Illinois General Assembly - Full Text of SB0870
Illinois General Assembly

Previous General Assemblies

Full Text of SB0870  99th General Assembly


Rep. Michael J. Zalewski

Filed: 11/14/2016





09900SB0870ham002LRB099 07013 SMS 51549 a


2    AMENDMENT NO. ______. Amend Senate Bill 870, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Sections 4.27 and 4.37 and adding Section 4.27a as
8    (5 ILCS 80/4.27)
9    Sec. 4.27. Acts repealed on January 1, 2017. The following
10are repealed on January 1, 2017:
11    The Illinois Optometric Practice Act of 1987.
12    The Boiler and Pressure Vessel Repairer Regulation Act.
13    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
14XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
15(Source: P.A. 99-78, eff. 7-20-15; 99-572, eff. 7-15-16.)



09900SB0870ham002- 2 -LRB099 07013 SMS 51549 a

1    (5 ILCS 80/4.27a new)
2    Sec. 4.27a. Act repealed on December 31, 2017. The
3following Act is repealed on December 31, 2017:
4    The Medical Practice Act of 1987.
5    (5 ILCS 80/4.37)
6    Sec. 4.37. Acts repealed on January 1, 2027. The following
7Act is repealed on January 1, 2027:
8    The Clinical Psychologist Licensing Act.
9    The Illinois Optometric Practice Act of 1987.
10(Source: P.A. 99-572, eff. 7-15-16.)
11    (5 ILCS 80/4.26a rep.)
12    Section 10. The Regulatory Sunset Act is amended by
13repealing Section 4.26a.
14    Section 15. The Medical Practice Act of 1987 is amended by
15changing Section 21 as follows:
16    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
17    (Section scheduled to be repealed on December 31, 2016)
18    Sec. 21. License renewal; reinstatement; inactive status;
19disposition and collection of fees.
20    (A) Renewal. The expiration date and renewal period for
21each license issued under this Act shall be set by rule. The
22holder of a license may renew the license by paying the



09900SB0870ham002- 3 -LRB099 07013 SMS 51549 a

1required fee. The holder of a license may also renew the
2license within 90 days after its expiration by complying with
3the requirements for renewal and payment of an additional fee.
4A license renewal within 90 days after expiration shall be
5effective retroactively to the expiration date.
6    The Department shall attempt to provide through electronic
7means mail to each licensee under this Act, at his or her
8address of record, at least 60 days in advance of the
9expiration date of his or her license, a renewal notice. No
10such license shall be deemed to have lapsed until 90 days after
11the expiration date and after the Department has attempted to
12provide such notice has been mailed by the Department as herein
14    (B) Reinstatement. Any licensee who has permitted his or
15her license to lapse or who has had his or her license on
16inactive status may have his or her license reinstated by
17making application to the Department and filing proof
18acceptable to the Department of his or her fitness to have the
19license reinstated, including evidence certifying to active
20practice in another jurisdiction satisfactory to the
21Department, proof of meeting the continuing education
22requirements for one renewal period, and by paying the required
23reinstatement fee.
24    If the licensee has not maintained an active practice in
25another jurisdiction satisfactory to the Department, the
26Licensing Board shall determine, by an evaluation program



09900SB0870ham002- 4 -LRB099 07013 SMS 51549 a

1established by rule, the applicant's fitness to resume active
2status and may require the licensee to complete a period of
3evaluated clinical experience and may require successful
4completion of a practical examination specified by the
5Licensing Board.
6    However, any registrant whose license has expired while he
7or she has been engaged (a) in Federal Service on active duty
8with the Army of the United States, the United States Navy, the
9Marine Corps, the Air Force, the Coast Guard, the Public Health
10Service or the State Militia called into the service or
11training of the United States of America, or (b) in training or
12education under the supervision of the United States
13preliminary to induction into the military service, may have
14his or her license reinstated without paying any lapsed renewal
15fees, if within 2 years after honorable termination of such
16service, training, or education, he or she furnishes to the
17Department with satisfactory evidence to the effect that he or
18she has been so engaged and that his or her service, training,
19or education has been so terminated.
20    (C) Inactive licenses. Any licensee who notifies the
21Department, in writing on forms prescribed by the Department,
22may elect to place his or her license on an inactive status and
23shall, subject to rules of the Department, be excused from
24payment of renewal fees until he or she notifies the Department
25in writing of his or her desire to resume active status.
26    Any licensee requesting reinstatement from inactive status



09900SB0870ham002- 5 -LRB099 07013 SMS 51549 a

1shall be required to pay the current renewal fee, provide proof
2of meeting the continuing education requirements for the period
3of time the license is inactive not to exceed one renewal
4period, and shall be required to reinstate his or her license
5as provided in subsection (B).
6    Any licensee whose license is in an inactive status shall
7not practice in the State of Illinois.
8    (D) Disposition of monies collected. All monies collected
9under this Act by the Department shall be deposited in the
10Illinois State Medical Disciplinary Fund in the State Treasury,
11and used only for the following purposes: (a) by the
12Disciplinary Board and Licensing Board in the exercise of its
13powers and performance of its duties, as such use is made by
14the Department with full consideration of all recommendations
15of the Disciplinary Board and Licensing Board, (b) for costs
16directly related to persons licensed under this Act, and (c)
17for direct and allocable indirect costs related to the public
18purposes of the Department.
19    Moneys in the Fund may be transferred to the Professions
20Indirect Cost Fund as authorized under Section 2105-300 of the
21Department of Professional Regulation Law (20 ILCS
23    The State Comptroller shall order and the State Treasurer
24shall transfer an amount equal to $1,100,000 from the Illinois
25State Medical Disciplinary Fund to the Local Government Tax
26Fund on each of the following dates: July 1, 2014, October 1,



