Bill Amendment: IL SB0870 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INS CD-DOMESTIC CEDING INSURER
Status: 2016-12-16 - Public Act . . . . . . . . . 99-0909 [SB0870 Detail]
Download: Illinois-2015-SB0870-House_Amendment_002.html
Bill Title: INS CD-DOMESTIC CEDING INSURER
Status: 2016-12-16 - Public Act . . . . . . . . . 99-0909 [SB0870 Detail]
Download: Illinois-2015-SB0870-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 870
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2 | AMENDMENT NO. ______. Amend Senate Bill 870, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
6 | changing Sections 4.27 and 4.37 and adding Section 4.27a as | ||||||
7 | follows:
| ||||||
8 | (5 ILCS 80/4.27) | ||||||
9 | Sec. 4.27. Acts repealed on January 1, 2017. The following
| ||||||
10 | are repealed on January 1, 2017: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, | ||||||
14 | XXXI 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.)
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1 | (5 ILCS 80/4.27a new) | ||||||
2 | Sec. 4.27a. Act repealed on December 31, 2017. The | ||||||
3 | following Act is repealed on December 31, 2017: | ||||||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 Acts repealed on January 1, 2027.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 | ||||||
7 | Act is repealed on January 1, 2027: | ||||||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 | ||||||
13 | repealing Section 4.26a.
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14 | Section 15. The Medical Practice Act of 1987 is amended by | ||||||
15 | changing Section 21 as follows:
| ||||||
16 | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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17 | (Section scheduled to be repealed on December 31, 2016)
| ||||||
18 | Sec. 21. License renewal; reinstatement; inactive status; | ||||||
19 | disposition and
collection of fees. | ||||||
20 | (A) Renewal. The expiration date and renewal period for | ||||||
21 | each
license issued under this Act shall be set by rule. The | ||||||
22 | holder of a
license may renew the license by paying the |
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| |||||||
1 | required fee. The
holder of a
license may also renew the | ||||||
2 | license within 90 days after its expiration by
complying with | ||||||
3 | the requirements for renewal and payment of an additional
fee. | ||||||
4 | A license renewal within 90 days after expiration shall be | ||||||
5 | effective
retroactively to the expiration date.
| ||||||
6 | The Department shall attempt to provide through electronic | ||||||
7 | means mail to each licensee under this Act , at his or her | ||||||
8 | address of record , at least 60 days in advance of the | ||||||
9 | expiration date of his or her license, a renewal notice. No | ||||||
10 | such license shall be deemed to have lapsed until 90 days after | ||||||
11 | the expiration date and after the Department has attempted to | ||||||
12 | provide such notice has been mailed by the Department as herein | ||||||
13 | provided. | ||||||
14 | (B) Reinstatement. Any licensee who has permitted his or | ||||||
15 | her
license to lapse or who has had his or her license on | ||||||
16 | inactive
status may have his or her license reinstated by | ||||||
17 | making application
to the Department and filing proof | ||||||
18 | acceptable to the
Department of his or her fitness to have the
| ||||||
19 | license reinstated,
including evidence certifying to active | ||||||
20 | practice in another
jurisdiction satisfactory to the | ||||||
21 | Department, proof of meeting the continuing
education | ||||||
22 | requirements for one renewal period, and by paying
the required | ||||||
23 | reinstatement fee.
| ||||||
24 | If the licensee has not maintained an active practice
in | ||||||
25 | another jurisdiction satisfactory to the Department, the
| ||||||
26 | Licensing Board shall determine, by an evaluation program
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| |||||||
1 | established by rule, the applicant's fitness to resume active
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2 | status
and may require the licensee to complete a period of
| ||||||
3 | evaluated clinical experience and may require successful
| ||||||
4 | completion of a practical examination specified by the | ||||||
5 | Licensing Board.
