Public Act 90-0073 of the 90th General Assembly

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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.

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