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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Sections 4.27 and 4.37 and adding Section 4.27a 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 Acts repealed on January 1, 2017.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8are repealed on January 1, 2017: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 Boiler and Pressure Vessel Repairer Regulation Act.
11    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13(Source: P.A. 99-78, eff. 7-20-15; 99-572, eff. 7-15-16.)
14    (5 ILCS 80/4.27a new)
15    Sec. 4.27a. Act repealed on December 31, 2017. The
16following Act is repealed on December 31, 2017:
17    The Medical Practice Act of 1987.
18    (5 ILCS 80/4.37)
19    Sec. 4.37. Acts repealed on January 1, 2027. The following
20Act is repealed on January 1, 2027:
21    The Clinical Psychologist Licensing Act.



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1    The Illinois Optometric Practice Act of 1987.
2(Source: P.A. 99-572, eff. 7-15-16.)
3    (5 ILCS 80/4.26a rep.)
4    Section 10. The Regulatory Sunset Act is amended by
5repealing Section 4.26a.
6    Section 15. The Medical Practice Act of 1987 is amended by
7changing Section 21 as follows:
8    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
9    (Section scheduled to be repealed on December 31, 2016)
10    Sec. 21. License renewal; reinstatement; inactive status;
11disposition and collection of fees.
12    (A) Renewal. The expiration date and renewal period for
13each license issued under this Act shall be set by rule. The
14holder of a license may renew the license by paying the
15required fee. The holder of a license may also renew the
16license within 90 days after its expiration by complying with
17the requirements for renewal and payment of an additional fee.
18A license renewal within 90 days after expiration shall be
19effective retroactively to the expiration date.
20    The Department shall attempt to provide through electronic
21means mail to each licensee under this Act, at his or her
22address of record, at least 60 days in advance of the
23expiration date of his or her license, a renewal notice. No



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1such license shall be deemed to have lapsed until 90 days after
2the expiration date and after the Department has attempted to
3provide such notice has been mailed by the Department as herein
5    (B) Reinstatement. Any licensee who has permitted his or
6her license to lapse or who has had his or her license on
7inactive status may have his or her license reinstated by
8making application to the Department and filing proof
9acceptable to the Department of his or her fitness to have the
10license reinstated, including evidence certifying to active
11practice in another jurisdiction satisfactory to the
12Department, proof of meeting the continuing education
13requirements for one renewal period, and by paying the required
14reinstatement fee.
15    If the licensee has not maintained an active practice in
16another jurisdiction satisfactory to the Department, the
17Licensing Board shall determine, by an evaluation program
18established by rule, the applicant's fitness to resume active
19status and may require the licensee to complete a period of
20evaluated clinical experience and may require successful
21completion of a practical examination specified by the
22Licensing Board.
23    However, any registrant whose license has expired while he
24or she has been engaged (a) in Federal Service on active duty
25with the Army of the United States, the United States Navy, the
26Marine Corps, the Air Force, the Coast Guard, the Public Health



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1Service or the State Militia called into the service or
2training of the United States of America, or (b) in training or
3education under the supervision of the United States
4preliminary to induction into the military service, may have
5his or her license reinstated without paying any lapsed renewal
6fees, if within 2 years after honorable termination of such
7service, training, or education, he or she furnishes to the
8Department with satisfactory evidence to the effect that he or
9she has been so engaged and that his or her service, training,
10or education has been so terminated.
11    (C) Inactive licenses. Any licensee who notifies the
12Department, in writing on forms prescribed by the Department,
13may elect to place his or her license on an inactive status and
14shall, subject to rules of the Department, be excused from
15payment of renewal fees until he or she notifies the Department
16in writing of his or her desire to resume active status.
17    Any licensee requesting reinstatement from inactive status
18shall be required to pay the current renewal fee, provide proof
19of meeting the continuing education requirements for the period
20of time the license is inactive not to exceed one renewal
21period, and shall be required to reinstate his or her license
22as provided in subsection (B).
23    Any licensee whose license is in an inactive status shall
24not practice in the State of Illinois.
25    (D) Disposition of monies collected. All monies collected
26under this Act by the Department shall be deposited in the



