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Sen. Pamela J. Althoff
Filed: 4/19/2016
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1 | | AMENDMENT TO SENATE BILL 2899
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2899 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Regulatory Sunset Act is amended by |
5 | | changing Section 4.27 and adding 4.37 as follows: |
6 | | (5 ILCS 80/4.27) |
7 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
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8 | | are repealed on January 1, 2017:
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9 | | The Illinois Optometric Practice Act of 1987. |
10 | | The Clinical Psychologist Licensing Act. |
11 | | The Boiler and Pressure Vessel Repairer Regulation Act. |
12 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, |
13 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. |
14 | | (Source: P.A. 99-78, eff. 7-20-15.) |
15 | | (5 ILCS 80/4.37 new) |
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1 | | Sec. 4.37. Act repealed on January 1, 2027. The following |
2 | | Act is repealed on January 1, 2027: |
3 | | The Optometric Practice Act of 1984. |
4 | | Section 10. The Illinois Optometric Practice Act of 1987 is |
5 | | amended by changing the title of the Act and Sections 3, 9, 10, |
6 | | 11, 14, 15.1, 18, 20, 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15, |
7 | | and 27 and by adding Sections 9.5 and 30 as follows:
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8 | | (225 ILCS 80/3) (from Ch. 111, par. 3903)
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9 | | (Section scheduled to be repealed on January 1, 2017)
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10 | | Sec. 3. Practice of optometry defined; referrals; |
11 | | manufacture of lenses
and prisms. |
12 | | (a) The practice of optometry is defined as the employment |
13 | | of any
and all means for the examination, diagnosis, and |
14 | | treatment of the human
visual system, the human eye, and its |
15 | | appendages without the use of
surgery, including , but not |
16 | | limited to: the appropriate
use of ocular
pharmaceutical |
17 | | agents; refraction and other determinants of visual function;
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18 | | prescribing corrective lenses or prisms; prescribing, |
19 | | dispensing, or management
of contact lenses; vision therapy; |
20 | | visual rehabilitation; or any other
procedures taught in |
21 | | schools and colleges of optometry approved by the
Department, |
22 | | and not specifically restricted in this Act, subject to
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23 | | demonstrated competency and training as required by the Board, |
24 | | and pursuant
to rule or regulation approved by the Board and |
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1 | | adopted by
the Department.
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2 | | A person shall be deemed to be practicing optometry within |
3 | | the meaning of
this Act who:
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4 | | (1) In any way presents himself or herself to be |
5 | | qualified to
practice optometry.
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6 | | (2) Performs refractions or employs any other |
7 | | determinants of
visual function.
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8 | | (3) Employs any means for the adaptation of lenses or |
9 | | prisms.
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10 | | (4) Prescribes corrective lenses, prisms, vision |
11 | | therapy,
visual rehabilitation, or ocular pharmaceutical |
12 | | agents.
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13 | | (5) Prescribes or manages contact lenses for |
14 | | refractive,
cosmetic, or therapeutic purposes.
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15 | | (6) Evaluates the need for, or prescribes, low vision |
16 | | aids to
partially sighted persons.
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17 | | (7) Diagnoses or treats any ocular abnormality, |
18 | | disease, or
visual or muscular anomaly of the human eye or |
19 | | visual system.
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20 | | (8) Practices, or offers or attempts to practice, |
21 | | optometry as defined in
this Act either on his or her own |
22 | | behalf or as an employee
of a person, firm,
or corporation, |
23 | | whether under the supervision of his or her employer or |
24 | | not. |
25 | | Nothing in this Section shall be interpreted (A) (i) to |
26 | | prevent a person from
functioning as an assistant under the |
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1 | | direct supervision of a person licensed
by the State of |
2 | | Illinois to practice optometry or medicine in all of its
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3 | | branches or (B) (ii) to prohibit visual screening programs that
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4 | | are conducted without a fee (other than voluntary donations), |
5 | | by
charitable organizations
acting in the public welfare under
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6 | | the supervision of a committee composed of persons licensed by |
7 | | the State of
Illinois to practice optometry or persons licensed |
8 | | by the State of Illinois
to practice medicine in all of its |
9 | | branches.
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10 | | (b) When, in the course of providing optometric services to |
11 | | any person,
an optometrist licensed under this Act finds an |
12 | | indication of a disease or
condition of the eye which in his or |
13 | | her professional judgment requires
professional service |
14 | | outside the scope of practice as defined in this Act,
he or she |
15 | | shall refer such person to a physician licensed to practice |
16 | | medicine
in all of its branches, or other appropriate health |
17 | | care practitioner.
Nothing in this Act shall preclude an |
18 | | optometrist from rendering appropriate nonsurgical
emergency |
19 | | care.
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20 | | (c) Nothing contained in this Section shall prohibit a |
21 | | person from
manufacturing ophthalmic lenses and prisms or the |
22 | | fabrication
of contact lenses according to the specifications |
23 | | prescribed by an optometrist
or a physician licensed to |
24 | | practice medicine in all of its branches, but shall
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25 | | specifically prohibit (1) the sale or delivery of ophthalmic
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26 | | lenses, prisms, and contact lenses without a prescription |
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1 | | signed by an
optometrist or a physician licensed to practice |
2 | | medicine in all of its
branches and (2) the dispensing of |
3 | | contact lenses by anyone other than a licensed optometrist, |
4 | | licensed pharmacist, or a physician licensed to practice |
5 | | medicine in all of its branches. For the purposes of this Act, |
6 | | "contact lenses" include, but are not limited to, contact |
7 | | lenses with prescriptive power and decorative and plano power |
8 | | contact lenses. Nothing in this Section shall prohibit the sale |
9 | | of contact lenses by an optical firm or corporation primarily |
10 | | engaged in manufacturing or dealing in eyeglasses or contact |
11 | | lenses with an affiliated optometrist who practices and is |
12 | | licensed or has an ancillary registration for the location |
13 | | where the sale occurs.