| ||||||
6 | However, any registrant whose license has expired while
he | ||||||
7 | or she has been engaged (a) in Federal Service on active
duty
| ||||||
8 | with the Army of the United States, the United States Navy,
the | ||||||
9 | Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||||||
10 | Service or the State Militia called into the service
or | ||||||
11 | training of the United States of America, or (b) in
training or | ||||||
12 | education under the supervision of the United
States | ||||||
13 | preliminary to induction into the military service,
may have | ||||||
14 | his or her license reinstated without paying
any lapsed renewal | ||||||
15 | fees, if within 2 years after honorable
termination of such | ||||||
16 | service, training, or education, he or she
furnishes to the | ||||||
17 | Department with satisfactory evidence to the
effect that he or | ||||||
18 | she has been so engaged and that his or
her
service, training, | ||||||
19 | or education has been so terminated.
| ||||||
20 | (C) Inactive licenses. Any licensee who notifies the
| ||||||
21 | Department, in writing on forms prescribed by the
Department, | ||||||
22 | may elect to place his or her license on an inactive
status and | ||||||
23 | shall, subject to rules of the Department, be
excused from | ||||||
24 | payment of renewal fees until he or she notifies the
Department | ||||||
25 | in writing of his or her desire to resume active
status.
| ||||||
26 | Any licensee requesting reinstatement from inactive
status |
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1 | shall be required to pay the current renewal fee, provide proof | ||||||
2 | of
meeting the continuing education requirements for the period | ||||||
3 | of time the
license is inactive not to exceed one renewal | ||||||
4 | period, and
shall be required to reinstate his or her license | ||||||
5 | as provided
in
subsection (B).
| ||||||
6 | Any licensee whose license is in an inactive status
shall | ||||||
7 | not practice in the State of Illinois.
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8 | (D) Disposition of monies collected. All monies
collected | ||||||
9 | under this Act by the Department shall be
deposited in the | ||||||
10 | Illinois State Medical Disciplinary Fund in
the State Treasury, | ||||||
11 | and used only for the following
purposes: (a) by the | ||||||
12 | Disciplinary
Board and Licensing Board in the exercise of its | ||||||
13 | powers and performance of its
duties, as such use is made by | ||||||
14 | the Department with full
consideration of all recommendations | ||||||
15 | of the
Disciplinary Board and Licensing Board, (b) for costs | ||||||
16 | directly related to
persons licensed under this Act, and (c) | ||||||
17 | for direct and allocable indirect
costs related to the public | ||||||
18 | purposes of the Department.
| ||||||
19 | Moneys in the Fund may be transferred to the Professions | ||||||
20 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
21 | Department of Professional
Regulation Law (20 ILCS | ||||||
22 | 2105/2105-300).
| ||||||
23 | The State Comptroller shall order and the State Treasurer | ||||||
24 | shall transfer an amount equal to $1,100,000 from the Illinois | ||||||
25 | State Medical Disciplinary Fund to the Local Government Tax | ||||||
26 | Fund on each of the following dates: July 1, 2014, October 1, |
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| |||||||
1 | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and | ||||||
2 | January 1, 2018. These transfers shall constitute repayment of | ||||||
3 | the $6,600,000 transfer made under Section 6z-18 of the State | ||||||
4 | Finance Act. | ||||||
5 | All earnings received from investment of monies in the
| ||||||
6 | Illinois State Medical Disciplinary Fund shall be deposited
in | ||||||
7 | the Illinois State Medical Disciplinary Fund and shall be
used | ||||||
8 | for the same purposes as fees deposited in such Fund.
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9 | (E) Fees. The following fees are nonrefundable.
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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 |
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| |||||||
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
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| |||||||
1 | license is issued.
| ||||||
2 | (8) The fee to be paid for a license record for any
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3 | purpose is $20.
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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 | ||||||
16 | Department that
is returned to the Department unpaid by the | ||||||
17 | financial institution upon
which it is drawn shall pay to the | ||||||
18 | Department, in addition to the amount
already owed to the | ||||||
19 | Department, a fine of $50. The fines imposed by this Section | ||||||
20 | are in addition
to any other discipline provided under this Act | ||||||
21 | for unlicensed
practice or practice on a nonrenewed license. | ||||||
22 | The Department shall notify
the person that payment of fees and | ||||||
23 | fines shall be paid to the Department
by certified check or | ||||||
24 | money order within 30 calendar days of the
notification. If, | ||||||
25 | after the expiration of 30 days from the date of the
| ||||||
26 | notification, the person has failed to submit the necessary |
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| |||||||
1 | remittance, the
Department shall automatically terminate the | ||||||
2 | license or permit or deny
the application, without hearing. If, | ||||||
3 | after termination or denial, the
person seeks a license or | ||||||
4 | permit, he or she shall apply to the
Department for | ||||||
5 | reinstatement or issuance of the license or permit and
pay all | ||||||
6 | fees and fines due to the Department. The Department may | ||||||
7 | establish
a fee for the processing of an application for | ||||||
8 | reinstatement of a license or permit
to pay all expenses of | ||||||
9 | processing this application. The Secretary
may waive the fines | ||||||
10 | due under this Section in individual cases where the
Secretary | ||||||
11 | finds that the fines would be unreasonable or unnecessarily
| ||||||
12 | burdensome.
