SB1504 EnrolledLRB099 09248 MLM 29452 b

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 Illinois Optometric Practice Act of 1987 is
5amended by changing Sections 12, 22, and 24 as follows:
 
6    (225 ILCS 80/12)  (from Ch. 111, par. 3912)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 12. Applications for licenses. Applications for
9original licenses shall be made to the Department in writing or
10electronically on forms prescribed by the Department and shall
11be accompanied by the required fee, which shall not be
12refundable. Any such application shall require such
13information as in the judgment of the Department will enable
14the Department to pass on the qualifications of the applicant
15for a license.
16    Applicants have 3 years from the date of application to
17complete the application process. If the process has not been
18completed within 3 years, the application shall be denied, the
19application fees shall be forfeited, and the applicant must
20reapply and meet the requirements in effect at the time of
21reapplication.
22    Applicants who meet all other conditions for licensure and
23who will be practicing optometry in a residency program

 

 

SB1504 Enrolled- 2 -LRB099 09248 MLM 29452 b

1approved by the Board may apply for and receive a limited one
2year license to practice optometry as a resident in the
3program. The holder of a valid one-year residency license may
4perform those acts prescribed by and incidental to the
5residency license holder's program of residency training, with
6the same privileges and responsibilities as a fully licensed
7optometrist, but may not otherwise engage in the practice of
8optometry in this State, unless fully licensed under this Act.
9    The Department may revoke a one-year residency license upon
10proof that the residency license holder has engaged in the
11practice of optometry in this State outside of his or her
12residency program or if the residency license holder fails to
13supply the Department, within 10 days after its request, with
14information concerning his or her current status and activities
15in the residency program.
16(Source: P.A. 94-787, eff. 5-19-06.)
 
17    (225 ILCS 80/22)  (from Ch. 111, par. 3922)
18    (Section scheduled to be repealed on January 1, 2017)
19    Sec. 22. Any person licensed under this Act may advertise
20the availability of professional services in the public media
21or on the premises where such professional services are
22rendered provided that such advertising is truthful and not
23misleading and is in conformity with rules promulgated by the
24Department.
25    It is unlawful for any person licensed under this Act to

 

 

SB1504 Enrolled- 3 -LRB099 09248 MLM 29452 b

1use testimonials or claims of superior quality of care to
2entice the public.
3(Source: P.A. 92-451, eff. 8-21-01.)
 
4    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 24. Grounds for disciplinary action.
7    (a) The Department may refuse to issue or to renew, or may
8revoke, suspend, place on probation, reprimand or take other
9disciplinary or non-disciplinary action as the Department may
10deem appropriate, including fines not to exceed $10,000 for
11each violation, with regard to any license for any one or
12combination of the causes set forth in subsection (a-3) of this
13Section. All fines collected under this Section shall be
14deposited in the Optometric Licensing and Disciplinary Board
15Fund.
16    (a-3) Grounds for disciplinary action include the
17following:
18        (1) Violations of this Act, or of the rules promulgated
19    hereunder.
20        (2) Conviction of or entry of a plea of guilty to any
21    crime under the laws of any U.S. jurisdiction thereof that
22    is a felony or that is a misdemeanor of which an essential
23    element is dishonesty, or any crime that is directly
24    related to the practice of the profession.
25        (3) Making any misrepresentation for the purpose of

 

 

SB1504 Enrolled- 4 -LRB099 09248 MLM 29452 b

1    obtaining a license.
2        (4) Professional incompetence or gross negligence in
3    the practice of optometry.
4        (5) Gross malpractice, prima facie evidence of which
5    may be a conviction or judgment of malpractice in any court
6    of competent jurisdiction.
7        (6) Aiding or assisting another person in violating any
8    provision of this Act or rules.
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department that
11    has been sent by certified or registered mail to the
12    licensee's last known address.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (9) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants or any other chemical agent or drug
18    that results in the inability to practice with reasonable
19    judgment, skill, or safety.
20        (10) Discipline by another U.S. jurisdiction or
21    foreign nation, if at least one of the grounds for the
22    discipline is the same or substantially equivalent to those
23    set forth herein.
24        (11) Violation of the prohibition against fee
25    splitting in Section 24.2 of this Act.
26        (12) A finding by the Department that the licensee,