09900SB0870ham002- 6 -LRB099 07013 SMS 51549 a

12014, January 1, 2015, July 1, 2017, October 1, 2017, and
2January 1, 2018. These transfers shall constitute repayment of
3the $6,600,000 transfer made under Section 6z-18 of the State
4Finance Act.
5    All earnings received from investment of monies in the
6Illinois State Medical Disciplinary Fund shall be deposited in
7the Illinois State Medical Disciplinary Fund and shall be used
8for the same purposes as fees deposited in such Fund.
9    (E) Fees. The following fees are nonrefundable.
10        (1) Applicants for any examination shall be required to
11    pay, either to the Department or to the designated testing
12    service, a fee covering the cost of determining the
13    applicant's eligibility and providing the examination.
14    Failure to appear for the examination on the scheduled
15    date, at the time and place specified, after the
16    applicant's application for examination has been received
17    and acknowledged by the Department or the designated
18    testing service, shall result in the forfeiture of the
19    examination fee.
20        (2) Before July 1, 2018, the fee for a license under
21    Section 9 of this Act is $700. Beginning on July 1, 2018,
22    the fee for a license under Section 9 of this Act is $500.
23        (3) Before July 1, 2018, the fee for a license under
24    Section 19 of this Act is $700. Beginning on July 1, 2018,
25    the fee for a license under Section 19 of this Act is $500.
26        (4) Before July 1, 2018, the fee for the renewal of a



09900SB0870ham002- 7 -LRB099 07013 SMS 51549 a

1    license for a resident of Illinois shall be calculated at
2    the rate of $230 per year, and beginning on July 1, 2018,
3    the fee for the renewal of a license shall be $167, except
4    for licensees who were issued a license within 12 months of
5    the expiration date of the license, before July 1, 2018,
6    the fee for the renewal shall be $230, and beginning on
7    July 1, 2018 that fee will be $167. Before July 1, 2018,
8    the fee for the renewal of a license for a nonresident
9    shall be calculated at the rate of $460 per year, and
10    beginning on July 1, 2018, the fee for the renewal of a
11    license for a nonresident shall be $250, except for
12    licensees who were issued a license within 12 months of the
13    expiration date of the license, before July 1, 2018, the
14    fee for the renewal shall be $460, and beginning on July 1,
15    2018 that fee will be $250.
16        (5) The fee for the reinstatement of a license other
17    than from inactive status, is $230. In addition, payment of
18    all lapsed renewal fees not to exceed $1,400 is required.
19        (6) The fee for a 3-year temporary license under
20    Section 17 is $230.
21        (7) The fee for the issuance of a duplicate license,
22    for the issuance of a replacement license for a license
23    which has been lost or destroyed, or for the issuance of a
24    license with a change of name or address other than during
25    the renewal period is $20. No fee is required for name and
26    address changes on Department records when no duplicate



09900SB0870ham002- 8 -LRB099 07013 SMS 51549 a

1    license is issued.
2        (8) The fee to be paid for a license record for any
3    purpose is $20.
4        (9) The fee to be paid to have the scoring of an
5    examination, administered by the Department, reviewed and
6    verified, is $20 plus any fees charged by the applicable
7    testing service.
8        (10) The fee to be paid by a licensee for a wall
9    certificate showing his or her license shall be the actual
10    cost of producing the certificate as determined by the
11    Department.
12        (11) The fee for a roster of persons licensed as
13    physicians in this State shall be the actual cost of
14    producing such a roster as determined by the Department.
15    (F) Any person who delivers a check or other payment to the
16Department that is returned to the Department unpaid by the
17financial institution upon which it is drawn shall pay to the
18Department, in addition to the amount already owed to the
19Department, a fine of $50. The fines imposed by this Section
20are in addition to any other discipline provided under this Act
21for unlicensed practice or practice on a nonrenewed license.
22The Department shall notify the person that payment of fees and
23fines shall be paid to the Department by certified check or
24money order within 30 calendar days of the notification. If,
25after the expiration of 30 days from the date of the
26notification, the person has failed to submit the necessary



09900SB0870ham002- 9 -LRB099 07013 SMS 51549 a

1remittance, the Department shall automatically terminate the
2license or permit or deny the application, without hearing. If,
3after termination or denial, the person seeks a license or
4permit, he or she shall apply to the Department for
5reinstatement or issuance of the license or permit and pay all
6fees and fines due to the Department. The Department may
7establish a fee for the processing of an application for
8reinstatement of a license or permit to pay all expenses of
9processing this application. The Secretary may waive the fines
10due under this Section in individual cases where the Secretary
11finds that the fines would be unreasonable or unnecessarily
13(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13;
1498-1140, eff. 12-30-14.)
15    Section 20. The Illinois Optometric Practice Act of 1987 is
16amended by changing Sections 3, 9, 10, 11, 14, 15.1, 18, 20,
1721, 24, 26.2, 26.6, 26.7, 26.8, 26.15, and 27 and by adding
18Sections 9.5, 15.3, and 30 as follows:
19    (225 ILCS 80/3)  (from Ch. 111, par. 3903)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 3. Practice of optometry defined; referrals;
22manufacture of lenses and prisms.
23    (a) The practice of optometry is defined as the employment
24of any and all means for the examination, diagnosis, and