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14 | | (d) Nothing in this Act shall restrict the filling of a |
15 | | prescription by a
pharmacist licensed under the Pharmacy |
16 | | Practice Act. |
17 | | (e) Nothing in this Act shall be construed to restrict the |
18 | | dispensing and sale by an optometrist of ocular devices, such |
19 | | as contact lenses, that contain and deliver ocular |
20 | | pharmaceutical agents permitted for use or prescription under |
21 | | this Act.
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22 | | (f) Nothing in this Act shall prohibit an optometrist from: |
23 | | (1) the probing, dilation, and irrigation of the lacrimal ducts |
24 | | or insertion and removal of lacrimal plugs; (2) removal of a |
25 | | superficial foreign body; (3) suture removal; (4) removal of |
26 | | eyelashes; (5) removal, destruction, or drainage of |
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1 | | superficial lesions and conjunctival cysts, including |
2 | | chalazion; (6) corneal debridement, culture, scrape, or |
3 | | anterior puncture, not including removal of pterygium, corneal |
4 | | biopsy, or corneal neoplasias; and (7) corneal shaping with |
5 | | external devices, such as contact lenses. |
6 | | Removal, destruction, or drainage of superficial lesions |
7 | | and conjunctival cysts and corneal debridement, culture, |
8 | | scrape, or anterior puncture are only permitted by an |
9 | | optometrist who meets the educational requirements established |
10 | | by the Department in rule, which shall include both clinical |
11 | | training and didactic education. |
12 | | (Source: P.A. 98-186, eff. 8-5-13.)
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13 | | (225 ILCS 80/9) (from Ch. 111, par. 3909)
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14 | | (Section scheduled to be repealed on January 1, 2017)
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15 | | Sec. 9. Definitions. In this Act:
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16 | | (1) "Department" means the Department of Financial and
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17 | | Professional
Regulation.
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18 | | (2) "Secretary" means the Secretary
of Financial and |
19 | | Professional Regulation.
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20 | | (3) "Board" means the Illinois Optometric
Licensing |
21 | | and
Disciplinary
Board appointed by the Secretary.
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22 | | (4) "License" means the document issued by the |
23 | | Department
authorizing the
person named thereon to |
24 | | practice optometry.
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25 | | (5) (Blank).
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1 | | (6) "Direct supervision" means supervision of any |
2 | | person
assisting
an
optometrist, requiring that the |
3 | | optometrist authorize the procedure, remain
in the |
4 | | facility while the procedure is performed, approve the work
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5 | | performed by the person assisting before dismissal of the |
6 | | patient, but does
not mean that the optometrist must be |
7 | | present with the patient, during the
procedure. For the |
8 | | dispensing of contact lenses, "direct supervision" means |
9 | | that the optometrist is responsible for training the person |
10 | | assisting the optometrist in the dispensing or sale of |
11 | | contact lenses, but does not mean that the optometrist must |
12 | | be present in the facility where he or she practices under |
13 | | a license or ancillary registration at the time the |
14 | | contacts are dispensed or sold.
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15 | | (7) "Address of record" means the designated address |
16 | | recorded by the Department in the applicant's application |
17 | | file or the licensee's license file maintained by the |
18 | | Department's licensure maintenance unit. |
19 | | (Source: P.A. 98-186, eff. 8-5-13.)
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20 | | (225 ILCS 80/9.5 new) |
21 | | Sec. 9.5. Change of address. It is the duty of the |
22 | | applicant or licensee to inform the Department of any change of |
23 | | address within 14 days after such change either through the |
24 | | Department's website or by contacting the Department's |
25 | | licensure maintenance unit.
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1 | | (225 ILCS 80/10) (from Ch. 111, par. 3910)
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2 | | (Section scheduled to be repealed on January 1, 2017)
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3 | | Sec. 10. Powers and duties of Department; rules; report. |
4 | | The Department
shall exercise the powers and duties
prescribed |
5 | | by the Civil Administrative Code of Illinois for the
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6 | | administration of Licensing Acts and shall exercise such other |
7 | | powers and
duties necessary for effectuating the purpose of |
8 | | this Act.
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9 | | The Secretary shall promulgate Rules consistent with the |
10 | | provisions of
this Act, for the administration and enforcement |
11 | | thereof and may prescribe
forms that shall be issued in |
12 | | connection therewith. The rules
shall
include standards and |
13 | | criteria for licensure and certification, and
professional |
14 | | conduct and discipline.
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15 | | The Department shall consult with the Board in promulgating
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16 | | rules.
Notice of proposed rulemaking shall be transmitted to |
17 | | the Board and the
Department shall review the Board's responses |
18 | | and any
recommendations
made therein. The Department shall |
19 | | notify the Board in
writing with
explanations of deviations |
20 | | from the Board's recommendations
and
responses. The Department |
21 | | may solicit the advice of the Board on any
matter relating to |
22 | | the administration and enforcement of this Act.
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23 | | (Source: P.A. 94-787, eff. 5-19-06.)
