Sen. Pamela J. Althoff

Filed: 4/19/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2899

2    AMENDMENT NO. ______. Amend Senate Bill 2899 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2017.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
8are repealed on January 1, 2017:
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,
13XXXI 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 Act repealed on January 1, 2027.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
2Act is repealed on January 1, 2027:
3    The Optometric Practice Act of 1984.
 
4    Section 10. The Illinois Optometric Practice Act of 1987 is
5amended by changing the title of the Act and Sections 3, 9, 10,
611, 14, 15.1, 18, 20, 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15,
7and 27 and by adding Sections 9.5 and 30 as follows:
 
8    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 3. Practice of optometry defined; referrals;
11manufacture of lenses and prisms.
12    (a) The practice of optometry is defined as the employment
13of any and all means for the examination, diagnosis, and
14treatment of the human visual system, the human eye, and its
15appendages without the use of surgery, including, but not
16limited to: the appropriate use of ocular pharmaceutical
17agents; refraction and other determinants of visual function;
18prescribing corrective lenses or prisms; prescribing,
19dispensing, or management of contact lenses; vision therapy;
20visual rehabilitation; or any other procedures taught in
21schools and colleges of optometry approved by the Department,
22and not specifically restricted in this Act, subject to
23demonstrated competency and training as required by the Board,
24and pursuant to rule or regulation approved by the Board and

 

 

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1adopted by the Department.
2    A person shall be deemed to be practicing optometry within
3the meaning of this Act who:
4        (1) In any way presents himself or herself to be
5    qualified to practice optometry.
6        (2) Performs refractions or employs any other
7    determinants of visual function.
8        (3) Employs any means for the adaptation of lenses or
9    prisms.
10        (4) Prescribes corrective lenses, prisms, vision
11    therapy, visual rehabilitation, or ocular pharmaceutical
12    agents.
13        (5) Prescribes or manages contact lenses for
14    refractive, cosmetic, or therapeutic purposes.
15        (6) Evaluates the need for, or prescribes, low vision
16    aids to partially sighted persons.
17        (7) Diagnoses or treats any ocular abnormality,
18    disease, or visual or muscular anomaly of the human eye or
19    visual system.
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
26prevent a person from functioning as an assistant under the

 

 

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1direct supervision of a person licensed by the State of
2Illinois to practice optometry or medicine in all of its
3branches or (B) (ii) to prohibit visual screening programs that
4are conducted without a fee (other than voluntary donations),
5by charitable organizations acting in the public welfare under
6the supervision of a committee composed of persons licensed by
7the State of Illinois to practice optometry or persons licensed
8by the State of Illinois to practice medicine in all of its
9branches.
10    (b) When, in the course of providing optometric services to
11any person, an optometrist licensed under this Act finds an
12indication of a disease or condition of the eye which in his or
13her professional judgment requires professional service
14outside the scope of practice as defined in this Act, he or she
15shall refer such person to a physician licensed to practice
16medicine in all of its branches, or other appropriate health
17care practitioner. Nothing in this Act shall preclude an
18optometrist from rendering appropriate nonsurgical emergency
19care.
20    (c) Nothing contained in this Section shall prohibit a
21person from manufacturing ophthalmic lenses and prisms or the
22fabrication of contact lenses according to the specifications
23prescribed by an optometrist or a physician licensed to
24practice medicine in all of its branches, but shall
25specifically prohibit (1) the sale or delivery of ophthalmic
26lenses, prisms, and contact lenses without a prescription

 

 

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1signed by an optometrist or a physician licensed to practice
2medicine in all of its branches and (2) the dispensing of
3contact lenses by anyone other than a licensed optometrist,
4licensed pharmacist, or a physician licensed to practice
5medicine in all of its branches. For the purposes of this Act,
6"contact lenses" include, but are not limited to, contact
7lenses with prescriptive power and decorative and plano power
8contact lenses. Nothing in this Section shall prohibit the sale
9of contact lenses by an optical firm or corporation primarily
10engaged in manufacturing or dealing in eyeglasses or contact
11lenses with an affiliated optometrist who practices and is
12licensed or has an ancillary registration for the location
13where the sale occurs.
14    (d) Nothing in this Act shall restrict the filling of a
15prescription by a pharmacist licensed under the Pharmacy
16Practice Act.
17    (e) Nothing in this Act shall be construed to restrict the
18dispensing and sale by an optometrist of ocular devices, such
19as contact lenses, that contain and deliver ocular
20pharmaceutical agents permitted for use or prescription under
21this Act.
22    (f) Nothing in this Act shall prohibit an optometrist from:
23(1) the probing, dilation, and irrigation of the lacrimal ducts
24or insertion and removal of lacrimal plugs; (2) removal of a
25superficial foreign body; (3) suture removal; (4) removal of
26eyelashes; (5) removal, destruction, or drainage of