09900SB0870ham002- 10 -LRB099 07013 SMS 51549 a

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



09900SB0870ham002- 11 -LRB099 07013 SMS 51549 a

1    aids to partially sighted persons.
2        (7) Diagnoses or treats any ocular abnormality,
3    disease, or visual or muscular anomaly of the human eye or
4    visual system.
5        (8) Practices, or offers or attempts to practice,
6    optometry as defined in this Act either on his or her own
7    behalf or as an employee of a person, firm, or corporation,
8    whether under the supervision of his or her employer or
9    not.
10    Nothing in this Section shall be interpreted (A) (i) to
11prevent a person from functioning as an assistant under the
12direct supervision of a person licensed by the State of
13Illinois to practice optometry or medicine in all of its
14branches or (B) (ii) to prohibit visual screening programs that
15are conducted without a fee (other than voluntary donations),
16by charitable organizations acting in the public welfare under
17the supervision of a committee composed of persons licensed by
18the State of Illinois to practice optometry or persons licensed
19by the State of Illinois to practice medicine in all of its
21    (b) When, in the course of providing optometric services to
22any person, an optometrist licensed under this Act finds an
23indication of a disease or condition of the eye which in his or
24her professional judgment requires professional service
25outside the scope of practice as defined in this Act, he or she
26shall refer such person to a physician licensed to practice



09900SB0870ham002- 12 -LRB099 07013 SMS 51549 a

1medicine in all of its branches, or other appropriate health
2care practitioner. Nothing in this Act shall preclude an
3optometrist from rendering appropriate nonsurgical emergency
5    (c) Nothing contained in this Section shall prohibit a
6person from manufacturing ophthalmic lenses and prisms or the
7fabrication of contact lenses according to the specifications
8prescribed by an optometrist or a physician licensed to
9practice medicine in all of its branches, but shall
10specifically prohibit (1) the sale or delivery of ophthalmic
11lenses, prisms, and contact lenses without a prescription
12signed by an optometrist or a physician licensed to practice
13medicine in all of its branches and (2) the dispensing of
14contact lenses by anyone other than a licensed optometrist,
15licensed pharmacist, or a physician licensed to practice
16medicine in all of its branches. For the purposes of this Act,
17"contact lenses" include, but are not limited to, contact
18lenses with prescriptive power and decorative and plano power
19contact lenses. Nothing in this Section shall prohibit the sale
20of contact lenses by an optical firm or corporation primarily
21engaged in manufacturing or dealing in eyeglasses or contact
22lenses with an affiliated optometrist who practices and is
23licensed or has an ancillary registration for the location
24where the sale occurs.
25    (d) Nothing in this Act shall restrict the filling of a
26prescription by a pharmacist licensed under the Pharmacy



09900SB0870ham002- 13 -LRB099 07013 SMS 51549 a

1Practice Act.
2    (e) Nothing in this Act shall be construed to restrict the
3dispensing and sale by an optometrist of ocular devices, such
4as contact lenses, that contain and deliver ocular
5pharmaceutical agents permitted for use or prescription under
6this Act.
7    (f) On and after January 1, 2018, nothing in this Act shall
8prohibit an optometrist who is certified by a school of
9optometry approved by the Department from performing advanced
10optometric procedures, pursuant to educational requirements
11established by rule, that are consistent with the
12recommendations of the Collaborative
13Optometric/Ophthalmological Task Force created in Section 15.3
14of this Act and that are taught (1) at an accredited, private
154-year school of optometry that is located in a city in
16Illinois with a population in excess of 1,500,000, or (2) at a
17school of optometry with a curriculum that is substantially
18similar to the curriculum taught at the school of optometry
19described in item (1) of this subsection. Advanced optometric
20procedures do not include the use of lasers.
21(Source: P.A. 98-186, eff. 8-5-13.)
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



09900SB0870ham002- 14 -LRB099 07013 SMS 51549 a

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        (7) "Address of record" means the designated address
25    recorded by the Department in the applicant's application
26    file or the licensee's license file maintained by the



09900SB0870ham002- 15 -LRB099 07013 SMS 51549 a

1    Department's licensure maintenance unit.
2(Source: P.A. 98-186, eff. 8-5-13.)
3    (225 ILCS 80/9.5 new)
4    Sec. 9.5. Change of address. It is the duty of the
5applicant or licensee to inform the Department of any change of
6address within 14 days after such change either through the
7Department's website or by contacting the Department's
8licensure maintenance unit.
9    (225 ILCS 80/10)  (from Ch. 111, par. 3910)
10    (Section scheduled to be repealed on January 1, 2017)
11    Sec. 10. Powers and duties of Department; rules; report.
12The Department shall exercise the powers and duties prescribed
13by the Civil Administrative Code of Illinois for the
14administration of Licensing Acts and shall exercise such other
15powers and duties necessary for effectuating the purpose of
16this Act.
17    The Secretary shall promulgate Rules consistent with the
18provisions of this Act, for the administration and enforcement
19thereof and may prescribe forms that shall be issued in
20connection therewith. The rules shall include standards and
21criteria for licensure and certification, and professional
22conduct and discipline.
23    The Department shall consult with the Board in promulgating
24rules. Notice of proposed rulemaking shall be transmitted to



09900SB0870ham002- 16 -LRB099 07013 SMS 51549 a

1the Board and the Department shall review the Board's responses
2and any recommendations made therein. The Department shall
3notify the Board in writing with explanations of deviations
4from the Board's recommendations and responses. The Department
5may solicit the advice of the Board on any matter relating to
6the administration and enforcement of this Act.
7(Source: P.A. 94-787, eff. 5-19-06.)
8    (225 ILCS 80/11)  (from Ch. 111, par. 3911)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 11. Optometric Licensing and Disciplinary Board. The
11Secretary shall appoint an Illinois Optometric Licensing and
12Disciplinary Board as follows: Seven persons who shall be
13appointed by and shall serve in an advisory capacity to the
14Secretary. Five members must be lawfully and actively engaged
15in the practice of optometry in this State, one member shall be
16a licensed optometrist, with a full-time faculty appointment
17with the Illinois College of Optometry, and one member must be
18a member of the public who shall be a voting member and is not
19licensed under this Act, or a similar Act of another
20jurisdiction, or have any connection with the profession.
21Neither the public member nor the faculty member shall
22participate in the preparation or administration of the
23examination of applicants for licensure.
24    Members shall serve 4-year terms and until their successors
25are appointed and qualified. No member shall be appointed to



