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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Optometric Practice Act of 1987 is | |||||||||||||||||||||
5 | amended by changing Section 24 as follows:
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6 | (225 ILCS 80/24) (from Ch. 111, par. 3924)
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7 | (Section scheduled to be repealed on January 1, 2017)
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8 | Sec. 24. Grounds for disciplinary action.
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9 | (a) The Department may refuse to issue or to renew, or may
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10 | revoke, suspend, place on probation, reprimand or take other
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11 | disciplinary action as the Department may deem proper, | |||||||||||||||||||||
12 | including fines not
to exceed $10,000 for each violation, with | |||||||||||||||||||||
13 | regard to any license for any one or combination of the | |||||||||||||||||||||
14 | following causes:
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15 | (1) Violations of this Act, or of the rules promulgated
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16 | hereunder.
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17 | (2) Conviction of or entry of a plea of guilty to any | |||||||||||||||||||||
18 | crime under the laws of any U.S. jurisdiction
thereof that | |||||||||||||||||||||
19 | is a felony or that is a misdemeanor of which an essential | |||||||||||||||||||||
20 | element
is dishonesty, or any crime that is directly | |||||||||||||||||||||
21 | related to the practice of the
profession.
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22 | (3) Making any misrepresentation for the purpose of | |||||||||||||||||||||
23 | obtaining a
license.
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1 | (4) Professional incompetence or gross negligence in | ||||||
2 | the
practice of optometry.
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3 | (5) Gross malpractice, prima facie evidence
of which | ||||||
4 | may be a conviction or judgment of
malpractice in any court | ||||||
5 | of competent jurisdiction.
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6 | (6) Aiding or assisting another person in violating any
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7 | provision of this Act or rules.
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8 | (7) Failing, within 60 days, to provide information in | ||||||
9 | response
to a
written request made by the Department that | ||||||
10 | has been sent by
certified or
registered mail to the | ||||||
11 | licensee's last known address.
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12 | (8) Engaging in dishonorable, unethical, or | ||||||
13 | unprofessional
conduct of a
character likely to deceive, | ||||||
14 | defraud, or harm the public.
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15 | (9) Habitual or excessive use or addiction to alcohol,
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16 | narcotics,
stimulants or any other chemical agent or drug | ||||||
17 | that results in
the
inability to practice with reasonable | ||||||
18 | judgment, skill, or safety.
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19 | (10) Discipline by another U.S. jurisdiction or | ||||||
20 | foreign
nation, if at
least one of the grounds for the | ||||||
21 | discipline is the same or substantially
equivalent to those | ||||||
22 | set forth herein.
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23 | (11) Directly or indirectly giving to or receiving from | ||||||
24 | any
person, firm,
corporation, partnership, or association | ||||||
25 | any fee, commission, rebate, or
other form of compensation | ||||||
26 | for any professional services not actually or
personally |
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1 | rendered. This shall not be deemed to include (i) rent or | ||||||
2 | other
remunerations paid to an individual, partnership, or | ||||||
3 | corporation by an
optometrist for the lease, rental, or use | ||||||
4 | of space, owned or controlled, by
the individual, | ||||||
5 | partnership, corporation or association, and (ii) the
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6 | division of fees between an optometrist and related | ||||||
7 | professional service
providers with whom the optometrist | ||||||
8 | practices in a
professional corporation organized under | ||||||
9 | Section 3.6 of the Professional
Service Corporation Act.
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10 | (12) A finding by the Department that the licensee, | ||||||
11 | after
having his or
her
license placed on probationary | ||||||
12 | status has violated the terms of
probation.
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13 | (13) Abandonment of a patient.
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14 | (14) Willfully making or filing false records or | ||||||
15 | reports in
his or her
practice,
including but not limited | ||||||
16 | to false records filed with State agencies or
departments.
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17 | (15) Willfully failing to report an instance of | ||||||
18 | suspected
child abuse or
neglect as required by law the | ||||||
19 | Abused and Neglected Child Reporting Act .
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20 | (16) Physical illness, including but not limited to,
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21 | deterioration
through the aging process, or loss of motor | ||||||
22 | skill, mental illness, or
disability that results in the
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23 | inability to practice the profession with reasonable | ||||||
24 | judgment, skill,
or safety.
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25 | (17) Solicitation of professional services other than
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26 | permitted
advertising.
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1 | (18) Failure to provide a patient with a copy of his or
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2 | her record or
prescription in accordance with federal law.