| ||||||
13 | (Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13; | ||||||
14 | 98-1140, eff. 12-30-14 .)
| ||||||
15 | Section 20. The Illinois Optometric Practice Act of 1987 is | ||||||
16 | amended by changing Sections 3, 9, 10, 11, 14, 15.1, 18, 20, | ||||||
17 | 21, 24, 26.2, 26.6, 26.7, 26.8, 26.15, and 27 and by adding | ||||||
18 | Sections 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)
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21 | Sec. 3. Practice of optometry defined; referrals; | ||||||
22 | manufacture of lenses
and prisms. | ||||||
23 | (a) The practice of optometry is defined as the employment | ||||||
24 | of any
and all means for the examination, diagnosis, and |
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| |||||||
1 | treatment of the human
visual system, the human eye, and its | ||||||
2 | appendages without the use of
surgery, including , but not | ||||||
3 | limited to: the appropriate
use of ocular
pharmaceutical | ||||||
4 | agents; refraction and other determinants of visual function;
| ||||||
5 | prescribing corrective lenses or prisms; prescribing, | ||||||
6 | dispensing, or management
of contact lenses; vision therapy; | ||||||
7 | visual rehabilitation; or any other
procedures taught in | ||||||
8 | schools and colleges of optometry approved by the
Department, | ||||||
9 | and not specifically restricted in this Act, subject to
| ||||||
10 | demonstrated competency and training as required by the Board, | ||||||
11 | and pursuant
to rule or regulation approved by the Board and | ||||||
12 | adopted by
the Department.
| ||||||
13 | A person shall be deemed to be practicing optometry within | ||||||
14 | the 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 |
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| |||||||
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 | ||||||
11 | prevent a person from
functioning as an assistant under the | ||||||
12 | direct supervision of a person licensed
by the State of | ||||||
13 | Illinois to practice optometry or medicine in all of its
| ||||||
14 | branches or (B) (ii) to prohibit visual screening programs that
| ||||||
15 | are conducted without a fee (other than voluntary donations), | ||||||
16 | by
charitable organizations
acting in the public welfare under
| ||||||
17 | the supervision of a committee composed of persons licensed by | ||||||
18 | the State of
Illinois to practice optometry or persons licensed | ||||||
19 | by the State of Illinois
to practice medicine in all of its | ||||||
20 | branches.
| ||||||
21 | (b) When, in the course of providing optometric services to | ||||||
22 | any person,
an optometrist licensed under this Act finds an | ||||||
23 | indication of a disease or
condition of the eye which in his or | ||||||
24 | her professional judgment requires
professional service | ||||||
25 | outside the scope of practice as defined in this Act,
he or she | ||||||
26 | shall refer such person to a physician licensed to practice |
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1 | medicine
in all of its branches, or other appropriate health | ||||||
2 | care practitioner.
Nothing in this Act shall preclude an | ||||||
3 | optometrist from rendering appropriate nonsurgical
emergency | ||||||
4 | care.
