authorized under Section 2105-300 of the | 35 |
| Department of
Professional Regulation Law (20 ILCS |
|
|
|
SB2469 Enrolled |
- 21 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| 2105/2105-300).
| 2 |
| Money in the Optometric Licensing and Disciplinary Board
| 3 |
| Fund may be
invested and reinvested, with all earnings received | 4 |
| from such investment to
be deposited in the Optometric | 5 |
| Licensing and Disciplinary Board Fund
and used for the same | 6 |
| purposes as fees deposited in such fund.
| 7 |
| Any monies in the Optometric Examining and Disciplinary | 8 |
| Board Fund
on the effective date of this Act shall be | 9 |
| transferred to the Optometric
Licensing and Disciplinary Board | 10 |
| Fund.
| 11 |
| Any obligations of the Optometric Examining and | 12 |
| Disciplinary Board
Fund unpaid on the effective date of this | 13 |
| Act shall be paid from the
Optometric Licensing and | 14 |
| Disciplinary Board Fund.
| 15 |
| (Source: P.A. 91-239, eff. 1-1-00; 92-569, eff. 6-26-02.)
| 16 |
| (225 ILCS 80/21) (from Ch. 111, par. 3921)
| 17 |
| (Section scheduled to be repealed on January 1, 2007)
| 18 |
| Sec. 21. The Department shall maintain a roster of the | 19 |
| names and
addresses of all licensees and certificate holders
| 20 |
| and of all persons whose
licenses or certificates have been | 21 |
| suspended or revoked. This roster shall
be available upon | 22 |
| written request and payment of the required fee.
| 23 |
| (Source: P.A. 85-896.)
| 24 |
| (225 ILCS 80/23) (from Ch. 111, par. 3923)
| 25 |
| (Section scheduled to be repealed on January 1, 2007)
| 26 |
| Sec. 23. Practice by corporations. No license shall
be | 27 |
| issued by the Department to any corporation that (i) has a | 28 |
| stated
purpose that includes, or (ii)
practices or holds itself | 29 |
| out as available
to practice, optometry or any of the functions | 30 |
| described in Section 3 of
the
Act , unless it is organized under | 31 |
| the
Professional Service Corporation Act .
| 32 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 33 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
|
|
|
|
SB2469 Enrolled |
- 22 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2007)
| 2 |
| Sec. 24. Grounds for disciplinary action.
| 3 |
| (a) The Department may refuse to issue or to renew, or may
| 4 |
| revoke, suspend, place on probation, reprimand or take other
| 5 |
| disciplinary action as the Department may deem proper, | 6 |
| including fines not
to exceed $10,000
$5,000 for each | 7 |
| violation, with regard to any license or
certificate for any | 8 |
| one or combination of the following causes:
| 9 |
| (1) Violations of this Act, or of the rules promulgated
| 10 |
| hereunder.
| 11 |
| (2) Conviction of or entry of a plea of guilty to any | 12 |
| crime under the laws of any U.S. jurisdiction
thereof that | 13 |
| is a felony or that is a misdemeanor of which an essential | 14 |
| element
is dishonesty, or of any crime that is directly | 15 |
| related to the practice of the
profession.
| 16 |
| (3) Making any misrepresentation for the purpose of | 17 |
| obtaining a
license or certificate .
| 18 |
| (4) Professional incompetence or gross negligence in | 19 |
| the
practice of optometry.
| 20 |
| (5) Gross malpractice, prima facie evidence
of which | 21 |
| may be a conviction or judgment of
malpractice in any court | 22 |
| of competent jurisdiction.
| 23 |
| (6) Aiding or assisting another person in violating any
| 24 |
| provision of this Act or rules.
| 25 |
| (7) Failing, within 60 days, to provide information in | 26 |
| response
to a
written request made by the Department that | 27 |
| has been sent by
certified or
registered mail to the | 28 |
| licensee's last known address.