 

 

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1superficial lesions and conjunctival cysts, including
2chalazion; (6) corneal debridement, culture, scrape, or
3anterior puncture, not including removal of pterygium, corneal
4biopsy, or corneal neoplasias; and (7) corneal shaping with
5external devices, such as contact lenses.
6    Removal, destruction, or drainage of superficial lesions
7and conjunctival cysts and corneal debridement, culture,
8scrape, or anterior puncture are only permitted by an
9optometrist who meets the educational requirements established
10by the Department in rule, which shall include both clinical
11training and didactic education.
12(Source: P.A. 98-186, eff. 8-5-13.)
 
13    (225 ILCS 80/9)  (from Ch. 111, par. 3909)
14    (Section scheduled to be repealed on January 1, 2017)
15    Sec. 9. Definitions. In this Act:
16        (1) "Department" means the Department of Financial and
17    Professional Regulation.
18        (2) "Secretary" means the Secretary of Financial and
19    Professional Regulation.
20        (3) "Board" means the Illinois Optometric Licensing
21    and Disciplinary Board appointed by the Secretary.
22        (4) "License" means the document issued by the
23    Department authorizing the person named thereon to
24    practice optometry.
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
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.
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.)
 
20    (225 ILCS 80/9.5 new)
21    Sec. 9.5. Change of address. It is the duty of the
22applicant or licensee to inform the Department of any change of
23address within 14 days after such change either through the
24Department's website or by contacting the Department's
25licensure maintenance unit.
 

 

 

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1    (225 ILCS 80/10)  (from Ch. 111, par. 3910)
2    (Section scheduled to be repealed on January 1, 2017)
3    Sec. 10. Powers and duties of Department; rules; report.
4The Department shall exercise the powers and duties prescribed
5by the Civil Administrative Code of Illinois for the
6administration of Licensing Acts and shall exercise such other
7powers and duties necessary for effectuating the purpose of
8this Act.
9    The Secretary shall promulgate Rules consistent with the
10provisions of this Act, for the administration and enforcement
11thereof and may prescribe forms that shall be issued in
12connection therewith. The rules shall include standards and
13criteria for licensure and certification, and professional
14conduct and discipline.
15    The Department shall consult with the Board in promulgating
16rules. Notice of proposed rulemaking shall be transmitted to
17the Board and the Department shall review the Board's responses
18and any recommendations made therein. The Department shall
19notify the Board in writing with explanations of deviations
20from the Board's recommendations and responses. The Department
21may solicit the advice of the Board on any matter relating to
22the administration and enforcement of this Act.
23(Source: P.A. 94-787, eff. 5-19-06.)
 
24    (225 ILCS 80/11)  (from Ch. 111, par. 3911)

 

 

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1    (Section scheduled to be repealed on January 1, 2017)
2    Sec. 11. Optometric Licensing and Disciplinary Board. The
3Secretary shall appoint an Illinois Optometric Licensing and
4Disciplinary Board as follows: Seven persons who shall be
5appointed by and shall serve in an advisory capacity to the
6Secretary. Five members must be lawfully and actively engaged
7in the practice of optometry in this State, one member shall be
8a licensed optometrist, with a full-time faculty appointment
9with the Illinois College of Optometry, and one member must be
10a member of the public who shall be a voting member and is not
11licensed under this Act, or a similar Act of another
12jurisdiction, or have any connection with the profession.
13Neither the public member nor the faculty member shall
14participate in the preparation or administration of the
15examination of applicants for licensure.
16    Members shall serve 4-year terms and until their successors
17are appointed and qualified. No member shall be appointed to
18the Board for more than 2 successive 4-year terms, not counting
19any partial terms when appointed to fill the unexpired portion
20of a vacated term. Appointments to fill vacancies shall be made
21in the same manner as original appointments, for the unexpired
22portion of the vacated term.
23    The Board shall annually elect a chairperson and a
24vice-chairperson, both of whom shall be licensed optometrists.
25    The membership of the Board should reasonably reflect
26representation from the geographic areas in this State.