09900SB0870ham002- 17 -LRB099 07013 SMS 51549 a

1the Board for more than 2 successive 4-year terms, not counting
2any partial terms when appointed to fill the unexpired portion
3of a vacated term. Appointments to fill vacancies shall be made
4in the same manner as original appointments, for the unexpired
5portion of the vacated term.
6    The Board shall annually elect a chairperson and a
7vice-chairperson, both of whom shall be licensed optometrists.
8    The membership of the Board should reasonably reflect
9representation from the geographic areas in this State.
10    A majority of the Board members currently appointed shall
11constitute a quorum. A vacancy in the membership of the Board
12shall not impair the right of a quorum to perform all of the
13duties of the Board.
14    The Secretary may terminate the appointment of any member
15for cause.
16    The members of the Board shall be reimbursed for all
17authorized legitimate and necessary expenses incurred in
18attending the meetings of the Board.
19    Members of the Board shall have no liability in any action
20based upon any disciplinary proceeding or other activity
21performed in good faith as a member of the Board.
22    The Secretary shall give due consideration to all
23recommendations of the Board, and in the event that the
24Secretary disagrees with or takes action contrary to the
25recommendation of the Board, he or she shall provide the Board
26with a written and specific explanation of this action. None of



09900SB0870ham002- 18 -LRB099 07013 SMS 51549 a

1the functions, powers or duties of the Department with respect
2to policy matters relating to licensure, discipline, and
3examination, including the promulgation of such rules as may be
4necessary for the administration of this Act, shall be
5exercised by the Department except upon review of the Board.
6    Without, in any manner, limiting the power of the
7Department to conduct investigations, the Board may recommend
8to the Secretary that one or more licensed optometrists be
9selected by the Secretary to conduct or assist in any
10investigation pursuant to this Act. Such licensed optometrist
11may receive remuneration as determined by the Secretary.
12(Source: P.A. 96-270, eff. 1-1-10.)
13    (225 ILCS 80/14)  (from Ch. 111, par. 3914)
14    (Section scheduled to be repealed on January 1, 2017)
15    Sec. 14. A person shall be qualified for initial licensure
16as an optometrist if that person has applied in writing in form
17and substance satisfactory to the Department and who:
18    (1) (blank) has not been convicted of any of the provisions
19of Section 24 of this Act which would be grounds for discipline
20under this Act;
21    (2) has graduated, after January 1, 1994, from a program of
22optometry education approved by the Department or has
23graduated, prior to January 1, 1994, and has met substantially
24equivalent criteria established by the Department;
25    (3) (blank); and



09900SB0870ham002- 19 -LRB099 07013 SMS 51549 a

1    (4) has met all examination requirements including the
2passage of a nationally recognized examination authorized by
3the Department. Each applicant shall be tested on theoretical
4knowledge and clinical practice skills.
5(Source: P.A. 94-787, eff. 5-19-06.)
6    (225 ILCS 80/15.1)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 15.1. Diagnostic and therapeutic authority.
9    (a) For purposes of the Act, "ocular pharmaceutical agents"
10means topical anesthetics, topical mydriatics, topical
11cycloplegics, topical miotics and mydriatic reversing agents,
12anti-infective agents, anti-allergy agents, anti-glaucoma
13agents (except oral carbonic anhydrase inhibitors, which may be
14prescribed only in a quantity sufficient to provide treatment
15for up to 30 days 72 hours), anti-inflammatory agents (except
16oral steroids, which may be prescribed only in a quantity
17sufficient to provide treatment for up to 7 days),
18over-the-counter agents, analgesic agents, anti-dry eye
19agents, and agents for the treatment of hypotrichosis.
20    (a-3) In addition to ocular pharmaceutical agents that fall
21within the categories set forth in subsection (a) of this
22Section, the Board may add a pharmaceutical agent approved by
23the FDA or class of agents for the purpose of the diagnosis or
24treatment of conditions of the eye and adnexa after
25consideration of the agent's systemic effects, side effects,



09900SB0870ham002- 20 -LRB099 07013 SMS 51549 a

1and the use of the agent within the practice of optometry. The
2Board shall consider requests for additional agents and make
3recommendations within 90 days after the receipt of the
5    Within 45 days after the Board's recommendation to the
6Department of a pharmaceutical agent or class of agents, the
7Department shall promulgate rules necessary to allow for the
8prescribing or administering of the pharmaceutical agent or
9class of agents under this Act.
10    (a-5) Ocular pharmaceutical agents administered by
11injection may be used only for the treatment of anaphylaxis.
12    (a-10) Oral pharmaceutical agents may be prescribed for a
13child under 5 years of age only in consultation with a
14physician licensed to practice medicine in all its branches.
15    (a-15) The authority to prescribe a Schedule III, IV, or V
16controlled substance shall include analgesic agents only in a
17quantity sufficient to provide treatment for up to 72 hours.
18The prescription of a Schedule II controlled substance is
19prohibited, except for Dihydrocodeinone (Hydrocodone) with one
20or more active, non-narcotic ingredients only in a quantity
21sufficient to provide treatment for up to 72 hours, and only if
22such formulations of Dihydrocodeinone are reclassified as
23Schedule II by federal regulation.
24    (b) A licensed optometrist may remove superficial foreign
25bodies from the human eye and adnexa and may give orders for
26patient care to a nurse or other health care provider licensed



