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SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing |
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| Section 4.17 and by adding Section 4.27 as follows:
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| (5 ILCS 80/4.17)
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| Sec. 4.17. Acts repealed on January 1, 2007. The following |
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| are repealed on
January 1, 2007:
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| The Boiler and Pressure Vessel Repairer Regulation |
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| Act.
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| The Structural Pest Control Act.
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| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, |
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| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois |
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| Insurance Code.
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| The Clinical Psychologist Licensing Act.
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| The Illinois Optometric Practice Act of 1987.
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| The Medical Practice Act of 1987.
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| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 92-837, eff. 8-22-02.)
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| (5 ILCS 80/4.27 new) |
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| Sec. 4.27. Act repealed on January 1, 2017. The following |
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| Act is repealed on January 1, 2017: |
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| The Illinois Optometric Practice Act of 1987. |
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| Section 10. The Illinois Optometric Practice Act of 1987 is |
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| amended by changing Sections 3, 4.5, 5, 6, 7, 8, 9, 10, 11, 12, |
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| 13, 14, 15.1, 16, 17, 19, 20, 21, 23, 24, 25, 26.1, 26.2, 26.5, |
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| 26.6, 26.7, 26.8, 26.9, 26.10, 26.11, 26.12, 26.13, and 28 and |
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| by adding Sections 11.5 and 15.2 as follows:
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| (225 ILCS 80/3) (from Ch. 111, par. 3903)
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LRB094 16641 RAS 51909 b |
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Practice of optometry defined; referrals; |
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| manufacture of lenses
and prisms.
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| (a) The practice of optometry is defined as the employment |
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| of any
and all means for the examination, diagnosis, and |
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| treatment of the human
visual system, the human eye, and its |
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| appendages without the use of
surgery, including but not |
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| limited to: the appropriate
use of diagnostic ocular |
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| pharmaceutical agents and therapeutic ocular
pharmaceutical |
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| agents; refraction and other determinants of visual function;
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| prescribing corrective lenses or prisms; prescribing, |
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| dispensing, or management
of contact lenses; vision therapy; |
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| visual rehabilitation; or any other
procedures taught in |
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| schools and colleges of optometry approved by the
Department, |
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| and not specifically restricted in this Act, subject to
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| demonstrated competency and training as required by the Board, |
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| and pursuant
to rule or regulation approved by the Board and |
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| adopted by
the Department.
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| A person shall be deemed to be practicing optometry within |
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| the meaning of
this Act who:
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| (1) In any way presents himself or herself to be |
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| qualified to
practice optometry.
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| (2) Performs refractions or employs any other |
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| determinants of
visual function.
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| (3) Employs any means for the adaptation of lenses or |
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| prisms.
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| (4) Prescribes corrective lenses, prisms, vision |
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| therapy,
visual rehabilitation, or ocular pharmaceutical |
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| agents.
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| (5) Prescribes or manages contact lenses for |
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| refractive,
cosmetic, or therapeutic purposes.
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| (6) Evaluates the need for, or prescribes, low vision |
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| aids to
partially sighted persons.
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| (7) Diagnoses or treats any ocular abnormality, |
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| disease, or
visual or muscular anomaly of the human eye or |
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| visual system.
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LRB094 16641 RAS 51909 b |
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| (8) Practices, or offers or attempts to practice, |
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| optometry as defined in
this Act either on his or her own |
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| behalf or as an employee
of a person, firm,
or corporation, |
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| whether under the supervision of his or her employer or |
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| not.
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| Nothing in this Section shall be interpreted (i) to prevent |
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| a person from
functioning as an assistant under the direct |
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| supervision of a person licensed
by the State of Illinois to |
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| practice optometry or medicine in all of its
branches or (ii) |
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| to prohibit visual screening programs that
are conducted |
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| without a fee (other than voluntary donations), by
charitable |
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| organizations
acting in the public welfare under
the |
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| supervision of a committee composed of persons licensed by the |
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| State of
Illinois to practice optometry or persons licensed by |
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| the State of Illinois
to practice medicine in all of its |
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| branches.
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| (b) When, in the course of providing optometric services to |
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| any person,
an optometrist licensed under this Act finds an |
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| indication of a disease or
condition of the eye which in his or |
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| her professional judgment requires
professional service |
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| outside the scope of practice as defined in this Act,
he or she |
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| shall refer such person to a physician licensed to practice |
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| medicine
in all of its branches, or other appropriate health |
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| care practitioner.
Nothing in this Act shall preclude an |
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| optometrist who is therapeutically
certified from rendering |
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| appropriate nonsurgical
ophthalmic emergency care.
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| (c) Nothing contained in this Section shall prohibit a |
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| person from
manufacturing ophthalmic lenses and prisms or the |
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| fabrication
of contact lenses according to the specifications |
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| prescribed by an optometrist
or a physician licensed to |
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| practice medicine in all of its branches, but shall
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| specifically prohibit the sale or delivery of ophthalmic
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| lenses, prisms, and contact lenses without a prescription |
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| signed by an
optometrist or a physician licensed to practice |
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| medicine in all of its
branches.
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| (d) Nothing in this Act shall restrict the filling of a |
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LRB094 16641 RAS 51909 b |
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| prescription by a
pharmacist licensed under the Pharmacy |
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| Practice Act of 1987.
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| (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
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| (225 ILCS 80/4.5)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 4.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts |
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| to practice, or
holds oneself out to practice optometry without |
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| being licensed under this Act
or any individual or entity that |
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| causes or attempts to cause a licensed optometrist or any other |
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| person under that individual's or entity's control to violate |
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| this Act or any other State or federal law or rule related to |
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| the practice of optometry shall, in
addition to any other |
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| penalty provided by law, pay a civil penalty to the
Department |
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| in an amount not to exceed $10,000
$5,000 for each offense as |
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| determined by
the Department. The civil penalty shall be |
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| assessed by the Department after a
hearing is held in |
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| accordance with the provisions set forth in this Act
regarding |
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| the provision of a hearing for the discipline of a licensee.
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| (b) The Department has the authority and power to |
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| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date
of the order imposing the civil penalty. The |
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| order shall constitute a judgment
and may be filed and |
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| execution had thereon in the same manner as any judgment
from |
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| any court of record.
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| (Source: P.A. 93-754, eff. 7-16-04.)
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| (225 ILCS 80/5) (from Ch. 111, par. 3905)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 5. Title and designation of licensed optometrists. |
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| Every person to
whom a valid existing license as an
optometrist |
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| has been issued under this Act, shall be designated
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| professionally as an "optometrist" and not otherwise, and any |
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| such licensed
optometrist may, in connection with the practice |
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LRB094 16641 RAS 51909 b |
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| of his or her profession,
use the
title or designation of |
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| "optometrist", and, if entitled by degree from a
college or |
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| university recognized by the Department of Financial and
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| Professional
Regulation, may use the title of "Doctor of |
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| Optometry", or the abbreviation
"O.D.". When the name of such |
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| licensed optometrist is used professionally
in oral, written, |
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| or printed announcements, prescriptions, professional
cards, |
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| or publications for the information of the public, and is |
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| preceded
by the title "Doctor" or the abbreviation "Dr.", the |
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| explanatory
designation of "optometrist", "optometry", or |
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| "Doctor of Optometry" shall
be added immediately following such |
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| title and name. When such
announcement, prescription, |
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| professional care or publication is in writing
or in print, |
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| such explanatory addition shall be in writing, type, or print
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| not less than one-half the size of that used in said name and |
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| title. No
person other than the holder of a valid existing |
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| license under this Act
shall use the title and designation of |
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| "Doctor of Optometry", "O.D.", or
"optometrist", either |
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| directly or indirectly in connection with his or her
profession |
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| or business.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/6) (from Ch. 111, par. 3906)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 6. Display of license or certificate ; change of |
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| address; record of
examinations and prescriptions. Every |
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| holder of a license or
certificate under this Act shall
display |
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| such license or certificate on a conspicuous place in the |
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| office or
offices wherein such holder practices optometry and |
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| every holder shall,
whenever requested, exhibit such license or |
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| certificate to any
representative of the Department, and shall |
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| notify the Department of the
address or addresses and of every |
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| change thereof, where such holder shall
practice optometry.
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| Every licensed optometrist shall keep a record of |
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| examinations made and
prescriptions issued, which record shall |
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| include the names of persons
examined and for whom |
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LRB094 16641 RAS 51909 b |
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| prescriptions were prepared, and shall be signed by
the |
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| licensed optometrist and retained by him in the office in which |
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| such
professional service was rendered. Such records shall be |
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| preserved by the
optometrist for a period designated by the |
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| Department. A copy of such records
shall be
provided, upon |
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| written request, to the person examined, or his or her
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| designee.