 

 

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1    A majority of the Board members currently appointed shall
2constitute a quorum. A vacancy in the membership of the Board
3shall not impair the right of a quorum to perform all of the
4duties of the Board.
5    The Secretary may terminate the appointment of any member
6for cause.
7    The members of the Board shall be reimbursed for all
8authorized legitimate and necessary expenses incurred in
9attending the meetings of the Board.
10    Members of the Board shall have no liability in any action
11based upon any disciplinary proceeding or other activity
12performed in good faith as a member of the Board.
13    The Secretary shall give due consideration to all
14recommendations of the Board, and in the event that the
15Secretary disagrees with or takes action contrary to the
16recommendation of the Board, he or she shall provide the Board
17with a written and specific explanation of this action. None of
18the functions, powers or duties of the Department with respect
19to policy matters relating to licensure, discipline, and
20examination, including the promulgation of such rules as may be
21necessary for the administration of this Act, shall be
22exercised by the Department except upon review of the Board.
23    Without, in any manner, limiting the power of the
24Department to conduct investigations, the Board may recommend
25to the Secretary that one or more licensed optometrists be
26selected by the Secretary to conduct or assist in any

 

 

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1investigation pursuant to this Act. Such licensed optometrist
2may receive remuneration as determined by the Secretary.
3(Source: P.A. 96-270, eff. 1-1-10.)
 
4    (225 ILCS 80/14)  (from Ch. 111, par. 3914)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 14. A person shall be qualified for initial licensure
7as an optometrist if that person has applied in writing in form
8and substance satisfactory to the Department and who:
9    (1) (blank) has not been convicted of any of the provisions
10of Section 24 of this Act which would be grounds for discipline
11under this Act;
12    (2) has graduated, after January 1, 1994, from a program of
13optometry education approved by the Department or has
14graduated, prior to January 1, 1994, and has met substantially
15equivalent criteria established by the Department;
16    (3) (blank); and
17    (4) has met all examination requirements including the
18passage of a nationally recognized examination authorized by
19the Department. Each applicant shall be tested on theoretical
20knowledge and clinical practice skills.
21(Source: P.A. 94-787, eff. 5-19-06.)
 
22    (225 ILCS 80/15.1)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 15.1. Diagnostic and therapeutic authority.

 

 

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1    (a) For purposes of the Act, "ocular pharmaceutical agents"
2means topical anesthetics, topical mydriatics, topical
3cycloplegics, topical miotics and mydriatic reversing agents,
4anti-infective agents, anti-allergy agents, anti-glaucoma
5agents (except oral carbonic anhydrase inhibitors, which may be
6prescribed only in a quantity sufficient to provide treatment
7for up to 72 hours), anti-inflammatory agents (except oral
8steroids), over-the-counter agents, analgesic agents, anti-dry
9eye agents, and agents for the treatment of hypotrichosis.
10    (a-3) In addition to ocular pharmaceutical agents that fall
11within the categories set forth in subsection (a) of this
12Section, the Board may add a pharmaceutical agent approved by
13the FDA or class of agents for the purpose of the diagnosis or
14treatment of conditions of the eye and adnexa after
15consideration of the agent's systemic effects, side effects,
16and the use of the agent within the practice of optometry. The
17Board shall consider requests for additional agents and make
18recommendations within 90 days after the receipt of the
19request.
20    Within 45 days after the Board's recommendation to the
21Department of a pharmaceutical agent or class of agents, the
22Department shall promulgate rules necessary to allow for the
23prescribing or administering of the pharmaceutical agent or
24class of agents under this Act.
25    (a-5) Ocular pharmaceutical agents may be administered by
26subcutaneous, subconjunctival, and intramuscular injections by

 

 

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1an optometrist who meets the educational requirements
2established by the Department by rule, which shall include both
3clinical training and didactic education. Retrobulbar,
4intraocular, and botulinum injections are not permitted.
5Intramuscular injections may be administered by injection may
6be used only for the treatment of anaphylaxis.
7    (a-10) Oral pharmaceutical agents may be prescribed for a
8child under 5 years of age only in consultation with a
9physician licensed to practice medicine in all its branches.
10    (a-15) The authority to prescribe a Schedule III, IV, or V
11controlled substance shall include analgesic agents only in a
12quantity sufficient to provide treatment for up to 72 hours.
13The prescription of a Schedule II controlled substance is
14prohibited, except for Dihydrocodeinone (Hydrocodone) with one
15or more active, non-narcotic ingredients only in a quantity
16sufficient to provide treatment for up to 72 hours, and only if
17such formulations of Dihydrocodeinone are reclassified as
18Schedule II by federal regulation.
19    (b) A licensed optometrist may remove superficial foreign
20bodies from the human eye and adnexa and may give orders for
21patient care to a nurse or other health care provider licensed
22to practice under Illinois law.
23    (c) An optometrist's license shall be revoked or suspended
24by the Department upon recommendation of the Board based upon
25either 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
6shall notify the Director of Public Health as to the categories
7of ocular pharmaceutical agents permitted for use by an
8optometrist. The Director of Public Health shall in turn notify
9every licensed pharmacist in the State of the categories of
10ocular pharmaceutical agents that can be utilized and
11prescribed by an optometrist.
12(Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
 