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1Illinois State Medical Disciplinary Fund in the State Treasury,
2and used only for the following purposes: (a) by the
3Disciplinary Board and Licensing Board in the exercise of its
4powers and performance of its duties, as such use is made by
5the Department with full consideration of all recommendations
6of the Disciplinary Board and Licensing Board, (b) for costs
7directly related to persons licensed under this Act, and (c)
8for direct and allocable indirect costs related to the public
9purposes of the Department.
10    Moneys in the Fund may be transferred to the Professions
11Indirect Cost Fund as authorized under Section 2105-300 of the
12Department of Professional Regulation Law (20 ILCS
14    The State Comptroller shall order and the State Treasurer
15shall transfer an amount equal to $1,100,000 from the Illinois
16State Medical Disciplinary Fund to the Local Government Tax
17Fund on each of the following dates: July 1, 2014, October 1,
182014, January 1, 2015, July 1, 2017, October 1, 2017, and
19January 1, 2018. These transfers shall constitute repayment of
20the $6,600,000 transfer made under Section 6z-18 of the State
21Finance Act.
22    All earnings received from investment of monies in the
23Illinois State Medical Disciplinary Fund shall be deposited in
24the Illinois State Medical Disciplinary Fund and shall be used
25for the same purposes as fees deposited in such Fund.
26    (E) Fees. The following fees are nonrefundable.



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1        (1) Applicants for any examination shall be required to
2    pay, either to the Department or to the designated testing
3    service, a fee covering the cost of determining the
4    applicant's eligibility and providing the examination.
5    Failure to appear for the examination on the scheduled
6    date, at the time and place specified, after the
7    applicant's application for examination has been received
8    and acknowledged by the Department or the designated
9    testing service, shall result in the forfeiture of the
10    examination fee.
11        (2) Before July 1, 2018, the fee for a license under
12    Section 9 of this Act is $700. Beginning on July 1, 2018,
13    the fee for a license under Section 9 of this Act is $500.
14        (3) Before July 1, 2018, the fee for a license under
15    Section 19 of this Act is $700. Beginning on July 1, 2018,
16    the fee for a license under Section 19 of this Act is $500.
17        (4) Before July 1, 2018, the fee for the renewal of a
18    license for a resident of Illinois shall be calculated at
19    the rate of $230 per year, and beginning on July 1, 2018,
20    the fee for the renewal of a license shall be $167, except
21    for licensees who were issued a license within 12 months of
22    the expiration date of the license, before July 1, 2018,
23    the fee for the renewal shall be $230, and beginning on
24    July 1, 2018 that fee will be $167. Before July 1, 2018,
25    the fee for the renewal of a license for a nonresident
26    shall be calculated at the rate of $460 per year, and



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1    beginning on July 1, 2018, the fee for the renewal of a
2    license for a nonresident shall be $250, except for
3    licensees who were issued a license within 12 months of the
4    expiration date of the license, before July 1, 2018, the
5    fee for the renewal shall be $460, and beginning on July 1,
6    2018 that fee will be $250.
7        (5) The fee for the reinstatement of a license other
8    than from inactive status, is $230. In addition, payment of
9    all lapsed renewal fees not to exceed $1,400 is required.
10        (6) The fee for a 3-year temporary license under
11    Section 17 is $230.
12        (7) The fee for the issuance of a duplicate license,
13    for the issuance of a replacement license for a license
14    which has been lost or destroyed, or for the issuance of a
15    license with a change of name or address other than during
16    the renewal period is $20. No fee is required for name and
17    address changes on Department records when no duplicate
18    license is issued.
19        (8) The fee to be paid for a license record for any
20    purpose is $20.
21        (9) The fee to be paid to have the scoring of an
22    examination, administered by the Department, reviewed and
23    verified, is $20 plus any fees charged by the applicable
24    testing service.
25        (10) The fee to be paid by a licensee for a wall
26    certificate showing his or her license shall be the actual



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1    cost of producing the certificate as determined by the
2    Department.
3        (11) The fee for a roster of persons licensed as
4    physicians in this State shall be the actual cost of
5    producing such a roster as determined by the Department.
6    (F) Any person who delivers a check or other payment to the
7Department that is returned to the Department unpaid by the
8financial institution upon which it is drawn shall pay to the
9Department, in addition to the amount already owed to the
10Department, a fine of $50. The fines imposed by this Section
11are in addition to any other discipline provided under this Act
12for unlicensed practice or practice on a nonrenewed license.
13The Department shall notify the person that payment of fees and
14fines shall be paid to the Department by certified check or
15money order within 30 calendar days of the notification. If,
16after the expiration of 30 days from the date of the
17notification, the person has failed to submit the necessary
18remittance, the Department shall automatically terminate the
19license or permit or deny the application, without hearing. If,
20after termination or denial, the person seeks a license or
21permit, he or she shall apply to the Department for
22reinstatement or issuance of the license or permit and pay all
23fees and fines due to the Department. The Department may
24establish a fee for the processing of an application for
25reinstatement of a license or permit to pay all expenses of
26processing this application. The Secretary may waive the fines



