96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4876

 

Introduced 1/15/2010, by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 75/3.1
225 ILCS 75/3.2
225 ILCS 80/3   from Ch. 111, par. 3903

    Amends the Illinois Occupational Therapy Practice Act. Provides that visual therapy shall not be considered beyond an occupational therapist's scope of practice. Amends the Illinois Optometric Practice Act of 1987. Provides that nothing in the Act shall be construed to prohibit an occupational therapist who is licensed under the Illinois Occupational Therapy Practice Act from practicing visual therapy. Makes other changes. Effective immediately.


LRB096 17066 ASK 32387 b

 

 

A BILL FOR

 

HB4876 LRB096 17066 ASK 32387 b

1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Occupational Therapy Practice Act
5 is amended by changing Sections 3.1 and 3.2 as follows:
 
6     (225 ILCS 75/3.1)
7     (Section scheduled to be repealed on January 1, 2014)
8     Sec. 3.1. Referrals. A licensed occupational therapist or
9 licensed occupational therapy assistant may consult with,
10 educate, evaluate, and monitor services for clients concerning
11 non-medical occupational therapy needs. Implementation of
12 direct occupational therapy to individuals for their specific
13 health care conditions shall be based upon a referral from a
14 licensed physician, dentist, podiatrist, advanced practice
15 nurse who has a written collaborative agreement with a
16 collaborating physician to provide or accept referrals from
17 licensed occupational therapists, physician assistant who has
18 been delegated authority to provide or accept referrals from or
19 to licensed occupational therapists, or optometrist.
20     An occupational therapist shall refer to a licensed
21 physician, dentist, optometrist, advanced practice nurse,
22 physician assistant, or podiatrist any patient whose medical
23 condition should, at the time of evaluation or treatment, be

 

 

HB4876 - 2 - LRB096 17066 ASK 32387 b

1 determined to be beyond the scope of practice of the
2 occupational therapist. Visual therapy shall not be considered
3 beyond an occupational therapist's scope of practice.
4 (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
5 eff. 8-20-04.)
 
6     (225 ILCS 75/3.2)
7     (Section scheduled to be repealed on January 1, 2014)
8     Sec. 3.2. Practice of optometry.
9     (a) No rule shall be adopted under this Act that allows an
10 occupational therapist to perform an act, task, or function
11 primarily performed in the lawful practice of optometry under
12 the Illinois Optometric Practice Act of 1987, except for visual
13 therapy.
14     (b) An occupational therapist may not perform an act, task,
15 or function primarily performed in the lawful practice of
16 optometry under the Illinois Optometric Practice Act of 1987,
17 except for visual therapy.
18 (Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651,
19 eff. 7-11-02.)
 
20     Section 10. The Illinois Optometric Practice Act of 1987 is
21 amended by changing Section 3 as follows:
 
22     (225 ILCS 80/3)  (from Ch. 111, par. 3903)
23     (Section scheduled to be repealed on January 1, 2017)

 

 

HB4876 - 3 - LRB096 17066 ASK 32387 b

1     Sec. 3. Practice of optometry defined; referrals;
2 manufacture of lenses and prisms.
3     (a) The practice of optometry is defined as the employment
4 of any and all means for the examination, diagnosis, and
5 treatment of the human visual system, the human eye, and its
6 appendages without the use of surgery, including but not
7 limited to: the appropriate use of ocular pharmaceutical
8 agents; refraction and other determinants of visual function;
9 prescribing corrective lenses or prisms; prescribing,
10 dispensing, or management of contact lenses; vision therapy;
11 visual rehabilitation; or any other procedures taught in
12 schools and colleges of optometry approved by the Department,
13 and not specifically restricted in this Act, subject to
14 demonstrated competency and training as required by the Board,
15 and pursuant to rule or regulation approved by the Board and
16 adopted by the Department.
17     A person shall be deemed to be practicing optometry within
18 the meaning of this Act who:
19         (1) In any way presents himself or herself to be
20     qualified to practice optometry.
21         (2) Performs refractions or employs any other
22     determinants of visual function.
23         (3) Employs any means for the adaptation of lenses or
24     prisms.
25         (4) Prescribes corrective lenses, prisms, vision
26     therapy, visual rehabilitation, or ocular pharmaceutical

 

 

HB4876 - 4 - LRB096 17066 ASK 32387 b

1     agents.
2         (5) Prescribes or manages contact lenses for
3     refractive, cosmetic, or therapeutic purposes.
4         (6) Evaluates the need for, or prescribes, low vision
5     aids to partially sighted persons.
6         (7) Diagnoses or treats any ocular abnormality,
7     disease, or visual or muscular anomaly of the human eye or
8     visual system.
9         (8) Practices, or offers or attempts to practice,
10     optometry as defined in this Act either on his or her own
11     behalf or as an employee of a person, firm, or corporation,
12     whether under the supervision of his or her employer or
13     not.
14     Nothing in this Section shall be interpreted (i) to prevent
15 a person from functioning as an assistant under the direct
16 supervision of a person licensed by the State of Illinois to
17 practice optometry or medicine in all of its branches or (ii)
18 to prohibit visual screening programs that are conducted
19 without a fee (other than voluntary donations), by charitable
20 organizations acting in the public welfare under the
21 supervision of a committee composed of persons licensed by the
22 State of Illinois to practice optometry or persons licensed by
23 the State of Illinois to practice medicine in all of its
24 branches.
25     (b) When, in the course of providing optometric services to
26 any person, an optometrist licensed under this Act finds an

 

 

HB4876 - 5 - LRB096 17066 ASK 32387 b

1 indication of a disease or condition of the eye which in his or
2 her professional judgment requires professional service
3 outside the scope of practice as defined in this Act, he or she
4 shall refer such person to a physician licensed to practice
5 medicine in all of its branches, or other appropriate health
6 care practitioner. Nothing in this Act shall preclude an
7 optometrist from rendering appropriate nonsurgical emergency
8 care.
9     (c) Nothing contained in this Section shall prohibit a
10 person from manufacturing ophthalmic lenses and prisms or the
11 fabrication of contact lenses according to the specifications
12 prescribed by an optometrist or a physician licensed to
13 practice medicine in all of its branches, but shall
14 specifically prohibit the sale or delivery of ophthalmic
15 lenses, prisms, and contact lenses without a prescription
16 signed by an optometrist or a physician licensed to practice
17 medicine in all of its branches.
18     (d) Nothing in this Act shall restrict the filling of a
19 prescription by a pharmacist licensed under the Pharmacy
20 Practice Act.
21     (e) Nothing in this Act shall be construed to restrict the
22 dispensing and sale by an optometrist of ocular devices, such
23 as contact lenses, that contain and deliver ocular
24 pharmaceutical agents permitted for use or prescription under
25 this Act.
26     (f) Nothing in this Act shall be construed to prohibit an

 

 

HB4876 - 6 - LRB096 17066 ASK 32387 b

1 occupational therapist who is licensed under the Illinois
2 Occupational Therapy Practice Act from practicing visual
3 therapy.
4 (Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.