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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0610enr
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
SB610 Enrolled 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 related to the use
29 of therapeutic ocular pharmaceutical agents to a nurse
30 licensed to practice under Illinois law.
31 (f) An optometrist's certificate to use diagnostic
32 topical ocular pharmaceutical agents shall be revoked or
33 suspended by the Department upon recommendation of the
34 Committee based on the misuse of any diagnostic topical
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1 ocular pharmaceutical agent.
2 (g) An optometrist's certificate to use therapeutic
3 ocular pharmaceutical agents shall be revoked or suspended by
4 the Department upon recommendation of the Committee based on
5 the misuse of any therapeutic ocular pharmaceutical agent.
6 (h) An optometrist's license shall be revoked or
7 suspended by the Department upon recommendation of the
8 Committee based upon either of the following causes:
9 (1) grave or repeated misuse of any diagnostic or
10 therapeutic ocular pharmaceutical agent; and
11 (2) the use of any agent or procedure in the course
12 of optometric practice by an optometrist not properly
13 certified under this Section.
14 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
15 26.11, 26.14, and 26.15 of this Act shall apply to all
16 disciplinary proceedings brought under this Section.
17 (j) The Director may temporarily suspend a certificate
18 to use diagnostic topical ocular pharmaceuticals or a
19 certificate to use therapeutic ocular pharmaceuticals or a
20 license to practice optometry, without a hearing,
21 simultaneously with the institution of proceedings for a
22 hearing based upon a violation of subsection (f), (g), or (h)
23 of this Section, if the Director finds that evidence in his
24 or her possession indicates that the continued use of
25 diagnostic topical ocular pharmaceuticals, or therapeutic
26 ocular pharmaceuticals, or continued practice of optometry
27 would constitute an immediate danger to the public. In the
28 event that the Director temporarily suspends a certificate to
29 use diagnostic topical ocular pharmaceuticals, therapeutic
30 ocular pharmaceuticals, or a license to practice optometry
31 without a hearing, a hearing by the Committee shall be
32 commenced within 15 days after suspension has occurred, and
33 concluded without appreciable delay.
34 (k) The Director of the Department of Professional
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1 Regulation shall notify the Director of the Department of
2 Public Health as to the categories of ocular pharmaceutical
3 agents permitted for use by an optometrist. The Director of
4 the Department of Public Health shall in turn notify every
5 licensed pharmacist in the State of the categories of ocular
6 pharmaceutical agents that can be utilized and prescribed by
7 an optometrist.
8 (l) Nothing in this Act prohibits the use of diagnostic
9 topical ocular pharmaceutical agents or therapeutic ocular
10 pharmaceutical agents in the practice of optometry by
11 optometrists certified for such use under this Section.
12 (Source: P.A. 89-140, eff. 1-1-96.)
13 (Text of Section after amendment by P.A. 89-702)
14 Sec. 15.1. Diagnostic and therapeutic certification.
15 (a) Any licensed optometrist may apply to the
16 Department, in the form the Department may prescribe, for a
17 certificate to use diagnostic topical ocular pharmaceutical
18 agents and the Department shall certify the applicant if:
19 (1) the applicant has received appropriate training
20 and certification from a properly accredited institution
21 of higher learning for the certificate; and
22 (2) the applicant has demonstrated training and
23 competence to use diagnostic topical ocular
24 pharmaceutical agents as required by the Board pursuant
25 to rule or regulation approved by the Board and adopted
26 by the Department.
27 A certificate to use topical ocular pharmaceutical agents
28 for diagnostic purposes previously issued by the Department
29 that is current and valid on the effective date of this
30 amendatory Act of 1995 is valid until its expiration date and
31 entitles the holder of the certificate to use diagnostic
32 topical ocular pharmaceutical agents as provided in this Act.