| 29 |
| (8) Engaging in dishonorable, unethical, or | 30 |
| unprofessional
conduct of a
character likely to deceive, | 31 |
| defraud, or harm the public.
| 32 |
| (9) Habitual or excessive use or addiction to alcohol,
| 33 |
| narcotics,
stimulants or any other chemical agent or drug | 34 |
| that results in
the
inability to practice with reasonable | 35 |
| judgment, skill, or safety.
| 36 |
| (10) Discipline by another U.S. jurisdiction or |
|
|
|
SB2469 Enrolled |
- 23 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| foreign
nation, if at
least one of the grounds for the | 2 |
| discipline is the same or substantially
equivalent to those | 3 |
| set forth herein.
| 4 |
| (11) Directly or indirectly giving to or receiving from | 5 |
| any
person, firm,
corporation, partnership, or association | 6 |
| any fee, commission, rebate, or
other form of compensation | 7 |
| for any professional services not actually or
personally | 8 |
| rendered. This shall not be deemed to include (i) rent or | 9 |
| other
remunerations paid to an individual, partnership, or | 10 |
| corporation by an
optometrist for the lease, rental, or use | 11 |
| of space, owned or controlled, by
the individual, | 12 |
| partnership, corporation or association, and (ii) the
| 13 |
| division of fees between an optometrist and related | 14 |
| professional service
providers with whom the optometrist | 15 |
| practices in a
professional corporation organized under | 16 |
| Section 3.6 of the Professional
Service Corporation Act.
| 17 |
| (12) A finding by the Department that the licensee, | 18 |
| after
having his or
her
license placed on probationary | 19 |
| status has violated the terms of
probation.
| 20 |
| (13) Abandonment of a patient.
| 21 |
| (14) Willfully making or filing false records or | 22 |
| reports in
his or her
practice,
including but not limited | 23 |
| to false records filed with State agencies or
departments.
| 24 |
| (15) Willfully failing to report an instance of | 25 |
| suspected
child abuse or
neglect as required by the Abused | 26 |
| and Neglected Child Reporting Act.
| 27 |
| (16) Physical illness, including but not limited to,
| 28 |
| deterioration
through the aging process, or loss of motor | 29 |
| skill, mental illness, or
disability that results in the
| 30 |
| inability to practice the profession with reasonable | 31 |
| judgment, skill,
or safety.
| 32 |
| (17) Solicitation of professional services other than
| 33 |
| permitted
advertising.
| 34 |
| (18) Failure to provide a patient with a copy of his or
| 35 |
| her record or
prescription in accordance with federal law
| 36 |
| upon the written request of the patient .
|
|
|
|
SB2469 Enrolled |
- 24 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (19) Conviction by any court of competent | 2 |
| jurisdiction, either
within or
without this State, of any | 3 |
| violation of any law governing the practice of
optometry, | 4 |
| conviction in this or another State of any crime that
is a
| 5 |
| felony under the laws of this State or conviction of a | 6 |
| felony in a federal
court, if the Department determines, | 7 |
| after investigation, that such person
has not been | 8 |
| sufficiently rehabilitated to warrant the public trust.
| 9 |
| (20) A finding that licensure has been applied for or | 10 |
| obtained
by
fraudulent means.
| 11 |
| (21) Continued practice by a person knowingly having an
| 12 |
| infectious
or contagious
disease.
| 13 |
| (22) Being named as a perpetrator in an indicated | 14 |
| report by
the
Department of Children and Family Services | 15 |
| under the Abused and
Neglected Child Reporting Act, and | 16 |
| upon proof by clear and
convincing evidence that the | 17 |
| licensee has caused a child to be an abused
child or a | 18 |
| neglected child as defined in the Abused and Neglected | 19 |
| Child
Reporting Act.
| 20 |
| (23) Practicing or attempting to practice under a name | 21 |
| other
than the
full name as shown on his or her license.
| 22 |
| (24) Immoral conduct in the commission of any act, such | 23 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, | 24 |
| related to the licensee's
practice.
