Public Act 90-0073 of the 90th General Assembly
Public Act 90-0073
SB610 Enrolled LRB9003062DPmg
AN ACT to amend the Illinois Optometric Practice Act of
1987 by changing Section 15.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Optometric Practice Act of 1987
is amended by changing Section 15.1 as follows:
(225 ILCS 80/15.1)
(Text of Section before amendment by P.A. 89-702)
Sec. 15.1. Diagnostic and therapeutic certification.
(a) Any licensed optometrist may apply to the
Department, in the form the Department may prescribe, for a
certificate to use diagnostic topical ocular pharmaceutical
agents and the Department shall certify the applicant if:
(1) the applicant has received appropriate training
and certification from a properly accredited institution
of higher learning for the certificate; and
(2) the applicant has demonstrated training and
competence to use diagnostic topical ocular
pharmaceutical agents as required by the Committee
pursuant to rule or regulation approved by the Committee
and adopted by the Department.
A certificate to use topical ocular pharmaceutical agents
for diagnostic purposes previously issued by the Department
that is current and valid on the effective date of this
amendatory Act of 1995 is valid until its expiration date and
entitles the holder of the certificate to use diagnostic
topical ocular pharmaceutical agents as provided in this Act.
(b) Any licensed optometrist may apply to the
Department, in the form the Department may prescribe, for a
certificate to use therapeutic ocular pharmaceutical agents
and the Department shall certify the applicant if:
(1) the applicant has received a certificate to use
diagnostic topical ocular pharmaceutical agents under
subsection (a);
(2) the applicant has received appropriate training
and certification from a properly accredited institution
of higher learning for the certificate; and
(3) the applicant has demonstrated training and
competence to use therapeutic ocular pharmaceutical
agents as required by the Committee pursuant to rule or
regulation approved by the Committee and adopted by the
Department.
(c) For purposes of the Act, "diagnostic topical ocular
pharmaceutical agents" means anesthetics, mydriatics,
cycloplegics, and miotics used for diagnostic purposes as
defined by the Committee pursuant to rule approved by the
Committee and adopted by the Department.
(d) For the purposes of the Act, "therapeutic ocular
pharmaceutical agents" means the following when used for
diagnostic or therapeutic purposes: topical anti-infective
agents, topical anti-allergy agents, topical anti-glaucoma
agents, topical anti-inflammatory agents, topical anesthetic
agents, over the counter agents, non-narcotic oral analgesic
agents, and mydriatic reversing agents.
(e) A licensed optometrist who is therapeutically
certified may remove superficial foreign bodies from the
human eye and adnexa.
(e-5) A licensed optometrist who is therapeutically
certified may give orders for patient care related to the use
of therapeutic ocular pharmaceutical agents to a nurse
licensed to practice under Illinois law.
(f) An optometrist's certificate to use diagnostic
topical ocular pharmaceutical agents shall be revoked or
suspended by the Department upon recommendation of the
Committee based on the misuse of any diagnostic topical
ocular pharmaceutical agent.
(g) An optometrist's certificate to use therapeutic
ocular pharmaceutical agents shall be revoked or suspended by
the Department upon recommendation of the Committee based on
the misuse of any therapeutic ocular pharmaceutical agent.
(h) An optometrist's license shall be revoked or
suspended by the Department upon recommendation of the
Committee based upon either of the following causes:
(1) grave or repeated misuse of any diagnostic or
therapeutic ocular pharmaceutical agent; and
(2) the use of any agent or procedure in the course
of optometric practice by an optometrist not properly
certified under this Section.
(i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
26.11, 26.14, and 26.15 of this Act shall apply to all
disciplinary proceedings brought under this Section.
(j) The Director may temporarily suspend a certificate
to use diagnostic topical ocular pharmaceuticals or a
certificate to use therapeutic ocular pharmaceuticals or a
license to practice optometry, without a hearing,
simultaneously with the institution of proceedings for a
hearing based upon a violation of subsection (f), (g), or (h)
of this Section, if the Director finds that evidence in his
or her possession indicates that the continued use of
diagnostic topical ocular pharmaceuticals, or therapeutic
ocular pharmaceuticals, or continued practice of optometry
would constitute an immediate danger to the public. In the
event that the Director temporarily suspends a certificate to
use diagnostic topical ocular pharmaceuticals, therapeutic
ocular pharmaceuticals, or a license to practice optometry
without a hearing, a hearing by the Committee shall be
commenced within 15 days after suspension has occurred, and
concluded without appreciable delay.
(k) The Director of the Department of Professional
Regulation shall notify the Director of the Department of
Public Health as to the categories of ocular pharmaceutical
agents permitted for use by an optometrist. The Director of
the Department of Public Health shall in turn notify every
licensed pharmacist in the State of the categories of ocular
pharmaceutical agents that can be utilized and prescribed by
an optometrist.