33 (b) Any licensed optometrist may apply to the
34 Department, in the form the Department may prescribe, for a
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1 certificate to use therapeutic ocular pharmaceutical agents
2 and the Department shall certify the applicant if:
3 (1) the applicant has received a certificate to use
4 diagnostic topical ocular pharmaceutical agents under
5 subsection (a);
6 (2) the applicant has received appropriate training
7 and certification from a properly accredited institution
8 of higher learning for the certificate; and
9 (3) the applicant has demonstrated training and
10 competence to use therapeutic ocular pharmaceutical
11 agents as required by the Board pursuant to rule or
12 regulation approved by the Board and adopted by the
13 Department.
14 (c) For purposes of the Act, "diagnostic topical ocular
15 pharmaceutical agents" means anesthetics, mydriatics,
16 cycloplegics, and miotics used for diagnostic purposes as
17 defined by the Board pursuant to rule approved by the Board
18 and adopted by the Department.
19 (d) For the purposes of the Act, "therapeutic ocular
20 pharmaceutical agents" means the following when used for
21 diagnostic or therapeutic purposes: topical anti-infective
22 agents, topical anti-allergy agents, topical anti-glaucoma
23 agents, topical anti-inflammatory agents, topical anesthetic
24 agents, over the counter agents, non-narcotic oral analgesic
25 agents, and mydriatic reversing agents.
26 (e) A licensed optometrist who is therapeutically
27 certified may remove superficial foreign bodies from the
28 human eye and adnexa.
29 (e-5) A licensed optometrist who is therapeutically
30 certified may give orders for patient care related to the use
31 of therapeutic ocular pharmaceutical agents to a nurse
32 licensed to practice under Illinois law.
33 (f) An optometrist's certificate to use diagnostic
34 topical ocular pharmaceutical agents shall be revoked or
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1 suspended by the Department upon recommendation of the Board
2 based on the misuse of any diagnostic topical ocular
3 pharmaceutical agent.
4 (g) An optometrist's certificate to use therapeutic
5 ocular pharmaceutical agents shall be revoked or suspended by
6 the Department upon recommendation of the Board based on the
7 misuse of any therapeutic ocular pharmaceutical agent.
8 (h) An optometrist's license shall be revoked or
9 suspended by the Department upon recommendation of the Board
10 based upon either of the following causes:
11 (1) grave or repeated misuse of any diagnostic or
12 therapeutic ocular pharmaceutical agent; and
13 (2) the use of any agent or procedure in the course
14 of optometric practice by an optometrist not properly
15 certified under this Section.
16 (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
17 26.11, 26.14, and 26.15 of this Act shall apply to all
18 disciplinary proceedings brought under this Section.
19 (j) The Director may temporarily suspend a certificate
20 to use diagnostic topical ocular pharmaceuticals or a
21 certificate to use therapeutic ocular pharmaceuticals or a
22 license to practice optometry, without a hearing,
23 simultaneously with the institution of proceedings for a
24 hearing based upon a violation of subsection (f), (g), or (h)
25 of this Section, if the Director finds that evidence in his
26 or her possession indicates that the continued use of
27 diagnostic topical ocular pharmaceuticals, or therapeutic
28 ocular pharmaceuticals, or continued practice of optometry
29 would constitute an immediate danger to the public. In the
30 event that the Director temporarily suspends a certificate to
31 use diagnostic topical ocular pharmaceuticals, therapeutic
32 ocular pharmaceuticals, or a license to practice optometry
33 without a hearing, a hearing by the Board shall be commenced
34 within 15 days after suspension has occurred, and concluded
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1 without appreciable delay.
2 (k) The Director of the Department of Professional
3 Regulation shall notify the Director of the Department of
4 Public Health as to the categories of ocular pharmaceutical
5 agents permitted for use by an optometrist. The Director of
6 the Department of Public Health shall in turn notify every
7 licensed pharmacist in the State of the categories of ocular
8 pharmaceutical agents that can be utilized and prescribed by
9 an optometrist.
10 (l) Nothing in this Act prohibits the use of diagnostic
11 topical ocular pharmaceutical agents or therapeutic ocular
12 pharmaceutical agents in the practice of optometry by
13 optometrists certified for such use under this Section.
14 (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.