| 25 |
| (25) Maintaining a professional relationship with any | 26 |
| person,
firm, or
corporation when the optometrist knows, or | 27 |
| should know, that such person,
firm, or corporation is | 28 |
| violating this Act.
| 29 |
| (26) Promotion of the sale of drugs, devices, | 30 |
| appliances or
goods
provided for a client or patient in | 31 |
| such manner as to exploit the patient
or client for | 32 |
| financial gain of the licensee.
| 33 |
| (27) Using the title "Doctor" or its abbreviation | 34 |
| without
further
qualifying that title or abbreviation with | 35 |
| the word "optometry" or
"optometrist".
| 36 |
| (28) Use by a licensed optometrist of the
word
|
|
|
|
SB2469 Enrolled |
- 25 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| "infirmary",
"hospital", "school", "university", in | 2 |
| English or any other
language, in connection with the place | 3 |
| where optometry may be practiced or
demonstrated.
| 4 |
| (29) Continuance of an optometrist in the employ of any
| 5 |
| person, firm or
corporation, or as an assistant to any | 6 |
| optometrist or optometrists,
directly or indirectly, after | 7 |
| his or her employer or superior has been
found
guilty of | 8 |
| violating or has been enjoined from violating the laws of | 9 |
| the
State of Illinois relating to the practice of | 10 |
| optometry, when the employer
or superior persists in that | 11 |
| violation.
| 12 |
| (30) The performance of optometric service in | 13 |
| conjunction with
a scheme
or plan with another person, firm | 14 |
| or corporation known to be advertising in
a manner contrary | 15 |
| to this Act or otherwise violating the laws of the State of
| 16 |
| Illinois concerning the practice of optometry.
| 17 |
| (31) Failure to provide satisfactory proof of having
| 18 |
| participated in
approved continuing education programs as | 19 |
| determined by the Board and
approved by the Secretary
| 20 |
| Director . Exceptions for extreme hardships are to be
| 21 |
| defined by the rules of the Department.
| 22 |
| (32) Willfully making or filing false records or | 23 |
| reports in
the practice
of optometry, including, but not | 24 |
| limited to false records to support claims
against the | 25 |
| medical assistance program of the Department of Healthcare | 26 |
| and Family Services (formerly Department of Public Aid )
| 27 |
| under the Illinois Public Aid Code.
| 28 |
| (33) Gross and willful overcharging for professional | 29 |
| services
including
filing false statements for collection | 30 |
| of fees for which services are not
rendered, including, but | 31 |
| not limited to filing false statements for
collection of | 32 |
| monies for services not rendered from the medical | 33 |
| assistance
program of the Department of Healthcare and | 34 |
| Family Services (formerly Department of Public Aid ) under | 35 |
| the Illinois Public Aid
Code.
| 36 |
| (34) In the absence of good reasons to the contrary, |
|
|
|
SB2469 Enrolled |
- 26 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| failure
to perform a
minimum eye examination as required by | 2 |
| the rules of the Department.
| 3 |
| (35) Violation of the Health Care Worker Self-Referral | 4 |
| Act.
| 5 |
| The Department may refuse to issue or may suspend the | 6 |
| license or
certificate of any person who fails to file a | 7 |
| return, or to pay the tax,
penalty or interest shown in a filed | 8 |
| return, or to pay any final assessment
of the tax, penalty or | 9 |
| interest, as required by any tax Act administered by
the | 10 |
| Illinois Department of Revenue, until such time as the | 11 |
| requirements of
any such tax Act are satisfied.