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1due under this Section in individual cases where the Secretary
2finds that the fines would be unreasonable or unnecessarily
4(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13;
598-1140, eff. 12-30-14.)
6    Section 20. The Illinois Optometric Practice Act of 1987 is
7amended by changing Sections 3, 9, 10, 11, 14, 15.1, 18, 20,
821, 24, 26.2, 26.6, 26.7, 26.8, 26.15, and 27 and by adding
9Sections 9.5, 15.3, and 30 as follows:
10    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
11    (Section scheduled to be repealed on January 1, 2017)
12    Sec. 3. Practice of optometry defined; referrals;
13manufacture of lenses and prisms.
14    (a) The practice of optometry is defined as the employment
15of any and all means for the examination, diagnosis, and
16treatment of the human visual system, the human eye, and its
17appendages without the use of surgery, including, but not
18limited to: the appropriate use of ocular pharmaceutical
19agents; refraction and other determinants of visual function;
20prescribing corrective lenses or prisms; prescribing,
21dispensing, or management of contact lenses; vision therapy;
22visual rehabilitation; or any other procedures taught in
23schools and colleges of optometry approved by the Department,
24and not specifically restricted in this Act, subject to



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1demonstrated competency and training as required by the Board,
2and pursuant to rule or regulation approved by the Board and
3adopted by the Department.
4    A person shall be deemed to be practicing optometry within
5the meaning of this Act who:
6        (1) In any way presents himself or herself to be
7    qualified to practice optometry.
8        (2) Performs refractions or employs any other
9    determinants of visual function.
10        (3) Employs any means for the adaptation of lenses or
11    prisms.
12        (4) Prescribes corrective lenses, prisms, vision
13    therapy, visual rehabilitation, or ocular pharmaceutical
14    agents.
15        (5) Prescribes or manages contact lenses for
16    refractive, cosmetic, or therapeutic purposes.
17        (6) Evaluates the need for, or prescribes, low vision
18    aids to partially sighted persons.
19        (7) Diagnoses or treats any ocular abnormality,
20    disease, or visual or muscular anomaly of the human eye or
21    visual system.
22        (8) Practices, or offers or attempts to practice,
23    optometry as defined in this Act either on his or her own
24    behalf or as an employee of a person, firm, or corporation,
25    whether under the supervision of his or her employer or
26    not.



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



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1specifically prohibit (1) the sale or delivery of ophthalmic
2lenses, prisms, and contact lenses without a prescription
3signed by an optometrist or a physician licensed to practice
4medicine in all of its branches and (2) the dispensing of
5contact lenses by anyone other than a licensed optometrist,
6licensed pharmacist, or a physician licensed to practice
7medicine in all of its branches. For the purposes of this Act,
8"contact lenses" include, but are not limited to, contact
9lenses with prescriptive power and decorative and plano power
10contact lenses. Nothing in this Section shall prohibit the sale
11of contact lenses by an optical firm or corporation primarily
12engaged in manufacturing or dealing in eyeglasses or contact
13lenses with an affiliated optometrist who practices and is
14licensed or has an ancillary registration for the location
15where the sale occurs.
16    (d) Nothing in this Act shall restrict the filling of a
17prescription by a pharmacist licensed under the Pharmacy
18Practice Act.
19    (e) Nothing in this Act shall be construed to restrict the
20dispensing and sale by an optometrist of ocular devices, such
21as contact lenses, that contain and deliver ocular
22pharmaceutical agents permitted for use or prescription under
23this Act.
24    (f) On and after January 1, 2018, nothing in this Act shall
25prohibit an optometrist who is certified by a school of
26optometry approved by the Department from performing advanced



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1optometric procedures, pursuant to educational requirements
2established by rule, that are consistent with the
3recommendations of the Collaborative
4Optometric/Ophthalmological Task Force created in Section 15.3
5of this Act and that are taught (1) at an accredited, private
64-year school of optometry that is located in a city in
7Illinois with a population in excess of 1,500,000, or (2) at a
8school of optometry with a curriculum that is substantially
9similar to the curriculum taught at the school of optometry
10described in item (1) of this subsection. Advanced optometric
11procedures do not include the use of lasers.
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 30 days 72 hours), anti-inflammatory agents (except
8oral steroids, which may be prescribed only in a quantity
9sufficient to provide treatment for up to 7 days),
10over-the-counter agents, analgesic agents, anti-dry eye
11agents, and agents for the treatment of hypotrichosis.
12    (a-3) In addition to ocular pharmaceutical agents that fall
13within the categories set forth in subsection (a) of this
14Section, the Board may add a pharmaceutical agent approved by
15the FDA or class of agents for the purpose of the diagnosis or
16treatment of conditions of the eye and adnexa after
17consideration of the agent's systemic effects, side effects,
18and the use of the agent within the practice of optometry. The
19Board shall consider requests for additional agents and make
20recommendations within 90 days after the receipt of the
22    Within 45 days after the Board's recommendation to the
23Department of a pharmaceutical agent or class of agents, the
24Department shall promulgate rules necessary to allow for the
25prescribing or administering of the pharmaceutical agent or
26class of agents under this Act.