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| (Source: P.A. 91-141, eff. 7-16-99.)
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| (225 ILCS 80/7) (from Ch. 111, par. 3907)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7. Additional licenses and certificates . Upon proper |
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| application
and payment of the prescribed fee,
additional |
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| licenses and certificates may be issued to active practitioners
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| who are engaged in the practice of optometry at more than one |
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| address.
A license must be displayed at each location where the |
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| licensee engages in
the practice of optometry.
Nothing |
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| contained herein, however, shall be construed to require a |
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| licensed
optometrist in active practice to obtain an additional |
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| license or
certificate for the purpose of serving on the staff |
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| of a hospital or an
institution that receives no fees (other |
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| than entrance
registration
fees)
for the services rendered by |
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| the optometrist and for which the optometrist
receives no fees |
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| or compensation directly or indirectly for such services
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| rendered. Nothing contained herein shall be construed to |
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| require a
licensed optometrist to obtain an additional license |
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| or certificate for
the purpose of rendering necessary |
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| optometric services for his or her
patients
confined to their |
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| homes, hospitals or institutions, or to act in an
advisory |
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| capacity, with or without remuneration, in any industry, school |
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| or
institution.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/8) (from Ch. 111, par. 3908)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 8. Permitted activities. This Act does not prohibit:
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LRB094 16641 RAS 51909 b |
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| (1) Any person licensed in this State under any other Act |
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| from
engaging
in the practice for which he or she is licensed.
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| (2) The practice of optometry by a person who is employed |
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| by the
United
States government or any bureau, division or |
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| agency thereof while in the
discharge of the employee's |
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| official duties.
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| (3) The practice of optometry that is included in
their |
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| program
of study
by students enrolled in schools of optometry |
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| or in continuing education
refresher courses
approved by the |
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| Department.
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| (4) Persons, firms, and corporations who manufacture or |
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| deal in
eye
glasses or spectacles in a store, shop, or other |
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| permanently established
place of business, and who neither |
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| practice nor attempt to practice
optometry from engaging the |
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| services of one or more licensed optometrists,
nor prohibit any |
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| such licensed optometrist when so engaged, to practice
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| optometry as defined in Section 3 of this Act, when the person, |
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| or firm, or
corporation so conducts his or her or its business |
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| in a permanently
established
place and in such manner that his |
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| or her or its activities, in any
department in
which such |
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| optometrist is engaged, insofar as the practice of optometry is
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| concerned, are in keeping with the limitations imposed upon |
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| individual
practitioners of optometry by subparagraphs
17, 23, |
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| 26, 27, 28, 29, and 30 of Section 24 of this Act; provided, |
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| that
such licensed optometrist or optometrists shall not be
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| exempt, by reason
of such relationship, from compliance with |
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| the provisions of this Act as
prescribed for individual |
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| practitioners of optometry.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 80/9) (from Ch. 111, par. 3909)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 9. Definitions. In this Act:
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| (1) "Department" means the Department of Financial and
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| Professional
Regulation.
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| (2) " Secretary
Director " means the Secretary
Director
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LRB094 16641 RAS 51909 b |
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| of Financial and Professional Regulation.
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| (3) "Board" means the Illinois Optometric
Licensing |
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| and
Disciplinary
Board appointed by the Secretary
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| Director .
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| (4) "License" means the document issued by the |
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| Department
authorizing the
person named thereon to |
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| practice optometry.
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| (5) (Blank).
"Certificate" means the document issued |
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| by the Department
authorizing
the person named thereon as a |
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| certified optometrist qualified to use
diagnostic topical |
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| ocular pharmaceutical agents or therapeutic
ocular |
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| pharmaceutical agents.
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| (6) "Direct supervision" means supervision of any |
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| person
assisting
an
optometrist, requiring that the |
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| optometrist authorize the procedure, remain
in the |
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| facility while the procedure is performed, approve the work
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| performed by the person assisting before dismissal of the |
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| patient, but does
not mean that the optometrist must be |
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| present with the patient, during the
procedure.
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| (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)
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| (225 ILCS 80/10) (from Ch. 111, par. 3910)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 10. Powers and duties of Department; rules; report. |
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| The Department
shall exercise the powers and duties
prescribed |
25 |
| by the Civil Administrative Code of Illinois for the
|
26 |
| administration of Licensing Acts and shall exercise such other |
27 |
| powers and
duties necessary for effectuating the purpose of |
28 |
| this Act.
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| The Secretary
Director shall promulgate Rules consistent |
30 |
| with the provisions of
this Act, for the administration and |
31 |
| enforcement thereof and may prescribe
forms that shall be |
32 |
| issued in connection therewith. The rules
shall
include |
33 |
| standards and criteria for licensure and certification, and
|
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| professional conduct and discipline.
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| The Department shall consult with the Board in promulgating
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LRB094 16641 RAS 51909 b |
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| rules.
Notice of proposed rulemaking shall be transmitted to |
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| the Board and the
Department shall review the Board's responses |
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| and any
recommendations
made therein. The Department shall |
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| notify the Board in
writing with
explanations of deviations |
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| from the Board's recommendations
and
responses. The Department |
6 |
| may solicit the advice of the Board on any
matter relating to |
7 |
| the administration and enforcement of this Act.
|
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| (Source: P.A. 89-702, eff. 7-1-97.)
|
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| (225 ILCS 80/11) (from Ch. 111, par. 3911)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 11. Optometric Licensing and Disciplinary Board. The |
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| Secretary
Director shall
appoint an Illinois Optometric |
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| Licensing
and Disciplinary Board as follows: Seven persons who |
14 |
| shall be
appointed
by and shall serve in an advisory capacity |
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| to the Secretary
Director . Five members
must be lawfully and |
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| actively engaged in the practice of optometry in this
State, |
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| one member shall be a licensed optometrist who is
a member , |
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| with a full-time faculty appointment with the
Illinois College |
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| of
Optometry, and one member must be a member of the public who |
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| shall be a
voting member and is not licensed under this Act, or |
21 |
| a
similar Act of
another jurisdiction, or have any connection |
22 |
| with the profession. Neither
the public member nor the faculty |
23 |
| member shall participate in the
preparation or administration |
24 |
| of the examination of applicants for
licensure or |
25 |
| certification.
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| Members shall serve 4-year terms and until their successors
|
27 |
| are appointed
and qualified. No member shall be appointed to
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| the Board for more than 2 successive 4-year terms, not counting |
29 |
| any partial
terms when appointed to fill the unexpired portion |
30 |
| of a vacated term. Appointments to
fill
vacancies shall be made |
31 |
| in the same manner as original appointments, for
the unexpired |
32 |
| portion of the vacated term. Initial terms shall begin upon
the |
33 |
| effective date of this Act. Board members in office on
that |
34 |
| date
may be appointed to specific terms as indicated herein.
|
35 |
| The Board shall annually elect a chairperson and a
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| vice-chairperson, both of whom shall be licensed optometrists.
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| The membership of the Board should reasonably reflect
|
3 |
| representation
from the geographic areas in this State.
|
4 |
| A majority of the Board members currently appointed shall |
5 |
| constitute a
quorum. A vacancy in the membership of the Board |
6 |
| shall not impair the right of
a quorum to perform all of the |
7 |
| duties of the Board.
|
8 |
| The Secretary
Director may terminate the appointment of any |
9 |
| member for cause.
|
10 |
| The Secretary
Director shall give due consideration to all |
11 |
| recommendations of the
Board, and in the event that the |
12 |
| Secretary
Director disagrees with or
takes
action contrary to |
13 |
| the recommendation of the Board, he or
she shall provide
the |
14 |
| Board with a written and specific explanation of this
action. |
15 |
| None
of the functions, powers or duties of the Department with |
16 |
| respect to
policy matters relating to licensure, discipline, |
17 |
| and examination,
including the promulgation of such rules as |
18 |
| may
be necessary for the administration of this Act, shall be |
19 |
| exercised by the
Department except upon review of the Board.
|
20 |
| Without, in any manner, limiting the power of the |
21 |
| Department to conduct
investigations, the Board may recommend |
22 |
| to the Secretary
Director that
one or more
licensed |
23 |
| optometrists be selected by the Secretary
Director to conduct |
24 |
| or assist in any
investigation pursuant to this Act. Such |
25 |
| licensed optometrist may receive
remuneration as determined by |
26 |
| the Secretary
Director .
|
27 |
| (Source: P.A. 91-141, eff. 7-16-99.)
|
28 |
| (225 ILCS 80/11.5 new) |
29 |
| (Section scheduled to be repealed on January 1, 2017) |
30 |
| Sec. 11.5. Optometric coordinator. The Secretary shall, |
31 |
| upon consultation with the Board and with consideration of |
32 |
| credentials and experience commensurate with the requirements |
33 |
| of the position, select an optometric coordinator who shall not |
34 |
| be a member of the Board. The optometric coordinator shall be |
35 |
| an optometrist licensed to practice in Illinois and shall be |
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SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
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| employed by the Department contractually or in conformance with |
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| the Personnel Code. The optometric coordinator shall be the |
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| chief enforcement officer of this Act.
|
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| (225 ILCS 80/12) (from Ch. 111, par. 3912)
|
5 |
| (Section scheduled to be repealed on January 1, 2007)
|
6 |
| Sec. 12. Applications for licenses and certificates . |
7 |
| Applications for
original licenses and certificates shall be
|
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| made to the Department in writing or electronically on forms |
9 |
| prescribed by the Department and
shall be accompanied by the |
10 |
| required fee, which shall not be refundable.
