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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0610
225 ILCS 80/15.1
Amends the Illinois Optometric Practice Act of 1987 to
allow a therapeutically certified optometrist licensed under
the Act to give orders for patient care to a licensed nurse
if the orders are within the scope of the optometrist's
therapeutic certificate. Effective immediately.
LRB9003062DPmg
LRB9003062DPmg
1 AN ACT to amend the Illinois Optometric Practice Act of
2 1987 by changing Section 15.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Optometric Practice Act of 1987
6 is amended by changing Section 15.1 as follows:
7 (225 ILCS 80/15.1)
8 (Text of Section before amendment by P.A. 89-702)
9 Sec. 15.1. Diagnostic and therapeutic certification.
10 (a) Any licensed optometrist may apply to the
11 Department, in the form the Department may prescribe, for a
12 certificate to use diagnostic topical ocular pharmaceutical
13 agents and the Department shall certify the 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
19 pharmaceutical agents as required by the Committee
20 pursuant to rule or regulation approved by the Committee
21 and adopted by the 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
29 Department, in the form the Department may prescribe, for a
30 certificate to use therapeutic ocular pharmaceutical agents
31 and the Department shall certify the applicant if:
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1 (1) the applicant has received a certificate to use
2 diagnostic topical ocular pharmaceutical agents under
3 subsection (a);
4 (2) the applicant has received appropriate training
5 and certification from a properly accredited institution
6 of higher learning for the certificate; and
7 (3) the applicant has demonstrated training and
8 competence to use therapeutic ocular pharmaceutical
9 agents as required by the Committee pursuant to rule or
10 regulation approved by the Committee and adopted by the
11 Department.
12 (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 Committee pursuant to rule approved by the
16 Committee and adopted by the Department.
17 (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
22 agents, over the counter agents, non-narcotic oral analgesic
23 agents, and mydriatic reversing agents.
24 (e) A licensed optometrist who is therapeutically
25 certified may remove superficial foreign bodies from the
26 human eye and adnexa.
27 (e-5) A licensed optometrist who is therapeutically
28 certified may give orders for patient care to a nurse
29 licensed to practice nursing under Illinois law so long as
30 the order is within the scope of the optometrist's
31 therapeutic certificate.
32 (f) An optometrist's certificate to use diagnostic
33 topical ocular pharmaceutical agents shall be revoked or
34 suspended by the Department upon recommendation of the
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1 Committee based on the misuse of any diagnostic topical
2 ocular pharmaceutical agent.
3 (g) An optometrist's certificate to use therapeutic
4 ocular pharmaceutical agents shall be revoked or suspended by
5 the Department upon recommendation of the Committee based on
6 the misuse of any therapeutic ocular pharmaceutical agent.
7 (h) An optometrist's license shall be revoked or
8 suspended by the Department upon recommendation of the
9 Committee based upon either of the following causes:
10 (1) grave or repeated misuse of any diagnostic or
11 therapeutic ocular pharmaceutical agent; and
12 (2) the use of any agent or procedure in the course
13 of optometric practice by an optometrist not properly
14 certified under this Section.
15 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
16 26.11, 26.14, and 26.15 of this Act shall apply to all
17 disciplinary proceedings brought under this Section.
18 (j) The Director may temporarily suspend a certificate
19 to use diagnostic topical ocular pharmaceuticals or a
20 certificate to use therapeutic ocular pharmaceuticals or a
21 license to practice optometry, without a hearing,
22 simultaneously with the institution of proceedings for a
23 hearing based upon a violation of subsection (f), (g), or (h)
24 of this Section, if the Director finds that evidence in his
25 or her possession indicates that the continued use of
26 diagnostic topical ocular pharmaceuticals, or therapeutic
27 ocular pharmaceuticals, or continued practice of optometry
28 would constitute an immediate danger to the public. In the
29 event that the Director temporarily suspends a certificate to
30 use diagnostic topical ocular pharmaceuticals, therapeutic
31 ocular pharmaceuticals, or a license to practice optometry
32 without a hearing, a hearing by the Committee shall be
33 commenced within 15 days after suspension has occurred, and
34 concluded without appreciable delay.
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1 (k) The Director of the Department of Professional
2 Regulation shall notify the Director of the Department of
3 Public Health as to the categories of ocular pharmaceutical
4 agents permitted for use by an optometrist. The Director of
5 the Department of Public Health shall in turn notify every
6 licensed pharmacist in the State of the categories of ocular
7 pharmaceutical agents that can be utilized and prescribed by
8 an optometrist.
9 (l) Nothing in this Act prohibits the use of diagnostic
10 topical ocular pharmaceutical agents or therapeutic ocular
11 pharmaceutical agents in the practice of optometry by
12 optometrists certified for such use under this Section.
13 (Source: P.A. 89-140, eff. 1-1-96.)