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1    (a-5) Ocular pharmaceutical agents administered by
2injection may be used only for the treatment of anaphylaxis.
3    (a-10) Oral pharmaceutical agents may be prescribed for a
4child under 5 years of age only in consultation with a
5physician licensed to practice medicine in all its branches.
6    (a-15) The authority to prescribe a Schedule III, IV, or V
7controlled substance shall include analgesic agents only in a
8quantity sufficient to provide treatment for up to 72 hours.
9The prescription of a Schedule II controlled substance is
10prohibited, except for Dihydrocodeinone (Hydrocodone) with one
11or more active, non-narcotic ingredients only in a quantity
12sufficient to provide treatment for up to 72 hours, and only if
13such formulations of Dihydrocodeinone are reclassified as
14Schedule II by federal regulation.
15    (b) A licensed optometrist may remove superficial foreign
16bodies from the human eye and adnexa and may give orders for
17patient care to a nurse or other health care provider licensed
18to practice under Illinois law.
19    (c) An optometrist's license shall be revoked or suspended
20by the Department upon recommendation of the Board based upon
21either of the following causes:
22        (1) grave or repeated misuse of any ocular
23    pharmaceutical agent; and
24        (2) the use of any agent or procedure in the course of
25    optometric practice by an optometrist not properly
26    authorized under this Act.



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1    (d) The Secretary of Financial and Professional Regulation
2shall notify the Director of Public Health as to the categories
3of ocular pharmaceutical agents permitted for use by an
4optometrist. The Director of Public Health shall in turn notify
5every licensed pharmacist in the State of the categories of
6ocular pharmaceutical agents that can be utilized and
7prescribed by an optometrist.
8(Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
9    (225 ILCS 80/15.3 new)
10    Sec. 15.3. The Collaborative Optometric/Ophthalmological
11Task Force. In order to protect the public and provide quality
12care, a Collaborative Optometric/Ophthalmological Task Force
13is established. This Task Force shall collaboratively develop
14minimum educational requirements for an optometrist to perform
15advanced optometric procedures. Advanced optometric procedures
16do not include the use of lasers.
17    The Collaborative Optometric/Ophthalmological Task Force
18shall be comprised of a representative of a statewide
19organization representing optometry, a representative of a
20statewide organization representing ophthalmology, a
21representative of a statewide organization representing
22physicians licensed to practice medicine in all of its
23branches, a representative of an accredited, private 4-year
24school of optometry located in a city in Illinois with a
25population of more than 1,500,000 persons. The Department shall



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1provide administrative support to the Collaborative
2Optometric/Ophthalmological Task Force. The Task Force shall
3meet at least monthly.
4    No later than September 1, 2017, the statewide organization
5representing ophthalmology shall provide to the Collaborative
6Optometric/Ophthalmological Task Force its recommended minimum
7educational requirements for a licensed optometrist to obtain a
8certification to perform advanced optometric procedures.
9    No later than January 1, 2018, the Department, in direct
10consultation with the Collaborative
11Optometric/Ophthalmological Task Force, shall propose rules
12for adoption that are consistent with the Task Force's
13recommendations, or recommend legislation to the General
14Assembly, providing educational requirements that must be met
15for an optometrist to obtain certification from a school of
16optometry approved by the Department to perform advanced
17optometric procedures as taught (1) at an accredited, private
184-year school of optometry that is located in a city in
19Illinois with a population in excess of 1,500,000, or (2) at a
20school of optometry with a curriculum that is substantially
21similar to the curriculum taught at the school of optometry
22described in item (1) of this paragraph.
23    (225 ILCS 80/18)  (from Ch. 111, par. 3918)
24    (Section scheduled to be repealed on January 1, 2017)
25    Sec. 18. Endorsement. The Department may, in its



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1discretion, license as an optometrist, without examination on
2payment of the required fee, an applicant who is so licensed
3under the laws of another state or U.S. jurisdiction of the
4United States. The Department may issue a license, upon payment
5of the required fee and recommendation of the Board, to an
6individual applicant who is licensed in any foreign country or
7province whose standards, in the opinion of the Board or
8Department, if the requirements for licensure in the
9jurisdiction in which the applicant was licensed, were, at the
10date of his or her licensure, substantially equivalent to the
11requirements then in force in this State; or if the applicant
12possesses individual qualifications and skills which
13demonstrate substantial equivalence to current Illinois
15    Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed in 3 years, the application shall be denied, the fee
18forfeited and the applicant must reapply and meet the
19requirements in effect at the time of reapplication.
20(Source: P.A. 89-702, eff. 7-1-97.)
21    (225 ILCS 80/20)  (from Ch. 111, par. 3920)
22    (Section scheduled to be repealed on January 1, 2017)
23    Sec. 20. Fund. All moneys received by the Department
24pursuant to this Act shall be deposited in the Optometric
25Licensing and Disciplinary Board Fund, which is hereby created