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24 | | (225 ILCS 80/11) (from Ch. 111, par. 3911)
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1 | | (Section scheduled to be repealed on January 1, 2017)
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2 | | Sec. 11. Optometric Licensing and Disciplinary Board. The |
3 | | Secretary shall
appoint an Illinois Optometric Licensing
and |
4 | | Disciplinary Board as follows: Seven persons who shall be
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5 | | appointed
by and shall serve in an advisory capacity to the |
6 | | Secretary. Five members
must be lawfully and actively engaged |
7 | | in the practice of optometry in this
State, one member shall be |
8 | | a licensed optometrist, with a full-time faculty appointment |
9 | | with the
Illinois College of
Optometry, and one member must be |
10 | | a member of the public who shall be a
voting member and is not |
11 | | licensed under this Act, or a
similar Act of
another |
12 | | jurisdiction, or have any connection with the profession. |
13 | | Neither
the public member nor the faculty member shall |
14 | | participate in the
preparation or administration of the |
15 | | examination of applicants for
licensure.
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16 | | Members shall serve 4-year terms and until their successors
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17 | | are appointed
and qualified. No member shall be appointed to
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18 | | the Board for more than 2 successive 4-year terms, not counting |
19 | | any partial
terms when appointed to fill the unexpired portion |
20 | | of a vacated term. Appointments to
fill
vacancies shall be made |
21 | | in the same manner as original appointments, for
the unexpired |
22 | | portion of the vacated term.
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23 | | The Board shall annually elect a chairperson and a
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24 | | vice-chairperson, both of whom shall be licensed optometrists.
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25 | | The membership of the Board should reasonably reflect
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26 | | representation
from the geographic areas in this State.
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1 | | A majority of the Board members currently appointed shall |
2 | | constitute a
quorum. A vacancy in the membership of the Board |
3 | | shall not impair the right of
a quorum to perform all of the |
4 | | duties of the Board.
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5 | | The Secretary may terminate the appointment of any member |
6 | | for cause.
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7 | | The members of the Board shall be reimbursed for all |
8 | | authorized legitimate and necessary expenses incurred in |
9 | | attending the meetings of the Board. |
10 | | Members of the Board shall have no liability in any action |
11 | | based upon any disciplinary proceeding or other activity |
12 | | performed in good faith as a member of the Board. |
13 | | The Secretary shall give due consideration to all |
14 | | recommendations of the
Board , and in the event that the |
15 | | Secretary disagrees with or
takes
action contrary to the |
16 | | recommendation of the Board, he or
she shall provide
the Board |
17 | | with a written and specific explanation of this
action. None
of |
18 | | the functions, powers or duties of the Department with respect |
19 | | to
policy matters relating to licensure, discipline, and |
20 | | examination,
including the promulgation of such rules as may
be |
21 | | necessary for the administration of this Act, shall be |
22 | | exercised by the
Department except upon review of the Board .
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23 | | Without, in any manner, limiting the power of the |
24 | | Department to conduct
investigations, the Board may recommend |
25 | | to the Secretary that
one or more
licensed optometrists be |
26 | | selected by the Secretary to conduct or assist in any
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1 | | investigation pursuant to this Act. Such licensed optometrist |
2 | | may receive
remuneration as determined by the Secretary.
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3 | | (Source: P.A. 96-270, eff. 1-1-10.)
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4 | | (225 ILCS 80/14) (from Ch. 111, par. 3914)
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5 | | (Section scheduled to be repealed on January 1, 2017)
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6 | | Sec. 14. A person shall be qualified for initial licensure |
7 | | as an optometrist
if that person has applied in writing in form |
8 | | and substance satisfactory to
the Department and who:
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9 | | (1) (blank) has not been convicted of any of the provisions |
10 | | of Section 24 of
this Act which would be grounds for discipline |
11 | | under this Act ;
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12 | | (2) has graduated, after January 1, 1994, from a program of |
13 | | optometry education approved by the
Department or has |
14 | | graduated, prior to January 1, 1994, and has met substantially |
15 | | equivalent criteria established by the Department;
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16 | | (3) (blank); and
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17 | | (4) has met all examination requirements including the |
18 | | passage of a
nationally recognized examination authorized by |
19 | | the Department. Each
applicant shall be tested on theoretical |
20 | | knowledge and clinical practice
skills.
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21 | | (Source: P.A. 94-787, eff. 5-19-06.)
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22 | | (225 ILCS 80/15.1)
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23 | | (Section scheduled to be repealed on January 1, 2017)
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24 | | Sec. 15.1. Diagnostic and therapeutic authority.