Any such |
11 |
| application shall require such information as in the judgment |
12 |
| of
the Department will enable the Department to pass on the |
13 |
| qualifications of
the applicant for a license or certificate .
|
14 |
| An applicant for initial licensure in
Illinois
shall apply |
15 |
| for and be qualified
to
receive and shall maintain |
16 |
| certification to use diagnostic and
therapeutic ocular |
17 |
| pharmaceuticals.
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| Applicants have 3 years from the date of application to |
19 |
| complete the
application process. If the process has not been |
20 |
| completed within 3 years, the
application shall be denied, the |
21 |
| application fees shall be forfeited, and the
applicant must |
22 |
| reapply and meet the requirements in effect at the time of
|
23 |
| reapplication.
|
24 |
| Applicants who meet all other conditions for licensure and |
25 |
| who will be
practicing
optometry in a residency program |
26 |
| approved by the Board may apply for and
receive a
limited one |
27 |
| year license to practice optometry as a resident in the |
28 |
| program. The holder of a valid one-year residency license may |
29 |
| perform those acts prescribed by and incidental to the |
30 |
| residency license holder's program of residency training, with |
31 |
| the same privileges and responsibilities as a fully licensed |
32 |
| optometrist, but may not otherwise engage in the practice of |
33 |
| optometry in this State, unless fully licensed under this Act.
|
34 |
| A
licensee
who receives a limited license under this Section |
35 |
| shall have the same
privileges and
responsibilities as a
|
|
|
|
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LRB094 16641 RAS 51909 b |
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|
1 |
| therapeutically certified licensee. |
2 |
| The Department may revoke a one-year residency license upon |
3 |
| proof that the residency license holder has engaged in the |
4 |
| practice of optometry in this State outside of his or her |
5 |
| residency program or if the residency license holder fails to |
6 |
| supply the Department, within 10 days after its request, with |
7 |
| information concerning his or her current status and activities |
8 |
| in the residency program.
|
9 |
| (Source: P.A. 91-141, eff. 7-16-99; 92-451, eff. 8-21-01.)
|
10 |
| (225 ILCS 80/13) (from Ch. 111, par. 3913)
|
11 |
| (Section scheduled to be repealed on January 1, 2007)
|
12 |
| Sec. 13. Examination of applicants. The Department shall |
13 |
| promulgate
rules establishing examination requirements for
|
14 |
| applicants as
optometrists. The examination
shall accurately |
15 |
| evaluate the applicant's ability to perform to the minimum |
16 |
| standards of the practice of optometry
of applicants shall be |
17 |
| of a character to give a fair test of the
qualifications of the |
18 |
| applicant to practice optometry .
|
19 |
| Applicants for examination shall be required to pay, either |
20 |
| to the
Department or the designated testing service, a fee |
21 |
| covering the cost of
providing the examination. Failure to |
22 |
| appear for the examination on the
scheduled date, at the time |
23 |
| and place specified, after the applicant's
application for |
24 |
| examination has been received and acknowledged by the
|
25 |
| Department or the designated testing service, shall result in |
26 |
| the
forfeiture of the examination fee.
|
27 |
| The Department may employ consultants for the purpose of |
28 |
| preparing and
conducting examinations.
|
29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
30 |
| (225 ILCS 80/14) (from Ch. 111, par. 3914)
|
31 |
| (Section scheduled to be repealed on January 1, 2007)
|
32 |
| Sec. 14. A person shall be qualified for initial licensure |
33 |
| as an optometrist
if that person has applied in writing in form |
34 |
| and substance satisfactory to
the Department and who:
|
|
|
|
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LRB094 16641 RAS 51909 b |
|
|
1 |
| (1) has not been convicted of any of the provisions of |
2 |
| Section 24 of
this Act which would be grounds for discipline |
3 |
| under this Act;
|
4 |
| (2) has graduated , after January 1, 1994, from a program of |
5 |
| optometry education approved by the
Department or has |
6 |
| graduated, prior to January 1, 1994, and has met substantially |
7 |
| equivalent criteria established by the Department ;
|
8 |
| (3) (blank); and
|
9 |
| (4) has met all examination requirements including the |
10 |
| passage of a
nationally recognized examination authorized by |
11 |
| the Department. Each
applicant shall be tested on theoretical |
12 |
| knowledge and clinical practice
skills.
|
13 |
| (Source: P.A. 89-387, eff. 8-20-95.)
|
14 |
| (225 ILCS 80/15.1)
|
15 |
| (Section scheduled to be repealed on January 1, 2007)
|
16 |
| Sec. 15.1. Diagnostic and therapeutic authority
|
17 |
| certification .
|
18 |
| (a) For purposes of the Act, "ocular pharmaceutical
agents" |
19 |
| means topical anesthetics, topical mydriatics, topical |
20 |
| cycloplegics, topical miotics, topical anti-infective agents,
|
21 |
| topical anti-allergy agents,
topical
anti-glaucoma agents, |
22 |
| topical anti-inflammatory agents, topical
anesthetic
agents, |
23 |
| over-the-counter agents, non-narcotic oral analgesic
agents,
|
24 |
| and mydriatic reversing
agents when used for diagnostic or |
25 |
| therapeutic purposes. |
26 |
| (b) A licensed optometrist may remove superficial foreign |
27 |
| bodies from the human eye and adnexa and may give orders for |
28 |
| patient care to a nurse licensed to practice under Illinois |
29 |
| law. |
30 |
|
(c) An optometrist's license shall be revoked or suspended |
31 |
| by the Department
upon recommendation of the Board based upon |
32 |
| either of the
following causes: |
33 |
| (1) grave or repeated misuse of any ocular
|
34 |
| pharmaceutical agent; and |
35 |
| (2) the use of any agent or procedure in the course of |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| optometric practice
by an optometrist not properly |
2 |
| authorized under this Act. |
3 |
| (d) The Secretary of Financial and Professional Regulation |
4 |
| shall notify
the Director of Public Health as to the categories |
5 |
| of ocular
pharmaceutical agents permitted for use by an |
6 |
| optometrist. The Director of Public Health shall in turn
notify |
7 |
| every licensed pharmacist in the State of the categories of |
8 |
| ocular
pharmaceutical agents that can be utilized and |
9 |
| prescribed by an optometrist.
Any licensed optometrist may |
10 |
| apply to the Department, in the form the
Department may |
11 |
| prescribe, for a certificate to use diagnostic topical ocular
|
12 |
| pharmaceutical agents and the Department shall certify the
|
13 |
| applicant if:
|
14 |
| (1) the applicant has received appropriate training |
15 |
| and certification from
a properly accredited institution |
16 |
| of higher learning for the certificate; and
|
17 |
| (2) the applicant has demonstrated training and |
18 |
| competence to use
diagnostic topical ocular pharmaceutical |
19 |
| agents as required by the
Board pursuant to rule or |
20 |
| regulation approved by the
Board and adopted
by the |
21 |
| Department.
|
22 |
| A certificate to use topical ocular pharmaceutical agents |
23 |
| for diagnostic
purposes previously issued
by the Department |
24 |
| that is current and valid on the effective date of this
|
25 |
| amendatory Act of 1995 is valid until its expiration date and |
26 |
| entitles the
holder of the certificate to use diagnostic |
27 |
| topical ocular pharmaceutical
agents as provided in this Act.
|
28 |
| (b) Any licensed optometrist may apply to the Department, |
29 |
| in the form the
Department may prescribe, for a certificate to |
30 |
| use therapeutic ocular
pharmaceutical agents and the |
31 |
| Department shall certify the applicant if:
|
32 |
| (1) the applicant has received a certificate to use |
33 |
| diagnostic topical
ocular pharmaceutical agents under |
34 |
| subsection (a);
|
35 |
| (2) the applicant has received appropriate training |
36 |
| and certification from
a properly accredited institution |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| of higher learning for the certificate; and
|
2 |
| (3) the applicant has demonstrated training and |
3 |
| competence to use
therapeutic ocular pharmaceutical agents |
4 |
| as required by the Board pursuant
to rule or regulation |
5 |
| approved by the Board and adopted by
the Department.
