Full Text of SB2218 98th General Assembly
SB2218eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Optometric Practice Act of 1987 is | 5 | | amended by changing Sections 3 and 9 as follows:
| 6 | | (225 ILCS 80/3) (from Ch. 111, par. 3903)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 3. Practice of optometry defined; referrals; | 9 | | manufacture of lenses
and prisms. | 10 | | (a) The practice of optometry is defined as the employment | 11 | | of any
and all means for the examination, diagnosis, and | 12 | | treatment of the human
visual system, the human eye, and its | 13 | | appendages without the use of
surgery, including but not | 14 | | limited to: the appropriate
use of ocular
pharmaceutical | 15 | | agents; refraction and other determinants of visual function;
| 16 | | prescribing corrective lenses or prisms; prescribing, | 17 | | dispensing, or management
of contact lenses; vision therapy; | 18 | | visual rehabilitation; or any other
procedures taught in | 19 | | schools and colleges of optometry approved by the
Department, | 20 | | and not specifically restricted in this Act, subject to
| 21 | | demonstrated competency and training as required by the Board, | 22 | | and pursuant
to rule or regulation approved by the Board and | 23 | | adopted by
the Department.
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| 1 | | A person shall be deemed to be practicing optometry within | 2 | | the meaning of
this Act who:
| 3 | | (1) In any way presents himself or herself to be | 4 | | qualified to
practice optometry.
| 5 | | (2) Performs refractions or employs any other | 6 | | determinants of
visual function.
| 7 | | (3) Employs any means for the adaptation of lenses or | 8 | | prisms.
| 9 | | (4) Prescribes corrective lenses, prisms, vision | 10 | | therapy,
visual rehabilitation, or ocular pharmaceutical | 11 | | agents.
| 12 | | (5) Prescribes or manages contact lenses for | 13 | | refractive,
cosmetic, or therapeutic purposes.
| 14 | | (6) Evaluates the need for, or prescribes, low vision | 15 | | aids to
partially sighted persons.
| 16 | | (7) Diagnoses or treats any ocular abnormality, | 17 | | disease, or
visual or muscular anomaly of the human eye or | 18 | | visual system.
| 19 | | (8) Practices, or offers or attempts to practice, | 20 | | optometry as defined in
this Act either on his or her own | 21 | | behalf or as an employee
of a person, firm,
or corporation, | 22 | | whether under the supervision of his or her employer or | 23 | | not.
| 24 | | Nothing in this Section shall be interpreted (i) to prevent | 25 | | a person from
functioning as an assistant under the direct | 26 | | supervision of a person licensed
by the State of Illinois to |
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| 1 | | practice optometry or medicine in all of its
branches or (ii) | 2 | | to prohibit visual screening programs that
are conducted | 3 | | without a fee (other than voluntary donations), by
charitable | 4 | | organizations
acting in the public welfare under
the | 5 | | supervision of a committee composed of persons licensed by the | 6 | | State of
Illinois to practice optometry or persons licensed by | 7 | | the State of Illinois
to practice medicine in all of its | 8 | | branches.
| 9 | | (b) When, in the course of providing optometric services to | 10 | | any person,
an optometrist licensed under this Act finds an | 11 | | indication of a disease or
condition of the eye which in his or | 12 | | her professional judgment requires
professional service | 13 | | outside the scope of practice as defined in this Act,
he or she | 14 | | shall refer such person to a physician licensed to practice | 15 | | medicine
in all of its branches, or other appropriate health | 16 | | care practitioner.
Nothing in this Act shall preclude an | 17 | | optometrist from rendering appropriate nonsurgical
emergency | 18 | | care.
| 19 | | (c) Nothing contained in this Section shall prohibit a | 20 | | person from
manufacturing ophthalmic lenses and prisms or the | 21 | | fabrication
of contact lenses according to the specifications | 22 | | prescribed by an optometrist
or a physician licensed to | 23 | | practice medicine in all of its branches, but shall
| 24 | | specifically prohibit (1) the sale or delivery of ophthalmic
| 25 | | lenses, prisms, and contact lenses without a prescription | 26 | | signed by an
optometrist or a physician licensed to practice |
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| 1 | | medicine in all of its
branches and (2) the dispensing of | 2 | | contact lenses by anyone other than a licensed optometrist, | 3 | | licensed pharmacist, or a physician licensed to practice | 4 | | medicine in all of its branches. For the purposes of this Act, | 5 | | "contact lenses" include, but are not limited to, contact | 6 | | lenses with prescriptive power and decorative and plano power | 7 | | contact lenses. Nothing in this Section shall prohibit the sale | 8 | | of contact lenses by an optical firm or corporation primarily | 9 | | engaged in manufacturing or dealing in eyeglasses or contact | 10 | | lenses with an affiliated optometrist who practices and is | 11 | | licensed or has an ancillary registration for the location | 12 | | where the sale occurs .
| 13 | | (d) Nothing in this Act shall restrict the filling of a | 14 | | prescription by a
pharmacist licensed under the Pharmacy | 15 | | Practice Act. | 16 | | (e) Nothing in this Act shall be construed to restrict the | 17 | | dispensing and sale by an optometrist of ocular devices, such | 18 | | as contact lenses, that contain and deliver ocular | 19 | | pharmaceutical agents permitted for use or prescription under | 20 | | this Act.
| 21 | | (Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
| 22 | | (225 ILCS 80/9) (from Ch. 111, par. 3909)
| 23 | | (Section scheduled to be repealed on January 1, 2017)
| 24 | | Sec. 9. Definitions. In this Act:
| 25 | | (1) "Department" means the Department of Financial and
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| 1 | | Professional
Regulation.
| 2 | | (2) "Secretary" means the Secretary
of Financial and | 3 | | Professional Regulation.
| 4 | | (3) "Board" means the Illinois Optometric
Licensing | 5 | | and
Disciplinary
Board appointed by the Secretary.
| 6 | | (4) "License" means the document issued by the | 7 | | Department
authorizing the
person named thereon to | 8 | | practice optometry.
| 9 | | (5) (Blank).
| 10 | | (6) "Direct supervision" means supervision of any | 11 | | person
assisting
an
optometrist, requiring that the | 12 | | optometrist authorize the procedure, remain
in the | 13 | | facility while the procedure is performed, approve the work
| 14 | | performed by the person assisting before dismissal of the | 15 | | patient, but does
not mean that the optometrist must be | 16 | | present with the patient, during the
procedure. For the | 17 | | dispensing of contact lenses, "direct supervision" means | 18 | | that the optometrist is responsible for training the person | 19 | | assisting the optometrist in the dispensing or sale of | 20 | | contact lenses, but does not mean that the optometrist must | 21 | | be present in the facility where he or she practices under | 22 | | a license or ancillary registration at the time the | 23 | | contacts are dispensed or sold.
| 24 | | (Source: P.A. 94-787, eff. 5-19-06.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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