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1 | | (a) For purposes of the Act, "ocular pharmaceutical
agents" |
2 | | means topical anesthetics, topical mydriatics, topical
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3 | | cycloplegics, topical miotics and mydriatic reversing agents, |
4 | | anti-infective agents,
anti-allergy agents,
anti-glaucoma |
5 | | agents (except oral carbonic anhydrase inhibitors, which may be |
6 | | prescribed only in a quantity sufficient to provide treatment |
7 | | for up to 72 hours),
anti-inflammatory agents (except oral |
8 | | steroids), over-the-counter agents, analgesic
agents, anti-dry |
9 | | eye agents, and agents for the treatment of hypotrichosis. |
10 | | (a-3) In addition to ocular pharmaceutical agents that fall |
11 | | within the categories set forth in subsection (a) of this |
12 | | Section, the Board may add a pharmaceutical agent approved by |
13 | | the FDA or class of agents for the purpose of the diagnosis or |
14 | | treatment of conditions of the eye and adnexa after |
15 | | consideration of the agent's systemic effects, side effects, |
16 | | and the use of the agent within the practice of optometry. The |
17 | | Board shall consider requests for additional agents and make |
18 | | recommendations within 90 days after the receipt of the |
19 | | request. |
20 | | Within 45 days after the Board's recommendation to the |
21 | | Department of a pharmaceutical agent or class of agents, the |
22 | | Department shall promulgate rules necessary to allow for the |
23 | | prescribing or administering of the pharmaceutical agent or |
24 | | class of agents under this Act. |
25 | | (a-5) Ocular pharmaceutical agents may be administered by |
26 | | subcutaneous, subconjunctival, and intramuscular injections by |
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1 | | an optometrist who meets the educational requirements |
2 | | established by the Department by rule, which shall include both |
3 | | clinical training and didactic education. Retrobulbar, |
4 | | intraocular, and botulinum injections are not permitted. |
5 | | Intramuscular injections may be administered by injection may |
6 | | be used only for the treatment of anaphylaxis. |
7 | | (a-10) Oral pharmaceutical agents may be prescribed for a |
8 | | child under 5 years of age only in consultation with a |
9 | | physician licensed to practice medicine in all its branches. |
10 | | (a-15) The authority to prescribe a Schedule III, IV, or V |
11 | | controlled substance shall include analgesic agents only in a |
12 | | quantity sufficient to provide treatment for up to 72 hours. |
13 | | The prescription of a Schedule II controlled substance is |
14 | | prohibited, except for Dihydrocodeinone (Hydrocodone) with one |
15 | | or more active, non-narcotic ingredients only in a quantity |
16 | | sufficient to provide treatment for up to 72 hours, and only if |
17 | | such formulations of Dihydrocodeinone are reclassified as |
18 | | Schedule II by federal regulation.
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19 | | (b) A licensed optometrist may remove superficial foreign |
20 | | bodies from the human eye and adnexa and may give orders for |
21 | | patient care to a nurse or other health care provider licensed |
22 | | to practice under Illinois law.
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23 | | (c) An optometrist's license shall be revoked or suspended |
24 | | by the Department
upon recommendation of the Board based upon |
25 | | either of the
following causes: |
26 | | (1) grave or repeated misuse of any ocular
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1 | | pharmaceutical agent; and |
2 | | (2) the use of any agent or procedure in the course of |
3 | | optometric practice
by an optometrist not properly |
4 | | authorized under this Act. |
5 | | (d) The Secretary of Financial and Professional Regulation |
6 | | shall notify
the Director of Public Health as to the categories |
7 | | of ocular
pharmaceutical agents permitted for use by an |
8 | | optometrist. The Director of Public Health shall in turn
notify |
9 | | every licensed pharmacist in the State of the categories of |
10 | | ocular
pharmaceutical agents that can be utilized and |
11 | | prescribed by an optometrist.
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12 | | (Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
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13 | | (225 ILCS 80/18) (from Ch. 111, par. 3918)
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14 | | (Section scheduled to be repealed on January 1, 2017)
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15 | | Sec. 18. Endorsement. The Department may, in its |
16 | | discretion, license as
an
optometrist, without examination on |
17 | | payment of the required fee, an
applicant who is so licensed |
18 | | under the laws of another state or U.S. jurisdiction of the |
19 | | United States. The Department may issue a license, upon payment |
20 | | of the required fee and recommendation of the Board, to an |
21 | | individual applicant who is licensed in any foreign country or |
22 | | province whose standards, in the opinion of the Board or |
23 | | Department ,
if the requirements for licensure in the |
24 | | jurisdiction in which the
applicant was licensed, were, at the |
25 | | date of his or her licensure,
substantially
equivalent to the |
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1 | | requirements then in force in this State;
or if the applicant |
2 | | possesses individual qualifications and skills which
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3 | | demonstrate substantial equivalence to current Illinois |
4 | | requirements.
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5 | | Applicants have 3 years from the date of application to |
6 | | complete the
application process. If the process has not been |
7 | | completed in 3 years, the
application shall be denied, the fee |
8 | | forfeited and the applicant must
reapply and meet the |
9 | | requirements in effect at the time of reapplication.
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10 | | (Source: P.A. 89-702, eff. 7-1-97 .)
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11 | | (225 ILCS 80/20) (from Ch. 111, par. 3920)
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12 | | (Section scheduled to be repealed on January 1, 2017)
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13 | | Sec. 20. Fund. All moneys received by the Department |
14 | | pursuant to this
Act
shall be deposited in the Optometric |
15 | | Licensing and Disciplinary Board
Fund, which is hereby created |
16 | | as a special fund in the State Treasury, and
shall be used for |
17 | | the administration of this Act, including: (a) by
the Board and |
18 | | Department in the exercise of its powers and performance of
its |
19 | | duties ,
as such use is made by the Department with full |
20 | | consideration of all
recommendations of the Board ; (b) for
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21 | | costs directly related to license renewal of persons licensed |
22 | | under this Act;
and (c) for direct and allocable indirect costs |
23 | | related to the
public purposes
of the Department of Financial |
24 | | and Professional Regulation.
Subject to appropriation, moneys |
25 | | in the Optometric Licensing and
Disciplinary Board Fund may be |
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1 | | used for
the
Optometric Education Scholarship Program |
2 | | administered by the Illinois Student
Assistance Commission |
3 | | pursuant to Section 65.70 of the Higher Education Student
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4 | | Assistance Act.
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5 | | Moneys in the Fund may be transferred to the Professions |
6 | | Indirect Cost Fund
as authorized under Section 2105-300 of the |
7 | | Department of
Professional Regulation Law (20 ILCS |
8 | | 2105/2105-300).