|
6 |
| All applicants for license renewal after January 1, 2006 |
7 |
| must apply for and
maintain certification to use therapeutic |
8 |
| ocular pharmaceutical agents.
|
9 |
| (c) For purposes of the Act, "diagnostic topical ocular |
10 |
| pharmaceutical
agents" means anesthetics, mydriatics, |
11 |
| cycloplegics, and miotics used for
diagnostic purposes as |
12 |
| defined by the Board pursuant to rule
approved
by the Board and |
13 |
| adopted by the Department.
|
14 |
| (d) For the purposes of the Act, "therapeutic ocular |
15 |
| pharmaceutical agents"
means the following when used for |
16 |
| diagnostic or therapeutic purposes:
topical
anti-infective |
17 |
| agents,
topical anti-allergy agents,
topical
anti-glaucoma |
18 |
| agents, topical anti-inflammatory agents, topical
anesthetic
|
19 |
| agents, over the counter agents, non-narcotic oral analgesic
|
20 |
| agents,
and mydriatic reversing
agents.
|
21 |
| (e) A licensed optometrist who is therapeutically |
22 |
| certified may remove
superficial foreign bodies from the human |
23 |
| eye and adnexa.
|
24 |
| (e-5) A licensed optometrist who is therapeutically
|
25 |
| certified may give orders for patient care related to the use |
26 |
| of
therapeutic ocular pharmaceutical agents to a nurse licensed |
27 |
| to practice under
Illinois law.
|
28 |
| (f) An optometrist's certificate to use diagnostic topical |
29 |
| ocular
pharmaceutical agents shall be revoked or suspended by |
30 |
| the Department upon
recommendation of the Board based on the |
31 |
| misuse of any
diagnostic topical
ocular pharmaceutical agent.
|
32 |
| (g) An optometrist's certificate to use therapeutic ocular
|
33 |
| pharmaceutical agents shall be revoked or suspended by
the |
34 |
| Department upon recommendation of the Board based on the
misuse |
35 |
| of any
therapeutic ocular pharmaceutical agent.
|
36 |
| (h) An optometrist's license shall be revoked or suspended |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| by the Department
upon recommendation of the Board based upon |
2 |
| either of the
following causes:
|
3 |
| ( 1) grave or repeated misuse of any diagnostic or |
4 |
| therapeutic ocular
pharmaceutical agent; and
|
5 |
| (2) the use of any agent or procedure in the course of |
6 |
| optometric practice
by an optometrist not properly |
7 |
| certified under this Section.
|
8 |
| (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, |
9 |
| 26.11, 26.14, and
26.15 of this Act shall apply to all |
10 |
| disciplinary proceedings brought under
this Section.
|
11 |
| (j) The Director may temporarily suspend a certificate to |
12 |
| use diagnostic
topical ocular pharmaceuticals or a certificate |
13 |
| to use
therapeutic ocular pharmaceuticals or a license to |
14 |
| practice optometry, without
a hearing, simultaneously with the |
15 |
| institution of proceedings for a hearing
based upon a violation |
16 |
| of subsection (f), (g), or (h) of this Section, if the
Director |
17 |
| finds that evidence in his or her possession indicates that the
|
18 |
| continued use of diagnostic topical ocular pharmaceuticals, or
|
19 |
| therapeutic ocular pharmaceuticals, or continued practice of |
20 |
| optometry would
constitute an immediate danger to the public. |
21 |
| In the event that the Director
temporarily suspends a |
22 |
| certificate to use diagnostic topical ocular
pharmaceuticals, |
23 |
| therapeutic ocular pharmaceuticals, or a
license to practice |
24 |
| optometry without a hearing, a hearing by the Board
shall be |
25 |
| commenced within 15 days after suspension has occurred, and |
26 |
| concluded
without appreciable delay.
|
27 |
| (k) The Director of the Department of Professional |
28 |
| Regulation shall notify
the Director of the Department of |
29 |
| Public Health as to the categories of ocular
pharmaceutical |
30 |
| agents permitted for use by an optometrist. The Director of the
|
31 |
| Department of Public Health shall in turn
notify every licensed |
32 |
| pharmacist in the State of the categories of ocular
|
33 |
| pharmaceutical agents that can be utilized and prescribed by an |
34 |
| optometrist.
|
35 |
| (l) Nothing in this Act prohibits the use of diagnostic
|
36 |
| topical ocular pharmaceutical agents or therapeutic ocular |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| pharmaceutical
agents
in the practice of optometry by |
2 |
| optometrists certified for such use under this
Section.
|
3 |
| (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
|
4 |
| (225 ILCS 80/15.2 new) |
5 |
| (Section scheduled to be repealed on January 1, 2007) |
6 |
| Sec. 15.2. Limited optometry license. Any licensed |
7 |
| optometrist who (i) was originally licensed under a predecessor |
8 |
| Act prior to 1965 and (ii) was not certified to use therapeutic |
9 |
| ocular pharmaceutical agents as of January 1, 2006, shall, upon |
10 |
| application and payment of a non-prorated fee of $200, be |
11 |
| issued a limited optometry license by the Department to |
12 |
| practice optometry until January 1, 2007, as provided for in |
13 |
| this Section. |
14 |
| A limited optometry licensee may not diagnose or treat eye |
15 |
| disease, remove foreign bodies from the eye, or use or |
16 |
| prescribe pharmaceutical agents, but shall have all other |
17 |
| rights and responsibilities of a licensee under this Act. |
18 |
| This Section is repealed on January 1, 2007.
|
19 |
| (225 ILCS 80/16) (from Ch. 111, par. 3916)
|
20 |
| (Section scheduled to be repealed on January 1, 2007)
|
21 |
| Sec. 16. Renewal, reinstatement or restoration of |
22 |
| licenses; military
service. The expiration date and renewal |
23 |
| period for each license and
certificate issued under this Act |
24 |
| shall be set by rule.
|
25 |
| All renewal applicants shall provide proof of having met |
26 |
| the requirements
of continuing education set forth in the rules |
27 |
| of the Department. The
Department shall, by rule, provide for |
28 |
| an orderly process for the
reinstatement of licenses which have |
29 |
| not been renewed due to failure to
meet the continuing |
30 |
| education requirements. The continuing education
requirement |
31 |
| may be waived for such good cause, including but not limited to
|
32 |
| illness or hardship, as defined by rules
of the Department.
|
33 |
| The Department shall establish by rule a means for the |
34 |
| verification of
completion of the continuing education |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| required by this Section. This
verification may be accomplished |
2 |
| through audits of records maintained by
registrants; by |
3 |
| requiring the filing of continuing education certificates
with |
4 |
| the Department; or by other means established by the |
5 |
| Department.
|
6 |
| Any optometrist who has permitted his or her license to |
7 |
| expire or who has
had his or her license on inactive status may |
8 |
| have his or her license restored
by making application to the |
9 |
| Department and filing proof acceptable to the
Department of his |
10 |
| or her fitness to have his or her license restored and by
|
11 |
| paying the required fees. Such proof of fitness may include |
12 |
| evidence
certifying to active lawful practice in another |
13 |
| jurisdiction and must include
proof of the completion of the |
14 |
| continuing education requirements specified in
the rules for |
15 |
| the preceding license renewal period for the applicant's level
|
16 |
| of certification that has been completed during the 2 years |
17 |
| prior to the
application for license restoration.
|
18 |
| The Department shall determine, by an evaluation program |
19 |
| established by
rule, his or her fitness for restoration of his |
20 |
| or her license and
shall establish procedures and requirements |
21 |
| for such restoration.
|
22 |
| However, any optometrist whose license expired while he or |
23 |
| she was (1) in
Federal Service on active duty with the Armed |
24 |
| Forces of the United States,
or the State Militia called into |
25 |
| service or training, or (2) in training or
education under the |
26 |
| supervision of the United States preliminary to
induction into |
27 |
| the military service, may have his or her license restored
|
28 |
| without paying any lapsed renewal fees if within 2 years after |
29 |
| honorable
termination of such service, training, or education, |
30 |
| he or she furnishes
the Department with satisfactory evidence |
31 |
| to the effect that he or she has
been so engaged and that his or |
32 |
| her service, training, or education has been
so terminated. |
33 |
| All licenses without "Therapeutic Certification" on March |
34 |
| 31, 2006 shall be placed on non-renewed status and may only be |
35 |
| renewed after the licensee meets those requirements |
36 |
| established by the Department that may not be waived.
|
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| (Source: P.A. 92-451, eff. 8-21-01; 92-750, eff. 1-1-03.)