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3 | (19) Conviction by any court of competent | ||||||
4 | jurisdiction, either
within or
without this State, of any | ||||||
5 | violation of any law governing the practice of
optometry, | ||||||
6 | conviction in this or another State of any crime that
is a
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7 | felony under the laws of this State or conviction of a | ||||||
8 | felony in a federal
court, if the Department determines, | ||||||
9 | after investigation, that such person
has not been | ||||||
10 | sufficiently rehabilitated to warrant the public trust.
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11 | (20) A finding that licensure has been applied for or | ||||||
12 | obtained
by
fraudulent means.
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13 | (21) Continued practice by a person knowingly having an
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14 | infectious
or contagious
disease.
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15 | (22) Being named as a perpetrator in an indicated | ||||||
16 | report by
the
Department of Children and Family Services | ||||||
17 | under the Abused and
Neglected Child Reporting Act, and | ||||||
18 | upon proof by clear and
convincing evidence that the | ||||||
19 | licensee has caused a child to be an abused
child or a | ||||||
20 | neglected child as defined in the Abused and Neglected | ||||||
21 | Child
Reporting Act.
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22 | (23) Practicing or attempting to practice under a name | ||||||
23 | other
than the
full name as shown on his or her license.
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24 | (24) Immoral conduct in the commission of any act, such | ||||||
25 | as
sexual abuse,
sexual misconduct or sexual exploitation, | ||||||
26 | related to the licensee's
practice.
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1 | (25) Maintaining a professional relationship with any | ||||||
2 | person,
firm, or
corporation when the optometrist knows, or | ||||||
3 | should know, that such person,
firm, or corporation is | ||||||
4 | violating this Act.
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5 | (26) Promotion of the sale of drugs, devices, | ||||||
6 | appliances or
goods
provided for a client or patient in | ||||||
7 | such manner as to exploit the patient
or client for | ||||||
8 | financial gain of the licensee.
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9 | (27) Using the title "Doctor" or its abbreviation | ||||||
10 | without
further
qualifying that title or abbreviation with | ||||||
11 | the word "optometry" or
"optometrist".
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12 | (28) Use by a licensed optometrist of the
word
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13 | "infirmary",
"hospital", "school", "university", in | ||||||
14 | English or any other
language, in connection with the place | ||||||
15 | where optometry may be practiced or
demonstrated.
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16 | (29) Continuance of an optometrist in the employ of any
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17 | person, firm or
corporation, or as an assistant to any | ||||||
18 | optometrist or optometrists,
directly or indirectly, after | ||||||
19 | his or her employer or superior has been
found
guilty of | ||||||
20 | violating or has been enjoined from violating the laws of | ||||||
21 | the
State of Illinois relating to the practice of | ||||||
22 | optometry, when the employer
or superior persists in that | ||||||
23 | violation.
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24 | (30) The performance of optometric service in | ||||||
25 | conjunction with
a scheme
or plan with another person, firm | ||||||
26 | or corporation known to be advertising in
a manner contrary |
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1 | to this Act or otherwise violating the laws of the State of
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2 | Illinois concerning the practice of optometry.
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3 | (31) Failure to provide satisfactory proof of having
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4 | participated in
approved continuing education programs as | ||||||
5 | determined by the Board and
approved by the Secretary. | ||||||
6 | Exceptions for extreme hardships are to be
defined by the | ||||||
7 | rules of the Department.
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8 | (32) Willfully making or filing false records or | ||||||
9 | reports in
the practice
of optometry, including, but not | ||||||
10 | limited to false records to support claims
against the | ||||||
11 | medical assistance program of the Department of Healthcare | ||||||
12 | and Family Services (formerly Department of Public Aid)
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13 | under the Illinois Public Aid Code.
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14 | (33) Gross and willful overcharging for professional | ||||||
15 | services
including
filing false statements for collection | ||||||
16 | of fees for which services are not
rendered, including, but | ||||||
17 | not limited to filing false statements for
collection of | ||||||
18 | monies for services not rendered from the medical | ||||||
19 | assistance
program of the Department of Healthcare and | ||||||
20 | Family Services (formerly Department of Public Aid) under | ||||||
21 | the Illinois Public Aid
Code.
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22 | (34) In the absence of good reasons to the contrary, | ||||||
23 | failure
to perform a
minimum eye examination as required by | ||||||
24 | the rules of the Department.
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25 | (35) Violation of the Health Care Worker Self-Referral | ||||||
26 | Act.
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1 | The Department may refuse to issue or may suspend the | ||||||
2 | license of any person who fails to file a return, or to pay the | ||||||
3 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
4 | final assessment
of the tax, penalty or interest, as required | ||||||
5 | by any tax Act administered by
the Illinois Department of | ||||||
6 | Revenue, until such time as the requirements of
any such tax | ||||||
7 | Act are satisfied.