 

 

SB1504 Enrolled- 5 -LRB099 09248 MLM 29452 b

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

 

 

SB1504 Enrolled- 6 -LRB099 09248 MLM 29452 b

1    obtained by fraudulent means.
2        (21) Continued practice by a person knowingly having an
3    infectious or contagious disease.
4        (22) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or a
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (23) Practicing or attempting to practice under a name
12    other than the full name as shown on his or her license.
13        (24) Immoral conduct in the commission of any act, such
14    as sexual abuse, sexual misconduct or sexual exploitation,
15    related to the licensee's practice.
16        (25) Maintaining a professional relationship with any
17    person, firm, or corporation when the optometrist knows, or
18    should know, that such person, firm, or corporation is
19    violating this Act.
20        (26) Promotion of the sale of drugs, devices,
21    appliances or goods provided for a client or patient in
22    such manner as to exploit the patient or client for
23    financial gain of the licensee.
24        (27) Using the title "Doctor" or its abbreviation
25    without further qualifying that title or abbreviation with
26    the word "optometry" or "optometrist".

 

 

SB1504 Enrolled- 7 -LRB099 09248 MLM 29452 b

1        (28) Use by a licensed optometrist of the word
2    "infirmary", "hospital", "school", "university", in
3    English or any other language, in connection with the place
4    where optometry may be practiced or demonstrated unless the
5    licensee is employed by and practicing at a location that
6    is licensed as a hospital or accredited as a school or
7    university.
8        (29) Continuance of an optometrist in the employ of any
9    person, firm or corporation, or as an assistant to any
10    optometrist or optometrists, directly or indirectly, after
11    his or her employer or superior has been found guilty of
12    violating or has been enjoined from violating the laws of
13    the State of Illinois relating to the practice of
14    optometry, when the employer or superior persists in that
15    violation.
16        (30) The performance of optometric service in
17    conjunction with a scheme or plan with another person, firm
18    or corporation known to be advertising in a manner contrary
19    to this Act or otherwise violating the laws of the State of
20    Illinois concerning the practice of optometry.
21        (31) Failure to provide satisfactory proof of having
22    participated in approved continuing education programs as
23    determined by the Board and approved by the Secretary.
24    Exceptions for extreme hardships are to be defined by the
25    rules of the Department.
26        (32) Willfully making or filing false records or

 

 

SB1504 Enrolled- 8 -LRB099 09248 MLM 29452 b

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

 

 

SB1504 Enrolled- 9 -LRB099 09248 MLM 29452 b

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

 

 

SB1504 Enrolled- 10 -LRB099 09248 MLM 29452 b

1designated by the Board, as a condition, term, or restriction
2for continued, reinstated, or renewed licensure to practice, or
3in lieu of care, counseling, or treatment, the Board may
4recommend to the Department to file a complaint to immediately
5suspend, revoke, or otherwise discipline the license of the
6individual, or the Board may recommend to the Department to
7file a complaint to suspend, revoke, or otherwise discipline
8the license of the individual. Any individual whose license was
9granted pursuant to this Act, or continued, reinstated,
10renewed, disciplined, or supervised, subject to such
11conditions, terms, or restrictions, who shall fail to comply
12with such conditions, terms, or restrictions, shall be referred
13to the Secretary for a determination as to whether the
14individual shall have his or her license suspended immediately,
15pending a hearing by the Board.
16    (b) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. The suspension will
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission
22and issues an order so finding and discharging the patient; and
23upon the recommendation of the Board to the Secretary that the
24licensee be allowed to resume his or her practice.
25(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09;
2696-1000, eff. 7-2-10; 97-1028, eff. 1-1-13.)