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1as a special fund in the State Treasury, and shall be used for
2the administration of this Act, including: (a) by the Board and
3Department in the exercise of its powers and performance of its
4duties, as such use is made by the Department with full
5consideration of all recommendations of the Board; (b) for
6costs directly related to license renewal of persons licensed
7under this Act; and (c) for direct and allocable indirect costs
8related to the public purposes of the Department of Financial
9and Professional Regulation. Subject to appropriation, moneys
10in the Optometric Licensing and Disciplinary Board Fund may be
11used for the Optometric Education Scholarship Program
12administered by the Illinois Student Assistance Commission
13pursuant to Section 65.70 of the Higher Education Student
14Assistance Act.
15    Moneys in the Fund may be transferred to the Professions
16Indirect Cost Fund as authorized under Section 2105-300 of the
17Department of Professional Regulation Law (20 ILCS
19    Money in the Optometric Licensing and Disciplinary Board
20Fund may be invested and reinvested, with all earnings received
21from such investment to be deposited in the Optometric
22Licensing and Disciplinary Board Fund and used for the same
23purposes as fees deposited in such fund.
24(Source: P.A. 94-787, eff. 5-19-06.)
25    (225 ILCS 80/21)  (from Ch. 111, par. 3921)



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1    (Section scheduled to be repealed on January 1, 2017)
2    Sec. 21. The Department shall maintain a roster of the
3names and addresses of all licensees and of all persons whose
4licenses have been suspended or revoked. This roster shall be
5available upon written request and payment of the required fee.
6(Source: P.A. 94-787, eff. 5-19-06.)
7    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
8    (Section scheduled to be repealed on January 1, 2017)
9    Sec. 24. Grounds for disciplinary action.
10    (a) The Department may refuse to issue or to renew, or may
11revoke, suspend, place on probation, reprimand or take other
12disciplinary or non-disciplinary action as the Department may
13deem appropriate, including fines not to exceed $10,000 for
14each violation, with regard to any license for any one or
15combination of the causes set forth in subsection (a-3) of this
16Section. All fines collected under this Section shall be
17deposited in the Optometric Licensing and Disciplinary Board
18Fund. Any fine imposed shall be payable within 60 days after
19the effective date of the order imposing the fine.
20    (a-3) Grounds for disciplinary action include the
22        (1) Violations of this Act, or of the rules promulgated
23    hereunder.
24        (2) Conviction of or entry of a plea of guilty to any
25    crime under the laws of any U.S. jurisdiction thereof that



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1    is a felony or that is a misdemeanor of which an essential
2    element is dishonesty, or any crime that is directly
3    related to the practice of the profession.
4        (3) Making any misrepresentation for the purpose of
5    obtaining a license.
6        (4) Professional incompetence or gross negligence in
7    the practice of optometry.
8        (5) Gross malpractice, prima facie evidence of which
9    may be a conviction or judgment of malpractice in any court
10    of competent jurisdiction.
11        (6) Aiding or assisting another person in violating any
12    provision of this Act or rules.
13        (7) Failing, within 60 days, to provide information in
14    response to a written request made by the Department that
15    has been sent by certified or registered mail to the
16    licensee's last known address.
17        (8) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public.
20        (9) Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants or any other chemical agent or drug
22    that results in the inability to practice with reasonable
23    judgment, skill, or safety.
24        (10) Discipline by another U.S. jurisdiction or
25    foreign nation, if at least one of the grounds for the
26    discipline is the same or substantially equivalent to those



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1    set forth herein.
2        (11) Violation of the prohibition against fee
3    splitting in Section 24.2 of this Act.
4        (12) A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status has violated the terms of probation.
7        (13) Abandonment of a patient.
8        (14) Willfully making or filing false records or
9    reports in his or her practice, including but not limited
10    to false records filed with State agencies or departments.
11        (15) Willfully failing to report an instance of
12    suspected abuse or neglect as required by law.
13        (16) Physical illness, including but not limited to,
14    deterioration through the aging process, or loss of motor
15    skill, mental illness, or disability that results in the
16    inability to practice the profession with reasonable
17    judgment, skill, or safety.
18        (17) Solicitation of professional services other than
19    permitted advertising.
20        (18) Failure to provide a patient with a copy of his or
21    her record or prescription in accordance with federal law.
22        (19) Conviction by any court of competent
23    jurisdiction, either within or without this State, of any
24    violation of any law governing the practice of optometry,
25    conviction in this or another State of any crime that is a
26    felony under the laws of this State or conviction of a