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9 | | Money in the Optometric Licensing and Disciplinary Board
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10 | | Fund may be
invested and reinvested, with all earnings received |
11 | | from such investment to
be deposited in the Optometric |
12 | | Licensing and Disciplinary Board Fund
and used for the same |
13 | | purposes as fees deposited in such fund.
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14 | | (Source: P.A. 94-787, eff. 5-19-06.)
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15 | | (225 ILCS 80/21) (from Ch. 111, par. 3921)
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16 | | (Section scheduled to be repealed on January 1, 2017)
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17 | | Sec. 21. The Department shall maintain a roster of the |
18 | | names and
addresses of all licensees
and of all persons whose
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19 | | licenses have been suspended or revoked . This roster shall
be |
20 | | available upon written request and payment of the required fee.
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21 | | (Source: P.A. 94-787, eff. 5-19-06.)
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22 | | (225 ILCS 80/24) (from Ch. 111, par. 3924)
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23 | | (Section scheduled to be repealed on January 1, 2017)
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24 | | Sec. 24. Grounds for disciplinary action.
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1 | | (a) The Department may refuse to issue or to renew, or may
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2 | | revoke, suspend, place on probation, reprimand or take other
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3 | | disciplinary or non-disciplinary action as the Department may |
4 | | deem appropriate, including fines not
to exceed $10,000 for |
5 | | each violation, with regard to any license for any one or |
6 | | combination of the causes set forth in subsection (a-3) of this |
7 | | Section. All fines collected under this Section shall be |
8 | | deposited in the Optometric Licensing and Disciplinary Board |
9 | | Fund. Any fine imposed shall be payable within 60 days after |
10 | | the effective date of the order imposing the fine.
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11 | | (a-3) Grounds for disciplinary action include the |
12 | | following: |
13 | | (1) Violations of this Act, or of the rules promulgated
|
14 | | hereunder.
|
15 | | (2) Conviction of or entry of a plea of guilty to any |
16 | | crime under the laws of any U.S. jurisdiction
thereof that |
17 | | is a felony or that is a misdemeanor of which an essential |
18 | | element
is dishonesty, or any crime that is directly |
19 | | related to the practice of the
profession.
|
20 | | (3) Making any misrepresentation for the purpose of |
21 | | obtaining a
license.
|
22 | | (4) Professional incompetence or gross negligence in |
23 | | the
practice of optometry.
|
24 | | (5) Gross malpractice, prima facie evidence
of which |
25 | | may be a conviction or judgment of
malpractice in any court |
26 | | of competent jurisdiction.
|
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1 | | (6) Aiding or assisting another person in violating any
|
2 | | provision of this Act or rules.
|
3 | | (7) Failing, within 60 days, to provide information in |
4 | | response
to a
written request made by the Department that |
5 | | has been sent by
certified or
registered mail to the |
6 | | licensee's last known address.
|
7 | | (8) Engaging in dishonorable, unethical, or |
8 | | unprofessional
conduct of a
character likely to deceive, |
9 | | defraud, or harm the public.
|
10 | | (9) Habitual or excessive use or addiction to alcohol,
|
11 | | narcotics,
stimulants or any other chemical agent or drug |
12 | | that results in
the
inability to practice with reasonable |
13 | | judgment, skill, or safety.
|
14 | | (10) Discipline by another U.S. jurisdiction or |
15 | | foreign
nation, if at
least one of the grounds for the |
16 | | discipline is the same or substantially
equivalent to those |
17 | | set forth herein.
|
18 | | (11) Violation of the prohibition against fee |
19 | | splitting in Section 24.2 of this Act.
|
20 | | (12) A finding by the Department that the licensee, |
21 | | after
having his or
her
license placed on probationary |
22 | | status has violated the terms of
probation.
|
23 | | (13) Abandonment of a patient.
|
24 | | (14) Willfully making or filing false records or |
25 | | reports in
his or her
practice,
including but not limited |
26 | | to false records filed with State agencies or
departments.
|
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1 | | (15) Willfully failing to report an instance of |
2 | | suspected
abuse or
neglect as required by law.
|
3 | | (16) Physical illness, including but not limited to,
|
4 | | deterioration
through the aging process, or loss of motor |
5 | | skill, mental illness, or
disability that results in the
|
6 | | inability to practice the profession with reasonable |
7 | | judgment, skill,
or safety.
|
8 | | (17) Solicitation of professional services other than
|
9 | | permitted
advertising.
|
10 | | (18) Failure to provide a patient with a copy of his or
|
11 | | her record or
prescription in accordance with federal law.
|
12 | | (19) Conviction by any court of competent |
13 | | jurisdiction, either
within or
without this State, of any |
14 | | violation of any law governing the practice of
optometry, |
15 | | conviction in this or another State of any crime that
is a
|
16 | | felony under the laws of this State or conviction of a |
17 | | felony in a federal
court, if the Department determines, |
18 | | after investigation, that such person
has not been |
19 | | sufficiently rehabilitated to warrant the public trust.
|
20 | | (20) A finding that licensure has been applied for or |
21 | | obtained
by
fraudulent means.
|
22 | | (21) Continued practice by a person knowingly having an
|
23 | | infectious
or contagious
disease.
|
24 | | (22) Being named as a perpetrator in an indicated |
25 | | report by
the
Department of Children and Family Services |
26 | | under the Abused and
Neglected Child Reporting Act, and |
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1 | | upon proof by clear and
convincing evidence that the |
2 | | licensee has caused a child to be an abused
child or a |
3 | | neglected child as defined in the Abused and Neglected |
4 | | Child
Reporting Act.
