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Public Act 096-0461
Public Act 0461 96TH GENERAL ASSEMBLY
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Public Act 096-0461
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| HB2396 Enrolled |
LRB096 07507 ASK 17600 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Optometric Practice Act of 1987 is | amended by changing Section 3 as follows:
| (225 ILCS 80/3) (from Ch. 111, par. 3903)
| (Section scheduled to be repealed on January 1, 2017)
| Sec. 3. Practice of optometry defined; referrals; | manufacture of lenses
and prisms. | (a) The practice of optometry is defined as the employment | of any
and all means for the examination, diagnosis, and | treatment of the human
visual system, the human eye, and its | appendages without the use of
surgery, including but not | limited to: the appropriate
use of ocular
pharmaceutical | agents; refraction and other determinants of visual function;
| prescribing corrective lenses or prisms; prescribing, | dispensing, or management
of contact lenses; vision therapy; | visual rehabilitation; or any other
procedures taught in | schools and colleges of optometry approved by the
Department, | and not specifically restricted in this Act, subject to
| demonstrated competency and training as required by the Board, | and pursuant
to rule or regulation approved by the Board and | adopted by
the Department.
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| A person shall be deemed to be practicing optometry within | the meaning of
this Act who:
| (1) In any way presents himself or herself to be | qualified to
practice optometry.
| (2) Performs refractions or employs any other | determinants of
visual function.
| (3) Employs any means for the adaptation of lenses or | prisms.
| (4) Prescribes corrective lenses, prisms, vision | therapy,
visual rehabilitation, or ocular pharmaceutical | agents.
| (5) Prescribes or manages contact lenses for | refractive,
cosmetic, or therapeutic purposes.
| (6) Evaluates the need for, or prescribes, low vision | aids to
partially sighted persons.
| (7) Diagnoses or treats any ocular abnormality, | disease, or
visual or muscular anomaly of the human eye or | visual system.
| (8) Practices, or offers or attempts to practice, | optometry as defined in
this Act either on his or her own | behalf or as an employee
of a person, firm,
or corporation, | whether under the supervision of his or her employer or | not.
| Nothing in this Section shall be interpreted (i) to prevent | a person from
functioning as an assistant under the direct | supervision of a person licensed
by the State of Illinois to |
| practice optometry or medicine in all of its
branches or (ii) | to prohibit visual screening programs that
are conducted | without a fee (other than voluntary donations), by
charitable | organizations
acting in the public welfare under
the | supervision of a committee composed of persons licensed by the | State of
Illinois to practice optometry or persons licensed by | the State of Illinois
to practice medicine in all of its | branches.
| (b) When, in the course of providing optometric services to | any person,
an optometrist licensed under this Act finds an | indication of a disease or
condition of the eye which in his or | her professional judgment requires
professional service | outside the scope of practice as defined in this Act,
he or she | shall refer such person to a physician licensed to practice | medicine
in all of its branches, or other appropriate health | care practitioner.
Nothing in this Act shall preclude an | optometrist from rendering appropriate nonsurgical
emergency | care.
| (c) Nothing contained in this Section shall prohibit a | person from
manufacturing ophthalmic lenses and prisms or the | fabrication
of contact lenses according to the specifications | prescribed by an optometrist
or a physician licensed to | practice medicine in all of its branches, but shall
| specifically prohibit the sale or delivery of ophthalmic
| lenses, prisms, and contact lenses without a prescription | signed by an
optometrist or a physician licensed to practice |
| medicine in all of its
branches.
| (d) Nothing in this Act shall restrict the filling of a | prescription by a
pharmacist licensed under the Pharmacy | Practice Act. | (e) Nothing in this Act shall be construed to restrict the | dispensing and sale by an optometrist of ocular devices, such | as contact lenses, that contain and deliver ocular | pharmaceutical agents permitted for use or prescription under | this Act.
| (Source: P.A. 94-787, eff. 5-19-06; 95-689, eff. 10-29-07.)
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Effective Date: 1/1/2010
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