|
2 |
| (225 ILCS 80/17) (from Ch. 111, par. 3917)
|
3 |
| (Section scheduled to be repealed on January 1, 2007)
|
4 |
| Sec. 17. Inactive status. Any optometrist who notifies the |
5 |
| Department in
writing on
forms prescribed by the Department, |
6 |
| may elect to place his or her license
on an
inactive status and |
7 |
| shall be excused from payment of renewal fees until he or
she
|
8 |
| notifies the Department in writing of his intent to restore his |
9 |
| or her
license.
|
10 |
| Any optometrist requesting restoration from inactive |
11 |
| status shall be
required to pay the current renewal fee,
to |
12 |
| provide proof of completion of the continuing education |
13 |
| requirements
specified in the rules for the preceding license |
14 |
| renewal period for the
applicant's level
of certification that |
15 |
| has been completed during the
2 years prior to the application |
16 |
| for
restoration,
and to restore
his or her license
as provided |
17 |
| by rule of the Department. All licenses without "Therapeutic |
18 |
| Certification" that are on inactive status as of March 31, 2006 |
19 |
| shall be placed on non-renewed status and may only be restored |
20 |
| after the licensee meets those requirements established by the |
21 |
| Department that may not be waived.
|
22 |
| Any optometrist whose license is in an inactive status |
23 |
| shall not practice
optometry in the State of Illinois.
|
24 |
| Any licensee who shall practice while his or her license is |
25 |
| lapsed or on
inactive status shall be considered to be |
26 |
| practicing without a license
which shall be grounds for |
27 |
| discipline under Section 24 subsection (a) of this
Act.
|
28 |
| (Source: P.A. 92-451, eff. 8-21-01.)
|
29 |
| (225 ILCS 80/19) (from Ch. 111, par. 3919)
|
30 |
| (Section scheduled to be repealed on January 1, 2007)
|
31 |
| Sec. 19. Fees. The Department shall provide by rule, for a |
32 |
| schedule of
fees to be paid for licenses or certificates of |
33 |
| registration by all
applicants.
|
34 |
| The
(a) Except as provided in paragraph (b) below, the fees |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| for the
administration and enforcement of this Act, including |
2 |
| but not limited to,
original licensure and certification, |
3 |
| renewal and restoration, shall be set
by rule. The fees shall |
4 |
| not be refundable.
|
5 |
| (b) Applicants for examination shall be required to pay, |
6 |
| either to the
Department or the designated testing service, a |
7 |
| fee covering the cost of
initial screening to determine |
8 |
| eligibility and for providing the examination.
Failure to |
9 |
| appear for the examination on the scheduled date at the time |
10 |
| and
place specified, after the applicant's application for |
11 |
| examination has been
received and acknowledged by the |
12 |
| Department or the designated testing
service, shall result in |
13 |
| the forfeiture of the examination fee.
|
14 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
15 |
| (225 ILCS 80/20) (from Ch. 111, par. 3920)
|
16 |
| (Section scheduled to be repealed on January 1, 2007)
|
17 |
| Sec. 20. Fund. All moneys received by the Department |
18 |
| pursuant to this
Act
shall be deposited in the Optometric |
19 |
| Licensing and Disciplinary Board
Fund, which is hereby created |
20 |
| as a special fund in the State Treasury, and
shall be used for |
21 |
| the administration of this Act, including: (a) by
the Board in |
22 |
| the exercise of its powers and performance of
its duties,
as |
23 |
| such use is made by the Department with full consideration of |
24 |
| all
recommendations of the Board; (b) for
costs directly |
25 |
| related to license renewal of persons licensed under this Act;
|
26 |
| and (c) for direct and allocable indirect costs related to the
|
27 |
| public purposes
of the Department of Financial and Professional |
28 |
| Regulation.
Subject to appropriation, moneys in the Optometric |
29 |
| Licensing and
Disciplinary Board Fund may be used for
the
|
30 |
| Optometric Education Scholarship Program administered by the |
31 |
| Illinois Student
Assistance Commission pursuant to Section |
32 |
| 65.70 of the Higher Education Student
Assistance Act.
|
33 |
| Moneys in the Fund may be transferred to the Professions |
34 |
| Indirect Cost Fund
as authorized under Section 2105-300 of the |
35 |
| Department of
Professional Regulation Law (20 ILCS |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| 2105/2105-300).
|
2 |
| Money in the Optometric Licensing and Disciplinary Board
|
3 |
| Fund may be
invested and reinvested, with all earnings received |
4 |
| from such investment to
be deposited in the Optometric |
5 |
| Licensing and Disciplinary Board Fund
and used for the same |
6 |
| purposes as fees deposited in such fund.
|
7 |
| Any monies in the Optometric Examining and Disciplinary |
8 |
| Board Fund
on the effective date of this Act shall be |
9 |
| transferred to the Optometric
Licensing and Disciplinary Board |
10 |
| Fund.
|
11 |
| Any obligations of the Optometric Examining and |
12 |
| Disciplinary Board
Fund unpaid on the effective date of this |
13 |
| Act shall be paid from the
Optometric Licensing and |
14 |
| Disciplinary Board Fund.
|
15 |
| (Source: P.A. 91-239, eff. 1-1-00; 92-569, eff. 6-26-02.)
|
16 |
| (225 ILCS 80/21) (from Ch. 111, par. 3921)
|
17 |
| (Section scheduled to be repealed on January 1, 2007)
|
18 |
| Sec. 21. The Department shall maintain a roster of the |
19 |
| names and
addresses of all licensees and certificate holders
|
20 |
| and of all persons whose
licenses or certificates have been |
21 |
| suspended or revoked. This roster shall
be available upon |
22 |
| written request and payment of the required fee.
|
23 |
| (Source: P.A. 85-896.)
|
24 |
| (225 ILCS 80/23) (from Ch. 111, par. 3923)
|
25 |
| (Section scheduled to be repealed on January 1, 2007)
|
26 |
| Sec. 23. Practice by corporations. No license shall
be |
27 |
| issued by the Department to any corporation that (i) has a |
28 |
| stated
purpose that includes, or (ii)
practices or holds itself |
29 |
| out as available
to practice, optometry or any of the functions |
30 |
| described in Section 3 of
the
Act , unless it is organized under |
31 |
| the
Professional Service Corporation Act .
|
32 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
33 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
|
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2007)
|
2 |
| Sec. 24. Grounds for disciplinary action.
|
3 |
| (a) The Department may refuse to issue or to renew, or may
|
4 |
| revoke, suspend, place on probation, reprimand or take other
|
5 |
| disciplinary action as the Department may deem proper, |
6 |
| including fines not
to exceed $10,000
$5,000 for each |
7 |
| violation, with regard to any license or
certificate for any |
8 |
| one or combination of the following causes:
|
9 |
| (1) Violations of this Act, or of the rules promulgated
|
10 |
| hereunder.
|
11 |
| (2) Conviction of or entry of a plea of guilty to any |
12 |
| crime under the laws of any U.S. jurisdiction
thereof that |
13 |
| is a felony or that is a misdemeanor of which an essential |
14 |
| element
is dishonesty, or of any crime that is directly |
15 |
| related to the practice of the
profession.
|
16 |
| (3) Making any misrepresentation for the purpose of |
17 |
| obtaining a
license or certificate .
|
18 |
| (4) Professional incompetence or gross negligence in |
19 |
| the
practice of optometry.
|
20 |
| (5) Gross malpractice, prima facie evidence
of which |
21 |
| may be a conviction or judgment of
malpractice in any court |
22 |
| of competent jurisdiction.
|
23 |
| (6) Aiding or assisting another person in violating any
|
24 |
| provision of this Act or rules.
|
25 |
| (7) Failing, within 60 days, to provide information in |
26 |
| response
to a
written request made by the Department that |
27 |
| has been sent by
certified or
registered mail to the |
28 |
| licensee's last known address.
|
29 |
| (8) Engaging in dishonorable, unethical, or |
30 |
| unprofessional
conduct of a
character likely to deceive, |
31 |
| defraud, or harm the public.
|
32 |
| (9) Habitual or excessive use or addiction to alcohol,
|
33 |
| narcotics,
stimulants or any other chemical agent or drug |
34 |
| that results in
the
inability to practice with reasonable |
35 |
| judgment, skill, or safety.
|
36 |
| (10) Discipline by another U.S. jurisdiction or |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| foreign
nation, if at
least one of the grounds for the |
2 |
| discipline is the same or substantially
equivalent to those |
3 |
| set forth herein.