| ||||||
5 | (c) Nothing contained in this Section shall prohibit a | ||||||
6 | person from
manufacturing ophthalmic lenses and prisms or the | ||||||
7 | fabrication
of contact lenses according to the specifications | ||||||
8 | prescribed by an optometrist
or a physician licensed to | ||||||
9 | practice medicine in all of its branches, but shall
| ||||||
10 | specifically prohibit (1) the sale or delivery of ophthalmic
| ||||||
11 | lenses, prisms, and contact lenses without a prescription | ||||||
12 | signed by an
optometrist or a physician licensed to practice | ||||||
13 | medicine in all of its
branches and (2) the dispensing of | ||||||
14 | contact lenses by anyone other than a licensed optometrist, | ||||||
15 | licensed pharmacist, or a physician licensed to practice | ||||||
16 | medicine in all of its branches. For the purposes of this Act, | ||||||
17 | "contact lenses" include, but are not limited to, contact | ||||||
18 | lenses with prescriptive power and decorative and plano power | ||||||
19 | contact lenses. Nothing in this Section shall prohibit the sale | ||||||
20 | of contact lenses by an optical firm or corporation primarily | ||||||
21 | engaged in manufacturing or dealing in eyeglasses or contact | ||||||
22 | lenses with an affiliated optometrist who practices and is | ||||||
23 | licensed or has an ancillary registration for the location | ||||||
24 | where the sale occurs.
| ||||||
25 | (d) Nothing in this Act shall restrict the filling of a | ||||||
26 | prescription by a
pharmacist licensed under the Pharmacy |
| |||||||
| |||||||
1 | Practice Act. | ||||||
2 | (e) Nothing in this Act shall be construed to restrict the | ||||||
3 | dispensing and sale by an optometrist of ocular devices, such | ||||||
4 | as contact lenses, that contain and deliver ocular | ||||||
5 | pharmaceutical agents permitted for use or prescription under | ||||||
6 | this Act.
| ||||||
7 | (f) On and after January 1, 2018, nothing in this Act shall | ||||||
8 | prohibit an optometrist who is
certified by a school of | ||||||
9 | optometry approved by the Department from performing advanced | ||||||
10 | optometric procedures, pursuant to educational
requirements | ||||||
11 | established by rule, that are
consistent with the | ||||||
12 | recommendations of the Collaborative | ||||||
13 | Optometric/Ophthalmological Task Force created in Section 15.3 | ||||||
14 | of this Act and that are taught
(1) at an accredited, private | ||||||
15 | 4-year school of optometry that is located in a city in | ||||||
16 | Illinois with a population in excess of
1,500,000, or (2) at a | ||||||
17 | school of optometry with a curriculum that is substantially | ||||||
18 | similar to the
curriculum taught at the school of optometry | ||||||
19 | described in item (1) of this subsection.
Advanced optometric | ||||||
20 | procedures 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | applicant or licensee to inform the Department of any change of | ||||||
6 | address within 14 days after such change either through the | ||||||
7 | Department's website or by contacting the Department's | ||||||
8 | licensure 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. | ||||||
12 | The Department
shall exercise the powers and duties
prescribed | ||||||
13 | by the Civil Administrative Code of Illinois for the
| ||||||
14 | administration of Licensing Acts and shall exercise such other | ||||||
15 | powers and
duties necessary for effectuating the purpose of | ||||||
16 | this Act.
| ||||||
17 | The Secretary shall promulgate Rules consistent with the | ||||||
18 | provisions of
this Act, for the administration and enforcement | ||||||
19 | thereof and may prescribe
forms that shall be issued in | ||||||
20 | connection therewith. The rules
shall
include standards and | ||||||
21 | criteria for licensure and certification, and
professional | ||||||
22 | conduct and discipline.
| ||||||
23 | The Department shall consult with the Board in promulgating
| ||||||
24 | rules.
Notice of proposed rulemaking shall be transmitted to |
| |||||||
| |||||||
1 | the Board and the
Department shall review the Board's responses | ||||||
2 | and any
recommendations
made therein. The Department shall | ||||||
3 | notify the Board in
writing with
explanations of deviations | ||||||
4 | from the Board's recommendations
and
responses. The Department | ||||||
5 | may solicit the advice of the Board on any
matter relating to | ||||||
6 | the 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 | ||||||
11 | Secretary shall
appoint an Illinois Optometric Licensing
and | ||||||
12 | Disciplinary Board as follows: Seven persons who shall be
| ||||||
13 | appointed
by and shall serve in an advisory capacity to the | ||||||
14 | Secretary. Five members
must be lawfully and actively engaged | ||||||
15 | in the practice of optometry in this
State, one member shall be | ||||||
16 | a licensed optometrist, with a full-time faculty appointment | ||||||
17 | with the
Illinois College of
Optometry, and one member must be | ||||||
18 | a member of the public who shall be a
voting member and is not | ||||||
19 | licensed under this Act, or a
similar Act of
another | ||||||
20 | jurisdiction, or have any connection with the profession. | ||||||
21 | Neither
the public member nor the faculty member shall | ||||||
22 | participate in the
preparation or administration of the | ||||||
23 | examination of applicants for
licensure.