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1    felony in a federal court, if the Department determines,
2    after investigation, that such person has not been
3    sufficiently rehabilitated to warrant the public trust.
4        (20) A finding that licensure has been applied for or
5    obtained by fraudulent means.
6        (21) Continued practice by a person knowingly having an
7    infectious or contagious disease.
8        (22) Being named as a perpetrator in an indicated
9    report by the Department of Children and Family Services
10    under the Abused and Neglected Child Reporting Act, and
11    upon proof by clear and convincing evidence that the
12    licensee has caused a child to be an abused child or a
13    neglected child as defined in the Abused and Neglected
14    Child Reporting Act.
15        (23) Practicing or attempting to practice under a name
16    other than the full name as shown on his or her license.
17        (24) Immoral conduct in the commission of any act, such
18    as sexual abuse, sexual misconduct or sexual exploitation,
19    related to the licensee's practice.
20        (25) Maintaining a professional relationship with any
21    person, firm, or corporation when the optometrist knows, or
22    should know, that such person, firm, or corporation is
23    violating this Act.
24        (26) Promotion of the sale of drugs, devices,
25    appliances or goods provided for a client or patient in
26    such manner as to exploit the patient or client for



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1    financial gain of the licensee.
2        (27) Using the title "Doctor" or its abbreviation
3    without further qualifying that title or abbreviation with
4    the word "optometry" or "optometrist".
5        (28) Use by a licensed optometrist of the word
6    "infirmary", "hospital", "school", "university", in
7    English or any other language, in connection with the place
8    where optometry may be practiced or demonstrated unless the
9    licensee is employed by and practicing at a location that
10    is licensed as a hospital or accredited as a school or
11    university.
12        (29) Continuance of an optometrist in the employ of any
13    person, firm or corporation, or as an assistant to any
14    optometrist or optometrists, directly or indirectly, after
15    his or her employer or superior has been found guilty of
16    violating or has been enjoined from violating the laws of
17    the State of Illinois relating to the practice of
18    optometry, when the employer or superior persists in that
19    violation.
20        (30) The performance of optometric service in
21    conjunction with a scheme or plan with another person, firm
22    or corporation known to be advertising in a manner contrary
23    to this Act or otherwise violating the laws of the State of
24    Illinois concerning the practice of optometry.
25        (31) Failure to provide satisfactory proof of having
26    participated in approved continuing education programs as



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1    determined by the Board and approved by the Secretary.
2    Exceptions for extreme hardships are to be defined by the
3    rules of the Department.
4        (32) Willfully making or filing false records or
5    reports in the practice of optometry, including, but not
6    limited to false records to support claims against the
7    medical assistance program of the Department of Healthcare
8    and Family Services (formerly Department of Public Aid)
9    under the Illinois Public Aid Code.
10        (33) Gross and willful overcharging for professional
11    services including filing false statements for collection
12    of fees for which services are not rendered, including, but
13    not limited to filing false statements for collection of
14    monies for services not rendered from the medical
15    assistance program of the Department of Healthcare and
16    Family Services (formerly Department of Public Aid) under
17    the Illinois Public Aid Code.
18        (34) In the absence of good reasons to the contrary,
19    failure to perform a minimum eye examination as required by
20    the rules of the Department.
21        (35) Violation of the Health Care Worker Self-Referral
22    Act.
23    The Department shall may refuse to issue or shall may
24suspend the license of any person who fails to file a return,
25or to pay the tax, penalty or interest shown in a filed return,
26or to pay any final assessment of the tax, penalty or interest,



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1as required by any tax Act administered by the Illinois
2Department of Revenue, until such time as the requirements of
3any such tax Act are satisfied.
4    (a-5) In enforcing this Section, the Board or Department,
5upon a showing of a possible violation, may compel any
6individual licensed to practice under this Act, or who has
7applied for licensure or certification pursuant to this Act, to
8submit to a mental or physical examination, or both, as
9required by and at the expense of the Department. The examining
10physicians or clinical psychologists shall be those
11specifically designated by the Department Board. The Board or
12the Department may order the examining physician or clinical
13psychologist to present testimony concerning this mental or
14physical examination of the licensee or applicant. No
15information shall be excluded by reason of any common law or
16statutory privilege relating to communications between the
17licensee or applicant and the examining physician or clinical
18psychologist. Eye examinations may be provided by a licensed
19optometrist. The individual to be examined may have, at his or
20her own expense, another physician of his or her choice present
21during all aspects of the examination. Failure of any
22individual to submit to a mental or physical examination, when
23directed, shall be grounds for suspension of a license until
24such time as the individual submits to the examination if the
25Board or Department finds, after notice and hearing, that the
26refusal to submit to the examination was without reasonable