|
5 | | (23) Practicing or attempting to practice under a name |
6 | | other
than the
full name as shown on his or her license.
|
7 | | (24) Immoral conduct in the commission of any act, such |
8 | | as
sexual abuse,
sexual misconduct or sexual exploitation, |
9 | | related to the licensee's
practice.
|
10 | | (25) Maintaining a professional relationship with any |
11 | | person,
firm, or
corporation when the optometrist knows, or |
12 | | should know, that such person,
firm, or corporation is |
13 | | violating this Act.
|
14 | | (26) Promotion of the sale of drugs, devices, |
15 | | appliances or
goods
provided for a client or patient in |
16 | | such manner as to exploit the patient
or client for |
17 | | financial gain of the licensee.
|
18 | | (27) Using the title "Doctor" or its abbreviation |
19 | | without
further
qualifying that title or abbreviation with |
20 | | the word "optometry" or
"optometrist".
|
21 | | (28) Use by a licensed optometrist of the
word
|
22 | | "infirmary",
"hospital", "school", "university", in |
23 | | English or any other
language, in connection with the place |
24 | | where optometry may be practiced or
demonstrated unless the |
25 | | licensee is employed by and practicing at a location that |
26 | | is licensed as a hospital or accredited as a school or |
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1 | | university.
|
2 | | (29) Continuance of an optometrist in the employ of any
|
3 | | person, firm or
corporation, or as an assistant to any |
4 | | optometrist or optometrists,
directly or indirectly, after |
5 | | his or her employer or superior has been
found
guilty of |
6 | | violating or has been enjoined from violating the laws of |
7 | | the
State of Illinois relating to the practice of |
8 | | optometry, when the employer
or superior persists in that |
9 | | violation.
|
10 | | (30) The performance of optometric service in |
11 | | conjunction with
a scheme
or plan with another person, firm |
12 | | or corporation known to be advertising in
a manner contrary |
13 | | to this Act or otherwise violating the laws of the State of
|
14 | | Illinois concerning the practice of optometry.
|
15 | | (31) Failure to provide satisfactory proof of having
|
16 | | participated in
approved continuing education programs as |
17 | | determined by the Board and
approved by the Secretary. |
18 | | Exceptions for extreme hardships are to be
defined by the |
19 | | rules of the Department.
|
20 | | (32) Willfully making or filing false records or |
21 | | reports in
the practice
of optometry, including, but not |
22 | | limited to false records to support claims
against the |
23 | | medical assistance program of the Department of Healthcare |
24 | | and Family Services (formerly Department of Public Aid)
|
25 | | under the Illinois Public Aid Code.
|
26 | | (33) Gross and willful overcharging for professional |
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1 | | services
including
filing false statements for collection |
2 | | of fees for which services are not
rendered, including, but |
3 | | not limited to filing false statements for
collection of |
4 | | monies for services not rendered from the medical |
5 | | assistance
program of the Department of Healthcare and |
6 | | Family Services (formerly Department of Public Aid) under |
7 | | the Illinois Public Aid
Code.
|
8 | | (34) In the absence of good reasons to the contrary, |
9 | | failure
to perform a
minimum eye examination as required by |
10 | | the rules of the Department.
|
11 | | (35) Violation of the Health Care Worker Self-Referral |
12 | | Act.
|
13 | | The Department shall may refuse to issue or may suspend the |
14 | | license of any person who fails to file a return, or to pay the |
15 | | tax,
penalty or interest shown in a filed return, or to pay any |
16 | | final assessment
of the tax, penalty or interest, as required |
17 | | by any tax Act administered by
the Illinois Department of |
18 | | Revenue, until such time as the requirements of
any such tax |
19 | | Act are satisfied.
|
20 | | (a-5) In enforcing this Section, the Board or Department, |
21 | | upon a showing of a possible
violation, may compel any |
22 | | individual licensed to practice under this Act, or
who has |
23 | | applied for licensure or certification pursuant to this Act,
to |
24 | | submit to a
mental or physical
examination, or both, as |
25 | | required by and at the expense of the Department. The
examining |
26 | | physicians or clinical psychologists shall be those |
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1 | | specifically
designated by the Department Board . The Board or |
2 | | the Department may order the examining
physician or clinical |
3 | | psychologist to present testimony concerning this mental
or |
4 | | physical examination of the licensee or applicant. No |
5 | | information shall be
excluded by reason of any common law or |
6 | | statutory privilege relating to
communications between the |
7 | | licensee or applicant and the examining physician or
clinical |
8 | | psychologist. Eye examinations may be provided by a licensed
|
9 | | optometrist. The individual to be examined may have,
at his or |
10 | | her own expense, another physician of his or her choice present
|
11 | | during all aspects of the examination. Failure of any |
12 | | individual to submit to
a mental or physical examination, when |
13 | | directed, shall be grounds for
suspension of a license until |
14 | | such time as the individual submits to the
examination if the |
15 | | Board or Department finds, after notice and hearing, that the |
16 | | refusal to
submit to the examination was without reasonable |
17 | | cause.