| 12 |
| (a-5) In enforcing this Section, the Board upon a showing | 13 |
| of a possible
violation, may compel any individual licensed to | 14 |
| practice under this Act, or
who has applied for licensure or | 15 |
| certification pursuant to this Act,
to submit to a
mental or | 16 |
| physical
examination, or both, as required by and at the | 17 |
| expense of the Department. The
examining physicians or clinical | 18 |
| psychologists shall be those specifically
designated by the | 19 |
| Board. The Board or the Department may order the examining
| 20 |
| physician or clinical psychologist to present testimony | 21 |
| concerning this mental
or physical examination of the licensee | 22 |
| or applicant. No information shall be
excluded by reason of any | 23 |
| common law or statutory privilege relating to
communications | 24 |
| between the licensee or applicant and the examining physician | 25 |
| or
clinical psychologist. Eye examinations may be provided by a | 26 |
| licensed
and certified therapeutic optometrist. The individual | 27 |
| to be examined may have,
at his or her own expense, another | 28 |
| physician of his or her choice present
during all aspects of | 29 |
| the examination. Failure of any individual to submit to
a | 30 |
| mental or physical examination, when directed, shall be grounds | 31 |
| for
suspension of a license until such time as the individual | 32 |
| submits to the
examination if the Board finds, after notice and | 33 |
| hearing, that the refusal to
submit to the examination was | 34 |
| without reasonable cause.
| 35 |
| If the Board finds an individual unable to practice because | 36 |
| of the reasons
set forth in this Section, the Board shall |
|
|
|
SB2469 Enrolled |
- 27 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| require such individual to submit to
care, counseling, or | 2 |
| treatment by physicians or clinical psychologists approved
or | 3 |
| designated by the Board, as a condition, term, or restriction | 4 |
| for continued,
reinstated, or renewed licensure to practice, or | 5 |
| in lieu of care, counseling,
or treatment, the Board may | 6 |
| recommend to the Department to file a complaint to immediately | 7 |
| suspend, revoke, or otherwise discipline the
license of the | 8 |
| individual, or the Board may recommend to the Department to | 9 |
| file
a complaint to suspend, revoke, or otherwise discipline | 10 |
| the license of the
individual. Any individual whose license was | 11 |
| granted pursuant to this Act, or
continued, reinstated, | 12 |
| renewed, disciplined, or supervised, subject to such
| 13 |
| conditions, terms, or restrictions, who shall fail to comply | 14 |
| with such
conditions, terms, or restrictions, shall be referred | 15 |
| to the Secretary
Director for a
determination as to whether the | 16 |
| individual shall have his or her license
suspended immediately, | 17 |
| pending a hearing by the Board.
| 18 |
| (b) The determination by a circuit court that a licensee is | 19 |
| subject to
involuntary admission or judicial admission as | 20 |
| provided in the Mental
Health and Developmental Disabilities | 21 |
| Code operates as an
automatic suspension. The suspension will | 22 |
| end only upon a finding by a
court that the patient is no | 23 |
| longer subject to involuntary admission or
judicial admission | 24 |
| and issues an order so finding and discharging the
patient; and | 25 |
| upon the recommendation of the Board to the Secretary
Director
| 26 |
| that
the licensee be allowed to resume his or her practice.
| 27 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 90-655, | 28 |
| eff.
7-30-98; revised 12-15-05.)
| 29 |
| (225 ILCS 80/25) (from Ch. 111, par. 3925)
| 30 |
| (Section scheduled to be repealed on January 1, 2007)
| 31 |
| Sec. 25. Returned checks; fines. Any person who delivers a | 32 |
| check or other payment to the Department that
is returned to | 33 |
| the Department unpaid by the financial institution upon
which | 34 |
| it is drawn shall pay to the Department, in addition to the | 35 |
| amount
already owed to the Department, a fine of $50. The fines |
|
|
|
SB2469 Enrolled |
- 28 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| imposed by this Section are in addition
to any other discipline | 2 |
| provided under this Act for unlicensed
practice or practice on | 3 |
| a nonrenewed license. The Department shall notify
the person | 4 |
| that payment of fees and fines shall be paid to the Department
| 5 |
| by certified check or money order within 30 calendar days of | 6 |
| the
notification. If, after the expiration of 30 days from the | 7 |
| date of the
notification, the person has failed to submit the | 8 |
| necessary remittance, the
Department shall automatically | 9 |
| terminate the license or certificate or deny
the application, | 10 |
| without hearing. If, after termination or denial, the
person | 11 |
| seeks a license or certificate , he or she shall apply to the
| 12 |
| Department for restoration or issuance of the license or | 13 |
| certificate and
pay all fees and fines due to the Department. | 14 |
| The Department may establish
a fee for the processing of an | 15 |
| application for restoration of a license or
certificate to pay | 16 |
| all expenses of processing this application. The Secretary
| 17 |
| Director
may waive the fines due under this Section in | 18 |
| individual cases where the
Secretary
Director finds that the | 19 |
| fines would be unreasonable or unnecessarily
burdensome.