|
4 |
| (11) Directly or indirectly giving to or receiving from |
5 |
| any
person, firm,
corporation, partnership, or association |
6 |
| any fee, commission, rebate, or
other form of compensation |
7 |
| for any professional services not actually or
personally |
8 |
| rendered. This shall not be deemed to include (i) rent or |
9 |
| other
remunerations paid to an individual, partnership, or |
10 |
| corporation by an
optometrist for the lease, rental, or use |
11 |
| of space, owned or controlled, by
the individual, |
12 |
| partnership, corporation or association, and (ii) the
|
13 |
| division of fees between an optometrist and related |
14 |
| professional service
providers with whom the optometrist |
15 |
| practices in a
professional corporation organized under |
16 |
| Section 3.6 of the Professional
Service Corporation Act.
|
17 |
| (12) A finding by the Department that the licensee, |
18 |
| after
having his or
her
license placed on probationary |
19 |
| status has violated the terms of
probation.
|
20 |
| (13) Abandonment of a patient.
|
21 |
| (14) Willfully making or filing false records or |
22 |
| reports in
his or her
practice,
including but not limited |
23 |
| to false records filed with State agencies or
departments.
|
24 |
| (15) Willfully failing to report an instance of |
25 |
| suspected
child abuse or
neglect as required by the Abused |
26 |
| and Neglected Child Reporting Act.
|
27 |
| (16) Physical illness, including but not limited to,
|
28 |
| deterioration
through the aging process, or loss of motor |
29 |
| skill, mental illness, or
disability that results in the
|
30 |
| inability to practice the profession with reasonable |
31 |
| judgment, skill,
or safety.
|
32 |
| (17) Solicitation of professional services other than
|
33 |
| permitted
advertising.
|
34 |
| (18) Failure to provide a patient with a copy of his or
|
35 |
| her record or
prescription in accordance with federal law
|
36 |
| upon the written request of the patient .
|
|
|
|
SB2469 Enrolled |
- 24 - |
LRB094 16641 RAS 51909 b |
|
|
1 |
| (19) Conviction by any court of competent |
2 |
| jurisdiction, either
within or
without this State, of any |
3 |
| violation of any law governing the practice of
optometry, |
4 |
| conviction in this or another State of any crime that
is a
|
5 |
| felony under the laws of this State or conviction of a |
6 |
| felony in a federal
court, if the Department determines, |
7 |
| after investigation, that such person
has not been |
8 |
| sufficiently rehabilitated to warrant the public trust.
|
9 |
| (20) A finding that licensure has been applied for or |
10 |
| obtained
by
fraudulent means.
|
11 |
| (21) Continued practice by a person knowingly having an
|
12 |
| infectious
or contagious
disease.
|
13 |
| (22) Being named as a perpetrator in an indicated |
14 |
| report by
the
Department of Children and Family Services |
15 |
| under the Abused and
Neglected Child Reporting Act, and |
16 |
| upon proof by clear and
convincing evidence that the |
17 |
| licensee has caused a child to be an abused
child or a |
18 |
| neglected child as defined in the Abused and Neglected |
19 |
| Child
Reporting Act.
|
20 |
| (23) Practicing or attempting to practice under a name |
21 |
| other
than the
full name as shown on his or her license.
|
22 |
| (24) Immoral conduct in the commission of any act, such |
23 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, |
24 |
| related to the licensee's
practice.
|
25 |
| (25) Maintaining a professional relationship with any |
26 |
| person,
firm, or
corporation when the optometrist knows, or |
27 |
| should know, that such person,
firm, or corporation is |
28 |
| violating this Act.
|
29 |
| (26) Promotion of the sale of drugs, devices, |
30 |
| appliances or
goods
provided for a client or patient in |
31 |
| such manner as to exploit the patient
or client for |
32 |
| financial gain of the licensee.
|
33 |
| (27) Using the title "Doctor" or its abbreviation |
34 |
| without
further
qualifying that title or abbreviation with |
35 |
| the word "optometry" or
"optometrist".
|
36 |
| (28) Use by a licensed optometrist of the
word
|
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| "infirmary",
"hospital", "school", "university", in |
2 |
| English or any other
language, in connection with the place |
3 |
| where optometry may be practiced or
demonstrated.
|
4 |
| (29) Continuance of an optometrist in the employ of any
|
5 |
| person, firm or
corporation, or as an assistant to any |
6 |
| optometrist or optometrists,
directly or indirectly, after |
7 |
| his or her employer or superior has been
found
guilty of |
8 |
| violating or has been enjoined from violating the laws of |
9 |
| the
State of Illinois relating to the practice of |
10 |
| optometry, when the employer
or superior persists in that |
11 |
| violation.
|
12 |
| (30) The performance of optometric service in |
13 |
| conjunction with
a scheme
or plan with another person, firm |
14 |
| or corporation known to be advertising in
a manner contrary |
15 |
| to this Act or otherwise violating the laws of the State of
|
16 |
| Illinois concerning the practice of optometry.
|
17 |
| (31) Failure to provide satisfactory proof of having
|
18 |
| participated in
approved continuing education programs as |
19 |
| determined by the Board and
approved by the Secretary
|
20 |
| Director . Exceptions for extreme hardships are to be
|
21 |
| defined by the rules of the Department.
|
22 |
| (32) Willfully making or filing false records or |
23 |
| reports in
the practice
of optometry, including, but not |
24 |
| limited to false records to support claims
against the |
25 |
| medical assistance program of the Department of Healthcare |
26 |
| and Family Services (formerly Department of Public Aid )
|
27 |
| under the Illinois Public Aid Code.
|
28 |
| (33) Gross and willful overcharging for professional |
29 |
| services
including
filing false statements for collection |
30 |
| of fees for which services are not
rendered, including, but |
31 |
| not limited to filing false statements for
collection of |
32 |
| monies for services not rendered from the medical |
33 |
| assistance
program of the Department of Healthcare and |
34 |
| Family Services (formerly Department of Public Aid ) under |
35 |
| the Illinois Public Aid
Code.
|
36 |
| (34) In the absence of good reasons to the contrary, |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| failure
to perform a
minimum eye examination as required by |
2 |
| the rules of the Department.
|
3 |
| (35) Violation of the Health Care Worker Self-Referral |
4 |
| Act.
|
5 |
| The Department may refuse to issue or may suspend the |
6 |
| license or
certificate of any person who fails to file a |
7 |
| return, or to pay the tax,
penalty or interest shown in a filed |
8 |
| return, or to pay any final assessment
of the tax, penalty or |
9 |
| interest, as required by any tax Act administered by
the |
10 |
| Illinois Department of Revenue, until such time as the |
11 |
| requirements of
any such tax Act are satisfied.
|
12 |
| (a-5) In enforcing this Section, the Board upon a showing |
13 |
| of a possible
violation, may compel any individual licensed to |
14 |
| practice under this Act, or
who has applied for licensure or |
15 |
| certification pursuant to this Act,
to submit to a
mental or |
16 |
| physical
examination, or both, as required by and at the |
17 |
| expense of the Department. The
examining physicians or clinical |
18 |
| psychologists shall be those specifically
designated by the |
19 |
| Board. The Board or the Department may order the examining
|
20 |
| physician or clinical psychologist to present testimony |
21 |
| concerning this mental
or physical examination of the licensee |
22 |
| or applicant. No information shall be
excluded by reason of any |
23 |
| common law or statutory privilege relating to
communications |
24 |
| between the licensee or applicant and the examining physician |
25 |
| or
clinical psychologist. Eye examinations may be provided by a |
26 |
| licensed
and certified therapeutic optometrist. The individual |
27 |
| to be examined may have,
at his or her own expense, another |
28 |
| physician of his or her choice present
during all aspects of |
29 |
| the examination. Failure of any individual to submit to
a |
30 |
| mental or physical examination, when directed, shall be grounds |
31 |
| for
suspension of a license until such time as the individual |
32 |
| submits to the
examination if the Board finds, after notice and |
33 |
| hearing, that the refusal to
submit to the examination was |
34 |
| without reasonable cause.
|
35 |
| If the Board finds an individual unable to practice because |
36 |
| of the reasons
set forth in this Section, the Board shall |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| require such individual to submit to
care, counseling, or |
2 |
| treatment by physicians or clinical psychologists approved
or |
3 |
| designated by the Board, as a condition, term, or restriction |
4 |
| for continued,
reinstated, or renewed licensure to practice, or |
5 |
| in lieu of care, counseling,
or treatment, the Board may |
6 |
| recommend to the Department to file a complaint to immediately |
7 |
| suspend, revoke, or otherwise discipline the
license of the |
8 |
| individual, or the Board may recommend to the Department to |
9 |
| file
a complaint to suspend, revoke, or otherwise discipline |
10 |
| the license of the
individual. Any individual whose license was |
11 |
| granted pursuant to this Act, or
continued, reinstated, |
12 |
| renewed, disciplined, or supervised, subject to such
|
13 |
| conditions, terms, or restrictions, who shall fail to comply |
14 |
| with such
conditions, terms, or restrictions, shall be referred |
15 |
| to the Secretary
Director for a
determination as to whether the |
16 |
| individual shall have his or her license
suspended immediately, |
17 |
| pending a hearing by the Board.
|
18 |
| (b) The determination by a circuit court that a licensee is |
19 |
| subject to
involuntary admission or judicial admission as |
20 |
| provided in the Mental
Health and Developmental Disabilities |
21 |
| Code operates as an
automatic suspension. The suspension will |
22 |
| end only upon a finding by a
court that the patient is no |
23 |
| longer subject to involuntary admission or
judicial admission |
24 |
| and issues an order so finding and discharging the
patient; and |
25 |
| upon the recommendation of the Board to the Secretary
Director
|
26 |
| that
the licensee be allowed to resume his or her practice.
|
27 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98; 90-655, |
28 |
| eff.