13    (225 ILCS 80/18)  (from Ch. 111, par. 3918)
14    (Section scheduled to be repealed on January 1, 2017)
15    Sec. 18. Endorsement. The Department may, in its
16discretion, license as an optometrist, without examination on
17payment of the required fee, an applicant who is so licensed
18under the laws of another state or U.S. jurisdiction of the
19United States. The Department may issue a license, upon payment
20of the required fee and recommendation of the Board, to an
21individual applicant who is licensed in any foreign country or
22province whose standards, in the opinion of the Board or
23Department, if the requirements for licensure in the
24jurisdiction in which the applicant was licensed, were, at the
25date of his or her licensure, substantially equivalent to the

 

 

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1requirements then in force in this State; or if the applicant
2possesses individual qualifications and skills which
3demonstrate substantial equivalence to current Illinois
4requirements.
5    Applicants have 3 years from the date of application to
6complete the application process. If the process has not been
7completed in 3 years, the application shall be denied, the fee
8forfeited and the applicant must reapply and meet the
9requirements in effect at the time of reapplication.
10(Source: P.A. 89-702, eff. 7-1-97.)
 
11    (225 ILCS 80/20)  (from Ch. 111, par. 3920)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 20. Fund. All moneys received by the Department
14pursuant to this Act shall be deposited in the Optometric
15Licensing and Disciplinary Board Fund, which is hereby created
16as a special fund in the State Treasury, and shall be used for
17the administration of this Act, including: (a) by the Board and
18Department in the exercise of its powers and performance of its
19duties, as such use is made by the Department with full
20consideration of all recommendations of the Board; (b) for
21costs directly related to license renewal of persons licensed
22under this Act; and (c) for direct and allocable indirect costs
23related to the public purposes of the Department of Financial
24and Professional Regulation. Subject to appropriation, moneys
25in the Optometric Licensing and Disciplinary Board Fund may be

 

 

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1used for the Optometric Education Scholarship Program
2administered by the Illinois Student Assistance Commission
3pursuant to Section 65.70 of the Higher Education Student
4Assistance Act.
5    Moneys in the Fund may be transferred to the Professions
6Indirect Cost Fund as authorized under Section 2105-300 of the
7Department of Professional Regulation Law (20 ILCS
82105/2105-300).
9    Money in the Optometric Licensing and Disciplinary Board
10Fund may be invested and reinvested, with all earnings received
11from such investment to be deposited in the Optometric
12Licensing and Disciplinary Board Fund and used for the same
13purposes as fees deposited in such fund.
14(Source: P.A. 94-787, eff. 5-19-06.)
 
15    (225 ILCS 80/21)  (from Ch. 111, par. 3921)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 21. The Department shall maintain a roster of the
18names and addresses of all licensees and of all persons whose
19licenses have been suspended or revoked. This roster shall be
20available upon written request and payment of the required fee.
21(Source: P.A. 94-787, eff. 5-19-06.)
 
22    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 24. Grounds for disciplinary action.

 

 

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1    (a) The Department may refuse to issue or to renew, or may
2revoke, suspend, place on probation, reprimand or take other
3disciplinary or non-disciplinary action as the Department may
4deem appropriate, including fines not to exceed $10,000 for
5each violation, with regard to any license for any one or
6combination of the causes set forth in subsection (a-3) of this
7Section. All fines collected under this Section shall be
8deposited in the Optometric Licensing and Disciplinary Board
9Fund. Any fine imposed shall be payable within 60 days after
10the effective date of the order imposing the fine.
11    (a-3) Grounds for disciplinary action include the
12following:
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
14license of any person who fails to file a return, or to pay the
15tax, penalty or interest shown in a filed return, or to pay any
16final assessment of the tax, penalty or interest, as required
17by any tax Act administered by the Illinois Department of
18Revenue, until such time as the requirements of any such tax
19Act are satisfied.
20    (a-5) In enforcing this Section, the Board or Department,
21upon a showing of a possible violation, may compel any
22individual licensed to practice under this Act, or who has
23applied for licensure or certification pursuant to this Act, to
24submit to a mental or physical examination, or both, as
25required by and at the expense of the Department. The examining
26physicians or clinical psychologists shall be those