| 20 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 21 |
| (225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
| 22 |
| (Section scheduled to be repealed on January 1, 2007)
| 23 |
| Sec. 26.1. Injunctions; criminal offenses; cease and | 24 |
| desist orders.
| 25 |
| (a) If any person violates the provision of this Act, the
| 26 |
| Secretary
Director may, in the name of the People of the State | 27 |
| of Illinois, through
the Attorney General of the State of | 28 |
| Illinois, or the State's Attorney of
any county in which the | 29 |
| action is brought, petition for an order enjoining
such | 30 |
| violation or for an order enforcing compliance with this Act. | 31 |
| Upon
the filing of a verified petition in court, the court may | 32 |
| issue a temporary
restraining order, without notice or bond, | 33 |
| and may preliminarily and
permanently enjoin such violation, | 34 |
| and if it is established that such
person has violated or is | 35 |
| violating the injunction, the Court may punish
the offender for |
|
|
|
SB2469 Enrolled |
- 29 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| contempt of court. Proceedings under this Section shall
be in | 2 |
| addition to, and not in lieu of, all other remedies and | 3 |
| penalties
provided by this Act.
| 4 |
| (b) If any person shall practice as an optometrist or hold | 5 |
| himself or
herself out as
an optometrist without being licensed | 6 |
| under the provisions of this Act
then any licensed optometrist, | 7 |
| any interested party or any person injured
thereby may, in | 8 |
| addition to the Secretary
Director , petition for relief as | 9 |
| provided
in subsection (a) of this Section.
| 10 |
| Whoever knowingly practices or offers to practice | 11 |
| optometry in this State
without being licensed for that purpose | 12 |
| shall be guilty of a Class A
misdemeanor and for each | 13 |
| subsequent conviction, shall be guilty of a Class
4 felony. | 14 |
| Notwithstanding any other provision of this Act, all
criminal | 15 |
| fines, monies, or other property collected or received by
the | 16 |
| Department under this Section or any other State or federal | 17 |
| statute,
including, but not limited to, property forfeited to | 18 |
| the Department under
Section 505 of the Illinois Controlled | 19 |
| Substances Act or Section 85 of the Methamphetamine Control and | 20 |
| Community Protection Act, shall be deposited
into the | 21 |
| Optometric Licensing and Disciplinary Board Fund
Professional | 22 |
| Regulation Evidence Fund .
| 23 |
| (c) Whenever in the opinion of the Department any person | 24 |
| violates any
provision of this Act, the Department may issue a | 25 |
| rule to show cause why an
order to cease and desist should not | 26 |
| be entered against him. The rule shall
clearly set forth the | 27 |
| grounds relied upon by the Department and shall
provide a | 28 |
| period of 7 days from the date of the rule to file an answer to
| 29 |
| the satisfaction of the Department. Failure to answer to the | 30 |
| satisfaction
of the Department shall cause an order to cease | 31 |
| and desist to be issued
forthwith.