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2    If the Board or Department finds an individual unable to
3practice because of the reasons set forth in this Section, the
4Board or Department shall require such individual to submit to
5care, counseling, or treatment by physicians or clinical
6psychologists approved or designated by the Department Board,
7as a condition, term, or restriction for continued, reinstated,
8or renewed licensure to practice, or in lieu of care,
9counseling, or treatment, the Board may recommend to the
10Department to file a complaint to immediately suspend, revoke,
11or otherwise discipline the license of the individual, or the
12Board may recommend to the Department to file a complaint to
13suspend, revoke, or otherwise discipline the license of the
14individual. Any individual whose license was granted pursuant
15to this Act, or continued, reinstated, renewed, disciplined, or
16supervised, subject to such conditions, terms, or
17restrictions, who shall fail to comply with such conditions,
18terms, or restrictions, shall be referred to the Secretary for
19a determination as to whether the individual shall have his or
20her license suspended immediately, pending a hearing by the
22    (b) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the patient is no



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1longer subject to involuntary admission or judicial admission
2and issues an order so finding and discharging the patient; and
3upon the recommendation of the Board to the Secretary that the
4licensee be allowed to resume his or her practice.
5(Source: P.A. 99-43, eff. 1-1-16.)
6    (225 ILCS 80/26.2)  (from Ch. 111, par. 3926.2)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 26.2. Investigation; notice. The Department may
9investigate the actions of any applicant or of any person or
10persons holding or claiming to hold a license. The Department
11shall, before suspending, revoking, placing on probationary
12status, or taking any other disciplinary action as the
13Department may deem proper with regard to any license, at least
1430 days prior to the date set for the hearing, notify the
15accused in writing of any charges made and the time and place
16for a hearing of the charges before the Board, direct him or
17her to file his or her written answer to the Board under oath
18within 20 days after the service on him or her of the notice
19and inform him or her that if he or she fails to file an answer
20default will be taken against him or her and his or her license
21may be suspended, revoked, placed on probationary status, or
22have other disciplinary action, including limiting the scope,
23nature or extent of his or her practice, as the Department may
24deem proper taken with regard thereto. The Such written notice
25and any notice in the subsequent proceeding may be served by



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1personal delivery or by regular or certified delivery or
2certified or registered mail to the applicant's or licensee's
3address of record Department. In case the person fails to file
4an answer after receiving notice, his or her license may, in
5the discretion of the Department, be suspended, revoked, or
6placed on probationary status, or the Department may take
7whatever disciplinary action deemed proper, including limiting
8the scope, nature, or extent of the person's practice or the
9imposition of a fine, without a hearing, if the act or acts
10charged constitute sufficient grounds for such action under
11this Act. At the time and place fixed in the notice, the
12Department shall proceed to hear the charges and the parties or
13their counsel shall be accorded ample opportunity to present
14such statements, testimony, evidence and argument as may be
15pertinent to the charges or to their defense. The Department
16may continue the hearing from time to time. At the discretion
17of the Secretary after having first received the recommendation
18of the Board, the accused person's license may be suspended,
19revoked, placed on probationary status, or whatever
20disciplinary action as the Secretary may deem proper, including
21limiting the scope, nature, or extent of said person's
22practice, without a hearing, if the act or acts charged
23constitute sufficient grounds for such action under this Act.
24(Source: P.A. 94-787, eff. 5-19-06.)
25    (225 ILCS 80/26.6)  (from Ch. 111, par. 3926.6)



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1    (Section scheduled to be repealed on January 1, 2017)
2    Sec. 26.6. Findings of fact, conclusions of law, and
3recommendations. At the conclusion of the hearing the Board
4shall present to the Secretary a written report of its findings
5of fact, conclusions of law and recommendations. The report
6shall contain a finding whether or not the accused person
7violated this Act or failed to comply with the conditions
8required in this Act. The Board shall specify the nature of the
9violation or failure to comply, and shall make its
10recommendations to the Secretary.
11    The report of findings of fact, conclusions of law and
12recommendations of the Board shall be the basis for the
13Department's order. If the Secretary disagrees in any regard
14with the report of the Board, the Secretary may issue an order
15in contravention thereof. The Secretary shall provide within 60
16days of taking such action a written report to the Board on any
17such deviation, and shall specify with particularity the
18reasons for said action in the final order. The finding is not
19admissible in evidence against the person in a criminal
20prosecution brought for the violation of this Act, but the
21hearing and findings are not a bar to a criminal prosecution
22brought for the violation of this Act.
23    At any point in any investigation or disciplinary
24proceeding provided for in this Act, both parties may agree to
25a negotiated consent order. The consent order shall be final
26upon the signature of the Secretary.