 

 

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1specifically designated by the Department Board. The Board or
2the Department may order the examining physician or clinical
3psychologist to present testimony concerning this mental or
4physical examination of the licensee or applicant. No
5information shall be excluded by reason of any common law or
6statutory privilege relating to communications between the
7licensee or applicant and the examining physician or clinical
8psychologist. Eye examinations may be provided by a licensed
9optometrist. The individual to be examined may have, at his or
10her own expense, another physician of his or her choice present
11during all aspects of the examination. Failure of any
12individual to submit to a mental or physical examination, when
13directed, shall be grounds for suspension of a license until
14such time as the individual submits to the examination if the
15Board or Department finds, after notice and hearing, that the
16refusal to submit to the examination was without reasonable
17cause.
18    If the Board or Department finds an individual unable to
19practice because of the reasons set forth in this Section, the
20Board or Department shall require such individual to submit to
21care, counseling, or treatment by physicians or clinical
22psychologists approved or designated by the Department Board,
23as a condition, term, or restriction for continued, reinstated,
24or renewed licensure to practice, or in lieu of care,
25counseling, or treatment, the Board may recommend to the
26Department to file a complaint to immediately suspend, revoke,

 

 

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1or otherwise discipline the license of the individual, or the
2Board may recommend to the Department to file a complaint to
3suspend, revoke, or otherwise discipline the license of the
4individual. Any individual whose license was granted pursuant
5to this Act, or continued, reinstated, renewed, disciplined, or
6supervised, subject to such conditions, terms, or
7restrictions, who shall fail to comply with such conditions,
8terms, or restrictions, shall be referred to the Secretary for
9a determination as to whether the individual shall have his or
10her license suspended immediately, pending a hearing by the
11Board.
12    (b) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code operates as an automatic suspension. The suspension will
16end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and issues an order so finding and discharging the patient; and
19upon the recommendation of the Board to the Secretary that the
20licensee 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
25investigate the actions of any applicant or of any person or

 

 

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1persons holding or claiming to hold a license. The Department
2shall, before suspending, revoking, placing on probationary
3status, or taking any other disciplinary action as the
4Department may deem proper with regard to any license, at least
530 days prior to the date set for the hearing, notify the
6accused in writing of any charges made and the time and place
7for a hearing of the charges before the Board, direct him or
8her to file his or her written answer to the Board under oath
9within 20 days after the service on him or her of the notice
10and inform him or her that if he or she fails to file an answer
11default will be taken against him or her and his or her license
12may be suspended, revoked, placed on probationary status, or
13have other disciplinary action, including limiting the scope,
14nature or extent of his or her practice, as the Department may
15deem proper taken with regard thereto. The Such written notice
16and any notice in the subsequent proceeding may be served by
17personal delivery or by regular or certified delivery or
18certified or registered mail to the applicant's or licensee's
19address of record Department. In case the person fails to file
20an answer after receiving notice, his or her license may, in
21the discretion of the Department, be suspended, revoked, or
22placed on probationary status, or the Department may take
23whatever disciplinary action deemed proper, including limiting
24the scope, nature, or extent of the person's practice or the
25imposition of a fine, without a hearing, if the act or acts
26charged constitute sufficient grounds for such action under

 

 

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1this Act. At the time and place fixed in the notice, the
2Department shall proceed to hear the charges and the parties or
3their counsel shall be accorded ample opportunity to present
4such statements, testimony, evidence and argument as may be
5pertinent to the charges or to their defense. The Department
6may continue the hearing from time to time. At the discretion
7of the Secretary after having first received the recommendation
8of the Board, the accused person's license may be suspended,
9revoked, placed on probationary status, or whatever
10disciplinary action as the Secretary may deem proper, including
11limiting the scope, nature, or extent of said person's
12practice, without a hearing, if the act or acts charged
13constitute 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
18recommendations. At the conclusion of the hearing the Board
19shall present to the Secretary a written report of its findings
20of fact, conclusions of law and recommendations. The report
21shall contain a finding whether or not the accused person
22violated this Act or failed to comply with the conditions
23required in this Act. The Board shall specify the nature of the
24violation or failure to comply, and shall make its
25recommendations to the Secretary.