7-30-98; revised 12-15-05.)
|
29 |
| (225 ILCS 80/25) (from Ch. 111, par. 3925)
|
30 |
| (Section scheduled to be repealed on January 1, 2007)
|
31 |
| Sec. 25. Returned checks; fines. Any person who delivers a |
32 |
| check or other payment to the Department that
is returned to |
33 |
| the Department unpaid by the financial institution upon
which |
34 |
| it is drawn shall pay to the Department, in addition to the |
35 |
| amount
already owed to the Department, a fine of $50. The fines |
|
|
|
SB2469 Enrolled |
- 28 - |
LRB094 16641 RAS 51909 b |
|
|
1 |
| imposed by this Section are in addition
to any other discipline |
2 |
| provided under this Act for unlicensed
practice or practice on |
3 |
| a nonrenewed license. The Department shall notify
the person |
4 |
| that payment of fees and fines shall be paid to the Department
|
5 |
| by certified check or money order within 30 calendar days of |
6 |
| the
notification. If, after the expiration of 30 days from the |
7 |
| date of the
notification, the person has failed to submit the |
8 |
| necessary remittance, the
Department shall automatically |
9 |
| terminate the license or certificate or deny
the application, |
10 |
| without hearing. If, after termination or denial, the
person |
11 |
| seeks a license or certificate , he or she shall apply to the
|
12 |
| Department for restoration or issuance of the license or |
13 |
| certificate and
pay all fees and fines due to the Department. |
14 |
| The Department may establish
a fee for the processing of an |
15 |
| application for restoration of a license or
certificate to pay |
16 |
| all expenses of processing this application. The Secretary
|
17 |
| Director
may waive the fines due under this Section in |
18 |
| individual cases where the
Secretary
Director finds that the |
19 |
| fines would be unreasonable or unnecessarily
burdensome.
|
20 |
| (Source: P.A. 92-146, eff. 1-1-02.)
|
21 |
| (225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
|
22 |
| (Section scheduled to be repealed on January 1, 2007)
|
23 |
| Sec. 26.1. Injunctions; criminal offenses; cease and |
24 |
| desist orders.
|
25 |
| (a) If any person violates the provision of this Act, the
|
26 |
| Secretary
Director may, in the name of the People of the State |
27 |
| of Illinois, through
the Attorney General of the State of |
28 |
| Illinois, or the State's Attorney of
any county in which the |
29 |
| action is brought, petition for an order enjoining
such |
30 |
| violation or for an order enforcing compliance with this Act. |
31 |
| Upon
the filing of a verified petition in court, the court may |
32 |
| issue a temporary
restraining order, without notice or bond, |
33 |
| and may preliminarily and
permanently enjoin such violation, |
34 |
| and if it is established that such
person has violated or is |
35 |
| violating the injunction, the Court may punish
the offender for |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| contempt of court. Proceedings under this Section shall
be in |
2 |
| addition to, and not in lieu of, all other remedies and |
3 |
| penalties
provided by this Act.
|
4 |
| (b) If any person shall practice as an optometrist or hold |
5 |
| himself or
herself out as
an optometrist without being licensed |
6 |
| under the provisions of this Act
then any licensed optometrist, |
7 |
| any interested party or any person injured
thereby may, in |
8 |
| addition to the Secretary
Director , petition for relief as |
9 |
| provided
in subsection (a) of this Section.
|
10 |
| Whoever knowingly practices or offers to practice |
11 |
| optometry in this State
without being licensed for that purpose |
12 |
| shall be guilty of a Class A
misdemeanor and for each |
13 |
| subsequent conviction, shall be guilty of a Class
4 felony. |
14 |
| Notwithstanding any other provision of this Act, all
criminal |
15 |
| fines, monies, or other property collected or received by
the |
16 |
| Department under this Section or any other State or federal |
17 |
| statute,
including, but not limited to, property forfeited to |
18 |
| the Department under
Section 505 of the Illinois Controlled |
19 |
| Substances Act or Section 85 of the Methamphetamine Control and |
20 |
| Community Protection Act, shall be deposited
into the |
21 |
| Optometric Licensing and Disciplinary Board Fund
Professional |
22 |
| Regulation Evidence Fund .
|
23 |
| (c) Whenever in the opinion of the Department any person |
24 |
| violates any
provision of this Act, the Department may issue a |
25 |
| rule to show cause why an
order to cease and desist should not |
26 |
| be entered against him. The rule shall
clearly set forth the |
27 |
| grounds relied upon by the Department and shall
provide a |
28 |
| period of 7 days from the date of the rule to file an answer to
|
29 |
| the satisfaction of the Department. Failure to answer to the |
30 |
| satisfaction
of the Department shall cause an order to cease |
31 |
| and desist to be issued
forthwith.
|
32 |
| (Source: P.A. 94-556, eff. 9-11-05.)
|
33 |
| (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
|
34 |
| (Section scheduled to be repealed on January 1, 2007)
|
35 |
| Sec. 26.2. Investigation; notice. The Department may |
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| investigate the
actions of any applicant
or of any person or |
2 |
| persons holding or claiming to hold a license. The
Department |
3 |
| shall, before suspending, revoking, placing on probationary
|
4 |
| status, or taking any other disciplinary action as the |
5 |
| Department may deem
proper with regard to any license or |
6 |
| certificate , at least 30 days prior
to the date set for the |
7 |
| hearing, notify the accused in writing of any
charges made and |
8 |
| the time and place for a hearing of the charges before the
|
9 |
| Board, direct him or her to file his or her written
answer to |
10 |
| the Board
under
oath within 20 days after the service on him or |
11 |
| her of the notice and
inform him or her
that if he or she fails |
12 |
| to file an answer default will be taken against
him or her and
|
13 |
| his or her license or certificate may be suspended, revoked, |
14 |
| placed on
probationary status, or have other disciplinary |
15 |
| action, including limiting
the scope, nature or extent of his |
16 |
| or her practice, as the Department may
deem
proper taken with |
17 |
| regard thereto. Such written notice may be served by
personal |
18 |
| delivery or certified delivery or certified or registered mail |
19 |
| to
the Department.
In case the person fails to file an answer |
20 |
| after receiving notice, his or
her license or certificate may, |
21 |
| in the discretion of the Department, be
suspended, revoked, or |
22 |
| placed on probationary status, or the Department may
take |
23 |
| whatever disciplinary action deemed proper, including limiting |
24 |
| the
scope, nature, or extent of the person's practice or the |
25 |
| imposition of a
fine, without a hearing, if the act or acts |
26 |
| charged constitute sufficient
grounds for such action under |
27 |
| this Act.
At the time and place fixed in the notice, the |
28 |
| Department
shall proceed to hear the charges and the parties or |
29 |
| their counsel shall be
accorded ample opportunity to present |
30 |
| such statements, testimony, evidence
and argument as may be |
31 |
| pertinent to the charges or to their
defense.
The Department |
32 |
| may continue the hearing from time to time.
At the discretion |
33 |
| of the Secretary
Director after having first received the
|
34 |
| recommendation of the Board, the accused person's license may
|
35 |
| be suspended,
revoked, placed on probationary status, or |
36 |
| whatever disciplinary action as
the Secretary
Director may deem |
|
|
|
SB2469 Enrolled |
- 31 - |
LRB094 16641 RAS 51909 b |
|
|
1 |
| proper, including limiting the scope, nature,
or extent of
said |
2 |
| person's practice, without a hearing, if the act or acts |
3 |
| charged
constitute sufficient grounds for such action under |
4 |
| this Act.
|
5 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
6 |
| (225 ILCS 80/26.5) (from Ch. 111, par. 3926.5)
|
7 |
| (Section scheduled to be repealed on January 1, 2007)
|
8 |
| Sec. 26.5. Subpoena; oaths. The Department shall have power |
9 |
| to subpoena
and bring
before it any person in this State and to |
10 |
| take testimony either orally or
by deposition or both, with the |
11 |
| same fees and mileage and in the same
manner as prescribed by |
12 |
| law in judicial proceedings in civil cases in
circuit courts of |
13 |
| this State.
|
14 |
| The Secretary
Director , the hearing officer and any member |
15 |
| of the Board
designated by the Secretary
Director
shall each |
16 |
| have power to administer oaths to witnesses at any hearing |
17 |
| which
the Department is authorized to conduct under this Act, |
18 |
| and any other oaths
required or authorized to be administered |
19 |
| by the Department hereunder.
|
20 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
21 |
| (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
|
22 |
| (Section scheduled to be repealed on January 1, 2007)
|
23 |
| Sec. 26.6. Findings of fact, conclusions of law, and |
24 |
| recommendations.