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1(Source: P.A. 94-787, eff. 5-19-06.)
2    (225 ILCS 80/26.7)  (from Ch. 111, par. 3926.7)
3    (Section scheduled to be repealed on January 1, 2017)
4    Sec. 26.7. Hearing officer. Notwithstanding the provisions
5of Section 26.6 of this Act, the Secretary shall have the
6authority to appoint any attorney duly licensed to practice law
7in the State of Illinois to serve as the hearing officer in any
8action for discipline of a license. The Secretary shall notify
9the Board of any such appointment. The hearing officer shall
10have full authority to conduct the hearing. The Board shall
11have the right to have at least one member present at any
12hearing conducted by such hearing officer. The hearing officer
13shall report his or her findings of fact, conclusions of law
14and recommendations to the Board and the Secretary. The Board
15shall have 60 days from receipt of the report to review the
16report of the hearing officer and present its findings of fact,
17conclusions of law and recommendations to the Secretary. If the
18Board fails to present its report within the 60 day period, the
19Secretary shall issue an order based on the report of the
20hearing officer. If the Secretary disagrees in any regard with
21the report of the Board or hearing officer, he or she may issue
22an order in contravention thereof. The Secretary shall provide
23a written explanation to the Board on any such deviation, and
24shall specify with particularity the reasons for such action in
25the final order.



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1(Source: P.A. 94-787, eff. 5-19-06.)
2    (225 ILCS 80/26.8)  (from Ch. 111, par. 3926.8)
3    (Section scheduled to be repealed on January 1, 2017)
4    Sec. 26.8. Service of report; rehearing; order. In any case
5involving the discipline of a license, a copy of the Board's
6and hearing officer's report shall be served upon the
7respondent by the Department, either personally or as provided
8in this Act for the service of the notice of hearing. Within 20
9days after such service, the respondent may present to the
10Department a motion in writing for a rehearing, which motion
11shall specify the particular grounds therefor. If no motion for
12rehearing is filed, then upon the expiration of the time
13specified for filing such a motion, or if a motion for
14rehearing is denied, then upon such denial the Secretary may
15enter an order in accordance with this Act. If the respondent
16shall order from the reporting service, and pay for a
17transcript of the record within the time for filing a motion
18for rehearing, the 20 day period within which such a motion may
19be filed shall commence upon the delivery of the transcript to
20the respondent.
21(Source: P.A. 94-787, eff. 5-19-06.)
22    (225 ILCS 80/26.15)  (from Ch. 111, par. 3926.15)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 26.15. Certification of record. The Department shall



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1not be required to certify any record to the Court or file any
2answer in court or otherwise appear in any court in a judicial
3review proceeding, unless and until the Department has received
4from the plaintiff there is filed in the court, with the
5complaint, a receipt from the Department acknowledging payment
6of the costs of furnishing and certifying the record, which
7costs shall be determined by the Department. Failure on the
8part of the plaintiff to file a receipt in Court shall be
9grounds for dismissal of the action.
10(Source: P.A. 87-1031.)
11    (225 ILCS 80/27)  (from Ch. 111, par. 3927)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 27. Administrative Procedure Act. The Illinois
14Administrative Procedure Act is hereby expressly adopted and
15incorporated herein as if all of the provisions of that Act
16were included in this Act, except that the provision of
17subsection (d) of Section 10-65 of the Illinois Administrative
18Procedure Act that provides that at hearings the licensee has
19the right to show compliance with all lawful requirements for
20retention, continuation or renewal of the license is
21specifically excluded. For the purpose of this Act the notice
22required under Section 10-25 of the Administrative Procedure
23Act is deemed sufficient when mailed to the last known address
24of a party.
25(Source: P.A. 88-45.)



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1    (225 ILCS 80/30 new)
2    Sec. 30. Confidentiality. All information collected by the
3Department in the course of an examination or investigation of
4a licensee or applicant, including, but not limited to, any
5complaint against a license filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department may not disclose the
9information to anyone other than law enforcement officials,
10other regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16licensee by the Department or any order issued by the
17Department against a licensee or applicant shall be a public
18record, except as otherwise prohibited by law.
19    Section 99. Effective date. This Section and Sections 5,
2010, and 15 take effect upon becoming law. Section 20 takes
21effect on January 1, 2017, except that the provisions of
22Section 20 that add Section 15.3 to the Illinois Optometric
23Practice Act of 1987 take effect upon becoming law.