| 32 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 33 |
| (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
| 34 |
| (Section scheduled to be repealed on January 1, 2007)
| 35 |
| Sec. 26.2. Investigation; notice. The Department may |
|
|
|
SB2469 Enrolled |
- 30 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| investigate the
actions of any applicant
or of any person or | 2 |
| persons holding or claiming to hold a license. The
Department | 3 |
| shall, before suspending, revoking, placing on probationary
| 4 |
| status, or taking any other disciplinary action as the | 5 |
| Department may deem
proper with regard to any license or | 6 |
| certificate , at least 30 days prior
to the date set for the | 7 |
| hearing, notify the accused in writing of any
charges made and | 8 |
| the time and place for a hearing of the charges before the
| 9 |
| Board, direct him or her to file his or her written
answer to | 10 |
| the Board
under
oath within 20 days after the service on him or | 11 |
| her of the notice and
inform him or her
that if he or she fails | 12 |
| to file an answer default will be taken against
him or her and
| 13 |
| his or her license or certificate may be suspended, revoked, | 14 |
| placed on
probationary status, or have other disciplinary | 15 |
| action, including limiting
the scope, nature or extent of his | 16 |
| or her practice, as the Department may
deem
proper taken with | 17 |
| regard thereto. Such written notice may be served by
personal | 18 |
| delivery or certified delivery or certified or registered mail | 19 |
| to
the Department.
In case the person fails to file an answer | 20 |
| after receiving notice, his or
her license or certificate may, | 21 |
| in the discretion of the Department, be
suspended, revoked, or | 22 |
| placed on probationary status, or the Department may
take | 23 |
| whatever disciplinary action deemed proper, including limiting | 24 |
| the
scope, nature, or extent of the person's practice or the | 25 |
| imposition of a
fine, without a hearing, if the act or acts | 26 |
| charged constitute sufficient
grounds for such action under | 27 |
| this Act.
At the time and place fixed in the notice, the | 28 |
| Department
shall proceed to hear the charges and the parties or | 29 |
| their counsel shall be
accorded ample opportunity to present | 30 |
| such statements, testimony, evidence
and argument as may be | 31 |
| pertinent to the charges or to their
defense.
The Department | 32 |
| may continue the hearing from time to time.
At the discretion | 33 |
| of the Secretary
Director after having first received the
| 34 |
| recommendation of the Board, the accused person's license may
| 35 |
| be suspended,
revoked, placed on probationary status, or | 36 |
| whatever disciplinary action as
the Secretary
Director may deem |
|
|
|
SB2469 Enrolled |
- 31 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| proper, including limiting the scope, nature,
or extent of
said | 2 |
| person's practice, without a hearing, if the act or acts | 3 |
| charged
constitute sufficient grounds for such action under | 4 |
| this Act.
| 5 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 6 |
| (225 ILCS 80/26.5) (from Ch. 111, par. 3926.5)
| 7 |
| (Section scheduled to be repealed on January 1, 2007)
| 8 |
| Sec. 26.5. Subpoena; oaths. The Department shall have power | 9 |
| to subpoena
and bring
before it any person in this State and to | 10 |
| take testimony either orally or
by deposition or both, with the | 11 |
| same fees and mileage and in the same
manner as prescribed by | 12 |
| law in judicial proceedings in civil cases in
circuit courts of | 13 |
| this State.
| 14 |
| The Secretary
Director , the hearing officer and any member | 15 |
| of the Board
designated by the Secretary
Director
shall each | 16 |
| have power to administer oaths to witnesses at any hearing | 17 |
| which
the Department is authorized to conduct under this Act, | 18 |
| and any other oaths
required or authorized to be administered | 19 |
| by the Department hereunder.
| 20 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 21 |
| (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
| 22 |
| (Section scheduled to be repealed on January 1, 2007)
| 23 |
| Sec. 26.6. Findings of fact, conclusions of law, and | 24 |
| recommendations.
