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Public Act 91-0141
SB367 Enrolled LRB9104254LDmb
AN ACT to amend the Illinois Optometric Practice Act of
1987 by changing Sections 3, 6, 11, 12, and 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 Sections 3, 6, 11, 12, and 15.1 as
follows:
(225 ILCS 80/3) (from Ch. 111, par. 3903)
Sec. 3. Practice of optometry defined; referrals;
manufacture of lenses and prisms.
(a) The practice of optometry is defined as the
employment of any and all means for the examination,
diagnosis, and treatment of the human visual system, the
human eye, and its appendages without the use of surgery,
including but not limited to: the appropriate use of
diagnostic ocular pharmaceutical agents and therapeutic
ocular pharmaceutical agents; refraction and other
determinants of visual function; prescribing corrective
lenses or prisms; prescribing, dispensing, or management of
contact lenses; vision therapy; visual rehabilitation; or any
other procedures taught in schools and colleges of optometry
approved by the Department, and not specifically restricted
in this Act, subject to demonstrated competency and training
as required by the Board, and pursuant to rule or regulation
approved by the Board and adopted by the Department.
A person shall be deemed to be practicing optometry
within the meaning of this Act who:
(1) In any way presents himself or herself to be
qualified to practice optometry.
(2) Performs refractions or employs any other
determinants of visual function.
(3) Employs any means for the adaptation of lenses
or prisms.
(4) Prescribes corrective lenses, prisms, vision
therapy, visual rehabilitation, or ocular pharmaceutical
agents.
(5) Prescribes or manages contact lenses for
refractive, cosmetic, or therapeutic purposes.
(6) Evaluates the need for, or prescribes, low
vision aids to partially sighted persons.
(7) Diagnoses or treats any ocular abnormality,
disease, or visual or muscular anomaly of the human eye
or visual system.
(8) Practices, or offers or attempts to practice,
optometry as defined in this Act either on his or her own
behalf or as an employee of a person, firm, or
corporation, whether under the supervision of his or her
employer or not.
Nothing in this Section shall be interpreted (i) to
prevent a person from functioning as an assistant under the
direct supervision of a person licensed by the State of
Illinois to practice optometry or medicine in all of its
branches, or (ii) to prohibit visual screening programs that
are conducted without a fee (other than voluntary donations),
by charitable organizations acting in the public welfare
under the supervision of a committee composed of persons
licensed by the State of Illinois to practice optometry or
persons licensed by the State of Illinois to practice
medicine in all of its branches.
(b) When, in the course of providing optometric services
to any person, an optometrist licensed under this Act finds
an indication of a disease or condition of the eye which in
his or her professional judgment requires professional
service outside the scope of practice as defined in this Act,
he or she shall refer such person to a physician licensed to
practice medicine in all of its branches, or other
appropriate health care practitioner. Nothing in this Act
shall preclude an optometrist who is therapeutically
certified from rendering appropriate nonsurgical ophthalmic
emergency care.
(c) Nothing contained in this Section shall prohibit a
person from manufacturing ophthalmic lenses and prisms or the
fabrication of contact lenses according to the specifications
prescribed by an optometrist or a physician licensed to
practice medicine in all of its branches, but shall
specifically prohibit the sale or delivery of ophthalmic
lenses, prisms, and contact lenses without a prescription
signed by an optometrist or a physician licensed to practice
medicine in all of its branches.
(d) Nothing in this Act shall restrict the filling of a
prescription by a pharmacist licensed under the Pharmacy
Practice Act of 1987.
(Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
90-655, eff. 7-30-98.)
(225 ILCS 80/6) (from Ch. 111, par. 3906)
Sec. 6. Display of license or certificate; change of
address; record of examinations and prescriptions. Every
holder of a license or certificate under this Act shall
display such license or certificate on a conspicuous place in
the office or offices wherein such holder practices optometry
and every holder shall, whenever requested, exhibit such
license or certificate to any representative of the
Department, and shall notify the Department of the address or
addresses and of every change thereof, where such holder
shall practice optometry.
Every licensed optometrist shall keep a record of
examinations made and prescriptions issued, which record
shall include the names of persons examined and for whom
prescriptions were prepared, and shall be signed by the
licensed optometrist and retained by him in the office in
which such professional service was rendered. Such records
shall be preserved by the optometrist for a period designated
by the Department of three years from the date on which such
professional service was rendered. A copy of such records
shall be provided, upon written request, to the person
examined, or his or her designee.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 80/11) (from Ch. 111, par. 3911)
Sec. 11. Optometric Licensing and Disciplinary Board.
The Director shall appoint an Illinois Optometric Licensing
and Disciplinary Board as follows: Seven persons who shall be
appointed by and shall serve in an advisory capacity to the
Director. Five members must be lawfully and actively engaged
in the practice of optometry in this State, one member shall
be a licensed optometrist who is a member, with a full-time
faculty appointment with the Illinois College of Optometry,
and one member must be a member of the public who shall be a
voting non-voting member and is not licensed under this Act,
or a similar Act of another jurisdiction, or have any
connection with the profession. Neither the public member
nor the faculty member shall participate in the preparation
or administration of the examination of applicants for
licensure or certification.
Members shall serve 4-year 4 year terms and until their
successors are appointed and qualified. No member shall be
appointed reappointed to the Board for more than 2 successive
4-year terms, not counting any partial terms when appointed
to fill the unexpired portion of a vacated term. for a term
which would cause his or her continuous service on the Board
to be longer than 8 successive years. Appointments to fill
vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this
Act. Board members in office on that date may be appointed
to specific terms as indicated herein.
The Board shall annually elect a chairperson and a
vice-chairperson, both of whom shall be licensed
optometrists.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
A majority of the Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all
of the duties of the Board.
The Director may terminate the appointment of any member
for cause.
The Director shall give due consideration to all
recommendations of the Board, and in the event that the
Director disagrees with or takes action contrary to the
recommendation of the Board, he or she shall provide the
Board with a written and specific explanation of this action.
None of the functions, powers or duties of the Department
with respect to policy matters relating to licensure,
discipline, and examination, including the promulgation of
such rules as may be necessary for the administration of this
Act, shall be exercised by the Department except upon review
of the Board.
Without, in any manner, limiting the power of the
Department to conduct investigations, the Board may recommend
to the Director that one or more licensed optometrists be
selected by the Director to conduct or assist in any
investigation pursuant to this Act. Such licensed
optometrist may receive remuneration as determined by the
Director.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 80/12) (from Ch. 111, par. 3912)
Sec. 12. Applications for licenses and certificates.
Applications for original licenses and certificates shall be
made to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required fee,
which shall not be refundable. Any such application shall
require such information as in the judgment of the Department
will enable the Department to pass on the qualifications of
the applicant for a license or certificate.
An applicant for initial original licensure in Illinois
shall apply for, and be qualified to receive and shall
maintain certification to use diagnostic and therapeutic
ocular pharmaceuticals.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed within 3 years, the application shall be
denied, the application fees shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
(225 ILCS 80/15.1)
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.
All applicants for license renewal after January 1, 2006
must apply for and maintain certification to use therapeutic
ocular pharmaceutical agents.
(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;
90-73, eff. 7-8-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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