09900SB0870ham002- 21 -LRB099 07013 SMS 51549 a

1to practice under Illinois law.
2    (c) An optometrist's license shall be revoked or suspended
3by the Department upon recommendation of the Board based upon
4either of the following causes:
5        (1) grave or repeated misuse of any ocular
6    pharmaceutical agent; and
7        (2) the use of any agent or procedure in the course of
8    optometric practice by an optometrist not properly
9    authorized under this Act.
10    (d) The Secretary of Financial and Professional Regulation
11shall notify the Director of Public Health as to the categories
12of ocular pharmaceutical agents permitted for use by an
13optometrist. The Director of Public Health shall in turn notify
14every licensed pharmacist in the State of the categories of
15ocular pharmaceutical agents that can be utilized and
16prescribed by an optometrist.
17(Source: P.A. 97-170, eff. 7-22-11; 98-1111, eff. 8-26-14.)
18    (225 ILCS 80/15.3 new)
19    Sec. 15.3. The Collaborative Optometric/Ophthalmological
20Task Force. In order to protect the public and provide quality
21care, a Collaborative Optometric/Ophthalmological Task Force
22is established. This Task Force shall collaboratively develop
23minimum educational requirements for an optometrist to perform
24advanced optometric procedures. Advanced optometric procedures
25do not include the use of lasers.



09900SB0870ham002- 22 -LRB099 07013 SMS 51549 a

1    The Collaborative Optometric/Ophthalmological Task Force
2shall be comprised of a representative of a statewide
3organization representing optometry, a representative of a
4statewide organization representing ophthalmology, a
5representative of a statewide organization representing
6physicians licensed to practice medicine in all of its
7branches, a representative of an accredited, private 4-year
8school of optometry located in a city in Illinois with a
9population of more than 1,500,000 persons. The Department shall
10provide administrative support to the Collaborative
11Optometric/Ophthalmological Task Force. The Task Force shall
12meet at least monthly.
13    No later than September 1, 2017, the statewide organization
14representing ophthalmology shall provide to the Collaborative
15Optometric/Ophthalmological Task Force its recommended minimum
16educational requirements for a licensed optometrist to obtain a
17certification to perform advanced optometric procedures.
18    No later than January 1, 2018, the Department, in direct
19consultation with the Collaborative
20Optometric/Ophthalmological Task Force, shall propose rules
21for adoption that are consistent with the Task Force's
22recommendations, or recommend legislation to the General
23Assembly, providing educational requirements that must be met
24for an optometrist to obtain certification from a school of
25optometry approved by the Department to perform advanced
26optometric procedures as taught (1) at an accredited, private



09900SB0870ham002- 23 -LRB099 07013 SMS 51549 a

14-year school of optometry that is located in a city in
2Illinois with a population in excess of 1,500,000, or (2) at a
3school of optometry with a curriculum that is substantially
4similar to the curriculum taught at the school of optometry
5described in item (1) of this paragraph.
6    (225 ILCS 80/18)  (from Ch. 111, par. 3918)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 18. Endorsement. The Department may, in its
9discretion, license as an optometrist, without examination on
10payment of the required fee, an applicant who is so licensed
11under the laws of another state or U.S. jurisdiction of the
12United States. The Department may issue a license, upon payment
13of the required fee and recommendation of the Board, to an
14individual applicant who is licensed in any foreign country or
15province whose standards, in the opinion of the Board or
16Department, if the requirements for licensure in the
17jurisdiction in which the applicant was licensed, were, at the
18date of his or her licensure, substantially equivalent to the
19requirements then in force in this State; or if the applicant
20possesses individual qualifications and skills which
21demonstrate substantial equivalence to current Illinois
23    Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed in 3 years, the application shall be denied, the fee



09900SB0870ham002- 24 -LRB099 07013 SMS 51549 a

1forfeited and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 89-702, eff. 7-1-97.)
4    (225 ILCS 80/20)  (from Ch. 111, par. 3920)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 20. Fund. All moneys received by the Department
7pursuant to this Act shall be deposited in the Optometric
8Licensing and Disciplinary Board Fund, which is hereby created
9as a special fund in the State Treasury, and shall be used for
10the administration of this Act, including: (a) by the Board and
11Department in the exercise of its powers and performance of its
12duties, as such use is made by the Department with full
13consideration of all recommendations of the Board; (b) for
14costs directly related to license renewal of persons licensed
15under this Act; and (c) for direct and allocable indirect costs
16related to the public purposes of the Department of Financial
17and Professional Regulation. Subject to appropriation, moneys
18in the Optometric Licensing and Disciplinary Board Fund may be
19used for the Optometric Education Scholarship Program
20administered by the Illinois Student Assistance Commission
21pursuant to Section 65.70 of the Higher Education Student
22Assistance Act.
23    Moneys in the Fund may be transferred to the Professions
24Indirect Cost Fund as authorized under Section 2105-300 of the
25Department of Professional Regulation Law (20 ILCS



09900SB0870ham002- 25 -LRB099 07013 SMS 51549 a

2    Money in the Optometric Licensing and Disciplinary Board
3Fund may be invested and reinvested, with all earnings received
4from such investment to be deposited in the Optometric
5Licensing and Disciplinary Board Fund and used for the same
6purposes as fees deposited in such fund.
7(Source: P.A. 94-787, eff. 5-19-06.)
8    (225 ILCS 80/21)  (from Ch. 111, par. 3921)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 21. The Department shall maintain a roster of the
11names and addresses of all licensees and of all persons whose
12licenses have been suspended or revoked. This roster shall be
13available upon written request and payment of the required fee.
14(Source: P.A. 94-787, eff. 5-19-06.)
15    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 24. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including fines not to exceed $10,000 for
22each violation, with regard to any license for any one or
23combination of the causes set forth in subsection (a-3) of this
24Section. All fines collected under this Section shall be