|
18 | | If the Board or Department finds an individual unable to |
19 | | practice because of the reasons
set forth in this Section, the |
20 | | Board or Department shall require such individual to submit to
|
21 | | care, counseling, or treatment by physicians or clinical |
22 | | psychologists approved
or designated by the Department Board , |
23 | | as a condition, term, or restriction for continued,
reinstated, |
24 | | or renewed licensure to practice, or in lieu of care, |
25 | | counseling,
or treatment, the Board may recommend to the |
26 | | Department to file a complaint to immediately suspend, revoke, |
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1 | | or otherwise discipline the
license of the individual, or the |
2 | | Board may recommend to the Department to file
a complaint to |
3 | | suspend, revoke, or otherwise discipline the license of the
|
4 | | individual. Any individual whose license was granted pursuant |
5 | | to this Act, or
continued, reinstated, renewed, disciplined, or |
6 | | supervised, subject to such
conditions, terms, or |
7 | | restrictions, who shall fail to comply with such
conditions, |
8 | | terms, or restrictions, shall be referred to the Secretary for |
9 | | a
determination as to whether the individual shall have his or |
10 | | her license
suspended immediately, pending a hearing by the |
11 | | Board.
|
12 | | (b) The determination by a circuit court that a licensee is |
13 | | subject to
involuntary admission or judicial admission as |
14 | | provided in the Mental
Health and Developmental Disabilities |
15 | | Code operates as an
automatic suspension. The suspension will |
16 | | end only upon a finding by a
court that the patient is no |
17 | | longer subject to involuntary admission or
judicial admission |
18 | | and issues an order so finding and discharging the
patient; and |
19 | | upon the recommendation of the Board to the Secretary
that
the |
20 | | licensee be allowed to resume his or her practice.
|
21 | | (Source: P.A. 99-43, eff. 1-1-16 .)
|
22 | | (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
|
23 | | (Section scheduled to be repealed on January 1, 2017)
|
24 | | Sec. 26.2. Investigation; notice. The Department may |
25 | | investigate the
actions of any applicant
or of any person or |
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1 | | persons holding or claiming to hold a license. The
Department |
2 | | shall, before suspending, revoking, placing on probationary
|
3 | | status, or taking any other disciplinary action as the |
4 | | Department may deem
proper with regard to any license, at least |
5 | | 30 days prior
to the date set for the hearing, notify the |
6 | | accused in writing of any
charges made and the time and place |
7 | | for a hearing of the charges before the
Board, direct him or |
8 | | her to file his or her written
answer to the Board
under
oath |
9 | | within 20 days after the service on him or her of the notice |
10 | | and
inform him or her
that if he or she fails to file an answer |
11 | | default will be taken against
him or her and
his or her license |
12 | | may be suspended, revoked, placed on
probationary status, or |
13 | | have other disciplinary action, including limiting
the scope, |
14 | | nature or extent of his or her practice, as the Department may
|
15 | | deem
proper taken with regard thereto. The Such written notice |
16 | | and any notice in the subsequent proceeding may be served by
|
17 | | personal delivery or by regular or certified delivery or |
18 | | certified or registered mail to
the applicant's or licensee's |
19 | | address of record Department .
In case the person fails to file |
20 | | an answer after receiving notice, his or
her license may, in |
21 | | 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 |
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1 | | this Act.
At the time and place fixed in the notice, the |
2 | | Department
shall proceed to hear the charges and the parties or |
3 | | their counsel shall be
accorded ample opportunity to present |
4 | | such statements, testimony, evidence
and argument as may be |
5 | | pertinent to the charges or to their
defense.
The Department |
6 | | may continue the hearing from time to time.
At the discretion |
7 | | of the Secretary after having first received the
recommendation |
8 | | of the Board, the accused person's license may
be suspended,
|
9 | | revoked, placed on probationary status, or whatever |
10 | | disciplinary action as
the Secretary may deem proper, including |
11 | | limiting the scope, nature,
or extent of
said person's |
12 | | practice, without a hearing, if the act or acts charged
|
13 | | constitute sufficient grounds for such action under this Act.
|
14 | | (Source: P.A. 94-787, eff. 5-19-06.)
|
15 | | (225 ILCS 80/26.6) (from Ch. 111, par. 3926.6)
|
16 | | (Section scheduled to be repealed on January 1, 2017)
|
17 | | Sec. 26.6. Findings of fact, conclusions of law, and |
18 | | recommendations.
At
the conclusion of the hearing the Board |
19 | | shall
present to the Secretary a written report of its findings |
20 | | of fact,
conclusions of law and recommendations. The report |
21 | | shall contain a finding
whether or not the accused person |
22 | | violated this Act or failed to comply
with the conditions |
23 | | required in this Act. The Board shall
specify the
nature of the |
24 | | violation or failure to comply, and shall make its
|
25 | | recommendations to the Secretary.
|
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1 | | The report of findings of fact, conclusions of law and |
2 | | recommendations of
the Board shall be the basis for the |
3 | | Department's order.
If the Secretary disagrees in any
regard |
4 | | with the report of the Board, the Secretary may issue
an order |
5 | | in
contravention thereof. The Secretary
shall provide within 60 |
6 | | days of taking
such action a written report to the
Board on any |
7 | | such deviation, and shall specify with
particularity the
|
8 | | reasons for said action in the final order. The finding is not |
9 | | admissible
in evidence against the person in a criminal |
10 | | prosecution brought for the
violation of this Act, but the |
11 | | hearing and findings are not a bar to a
criminal prosecution |
12 | | brought for the violation of this Act.
|
13 | | At any point in any investigation or disciplinary |
14 | | proceeding provided for in this Act, both parties may agree to |
15 | | a negotiated consent order. The consent order shall be final |
16 | | upon the signature of the Secretary. |
17 | | (Source: P.A. 94-787, eff. 5-19-06.)
|
18 | | (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
|
19 | | (Section scheduled to be repealed on January 1, 2017)
|
20 | | Sec. 26.7. Hearing officer. Notwithstanding the provisions |
21 | | of Section
26.6 of this
Act, the Secretary shall have the |
22 | | authority to appoint any attorney duly
licensed to practice law |
23 | | in the State of Illinois to serve as the hearing
officer in any |
24 | | action for discipline of a
license. The Secretary
shall notify |
25 | | the Board of any such
appointment. The hearing officer shall |
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1 | | have full authority to conduct the
hearing. The Board shall |
2 | | have the right to have at least one
member
present at any |
3 | | hearing conducted by such hearing officer. The hearing
officer |
4 | | shall report his or her findings of fact, conclusions
of law |
5 | | and recommendations to the Board and the Secretary.
