State of Illinois
92nd General Assembly
Legislation

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92_HB2595enr

 
HB2595 Enrolled                                LRB9202314LBgc

 1        AN ACT in relation to the regulation of professions.

 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
 5    is amended by  changing  Sections  12,  16,  17,  and  22  as
 6    follows:

 7        (225 ILCS 80/12) (from Ch. 111, par. 3912)
 8        Sec.  12.  Applications  for  licenses  and certificates.
 9    Applications for original licenses and certificates shall  be
10    made  to the Department in writing on forms prescribed by the
11    Department and shall be  accompanied  by  the  required  fee,
12    which  shall  not  be refundable.  Any such application shall
13    require such information as in the judgment of the Department
14    will enable the Department to pass on the  qualifications  of
15    the applicant for a license or certificate.
16        An  applicant  for  initial  licensure in  Illinois shall
17    apply for and be qualified  to  receive  and  shall  maintain
18    certification   to  use  diagnostic  and  therapeutic  ocular
19    pharmaceuticals.
20        Applicants have 3 years from the date of  application  to
21    complete  the  application  process.   If the process has not
22    been completed within  3  years,  the  application  shall  be
23    denied,  the  application  fees  shall  be forfeited, and the
24    applicant must reapply and meet the requirements in effect at
25    the time of reapplication.
26        Applicants who meet all other  conditions  for  licensure
27    and  who  will be practicing optometry in a residency program
28    approved by the Board may apply for and receive a limited one
29    year license to practice  optometry  as  a  resident  in  the
30    program.   A  licensee  who  receives a limited license under
31    this   Section   shall   have   the   same   privileges   and
 
HB2595 Enrolled            -2-                 LRB9202314LBgc
 1    responsibilities as a therapeutically certified licensee.
 2    (Source: P.A. 91-141, eff. 7-16-99.)

 3        (225 ILCS 80/16) (from Ch. 111, par. 3916)
 4        Sec.  16.   Renewal,  reinstatement  or  restoration   of
 5    licenses;  military  service. The expiration date and renewal
 6    period for each license and certificate issued under this Act
 7    shall be set by rule.
 8        All renewal applicants shall provide proof of having  met
 9    the  requirements  of  continuing  education set forth in the
10    rules of the Department.   The  Department  shall,  by  rule,
11    provide  for  an  orderly  process  for  the reinstatement of
12    licenses which have not been renewed due to failure  to  meet
13    the   continuing   education  requirements.   The  continuing
14    education requirement may  be  waived  in  cases  of  extreme
15    hardship as defined by rules of the Department.
16        The  Department  shall  establish by rule a means for the
17    verification  of  completion  of  the  continuing   education
18    required   by   this   Section.   This  verification  may  be
19    accomplished  through  audits  of   records   maintained   by
20    registrants;  by requiring the filing of continuing education
21    certificates  with  the  Department;  or   by   other   means
22    established by the Department.
23        Any  optometrist  who has permitted his or her license to
24    expire or who has had his or her license on  inactive  status
25    may have his or her license restored by making application to
26    the  Department and filing proof acceptable to the Department
27    of his or her fitness to have his or her license restored and
28    by paying the required  fees.   Such  proof  of  fitness  may
29    include  evidence  certifying  to  active  lawful practice in
30    another jurisdiction and must include proof of the completion
31    of the continuing education  requirements  specified  in  the
32    rules  for  the  preceding  license  renewal  period  for the
33    applicant's level of certification that  has  been  completed
 
HB2595 Enrolled            -3-                 LRB9202314LBgc
 1    during  the  2  years  prior  to  the application for license
 2    restoration.
 3        The Department shall determine, by an evaluation  program
 4    established  by  rule,  his or her fitness for restoration of
 5    his  or  her  license  and  shall  establish  procedures  and
 6    requirements for such restoration.
 7        However, any optometrist whose license expired  while  he
 8    or  she  was  (1)  in Federal Service on active duty with the
 9    Armed Forces of the  United  States,  or  the  State  Militia
10    called  into  service  or  training,  or  (2)  in training or
11    education  under  the  supervision  of  the   United   States
12    preliminary  to induction into the military service, may have
13    his or her license restored without paying any lapsed renewal
14    fees if within 2 years after honorable  termination  of  such
15    service,  training,  or  education,  he  or she furnishes the
16    Department with satisfactory evidence to the effect  that  he
17    or  she  has  been  so  engaged  and that his or her service,
18    training, or education has been so terminated.
19    (Source: P.A. 89-702, eff. 7-1-97.)

20        (225 ILCS 80/17) (from Ch. 111, par. 3917)
21        Sec. 17.  Inactive status. Any optometrist  who  notifies
22    the   Department  in  writing  on  forms  prescribed  by  the
23    Department, may elect to place  his  or  her  license  on  an
24    inactive  status and shall be excused from payment of renewal
25    fees until he or she notifies the Department  in  writing  of
26    his intent to restore his or her license.
27        Any  optometrist  requesting  restoration  from  inactive
28    status  shall  be required to pay the current renewal fee, to
29    provide proof  of  completion  of  the  continuing  education
30    requirements specified in the rules for the preceding license
31    renewal  period  for  the  applicant's level of certification
32    that has been completed during  the  2  years  prior  to  the
33    application for restoration, and shall be required to restore
 
HB2595 Enrolled            -4-                 LRB9202314LBgc
 1    his or her license as provided by rule of the Department.
 2        Any  optometrist  whose  license is in an inactive status
 3    shall not practice optometry in the State of Illinois.
 4        Any licensee who shall practice while his or her  license
 5    is  lapsed  or  on  inactive status shall be considered to be
 6    practicing without a  license  which  shall  be  grounds  for
 7    discipline under Section 24 subsection (a) of this Act.
 8    (Source: P.A. 89-702, eff. 7-1-97.)

 9        (225 ILCS 80/22) (from Ch. 111, par. 3922)
10        Sec.   22.   Any  person  licensed  under  this  Act  may
11    advertise the availability of professional  services  in  the
12    public  media  or  on  the  premises  where such professional
13    services are  rendered  provided  that  such  advertising  is
14    truthful  and  not misleading and is in conformity with rules
15    promulgated by the Department.
16        It is unlawful for any person licensed under this Act  to
17    use  testimonials  or  claims  of superior quality of care to
18    entice the public.
19    (Source: P.A. 85-896.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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