HB2198 94TH GENERAL ASSEMBLY

LRB094 03203 RAS 33204 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2198

Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 80/15.1

Amends the Illinois Optometric Practice Act of 1987. Makes a technical change in a Section concerning diagnostic and therapeutic certification.

A BILL FOR

AN ACT concerning regulation.

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)

(Section scheduled to be repealed on January 1, 2007)

Sec. 15.1. Diagnostic and therapeutic certification.

(a) Any licensed optometrist may apply to the 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. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)