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8 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
9 | of a possible
violation, may compel any individual licensed to | ||||||
10 | practice under this Act, or
who has applied for licensure or | ||||||
11 | certification pursuant to this Act,
to submit to a
mental or | ||||||
12 | physical
examination, or both, as required by and at the | ||||||
13 | expense of the Department. The
examining physicians or clinical | ||||||
14 | psychologists shall be those specifically
designated by the | ||||||
15 | Board. The Board or the Department may order the examining
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16 | physician or clinical psychologist to present testimony | ||||||
17 | concerning this mental
or physical examination of the licensee | ||||||
18 | or applicant. No information shall be
excluded by reason of any | ||||||
19 | common law or statutory privilege relating to
communications | ||||||
20 | between the licensee or applicant and the examining physician | ||||||
21 | or
clinical psychologist. Eye examinations may be provided by a | ||||||
22 | licensed
optometrist. The individual to be examined may have,
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23 | at his or her own expense, another physician of his or her | ||||||
24 | choice present
during all aspects of the examination. Failure | ||||||
25 | of any individual to submit to
a mental or physical | ||||||
26 | examination, when directed, shall be grounds for
suspension of |
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1 | a license until such time as the individual submits to the
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2 | examination if the Board finds, after notice and hearing, that | ||||||
3 | the refusal to
submit to the examination was without reasonable | ||||||
4 | cause.
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5 | If the Board finds an individual unable to practice because | ||||||
6 | of the reasons
set forth in this Section, the Board shall | ||||||
7 | require such individual to submit to
care, counseling, or | ||||||
8 | treatment by physicians or clinical psychologists approved
or | ||||||
9 | designated by the Board, as a condition, term, or restriction | ||||||
10 | for continued,
reinstated, or renewed licensure to practice, or | ||||||
11 | in lieu of care, counseling,
or treatment, the Board may | ||||||
12 | recommend to the Department to file a complaint to immediately | ||||||
13 | suspend, revoke, or otherwise discipline the
license of the | ||||||
14 | individual, or the Board may recommend to the Department to | ||||||
15 | file
a complaint to suspend, revoke, or otherwise discipline | ||||||
16 | the license of the
individual. Any individual whose license was | ||||||
17 | granted pursuant to this Act, or
continued, reinstated, | ||||||
18 | renewed, disciplined, or supervised, subject to such
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19 | conditions, terms, or restrictions, who shall fail to comply | ||||||
20 | with such
conditions, terms, or restrictions, shall be referred | ||||||
21 | to the Secretary for a
determination as to whether the | ||||||
22 | individual shall have his or her license
suspended immediately, | ||||||
23 | pending a hearing by the Board.
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24 | (b) The determination by a circuit court that a licensee is | ||||||
25 | subject to
involuntary admission or judicial admission as | ||||||
26 | provided in the Mental
Health and Developmental Disabilities |
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1 | Code operates as an
automatic suspension. The suspension will | ||||||
2 | end only upon a finding by a
court that the patient is no | ||||||
3 | longer subject to involuntary admission or
judicial admission | ||||||
4 | and issues an order so finding and discharging the
patient; and | ||||||
5 | upon the recommendation of the Board to the Secretary
that
the | ||||||
6 | licensee be allowed to resume his or her practice.
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7 | (Source: P.A. 94-787, eff. 5-19-06.)
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8 | Section 10. The Elder Abuse and Neglect Act is amended by | ||||||
9 | changing Section 4 as follows:
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10 | (320 ILCS 20/4) (from Ch. 23, par. 6604)
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11 | Sec. 4. Reports of abuse or neglect.
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12 | (a) Any person who suspects the abuse,
neglect,
financial | ||||||
13 | exploitation, or self-neglect of an eligible adult may
report
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14 | this suspicion to an agency designated to receive such
reports | ||||||
15 | under this Act or to the Department.