| ||||||
24 | Members shall serve 4-year terms and until their successors
| ||||||
25 | are appointed
and qualified. No member shall be appointed to
|
| |||||||
| |||||||
1 | the Board for more than 2 successive 4-year terms, not counting | ||||||
2 | any partial
terms when appointed to fill the unexpired portion | ||||||
3 | of a vacated term. Appointments to
fill
vacancies shall be made | ||||||
4 | in the same manner as original appointments, for
the unexpired | ||||||
5 | portion of the vacated term.
| ||||||
6 | The Board shall annually elect a chairperson and a
| ||||||
7 | vice-chairperson, both of whom shall be licensed optometrists.
| ||||||
8 | The membership of the Board should reasonably reflect
| ||||||
9 | representation
from the geographic areas in this State.
| ||||||
10 | A majority of the Board members currently appointed shall | ||||||
11 | constitute a
quorum. A vacancy in the membership of the Board | ||||||
12 | shall not impair the right of
a quorum to perform all of the | ||||||
13 | duties of the Board.
| ||||||
14 | The Secretary may terminate the appointment of any member | ||||||
15 | for cause.
| ||||||
16 | The members of the Board shall be reimbursed for all | ||||||
17 | authorized legitimate and necessary expenses incurred in | ||||||
18 | attending the meetings of the Board. | ||||||
19 | Members of the Board shall have no liability in any action | ||||||
20 | based upon any disciplinary proceeding or other activity | ||||||
21 | performed in good faith as a member of the Board. | ||||||
22 | The Secretary shall give due consideration to all | ||||||
23 | recommendations of the
Board , and in the event that the | ||||||
24 | Secretary disagrees with or
takes
action contrary to the | ||||||
25 | recommendation of the Board, he or
she shall provide
the Board | ||||||
26 | with a written and specific explanation of this
action. None
of |
| |||||||
| |||||||
1 | the functions, powers or duties of the Department with respect | ||||||
2 | to
policy matters relating to licensure, discipline, and | ||||||
3 | examination,
including the promulgation of such rules as may
be | ||||||
4 | necessary for the administration of this Act, shall be | ||||||
5 | exercised by the
Department except upon review of the Board .
| ||||||
6 | Without, in any manner, limiting the power of the | ||||||
7 | Department to conduct
investigations, the Board may recommend | ||||||
8 | to the Secretary that
one or more
licensed optometrists be | ||||||
9 | selected by the Secretary to conduct or assist in any
| ||||||
10 | investigation pursuant to this Act. Such licensed optometrist | ||||||
11 | may 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 | ||||||
16 | as an optometrist
if that person has applied in writing in form | ||||||
17 | and substance satisfactory to
the Department and who:
| ||||||
18 | (1) (blank) has not been convicted of any of the provisions | ||||||
19 | of Section 24 of
this Act which would be grounds for discipline | ||||||
20 | under this Act ;
| ||||||
21 | (2) has graduated, after January 1, 1994, from a program of | ||||||
22 | optometry education approved by the
Department or has | ||||||
23 | graduated, prior to January 1, 1994, and has met substantially | ||||||
24 | equivalent criteria established by the Department;
| ||||||
25 | (3) (blank); and
|
| |||||||
| |||||||
1 | (4) has met all examination requirements including the | ||||||
2 | passage of a
nationally recognized examination authorized by | ||||||
3 | the Department. Each
applicant shall be tested on theoretical | ||||||
4 | knowledge 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" | ||||||
10 | means topical anesthetics, topical mydriatics, topical
| ||||||
11 | cycloplegics, topical miotics and mydriatic reversing agents, | ||||||
12 | anti-infective agents,
anti-allergy agents,
anti-glaucoma | ||||||
13 | agents (except oral carbonic anhydrase inhibitors, which may be | ||||||
14 | prescribed only in a quantity sufficient to provide treatment | ||||||
15 | for up to 30 days 72 hours ),
anti-inflammatory agents (except | ||||||
16 | oral steroids , which may be prescribed only in a quantity | ||||||
17 | sufficient to provide treatment for up to 7 days ), | ||||||
18 | over-the-counter agents, analgesic
