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Public Act 096-0270
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| HB2286 Enrolled |
LRB096 07516 ASK 17611 b |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Optometric Practice Act of 1987 is |
amended by changing Sections 7, 11, and 16 as follows:
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(225 ILCS 80/7) (from Ch. 111, par. 3907)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 7. Additional practice locations licenses. Every |
holder of a license under this Act shall report to the |
Department every additional location where the licensee |
engages in the practice of optometry. Such reports shall be |
made prior to practicing at the location and shall be done in a |
manner prescribed by the Department. Failure to report a |
practice location or to maintain evidence of such a report at |
the practice location shall be a violation of this Act and |
shall be considered the unlicensed practice of optometry. |
Registering a location where a licensee does not practice shall |
also be a violation of this Act. Upon proper application
and |
payment of the prescribed fee,
additional licenses may be |
issued to active practitioners
who are engaged in the practice |
of optometry at more than one address.
A license must be |
displayed at each location where the licensee engages in
the |
practice of optometry.
Nothing contained herein, however, |
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shall be construed to require a licensed
optometrist in active |
practice to report a location to the Department when obtain an |
additional license for the purpose of serving on the staff of a |
hospital or an
institution that receives no fees (other than |
entrance
registration
fees)
for the services rendered by the |
optometrist and for which the optometrist
receives no fees or |
compensation directly or indirectly for such services
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rendered. Nothing contained herein shall be construed to |
require a
licensed optometrist to report a location to the |
Department when obtain an additional license for
the purpose of |
rendering necessary optometric services for his or her
patients
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confined to their homes, hospitals or institutions, or to act |
in an
advisory capacity, with or without remuneration, in any |
industry, school or
institution.
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(Source: P.A. 94-787, eff. 5-19-06.)
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(225 ILCS 80/11) (from Ch. 111, par. 3911)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 11. Optometric Licensing and Disciplinary Board. The |
Secretary shall
appoint an Illinois Optometric Licensing
and |
Disciplinary Board as follows: Seven persons who shall be
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appointed
by and shall serve in an advisory capacity to the |
Secretary. Five members
must be lawfully and actively engaged |
in the practice of optometry in this
State, one member shall be |
a licensed optometrist, with a full-time faculty appointment |
with the
Illinois College of
Optometry, and one member must be |
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a member of the public who shall be a
voting member and is not |
licensed under this Act, or a
similar Act of
another |
jurisdiction, or have any connection with the profession. |
Neither
the public member nor the faculty member shall |
participate in the
preparation or administration of the |
examination of applicants for
licensure. or certification.
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Members shall serve 4-year terms and until their successors
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are appointed
and qualified. No member shall be appointed to
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the Board for more than 2 successive 4-year terms, not counting |
any partial
terms when appointed to fill the unexpired portion |
of a vacated term. Appointments to
fill
vacancies shall be made |
in the same manner as original appointments, for
the unexpired |
portion of the vacated term.
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The Board shall annually elect a chairperson and a
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vice-chairperson, both of whom shall be licensed optometrists.
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The membership of the Board should reasonably reflect
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representation
from the geographic areas in this State.
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A majority of the Board members currently appointed shall |
constitute a
quorum. A vacancy in the membership of the Board |
shall not impair the right of
a quorum to perform all of the |
duties of the Board.
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The Secretary may terminate the appointment of any member |
for cause.
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The Secretary shall give due consideration to all |
recommendations of the
Board, and in the event that the |
Secretary disagrees with or
takes
action contrary to the |
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recommendation of the Board, he or
she shall provide
the Board |
with a written and specific explanation of this
action. None
of |
the functions, powers or duties of the Department with respect |
to
policy matters relating to licensure, discipline, and |
examination,
including the promulgation of such rules as may
be |
necessary for the administration of this Act, shall be |
exercised by the
Department except upon review of the Board.
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Without, in any manner, limiting the power of the |
Department to conduct
investigations, the Board may recommend |
to the Secretary that
one or more
licensed optometrists be |
selected by the Secretary to conduct or assist in any
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investigation pursuant to this Act. Such licensed optometrist |
may receive
remuneration as determined by the Secretary.
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(Source: P.A. 94-787, eff. 5-19-06.)
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(225 ILCS 80/16) (from Ch. 111, par. 3916)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 16. Renewal, reinstatement or restoration of |
licenses; military
service. The expiration date and renewal |
period for each license issued under this Act shall be set by |
rule.
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All renewal applicants shall provide proof of having met |
the requirements
of continuing education set forth in the rules |
of the Department. The
Department shall, by rule, provide for |
an orderly process for the
reinstatement of licenses which have |
not been renewed due to failure to
meet the continuing |
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education requirements. The continuing education
requirement |
may be waived for such good cause, including but not limited to
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illness or hardship, as defined by rules
of the Department.
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The Department shall establish by rule a means for the |
verification of
completion of the continuing education |
required by this Section. This
verification may be accomplished |
through audits of records maintained by
registrants; by |
requiring the filing of continuing education certificates
with |
the Department; or by other means established by the |
Department.
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Any licensee seeking renewal of his or her license during |
the renewal cycle beginning April 1, 2008 must first complete a |
tested educational course in the use of oral pharmaceutical |
agents for the management of ocular conditions, as approved by |
the Board.
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Any optometrist who has permitted his or her license to |
expire or who has
had his or her license on inactive status may |
have his or her license restored
by making application to the |
Department and filing proof acceptable to the
Department of his |
or her fitness to have his or her license restored and by
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paying the required fees. Such proof of fitness may include |
evidence
certifying to active lawful practice in another |
jurisdiction and must include
proof of the completion of the |
continuing education requirements specified in
the rules for |
the preceding license renewal period that has been completed |
during the 2 years prior to the
application for license |
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restoration.
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The Department shall determine, by an evaluation program |
established by
rule, his or her fitness for restoration of his |
or her license and
shall establish procedures and requirements |
for such restoration.
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However, any optometrist whose license expired while he or |
she was (1) in
Federal Service on active duty with the Armed |
Forces of the United States,
or the State Militia called into |
service or training, or (2) in training or
education under the |
supervision of the United States preliminary to
induction into |
the military service, may have his or her license restored
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without paying any lapsed renewal fees if within 2 years after |
honorable
termination of such service, training, or education, |
he or she furnishes
the Department with satisfactory evidence |
to the effect that he or she has
been so engaged and that his or |
her service, training, or education has been
so terminated. |
All licenses without "Therapeutic Certification" on March |
31, 2006 shall be placed on non-renewed status and may only be |
renewed after the licensee meets those requirements |
established by the Department that may not be waived. All |
licensees on March 31, 2010 without a certification of |
completion of an oral pharmaceutical course as required by this |
Section shall be placed on non-renewed status and may only be |
renewed after the licensee meets those requirements |
established by the Department that may not be waived.
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(Source: P.A. 94-787, eff. 5-19-06; 95-242, eff. 1-1-08.)
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