At
the conclusion of the hearing the Board | 25 |
| shall
present to the Secretary
Director a written report of its | 26 |
| findings of fact,
conclusions of law and recommendations. The | 27 |
| report shall contain a finding
whether or not the accused | 28 |
| person violated this Act or failed to comply
with the | 29 |
| conditions required in this Act. The Board shall
specify the
| 30 |
| nature of the violation or failure to comply, and shall make | 31 |
| its
recommendations to the Secretary
Director .
| 32 |
| The report of findings of fact, conclusions of law and | 33 |
| recommendations of
the Board shall be the basis for the | 34 |
| Department's order.
If the Secretary
Director disagrees in any
|
|
|
|
SB2469 Enrolled |
- 32 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| regard with the report of the Board, the Secretary
Director may | 2 |
| issue
an order in
contravention thereof. The Secretary
Director
| 3 |
| shall provide within 60 days of taking
such action a written | 4 |
| report to the
Board on any such deviation, and shall specify | 5 |
| with
particularity the
reasons for said action in the final | 6 |
| order. The finding is not admissible
in evidence against the | 7 |
| person in a criminal prosecution brought for the
violation of | 8 |
| this Act, but the hearing and findings are not a bar to a
| 9 |
| criminal prosecution brought for the violation of this Act.
| 10 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 11 |
| (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
| 12 |
| (Section scheduled to be repealed on January 1, 2007)
| 13 |
| Sec. 26.7. Hearing officer. Notwithstanding the provisions | 14 |
| of Section
26.6 of this
Act, the Secretary
Director shall have | 15 |
| the authority to appoint any attorney duly
licensed to practice | 16 |
| law in the State of Illinois to serve as the hearing
officer in | 17 |
| any action for discipline of a
license. The Secretary
Director
| 18 |
| shall notify the Board of any such
appointment. The hearing | 19 |
| officer shall have full authority to conduct the
hearing. The | 20 |
| Board shall have the right to have at least one
member
present | 21 |
| at any hearing conducted by such hearing officer. The hearing
| 22 |
| officer shall report his or her findings of fact, conclusions
| 23 |
| of law and recommendations to the Board and the Secretary
| 24 |
| Director .
The Board shall have 60 days from receipt of the | 25 |
| report to
review the
report of the hearing officer and present | 26 |
| its findings of fact,
conclusions of law and recommendations to | 27 |
| the Secretary
Director . If the Board
fails to present its | 28 |
| report within the 60 day period, the Secretary
Director shall
| 29 |
| issue an order based on the report of the hearing officer. If | 30 |
| the Secretary
Director
disagrees in any regard with the report | 31 |
| of the Board or
hearing
officer, he or she may issue an order | 32 |
| in contravention thereof. The
Secretary
Director
shall provide | 33 |
| a written explanation to the Board on any such
deviation, and | 34 |
| shall specify with particularity the reasons for such action
in | 35 |
| the final order.
|
|
|
|
SB2469 Enrolled |
- 33 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 2 |
| (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
| 3 |
| (Section scheduled to be repealed on January 1, 2007)
| 4 |
| Sec. 26.8. Service of report; rehearing; order. In any case | 5 |
| involving
the
discipline of a license, a copy of the Board's | 6 |
| report shall
be served
upon the respondent by the Department, | 7 |
| either personally or as provided in
this Act for the service of | 8 |
| the notice of hearing. Within 20 days after
such service, the | 9 |
| respondent may present to the Department a motion in
writing | 10 |
| for a rehearing, which motion shall specify the particular | 11 |
| grounds
therefor. If no motion for rehearing is filed, then | 12 |
| upon the expiration of
the time specified for filing such a | 13 |
| motion, or if a motion for rehearing
is denied, then upon such | 14 |
| denial the Secretary
Director may enter an order in
accordance | 15 |
| with this Act.