09900SB0870ham002- 26 -LRB099 07013 SMS 51549 a

1deposited in the Optometric Licensing and Disciplinary Board
2Fund. Any fine imposed shall be payable within 60 days after
3the effective date of the order imposing the fine.
4    (a-3) Grounds for disciplinary action include the
6        (1) Violations of this Act, or of the rules promulgated
7    hereunder.
8        (2) Conviction of or entry of a plea of guilty to any
9    crime under the laws of any U.S. jurisdiction thereof that
10    is a felony or that is a misdemeanor of which an essential
11    element is dishonesty, or any crime that is directly
12    related to the practice of the profession.
13        (3) Making any misrepresentation for the purpose of
14    obtaining a license.
15        (4) Professional incompetence or gross negligence in
16    the practice of optometry.
17        (5) Gross malpractice, prima facie evidence of which
18    may be a conviction or judgment of malpractice in any court
19    of competent jurisdiction.
20        (6) Aiding or assisting another person in violating any
21    provision of this Act or rules.
22        (7) Failing, within 60 days, to provide information in
23    response to a written request made by the Department that
24    has been sent by certified or registered mail to the
25    licensee's last known address.
26        (8) Engaging in dishonorable, unethical, or



09900SB0870ham002- 27 -LRB099 07013 SMS 51549 a

1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public.
3        (9) Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants or any other chemical agent or drug
5    that results in the inability to practice with reasonable
6    judgment, skill, or safety.
7        (10) Discipline by another U.S. jurisdiction or
8    foreign nation, if at least one of the grounds for the
9    discipline is the same or substantially equivalent to those
10    set forth herein.
11        (11) Violation of the prohibition against fee
12    splitting in Section 24.2 of this Act.
13        (12) A finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status has violated the terms of probation.
16        (13) Abandonment of a patient.
17        (14) Willfully making or filing false records or
18    reports in his or her practice, including but not limited
19    to false records filed with State agencies or departments.
20        (15) Willfully failing to report an instance of
21    suspected abuse or neglect as required by law.
22        (16) Physical illness, including but not limited to,
23    deterioration through the aging process, or loss of motor
24    skill, mental illness, or disability that results in the
25    inability to practice the profession with reasonable
26    judgment, skill, or safety.



09900SB0870ham002- 28 -LRB099 07013 SMS 51549 a

1        (17) Solicitation of professional services other than
2    permitted advertising.
3        (18) Failure to provide a patient with a copy of his or
4    her record or prescription in accordance with federal law.
5        (19) Conviction by any court of competent
6    jurisdiction, either within or without this State, of any
7    violation of any law governing the practice of optometry,
8    conviction in this or another State of any crime that is a
9    felony under the laws of this State or conviction of a
10    felony in a federal court, if the Department determines,
11    after investigation, that such person has not been
12    sufficiently rehabilitated to warrant the public trust.
13        (20) A finding that licensure has been applied for or
14    obtained by fraudulent means.
15        (21) Continued practice by a person knowingly having an
16    infectious or contagious disease.
17        (22) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or a
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (23) Practicing or attempting to practice under a name
25    other than the full name as shown on his or her license.
26        (24) Immoral conduct in the commission of any act, such



09900SB0870ham002- 29 -LRB099 07013 SMS 51549 a

1    as sexual abuse, sexual misconduct or sexual exploitation,
2    related to the licensee's practice.
3        (25) Maintaining a professional relationship with any
4    person, firm, or corporation when the optometrist knows, or
5    should know, that such person, firm, or corporation is
6    violating this Act.
7        (26) Promotion of the sale of drugs, devices,
8    appliances or goods provided for a client or patient in
9    such manner as to exploit the patient or client for
10    financial gain of the licensee.
11        (27) Using the title "Doctor" or its abbreviation
12    without further qualifying that title or abbreviation with
13    the word "optometry" or "optometrist".
14        (28) Use by a licensed optometrist of the word
15    "infirmary", "hospital", "school", "university", in
16    English or any other language, in connection with the place
17    where optometry may be practiced or demonstrated unless the
18    licensee is employed by and practicing at a location that
19    is licensed as a hospital or accredited as a school or
20    university.
21        (29) Continuance of an optometrist in the employ of any
22    person, firm or corporation, or as an assistant to any
23    optometrist or optometrists, directly or indirectly, after
24    his or her employer or superior has been found guilty of
25    violating or has been enjoined from violating the laws of
26    the State of Illinois relating to the practice of



09900SB0870ham002- 30 -LRB099 07013 SMS 51549 a

1    optometry, when the employer or superior persists in that
2    violation.
3        (30) The performance of optometric service in
4    conjunction with a scheme or plan with another person, firm
5    or corporation known to be advertising in a manner contrary
6    to this Act or otherwise violating the laws of the State of
7    Illinois concerning the practice of optometry.
8        (31) Failure to provide satisfactory proof of having
9    participated in approved continuing education programs as
10    determined by the Board and approved by the Secretary.
11    Exceptions for extreme hardships are to be defined by the
12    rules of the Department.
13        (32) Willfully making or filing false records or
14    reports in the practice of optometry, including, but not
15    limited to false records to support claims against the
16    medical assistance program of the Department of Healthcare
17    and Family Services (formerly Department of Public Aid)
18    under the Illinois Public Aid Code.
19        (33) Gross and willful overcharging for professional
20    services including filing false statements for collection
21    of fees for which services are not rendered, including, but
22    not limited to filing false statements for collection of
23    monies for services not rendered from the medical
24    assistance program of the Department of Healthcare and
25    Family Services (formerly Department of Public Aid) under
26    the Illinois Public Aid Code.