 

 

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1    The report of findings of fact, conclusions of law and
2recommendations of the Board shall be the basis for the
3Department's order. If the Secretary disagrees in any regard
4with the report of the Board, the Secretary may issue an order
5in contravention thereof. The Secretary shall provide within 60
6days of taking such action a written report to the Board on any
7such deviation, and shall specify with particularity the
8reasons for said action in the final order. The finding is not
9admissible in evidence against the person in a criminal
10prosecution brought for the violation of this Act, but the
11hearing and findings are not a bar to a criminal prosecution
12brought for the violation of this Act.
13    At any point in any investigation or disciplinary
14proceeding provided for in this Act, both parties may agree to
15a negotiated consent order. The consent order shall be final
16upon 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
21of Section 26.6 of this Act, the Secretary shall have the
22authority to appoint any attorney duly licensed to practice law
23in the State of Illinois to serve as the hearing officer in any
24action for discipline of a license. The Secretary shall notify
25the Board of any such appointment. The hearing officer shall

 

 

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1have full authority to conduct the hearing. The Board shall
2have the right to have at least one member present at any
3hearing conducted by such hearing officer. The hearing officer
4shall report his or her findings of fact, conclusions of law
5and recommendations to the Board and the Secretary. The Board
6shall have 60 days from receipt of the report to review the
7report of the hearing officer and present its findings of fact,
8conclusions of law and recommendations to the Secretary. If the
9Board fails to present its report within the 60 day period, the
10Secretary shall issue an order based on the report of the
11hearing officer. If the Secretary disagrees in any regard with
12the report of the Board or hearing officer, he or she may issue
13an order in contravention thereof. The Secretary shall provide
14a written explanation to the Board on any such deviation, and
15shall specify with particularity the reasons for such action in
16the 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
21involving the discipline of a license, a copy of the Board's
22and hearing officer's report shall be served upon the
23respondent by the Department, either personally or as provided
24in this Act for the service of the notice of hearing. Within 20
25days after such service, the respondent may present to the

 

 

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1Department a motion in writing for a rehearing, which motion
2shall specify the particular grounds therefor. If no motion for
3rehearing is filed, then upon the expiration of the time
4specified for filing such a motion, or if a motion for
5rehearing is denied, then upon such denial the Secretary may
6enter an order in accordance with this Act. If the respondent
7shall order from the reporting service, and pay for a
8transcript of the record within the time for filing a motion
9for rehearing, the 20 day period within which such a motion may
10be filed shall commence upon the delivery of the transcript to
11the 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
16not be required to certify any record to the Court or file any
17answer in court or otherwise appear in any court in a judicial
18review proceeding, unless and until the Department has received
19from the plaintiff there is filed in the court, with the
20complaint, a receipt from the Department acknowledging payment
21of the costs of furnishing and certifying the record, which
22costs shall be determined by the Department. Failure on the
23part of the plaintiff to file a receipt in Court shall be
24grounds 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
4Administrative Procedure Act is hereby expressly adopted and
5incorporated herein as if all of the provisions of that Act
6were included in this Act, except that the provision of
7subsection (d) of Section 10-65 of the Illinois Administrative
8Procedure Act that provides that at hearings the licensee has
9the right to show compliance with all lawful requirements for
10retention, continuation or renewal of the license is
11specifically excluded. For the purpose of this Act the notice
12required under Section 10-25 of the Administrative Procedure
13Act is deemed sufficient when mailed to the last known address
14of a party.
15(Source: P.A. 88-45.)
 
16    (225 ILCS 80/30 new)
17    Sec. 30. Confidentiality. All information collected by the
18Department in the course of an examination or investigation of
19a licensee or applicant, including, but not limited to, any
20complaint against a license filed with the Department and
21information collected to investigate any such complaint, shall
22be maintained for the confidential use of the Department and
23shall not be disclosed. The Department may not disclose the
24information to anyone other than law enforcement officials,

 

 

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1other regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or a party presenting
3a lawful subpoena to the Department. Information and documents
4disclosed to a federal, State, county, or local law enforcement
5agency shall not be disclosed by the agency for any purpose to
6any other agency or person. A formal complaint filed against a
7licensee by the Department or any order issued by the
8Department against a licensee or applicant shall be a public
9record, except as otherwise prohibited by law.
 
10    Section 99. Effective date. This Act takes effect January
111, 2017.".