If the respondent shall order from the reporting | 16 |
| service, and pay for a
transcript of the record within the time | 17 |
| for filing a motion for rehearing,
the 20 day period within | 18 |
| which such a motion may be filed shall commence
upon the | 19 |
| delivery of the transcript to the respondent.
| 20 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 21 |
| (225 ILCS 80/26.9) (from Ch. 111, par. 3926.9)
| 22 |
| (Section scheduled to be repealed on January 1, 2007)
| 23 |
| Sec. 26.9. Substantial justice; rehearing. Whenever the | 24 |
| Secretary
Director is
satisfied that substantial
justice has | 25 |
| not been done in the revocation, suspension or refusal to issue
| 26 |
| or renew a license, the Secretary
Director may order a | 27 |
| rehearing by the same or
another hearing officer or by the | 28 |
| Board.
| 29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 30 |
| (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
| 31 |
| (Section scheduled to be repealed on January 1, 2007)
| 32 |
| Sec. 26.10. Order or certified copy as prima facie proof. | 33 |
| An order or a
certified copy thereof, over the seal of the |
|
|
|
SB2469 Enrolled |
- 34 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| Department and purporting to be
signed by the Secretary
| 2 |
| Director , shall be prima facie proof that:
| 3 |
| (a) the signature is the genuine signature of the | 4 |
| Secretary
Director ;
| 5 |
| (b) the Secretary
Director is duly appointed and | 6 |
| qualified;
and
| 7 |
| (c) the Board and the members thereof are
qualified to | 8 |
| act.
| 9 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 10 |
| (225 ILCS 80/26.11) (from Ch. 111, par. 3926.11)
| 11 |
| (Section scheduled to be repealed on January 1, 2007)
| 12 |
| Sec. 26.11. At any time after the suspension or revocation | 13 |
| of any
license or certificate the Department may restore it to | 14 |
| the accused person,
unless after an investigation and a | 15 |
| hearing, the Department determines that
restoration is not in | 16 |
| the public interest.
| 17 |
| (Source: P.A. 85-896.)
| 18 |
| (225 ILCS 80/26.12) (from Ch. 111, par. 3926.12)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 26.12. Upon the revocation or suspension of any | 21 |
| license or
certificate , the licensee or certificate holder
| 22 |
| shall forthwith surrender
the license to the Department and if | 23 |
| the licensee fails to do so, the
Department shall have the | 24 |
| right to seize the license or certificate .
| 25 |
| (Source: P.A. 85-896.)
| 26 |
| (225 ILCS 80/26.13) (from Ch. 111, par. 3926.13)
| 27 |
| (Section scheduled to be repealed on January 1, 2007)
| 28 |
| Sec. 26.13. Temporary suspension. The Secretary
Director
| 29 |
| may temporarily suspend
the license or
certificate of an | 30 |
| optometrist without a hearing, simultaneously with the
| 31 |
| institution of proceedings for a hearing provided for in | 32 |
| Section 26.2 of
this Act, if the Secretary
Director finds that | 33 |
| evidence in his or her possession
indicates
that continuation |
|
|
|
SB2469 Enrolled |
- 35 - |
LRB094 16641 RAS 51909 b |
|
| 1 |
| in practice would constitute an imminent danger to the
public. | 2 |
| In the event that the Secretary
Director suspends, temporarily, | 3 |
| this license
or certificate without a hearing, a hearing by the | 4 |
| Department must be held
within 30 days after such suspension | 5 |
| has occurred, and be concluded without
appreciable delay.
| 6 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 7 |
| (225 ILCS 80/28) (from Ch. 111, par. 3928)
| 8 |
| (Section scheduled to be repealed on January 1, 2007)
| 9 |
| Sec. 28. It is declared to be the public policy of this | 10 |
| State,
pursuant to paragraphs (h) and (i) of Section 6 of | 11 |
| Article VII of the
Illinois Constitution of 1970, that any | 12 |
| power or function set forth in this
Act to be exercised by the | 13 |
| State is an exclusive State power or function.
Such power or | 14 |
| function shall not be exercised concurrently, either directly
| 15 |
| director
or indirectly, by any unit of
local government, | 16 |
| including home rule units, except as otherwise provided in this | 17 |
| Act.
| 18 |
| (Source: P.A. 85-896.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|