09900SB0870ham002- 31 -LRB099 07013 SMS 51549 a

1        (34) In the absence of good reasons to the contrary,
2    failure to perform a minimum eye examination as required by
3    the rules of the Department.
4        (35) Violation of the Health Care Worker Self-Referral
5    Act.
6    The Department shall may refuse to issue or shall may
7suspend the license of any person who fails to file a return,
8or to pay the tax, penalty or interest shown in a filed return,
9or to pay any final assessment of the tax, penalty or interest,
10as required by any tax Act administered by the Illinois
11Department of Revenue, until such time as the requirements of
12any such tax Act are satisfied.
13    (a-5) In enforcing this Section, the Board or Department,
14upon a showing of a possible violation, may compel any
15individual licensed to practice under this Act, or who has
16applied for licensure or certification pursuant to this Act, to
17submit to a mental or physical examination, or both, as
18required by and at the expense of the Department. The examining
19physicians or clinical psychologists shall be those
20specifically designated by the Department Board. The Board or
21the Department may order the examining physician or clinical
22psychologist to present testimony concerning this mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician or clinical



09900SB0870ham002- 32 -LRB099 07013 SMS 51549 a

1psychologist. Eye examinations may be provided by a licensed
2optometrist. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice present
4during all aspects of the examination. Failure of any
5individual to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of a license until
7such time as the individual submits to the examination if the
8Board or Department finds, after notice and hearing, that the
9refusal to submit to the examination was without reasonable
11    If the Board or Department finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Board or Department shall require such individual to submit to
14care, counseling, or treatment by physicians or clinical
15psychologists approved or designated by the Department Board,
16as a condition, term, or restriction for continued, reinstated,
17or renewed licensure to practice, or in lieu of care,
18counseling, or treatment, the Board may recommend to the
19Department to file a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the individual, or the
21Board may recommend to the Department to file a complaint to
22suspend, revoke, or otherwise discipline the license of the
23individual. Any individual whose license was granted pursuant
24to this Act, or continued, reinstated, renewed, disciplined, or
25supervised, subject to such conditions, terms, or
26restrictions, who shall fail to comply with such conditions,



09900SB0870ham002- 33 -LRB099 07013 SMS 51549 a

1terms, or restrictions, shall be referred to the Secretary for
2a determination as to whether the individual shall have his or
3her license suspended immediately, pending a hearing by the
5    (b) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code operates as an automatic suspension. The suspension will
9end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and issues an order so finding and discharging the patient; and
12upon the recommendation of the Board to the Secretary that the
13licensee be allowed to resume his or her practice.
14(Source: P.A. 99-43, eff. 1-1-16.)
15    (225 ILCS 80/26.2)  (from Ch. 111, par. 3926.2)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 26.2. Investigation; notice. The Department may
18investigate the actions of any applicant or of any person or
19persons holding or claiming to hold a license. The Department
20shall, before suspending, revoking, placing on probationary
21status, or taking any other disciplinary action as the
22Department may deem proper with regard to any license, at least
2330 days prior to the date set for the hearing, notify the
24accused in writing of any charges made and the time and place
25for a hearing of the charges before the Board, direct him or



09900SB0870ham002- 34 -LRB099 07013 SMS 51549 a

1her to file his or her written answer to the Board under oath
2within 20 days after the service on him or her of the notice
3and inform him or her that if he or she fails to file an answer
4default will be taken against him or her and his or her license
5may be suspended, revoked, placed on probationary status, or
6have other disciplinary action, including limiting the scope,
7nature or extent of his or her practice, as the Department may
8deem proper taken with regard thereto. The Such written notice
9and any notice in the subsequent proceeding may be served by
10personal delivery or by regular or certified delivery or
11certified or registered mail to the applicant's or licensee's
12address of record Department. In case the person fails to file
13an answer after receiving notice, his or her license may, in
14the discretion of the Department, be suspended, revoked, or
15placed on probationary status, or the Department may take
16whatever disciplinary action deemed proper, including limiting
17the scope, nature, or extent of the person's practice or the
18imposition of a fine, without a hearing, if the act or acts
19charged constitute sufficient grounds for such action under
20this Act. At the time and place fixed in the notice, the
21Department shall proceed to hear the charges and the parties or
22their counsel shall be accorded ample opportunity to present
23such statements, testimony, evidence and argument as may be
24pertinent to the charges or to their defense. The Department
25may continue the hearing from time to time. At the discretion
26of the Secretary after having first received the recommendation



09900SB0870ham002- 35 -LRB099 07013 SMS 51549 a

1of the Board, the accused person's license may be suspended,
2revoked, placed on probationary status, or whatever
3disciplinary action as the Secretary may deem proper, including
4limiting the scope, nature, or extent of said person's
5practice, without a hearing, if the act or acts charged
6constitute sufficient grounds for such action under this Act.
7(Source: P.A. 94-787, eff. 5-19-06.)
8    (225 ILCS 80/26.6)  (from Ch. 111, par. 3926.6)
9    (Section scheduled to be repealed on January 1, 2017)
10    Sec. 26.6. Findings of fact, conclusions of law, and
11recommendations. At the conclusion of the hearing the Board
12shall present to the Secretary a written report of its findings
13of fact, conclusions of law and recommendations. The report
14shall contain a finding whether or not the accused person
15violated this Act or failed to comply with the conditions
16required in this Act. The Board shall specify the nature of the
17violation or failure to comply, and shall make its
18recommendations to the Secretary.
19    The report of findings of fact, conclusions of law and
20recommendations of the Board shall be the basis for the
21Department's order. If the Secretary disagrees in any regard
22with the report of the Board, the Secretary may issue an order
23in contravention thereof. The Secretary shall provide within 60
24days of taking such action a written report to the Board on any
25such deviation, and shall specify with particularity the