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16 | (a-5) If any mandated reporter has reason to believe that | ||||||
17 | an eligible
adult,
who because of dysfunction is unable to seek | ||||||
18 | assistance for himself or herself,
has, within the previous 12 | ||||||
19 | months, been subjected to abuse, neglect, or
financial | ||||||
20 | exploitation, the mandated reporter shall, within 24 hours | ||||||
21 | after
developing
such belief, report this suspicion to an | ||||||
22 | agency designated to receive such
reports under this Act or
to | ||||||
23 | the Department. Whenever a mandated reporter
is required to | ||||||
24 | report under this Act in his or her capacity as a member of
the |
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1 | staff of a medical or other public or private institution, | ||||||
2 | facility,
board and care home, or agency, he or she shall make | ||||||
3 | a report
to an agency designated to receive such
reports under | ||||||
4 | this Act or
to the Department in accordance
with the provisions | ||||||
5 | of this Act and may also notify the person in charge of
the | ||||||
6 | institution, facility, board and care home, or agency or his or | ||||||
7 | her
designated agent that the
report has been made. Under no | ||||||
8 | circumstances shall any person in charge of
such institution, | ||||||
9 | facility, board and care home, or agency, or his or her
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10 | designated agent to whom
the notification has been made, | ||||||
11 | exercise any control, restraint,
modification, or other change | ||||||
12 | in the report or the forwarding of the report
to an agency | ||||||
13 | designated to receive such
reports under this Act or
to the | ||||||
14 | Department. The privileged quality of communication between | ||||||
15 | any
professional
person required to report
and his or her | ||||||
16 | patient or client shall not apply to situations involving
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17 | abused, neglected, or financially exploited eligible adults | ||||||
18 | and shall not
constitute
grounds for failure to
report
as | ||||||
19 | required by this Act.
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20 | (a-7) A person making a report
under this Act in the belief | ||||||
21 | that it is in the alleged victim's best
interest shall be | ||||||
22 | immune from criminal or civil liability or professional
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23 | disciplinary action on account of making the report, | ||||||
24 | notwithstanding any
requirements concerning the | ||||||
25 | confidentiality of information with respect to
such eligible | ||||||
26 | adult which might otherwise be applicable.
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1 | (a-9) Law enforcement officers
shall continue to report | ||||||
2 | incidents of alleged abuse pursuant to the
Illinois Domestic | ||||||
3 | Violence Act of 1986, notwithstanding any requirements
under | ||||||
4 | this Act.
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5 | (b) Any person, institution or agency participating in the | ||||||
6 | making of
a report, providing
information or records related to | ||||||
7 | a report, assessment, or services, or
participating in the | ||||||
8 | investigation of a report under
this Act in good faith, or | ||||||
9 | taking photographs or x-rays as a result of an
authorized | ||||||
10 | assessment, shall have immunity from any civil, criminal or
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11 | other liability in any civil, criminal or other proceeding | ||||||
12 | brought in
consequence of making such report or assessment or | ||||||
13 | on account of submitting
or otherwise disclosing such | ||||||
14 | photographs or x-rays to any agency designated
to receive | ||||||
15 | reports of alleged or suspected abuse or neglect. Any person,
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16 | institution or agency authorized by the Department to provide | ||||||
17 | assessment,
intervention, or administrative services under | ||||||
18 | this Act shall, in the good
faith performance of those | ||||||
19 | services, have immunity from any civil, criminal
or other | ||||||
20 | liability in any civil, criminal, or other proceeding brought | ||||||
21 | as a
consequence of the performance of those services.
For the | ||||||
22 | purposes of any civil, criminal, or other proceeding, the good | ||||||
23 | faith
of any person required to report, permitted to report, or | ||||||
24 | participating in an
investigation of a report of alleged or | ||||||
25 | suspected abuse, neglect, or
financial exploitation shall be
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26 | presumed.
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1 | (c) The identity of a person making a report of alleged or | ||||||
2 | suspected
abuse or neglect under this Act may be disclosed by | ||||||
3 | the Department
or other agency provided for in this Act only | ||||||
4 | with such person's written
consent or by court order.
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5 | (d) The Department shall by rule establish a system for | ||||||
6 | filing and
compiling reports made under this Act.
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7 | (e) Any physician who willfully fails to report as required | ||||||
8 | by this Act
shall be referred to the Illinois State Medical | ||||||
9 | Disciplinary Board for action
in accordance with subdivision | ||||||
10 | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | ||||||
11 | dentist or dental hygienist who willfully fails to report as
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12 | required by this Act shall be referred to the Department of | ||||||
13 | Professional
Regulation for action in accordance with | ||||||
14 | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | ||||||
15 | Any optometrist who willfully fails to report as required by | ||||||
16 | this Act shall be referred to the Department of Financial and | ||||||
17 | Professional Regulation for action in accordance with | ||||||
18 | paragraph (15) of subsection (a) of Section 24 of the Illinois | ||||||
19 | Optometric Practice Act of 1987. Any other mandated reporter | ||||||
20 | required by
this Act to report suspected abuse, neglect, or | ||||||
21 | financial exploitation who
willfully fails to report the same | ||||||
22 | is guilty of a Class A misdemeanor.
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23 | (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; | ||||||
24 | 94-1064, eff. 1-1-07.)
|