agents, anti-dry eye | ||||||
19 | agents, and agents for the treatment of hypotrichosis. | ||||||
20 | (a-3) In addition to ocular pharmaceutical agents that fall | ||||||
21 | within the categories set forth in subsection (a) of this | ||||||
22 | Section, the Board may add a pharmaceutical agent approved by | ||||||
23 | the FDA or class of agents for the purpose of the diagnosis or | ||||||
24 | treatment of conditions of the eye and adnexa after | ||||||
25 | consideration of the agent's systemic effects, side effects, |
| |||||||
| |||||||
1 | and the use of the agent within the practice of optometry. The | ||||||
2 | Board shall consider requests for additional agents and make | ||||||
3 | recommendations within 90 days after the receipt of the | ||||||
4 | request. | ||||||
5 | Within 45 days after the Board's recommendation to the | ||||||
6 | Department of a pharmaceutical agent or class of agents, the | ||||||
7 | Department shall promulgate rules necessary to allow for the | ||||||
8 | prescribing or administering of the pharmaceutical agent or | ||||||
9 | class of agents under this Act. | ||||||
10 | (a-5) Ocular pharmaceutical agents administered by | ||||||
11 | injection may be used only for the treatment of anaphylaxis. | ||||||
12 | (a-10) Oral pharmaceutical agents may be prescribed for a | ||||||
13 | child under 5 years of age only in consultation with a | ||||||
14 | physician licensed to practice medicine in all its branches. | ||||||
15 | (a-15) The authority to prescribe a Schedule III, IV, or V | ||||||
16 | controlled substance shall include analgesic agents only in a | ||||||
17 | quantity sufficient to provide treatment for up to 72 hours. | ||||||
18 | The prescription of a Schedule II controlled substance is | ||||||
19 | prohibited, except for Dihydrocodeinone (Hydrocodone) with one | ||||||
20 | or more active, non-narcotic ingredients only in a quantity | ||||||
21 | sufficient to provide treatment for up to 72 hours, and only if | ||||||
22 | such formulations of Dihydrocodeinone are reclassified as | ||||||
23 | Schedule II by federal regulation.
| ||||||
24 | (b) A licensed optometrist may remove superficial foreign | ||||||
25 | bodies from the human eye and adnexa and may give orders for | ||||||
26 | patient care to a nurse or other health care provider licensed |
| |||||||
| |||||||
1 | to practice under Illinois law.
| ||||||
2 | (c) An optometrist's license shall be revoked or suspended | ||||||
3 | by the Department
upon recommendation of the Board based upon | ||||||
4 | either 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 | ||||||
11 | shall notify
the Director of Public Health as to the categories | ||||||
12 | of ocular
pharmaceutical agents permitted for use by an | ||||||
13 | optometrist. The Director of Public Health shall in turn
notify | ||||||
14 | every licensed pharmacist in the State of the categories of | ||||||
15 | ocular
pharmaceutical agents that can be utilized and | ||||||
16 | prescribed 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 | ||||||
20 | Task Force. In order to protect the public and provide quality | ||||||
21 | care, a Collaborative
Optometric/Ophthalmological Task Force | ||||||
22 | is established. This Task Force shall collaboratively develop | ||||||
23 | minimum
educational requirements for an optometrist to perform | ||||||
24 | advanced optometric procedures. Advanced optometric
procedures | ||||||
25 | do not include the use of lasers. |
| |||||||
| |||||||
1 | The Collaborative Optometric/Ophthalmological Task Force | ||||||
2 | shall be comprised of a representative of a
statewide | ||||||
3 | organization representing optometry, a representative of a | ||||||
4 | statewide organization representing
ophthalmology, a | ||||||
5 | representative of a statewide organization representing | ||||||
6 | physicians licensed to practice medicine in all
of its | ||||||
7 | branches, a representative of an accredited, private 4-year | ||||||
8 | school of optometry located in a city in Illinois with a | ||||||
9 | population of more than 1,500,000 persons. The Department shall | ||||||
10 | provide
administrative support to the Collaborative | ||||||
11 | Optometric/Ophthalmological Task Force. The Task Force shall | ||||||