09900SB0870ham002- 36 -LRB099 07013 SMS 51549 a

1reasons for said action in the final order. The finding is not
2admissible in evidence against the person in a criminal
3prosecution brought for the violation of this Act, but the
4hearing and findings are not a bar to a criminal prosecution
5brought for the violation of this Act.
6    At any point in any investigation or disciplinary
7proceeding provided for in this Act, both parties may agree to
8a negotiated consent order. The consent order shall be final
9upon the signature of the Secretary.
10(Source: P.A. 94-787, eff. 5-19-06.)
11    (225 ILCS 80/26.7)  (from Ch. 111, par. 3926.7)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 26.7. Hearing officer. Notwithstanding the provisions
14of Section 26.6 of this Act, the Secretary shall have the
15authority to appoint any attorney duly licensed to practice law
16in the State of Illinois to serve as the hearing officer in any
17action for discipline of a license. The Secretary shall notify
18the Board of any such appointment. The hearing officer shall
19have full authority to conduct the hearing. The Board shall
20have the right to have at least one member present at any
21hearing conducted by such hearing officer. The hearing officer
22shall report his or her findings of fact, conclusions of law
23and recommendations to the Board and the Secretary. The Board
24shall have 60 days from receipt of the report to review the
25report of the hearing officer and present its findings of fact,



09900SB0870ham002- 37 -LRB099 07013 SMS 51549 a

1conclusions of law and recommendations to the Secretary. If the
2Board fails to present its report within the 60 day period, the
3Secretary shall issue an order based on the report of the
4hearing officer. If the Secretary disagrees in any regard with
5the report of the Board or hearing officer, he or she may issue
6an order in contravention thereof. The Secretary shall provide
7a written explanation to the Board on any such deviation, and
8shall specify with particularity the reasons for such action in
9the final order.
10(Source: P.A. 94-787, eff. 5-19-06.)
11    (225 ILCS 80/26.8)  (from Ch. 111, par. 3926.8)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 26.8. Service of report; rehearing; order. In any case
14involving the discipline of a license, a copy of the Board's
15and hearing officer's report shall be served upon the
16respondent by the Department, either personally or as provided
17in this Act for the service of the notice of hearing. Within 20
18days after such service, the respondent may present to the
19Department a motion in writing for a rehearing, which motion
20shall specify the particular grounds therefor. If no motion for
21rehearing is filed, then upon the expiration of the time
22specified for filing such a motion, or if a motion for
23rehearing is denied, then upon such denial the Secretary may
24enter an order in accordance with this Act. If the respondent
25shall order from the reporting service, and pay for a



09900SB0870ham002- 38 -LRB099 07013 SMS 51549 a

1transcript of the record within the time for filing a motion
2for rehearing, the 20 day period within which such a motion may
3be filed shall commence upon the delivery of the transcript to
4the respondent.
5(Source: P.A. 94-787, eff. 5-19-06.)
6    (225 ILCS 80/26.15)  (from Ch. 111, par. 3926.15)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 26.15. Certification of record. The Department shall
9not be required to certify any record to the Court or file any
10answer in court or otherwise appear in any court in a judicial
11review proceeding, unless and until the Department has received
12from the plaintiff there is filed in the court, with the
13complaint, a receipt from the Department acknowledging payment
14of the costs of furnishing and certifying the record, which
15costs shall be determined by the Department. Failure on the
16part of the plaintiff to file a receipt in Court shall be
17grounds for dismissal of the action.
18(Source: P.A. 87-1031.)
19    (225 ILCS 80/27)  (from Ch. 111, par. 3927)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 27. Administrative Procedure Act. The Illinois
22Administrative Procedure Act is hereby expressly adopted and
23incorporated herein as if all of the provisions of that Act
24were included in this Act, except that the provision of



09900SB0870ham002- 39 -LRB099 07013 SMS 51549 a

1subsection (d) of Section 10-65 of the Illinois Administrative
2Procedure Act that provides that at hearings the licensee has
3the right to show compliance with all lawful requirements for
4retention, continuation or renewal of the license is
5specifically excluded. For the purpose of this Act the notice
6required under Section 10-25 of the Administrative Procedure
7Act is deemed sufficient when mailed to the last known address
8of a party.
9(Source: P.A. 88-45.)
10    (225 ILCS 80/30 new)
11    Sec. 30. Confidentiality. All information collected by the
12Department in the course of an examination or investigation of
13a licensee or applicant, including, but not limited to, any
14complaint against a license filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department may not disclose the
18information to anyone other than law enforcement officials,
19other regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or a party presenting
21a lawful subpoena to the Department. Information and documents
22disclosed to a federal, State, county, or local law enforcement
23agency shall not be disclosed by the agency for any purpose to
24any other agency or person. A formal complaint filed against a
25licensee by the Department or any order issued by the



09900SB0870ham002- 40 -LRB099 07013 SMS 51549 a

1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
3    Section 99. Effective date. This Section and Sections 5,
410, and 15 take effect upon becoming law. Section 20 takes
5effect on January 1, 2017, except that the provisions of
6Section 20 that add Section 15.3 to the Illinois Optometric
7Practice Act of 1987 take effect upon becoming law.".