Public Act 90-0165 of the 90th General Assembly
Public Act 90-0165
HB2150 Enrolled LRB9000077MWmb
AN ACT concerning a lien for licensed optometrists.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Optometrists Lien Act.
Section 5. Elements of the lien. Every person who holds
a valid license under the Illinois Optometric Practice Act of
1987 shall have a lien upon all claims and causes of action
for the amount of his or her reasonable charges up to the
date of payment of the damages. The total amount of all
liens under this Act shall not exceed one-third of the sum
paid or due to the injured person based on a claim or right
of action. The lien shall also include a written notice
containing the name and address of the injured person, the
date of the injury, the name and address of the licensed
optometrist, and the name of the party alleged to be liable
to make compensation to the injured person for the injuries
received. The notice shall be served on both the injured
person and the party against whom the claim or right of
action exists. Service shall be made by registered or
certified mail or in person.
Section 10. Payment. Notwithstanding any other provision
of this Act, payment in good faith to any person other than
the licensed optometrist claiming a lien before the service
of notice of lien shall, to the extent of the payment made,
bar or prevent the creation of an enforceable lien.
Section 15. Attachment. The lien of the licensed
optometrist, from the time of service of a notice as provided
in Section 5, shall attach to any verdict, judgment, or order
secured in any suit or action by the injured party based on a
negligent or wrongful act, and to any money or property that
may be recovered by compromise settlement, or in any suit or
action brought by the injured person on account of his or her
claim or right of action. In case of the death of the
injured person, the lien shall attach to any money or
property that may be recovered by compromise settlement,
suit, or action based on injuries not resulting in the death
of the injured person, or to any verdict, judgment, or order
in any suit or action brought by the estate of the injured
person against any other person for the recovery of damages
on account of injuries not resulting in the death of the
injured person.
Section 20. Examination of records. Any party to a
cause pending in a court against whom a claim is asserted or
any party against whom a claim has been asserted for damages
resulting from injuries shall, upon written request, be
permitted to examine the records of the licensed optometrist
in reference to the examination and treatment of the injured
person. Any licensed optometrist claiming a lien under this
Act shall, within 10 days of being requested in writing by
any party, furnish to the party, or file with the clerk of
the court in which the cause is pending, a written statement
of the nature and extent of the injuries sustained by and the
treatment given to the injured person by the licensed
optometrist and the history, if any, as given by the injured
person, as shown in the records of the licensed optometrist
regarding the manner in which the injuries were received.
Section 25. Failure to file written statement. Should
any licensed optometrist fail or refuse to give or file a
written statement as required in Section 20 after receiving a
written request to do so as provided in Section 20, the
licensed optometrist's lien shall immediately become null and
void.
Section 30. Enforcement and priorities. The injured
person or licensed optometrist shall file a petition, and the
circuit court shall, after written notice to all interested
adverse parties, adjudicate the rights of all interested
parties and enforce their liens. Nothing in this Act affects
the priority of any attorney's lien under the Attorneys Lien
Act, nor gives priority to liens of nonprofit hospitals, and
hospitals maintained and operated entirely by a county
rendering treatment and maintenance to injured persons under
the Hospital Lien Act.