(l) Nothing in this Act prohibits the use of diagnostic
topical ocular pharmaceutical agents or therapeutic ocular
pharmaceutical agents in the practice of optometry by
optometrists certified for such use under this Section.
(Source: P.A. 89-140, eff. 1-1-96.)
(Text of Section after amendment by P.A. 89-702)
Sec. 15.1. Diagnostic and therapeutic certification.
(a) Any licensed optometrist may apply to the
Department, in the form the Department may prescribe, for a
certificate to use diagnostic topical ocular pharmaceutical
agents and the Department shall certify the applicant if:
(1) the applicant has received appropriate training
and certification from a properly accredited institution
of higher learning for the certificate; and
(2) the applicant has demonstrated training and
competence to use diagnostic topical ocular
pharmaceutical agents as required by the Board pursuant
to rule or regulation approved by the Board and adopted
by the Department.
A certificate to use topical ocular pharmaceutical agents
for diagnostic purposes previously issued by the Department
that is current and valid on the effective date of this
amendatory Act of 1995 is valid until its expiration date and
entitles the holder of the certificate to use diagnostic
topical ocular pharmaceutical agents as provided in this Act.
(b) Any licensed optometrist may apply to the
Department, in the form the Department may prescribe, for a
certificate to use therapeutic ocular pharmaceutical agents
and the Department shall certify the applicant if:
(1) the applicant has received a certificate to use
diagnostic topical ocular pharmaceutical agents under
subsection (a);
(2) the applicant has received appropriate training
and certification from a properly accredited institution
of higher learning for the certificate; and
(3) the applicant has demonstrated training and
competence to use therapeutic ocular pharmaceutical
agents as required by the Board pursuant to rule or
regulation approved by the Board and adopted by the
Department.
(c) For purposes of the Act, "diagnostic topical ocular
pharmaceutical agents" means anesthetics, mydriatics,
cycloplegics, and miotics used for diagnostic purposes as
defined by the Board pursuant to rule approved by the Board
and adopted by the Department.
(d) For the purposes of the Act, "therapeutic ocular
pharmaceutical agents" means the following when used for
diagnostic or therapeutic purposes: topical anti-infective
agents, topical anti-allergy agents, topical anti-glaucoma
agents, topical anti-inflammatory agents, topical anesthetic
agents, over the counter agents, non-narcotic oral analgesic
agents, and mydriatic reversing agents.
(e) A licensed optometrist who is therapeutically
certified may remove superficial foreign bodies from the
human eye and adnexa.
(e-5) A licensed optometrist who is therapeutically
certified may give orders for patient care related to the use
of therapeutic ocular pharmaceutical agents to a nurse
licensed to practice under Illinois law.
(f) An optometrist's certificate to use diagnostic
topical ocular pharmaceutical agents shall be revoked or
suspended by the Department upon recommendation of the Board
based on the misuse of any diagnostic topical ocular
pharmaceutical agent.
(g) An optometrist's certificate to use therapeutic
ocular pharmaceutical agents shall be revoked or suspended by
the Department upon recommendation of the Board based on the
misuse of any therapeutic ocular pharmaceutical agent.
(h) An optometrist's license shall be revoked or
suspended by the Department upon recommendation of the Board
based upon either of the following causes:
(1) grave or repeated misuse of any diagnostic or
therapeutic ocular pharmaceutical agent; and
(2) the use of any agent or procedure in the course
of optometric practice by an optometrist not properly
certified under this Section.
(i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
26.11, 26.14, and 26.15 of this Act shall apply to all
disciplinary proceedings brought under this Section.
(j) The Director may temporarily suspend a certificate
to use diagnostic topical ocular pharmaceuticals or a
certificate to use therapeutic ocular pharmaceuticals or a
license to practice optometry, without a hearing,
simultaneously with the institution of proceedings for a
hearing based upon a violation of subsection (f), (g), or (h)
of this Section, if the Director finds that evidence in his
or her possession indicates that the continued use of
diagnostic topical ocular pharmaceuticals, or therapeutic
ocular pharmaceuticals, or continued practice of optometry
would constitute an immediate danger to the public. In the
event that the Director temporarily suspends a certificate to
use diagnostic topical ocular pharmaceuticals, therapeutic
ocular pharmaceuticals, or a license to practice optometry
without a hearing, a hearing by the Board shall be commenced
within 15 days after suspension has occurred, and concluded
without appreciable delay.
(k) The Director of the Department of Professional
Regulation shall notify the Director of the Department of
Public Health as to the categories of ocular pharmaceutical
agents permitted for use by an optometrist. The Director of
the Department of Public Health shall in turn notify every
licensed pharmacist in the State of the categories of ocular
pharmaceutical agents that can be utilized and prescribed by
an optometrist.
(l) Nothing in this Act prohibits the use of diagnostic
topical ocular pharmaceutical agents or therapeutic ocular
pharmaceutical agents in the practice of optometry by
optometrists certified for such use under this Section.
(Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.