The Board |
6 | | shall have 60 days from receipt of the report to
review the
|
7 | | report of the hearing officer and present its findings of fact,
|
8 | | conclusions of law and recommendations to the Secretary. If the |
9 | | Board
fails to present its report within the 60 day period, the |
10 | | Secretary shall
issue an order based on the report of the |
11 | | hearing officer. If the Secretary
disagrees in any regard with |
12 | | the report of the Board or
hearing
officer, he or she may issue |
13 | | an order in contravention thereof. The
Secretary
shall provide |
14 | | a written explanation to the Board on any such
deviation, and |
15 | | shall specify with particularity the reasons for such action
in |
16 | | the final order.
|
17 | | (Source: P.A. 94-787, eff. 5-19-06.)
|
18 | | (225 ILCS 80/26.8) (from Ch. 111, par. 3926.8)
|
19 | | (Section scheduled to be repealed on January 1, 2017)
|
20 | | Sec. 26.8. Service of report; rehearing; order. In any case |
21 | | involving
the
discipline of a license, a copy of the Board's |
22 | | and hearing officer's report shall
be served
upon the |
23 | | respondent by the Department, either personally or as provided |
24 | | in
this Act for the service of the notice of hearing. Within 20 |
25 | | days after
such service, the respondent may present to the |
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1 | | Department a motion in
writing for a rehearing, which motion |
2 | | shall specify the particular grounds
therefor. If no motion for |
3 | | rehearing is filed, then upon the expiration of
the time |
4 | | specified for filing such a motion, or if a motion for |
5 | | rehearing
is denied, then upon such denial the Secretary may |
6 | | enter an order in
accordance with this Act.
If the respondent |
7 | | shall order from the reporting service, and pay for a
|
8 | | transcript of the record within the time for filing a motion |
9 | | for rehearing,
the 20 day period within which such a motion may |
10 | | be filed shall commence
upon the delivery of the transcript to |
11 | | the respondent.
|
12 | | (Source: P.A. 94-787, eff. 5-19-06.)
|
13 | | (225 ILCS 80/26.15) (from Ch. 111, par. 3926.15)
|
14 | | (Section scheduled to be repealed on January 1, 2017)
|
15 | | Sec. 26.15. Certification of record. The Department shall |
16 | | not be
required to certify any
record to the Court or file any |
17 | | answer in court or otherwise appear in any
court in a judicial |
18 | | review proceeding, unless and until the Department has received |
19 | | from the plaintiff there is filed in the court,
with the |
20 | | complaint, a receipt from the Department acknowledging payment |
21 | | of
the costs of furnishing and certifying the record , which |
22 | | costs shall be determined by the Department . Failure on the
|
23 | | part of the plaintiff to file a receipt in Court shall be |
24 | | grounds
for dismissal of the action.
|
25 | | (Source: P.A. 87-1031 .)
|
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1 | | (225 ILCS 80/27) (from Ch. 111, par. 3927)
|
2 | | (Section scheduled to be repealed on January 1, 2017)
|
3 | | Sec. 27. Administrative Procedure Act. The Illinois |
4 | | Administrative
Procedure Act is hereby expressly adopted and |
5 | | incorporated herein as if all of
the provisions of that Act |
6 | | were included in this Act, except that the provision
of |
7 | | subsection (d) of Section 10-65 of the Illinois Administrative |
8 | | Procedure Act
that provides that at hearings the licensee has |
9 | | the right to show compliance
with all lawful requirements for |
10 | | retention, continuation or renewal of the
license is |
11 | | specifically excluded. For the purpose of this Act the notice
|
12 | | required under Section 10-25 of the Administrative Procedure |
13 | | Act is deemed
sufficient when mailed to the last known address |
14 | | of a party.
|
15 | | (Source: P.A. 88-45 .)
|
16 | | (225 ILCS 80/30 new) |
17 | | Sec. 30. Confidentiality. All information collected by the |
18 | | Department in the course of an examination or investigation of |
19 | | a licensee or applicant, including, but not limited to, any |
20 | | complaint against a license filed with the Department and |
21 | | information collected to investigate any such complaint, shall |
22 | | be maintained for the confidential use of the Department and |
23 | | shall not be disclosed. The Department may not disclose the |
24 | | information to anyone other than law enforcement officials, |
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1 | | other regulatory agencies that have an appropriate regulatory |
2 | | interest as determined by the Secretary, or a party presenting |
3 | | a lawful subpoena to the Department. Information and documents |
4 | | disclosed to a federal, State, county, or local law enforcement |
5 | | agency shall not be disclosed by the agency for any purpose to |
6 | | any other agency or person. A formal complaint filed against a |
7 | | licensee by the Department or any order issued by the |
8 | | Department against a licensee or applicant shall be a public |
9 | | record, except as otherwise prohibited by law.
|
10 | | Section 99. Effective date. This Act takes effect January |
11 | | 1, 2017.".
|