At
the conclusion of the hearing the Board |
25 |
| shall
present to the Secretary
Director a written report of its |
26 |
| findings of fact,
conclusions of law and recommendations. The |
27 |
| report shall contain a finding
whether or not the accused |
28 |
| person violated this Act or failed to comply
with the |
29 |
| conditions required in this Act. The Board shall
specify the
|
30 |
| nature of the violation or failure to comply, and shall make |
31 |
| its
recommendations to the Secretary
Director .
|
32 |
| The report of findings of fact, conclusions of law and |
33 |
| recommendations of
the Board shall be the basis for the |
34 |
| Department's order.
If the Secretary
Director disagrees in any
|
|
|
|
SB2469 Enrolled |
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LRB094 16641 RAS 51909 b |
|
|
1 |
| regard with the report of the Board, the Secretary
Director may |
2 |
| issue
an order in
contravention thereof. The Secretary
Director
|
3 |
| shall provide within 60 days of taking
such action a written |
4 |
| report to the
Board on any such deviation, and shall specify |
5 |
| with
particularity the
reasons for said action in the final |
6 |
| order. The finding is not admissible
in evidence against the |
7 |
| person in a criminal prosecution brought for the
violation of |
8 |
| this Act, but the hearing and findings are not a bar to a
|
9 |
| criminal prosecution brought for the violation of this Act.
|
10 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
11 |
| (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
|
12 |
| (Section scheduled to be repealed on January 1, 2007)
|
13 |
| Sec. 26.7. Hearing officer. Notwithstanding the provisions |
14 |
| of Section
26.6 of this
Act, the Secretary
Director shall have |
15 |
| the authority to appoint any attorney duly
licensed to practice |
16 |
| law in the State of Illinois to serve as the hearing
officer in |
17 |
| any action for discipline of a
license. The Secretary
Director
|
18 |
| shall notify the Board of any such
appointment. The hearing |
19 |
| officer shall have full authority to conduct the
hearing. The |
20 |
| Board shall have the right to have at least one
member
present |
21 |
| at any hearing conducted by such hearing officer. The hearing
|
22 |
| officer shall report his or her findings of fact, conclusions
|
23 |
| of law and recommendations to the Board and the Secretary
|
24 |
| Director .
The Board shall have 60 days from receipt of the |
25 |
| report to
review the
report of the hearing officer and present |
26 |
| its findings of fact,
conclusions of law and recommendations to |
27 |
| the Secretary
Director . If the Board
fails to present its |
28 |
| report within the 60 day period, the Secretary
Director shall
|
29 |
| issue an order based on the report of the hearing officer. If |
30 |
| the Secretary
Director
disagrees in any regard with the report |
31 |
| of the Board or
hearing
officer, he or she may issue an order |
32 |
| in contravention thereof. The
Secretary
Director
shall provide |
33 |
| a written explanation to the Board on any such
deviation, and |
34 |
| shall specify with particularity the reasons for such action
in |
35 |
| the final order.
|
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|
1 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
2 |
| (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
|
3 |
| (Section scheduled to be repealed on January 1, 2007)
|
4 |
| Sec. 26.8. Service of report; rehearing; order. In any case |
5 |
| involving
the
discipline of a license, a copy of the Board's |
6 |
| report shall
be served
upon the respondent by the Department, |
7 |
| either personally or as provided in
this Act for the service of |
8 |
| the notice of hearing. Within 20 days after
such service, the |
9 |
| respondent may present to the Department a motion in
writing |
10 |
| for a rehearing, which motion shall specify the particular |
11 |
| grounds
therefor. If no motion for rehearing is filed, then |
12 |
| upon the expiration of
the time specified for filing such a |
13 |
| motion, or if a motion for rehearing
is denied, then upon such |
14 |
| denial the Secretary
Director may enter an order in
accordance |
15 |
| with this Act.
If the respondent shall order from the reporting |
16 |
| service, and pay for a
transcript of the record within the time |
17 |
| for filing a motion for rehearing,
the 20 day period within |
18 |
| which such a motion may be filed shall commence
upon the |
19 |
| delivery of the transcript to the respondent.
|
20 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
21 |
| (225 ILCS 80/26.9) (from Ch. 111, par. 3926.9)
|
22 |
| (Section scheduled to be repealed on January 1, 2007)
|
23 |
| Sec. 26.9. Substantial justice; rehearing. Whenever the |
24 |
| Secretary
Director is
satisfied that substantial
justice has |
25 |
| not been done in the revocation, suspension or refusal to issue
|
26 |
| or renew a license, the Secretary
Director may order a |
27 |
| rehearing by the same or
another hearing officer or by the |
28 |
| Board.
|
29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
30 |
| (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
|
31 |
| (Section scheduled to be repealed on January 1, 2007)
|
32 |
| Sec. 26.10. Order or certified copy as prima facie proof. |
33 |
| An order or a
certified copy thereof, over the seal of the |
|
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1 |
| Department and purporting to be
signed by the Secretary
|
2 |
| Director , shall be prima facie proof that:
|
3 |
| (a) the signature is the genuine signature of the |
4 |
| Secretary
Director ;
|
5 |
| (b) the Secretary
Director is duly appointed and |
6 |
| qualified;
and
|
7 |
| (c) the Board and the members thereof are
qualified to |
8 |
| act.
|
9 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
10 |
| (225 ILCS 80/26.11) (from Ch. 111, par. 3926.11)
|
11 |
| (Section scheduled to be repealed on January 1, 2007)
|
12 |
| Sec. 26.11. At any time after the suspension or revocation |
13 |
| of any
license or certificate the Department may restore it to |
14 |
| the accused person,
unless after an investigation and a |
15 |
| hearing, the Department determines that
restoration is not in |
16 |
| the public interest.
|
17 |
| (Source: P.A. 85-896.)
|
18 |
| (225 ILCS 80/26.12) (from Ch. 111, par. 3926.12)
|
19 |
| (Section scheduled to be repealed on January 1, 2007)
|
20 |
| Sec. 26.12. Upon the revocation or suspension of any |
21 |
| license or
certificate , the licensee or certificate holder
|
22 |
| shall forthwith surrender
the license to the Department and if |
23 |
| the licensee fails to do so, the
Department shall have the |
24 |
| right to seize the license or certificate .
|
25 |
| (Source: P.A. 85-896.)
|
26 |
| (225 ILCS 80/26.13) (from Ch. 111, par. 3926.13)
|
27 |
| (Section scheduled to be repealed on January 1, 2007)
|
28 |
| Sec. 26.13. Temporary suspension. The Secretary
Director
|
29 |
| may temporarily suspend
the license or
certificate of an |
30 |
| optometrist without a hearing, simultaneously with the
|
31 |
| institution of proceedings for a hearing provided for in |
32 |
| Section 26.2 of
this Act, if the Secretary
Director finds that |
33 |
| evidence in his or her possession
indicates
that continuation |
|
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1 |
| in practice would constitute an imminent danger to the
public. |
2 |
| In the event that the Secretary
Director suspends, temporarily, |
3 |
| this license
or certificate without a hearing, a hearing by the |
4 |
| Department must be held
within 30 days after such suspension |
5 |
| has occurred, and be concluded without
appreciable delay.
|
6 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
7 |
| (225 ILCS 80/28) (from Ch. 111, par. 3928)
|
8 |
| (Section scheduled to be repealed on January 1, 2007)
|
9 |
| Sec. 28. It is declared to be the public policy of this |
10 |
| State,
pursuant to paragraphs (h) and (i) of Section 6 of |
11 |
| Article VII of the
Illinois Constitution of 1970, that any |
12 |
| power or function set forth in this
Act to be exercised by the |
13 |
| State is an exclusive State power or function.
Such power or |
14 |
| function shall not be exercised concurrently, either directly
|
15 |
| director
or indirectly, by any unit of
local government, |
16 |
| including home rule units, except as otherwise provided in this |
17 |
| Act.
|
18 |
| (Source: P.A. 85-896.)
|
19 |
| Section 99. Effective date. This Act takes effect upon |
20 |
| becoming law.
|