14 (Text of Section after amendment by P.A. 89-702)
15 Sec. 15.1. Diagnostic and therapeutic certification.
16 (a) Any licensed optometrist may apply to the
17 Department, in the form the Department may prescribe, for a
18 certificate to use diagnostic topical ocular pharmaceutical
19 agents and the Department shall certify the applicant if:
20 (1) the applicant has received appropriate training
21 and certification from a properly accredited institution
22 of higher learning for the certificate; and
23 (2) the applicant has demonstrated training and
24 competence to use diagnostic topical ocular
25 pharmaceutical agents as required by the Board pursuant
26 to rule or regulation approved by the Board and adopted
27 by the Department.
28 A certificate to use topical ocular pharmaceutical agents
29 for diagnostic purposes previously issued by the Department
30 that is current and valid on the effective date of this
31 amendatory Act of 1995 is valid until its expiration date and
32 entitles the holder of the certificate to use diagnostic
33 topical ocular pharmaceutical agents as provided in this Act.
34 (b) Any licensed optometrist may apply to the
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1 Department, in the form the Department may prescribe, for a
2 certificate to use therapeutic ocular pharmaceutical agents
3 and the Department shall certify the applicant if:
4 (1) the applicant has received a certificate to use
5 diagnostic topical ocular pharmaceutical agents under
6 subsection (a);
7 (2) the applicant has received appropriate training
8 and certification from a properly accredited institution
9 of higher learning for the certificate; and
10 (3) the applicant has demonstrated training and
11 competence to use therapeutic ocular pharmaceutical
12 agents as required by the Board pursuant to rule or
13 regulation approved by the Board and adopted by the
14 Department.
15 (c) For purposes of the Act, "diagnostic topical ocular
16 pharmaceutical agents" means anesthetics, mydriatics,
17 cycloplegics, and miotics used for diagnostic purposes as
18 defined by the Board pursuant to rule approved by the Board
19 and adopted by the Department.
20 (d) For the purposes of the Act, "therapeutic ocular
21 pharmaceutical agents" means the following when used for
22 diagnostic or therapeutic purposes: topical anti-infective
23 agents, topical anti-allergy agents, topical anti-glaucoma
24 agents, topical anti-inflammatory agents, topical anesthetic
25 agents, over the counter agents, non-narcotic oral analgesic
26 agents, and mydriatic reversing agents.
27 (e) A licensed optometrist who is therapeutically
28 certified may remove superficial foreign bodies from the
29 human eye and adnexa.
30 (e-5) A licensed optometrist who is therapeutically
31 certified may give orders for patient care to a nurse
32 licensed to practice nursing under Illinois law so long as
33 the order is within the scope of the optometrist's
34 therapeutic certificate.
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1 (f) An optometrist's certificate to use diagnostic
2 topical ocular pharmaceutical agents shall be revoked or
3 suspended by the Department upon recommendation of the Board
4 based on the misuse of any diagnostic topical ocular
5 pharmaceutical agent.
6 (g) An optometrist's certificate to use therapeutic
7 ocular pharmaceutical agents shall be revoked or suspended by
8 the Department upon recommendation of the Board based on the
9 misuse of any therapeutic ocular pharmaceutical agent.
10 (h) An optometrist's license shall be revoked or
11 suspended by the Department upon recommendation of the Board
12 based upon either of the following causes:
13 (1) grave or repeated misuse of any diagnostic or
14 therapeutic ocular pharmaceutical agent; and
15 (2) the use of any agent or procedure in the course
16 of optometric practice by an optometrist not properly
17 certified under this Section.
18 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
19 26.11, 26.14, and 26.15 of this Act shall apply to all
20 disciplinary proceedings brought under this Section.
21 (j) The Director may temporarily suspend a certificate
22 to use diagnostic topical ocular pharmaceuticals or a
23 certificate to use therapeutic ocular pharmaceuticals or a
24 license to practice optometry, without a hearing,
25 simultaneously with the institution of proceedings for a
26 hearing based upon a violation of subsection (f), (g), or (h)
27 of this Section, if the Director finds that evidence in his
28 or her possession indicates that the continued use of
29 diagnostic topical ocular pharmaceuticals, or therapeutic
30 ocular pharmaceuticals, or continued practice of optometry
31 would constitute an immediate danger to the public. In the
32 event that the Director temporarily suspends a certificate to
33 use diagnostic topical ocular pharmaceuticals, therapeutic
34 ocular pharmaceuticals, or a license to practice optometry
-7- LRB9003062DPmg
1 without a hearing, a hearing by the Board shall be commenced
2 within 15 days after suspension has occurred, and concluded
3 without appreciable delay.
4 (k) The Director of the Department of Professional
5 Regulation shall notify the Director of the Department of
6 Public Health as to the categories of ocular pharmaceutical
7 agents permitted for use by an optometrist. The Director of
8 the Department of Public Health shall in turn notify every
9 licensed pharmacist in the State of the categories of ocular
10 pharmaceutical agents that can be utilized and prescribed by
11 an optometrist.
12 (l) Nothing in this Act prohibits the use of diagnostic
13 topical ocular pharmaceutical agents or therapeutic ocular
14 pharmaceutical agents in the practice of optometry by
15 optometrists certified for such use under this Section.
16 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.