12 | meet at least
monthly. | ||||||
13 | No later than September 1, 2017, the statewide organization | ||||||
14 | representing ophthalmology shall
provide to the Collaborative | ||||||
15 | Optometric/Ophthalmological Task Force its recommended minimum | ||||||
16 | educational
requirements for a licensed optometrist to obtain a | ||||||
17 | certification to perform advanced optometric procedures. | ||||||
18 | No later than January 1, 2018, the Department, in direct | ||||||
19 | consultation with the Collaborative
| ||||||
20 | Optometric/Ophthalmological Task Force, shall propose rules | ||||||
21 | for adoption that are consistent with the Task Force's | ||||||
22 | recommendations, or recommend legislation to the General
| ||||||
23 | Assembly, providing educational requirements that must be met | ||||||
24 | for an optometrist to obtain certification from a
school of | ||||||
25 | optometry approved by the Department to perform advanced | ||||||
26 | optometric procedures as taught (1) at an accredited, private |
| |||||||
| |||||||
1 | 4-year school
of optometry that is located in a city in | ||||||
2 | Illinois with a population in excess of 1,500,000, or (2) at a | ||||||
3 | school of optometry
with a curriculum that is substantially | ||||||
4 | similar to the curriculum taught at the school of optometry | ||||||
5 | described 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 | ||||||
9 | discretion, license as
an
optometrist, without examination on | ||||||
10 | payment of the required fee, an
applicant who is so licensed | ||||||
11 | under the laws of another state or U.S. jurisdiction of the | ||||||
12 | United States. The Department may issue a license, upon payment | ||||||
13 | of the required fee and recommendation of the Board, to an | ||||||
14 | individual applicant who is licensed in any foreign country or | ||||||
15 | province whose standards, in the opinion of the Board or | ||||||
16 | Department ,
if the requirements for licensure in the | ||||||
17 | jurisdiction in which the
applicant was licensed, were, at the | ||||||
18 | date of his or her licensure,
substantially
equivalent to the | ||||||
19 | requirements then in force in this State;
or if the applicant | ||||||
20 | possesses individual qualifications and skills which
| ||||||
21 | demonstrate substantial equivalence to current Illinois | ||||||
22 | requirements.
| ||||||
23 | Applicants have 3 years from the date of application to | ||||||
24 | complete the
application process. If the process has not been | ||||||
25 | completed in 3 years, the
application shall be denied, the fee |
| |||||||
| |||||||
1 | forfeited and the applicant must
reapply and meet the | ||||||
2 | requirements 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 | ||||||
7 | pursuant to this
Act
shall be deposited in the Optometric | ||||||
8 | Licensing and Disciplinary Board
Fund, which is hereby created | ||||||
9 | as a special fund in the State Treasury, and
shall be used for | ||||||
10 | the administration of this Act, including: (a) by
the Board and | ||||||
11 | Department in the exercise of its powers and performance of
its | ||||||
12 | duties ,
as such use is made by the Department with full | ||||||
13 | consideration of all
recommendations of the Board ; (b) for
| ||||||
14 | costs directly related to license renewal of persons licensed | ||||||
15 | under this Act;
and (c) for direct and allocable indirect costs | ||||||
16 | related to the
public purposes
of the Department of Financial | ||||||
17 | and Professional Regulation.
Subject to appropriation, moneys | ||||||
18 | in the Optometric Licensing and
Disciplinary Board Fund may be | ||||||
19 | used for
the
Optometric Education Scholarship Program | ||||||
20 | administered by the Illinois Student
Assistance Commission | ||||||
21 | pursuant to Section 65.70 of the Higher Education Student
| ||||||
22 | Assistance Act.
| ||||||
23 | Moneys in the Fund may be transferred to the Professions | ||||||
24 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
25 | Department of
Professional Regulation Law (20 ILCS |
| |||||||
| |||||||
1 | 2105/2105-300).
| ||||||
2 | Money in the Optometric Licensing and Disciplinary Board
| ||||||
3 | Fund may be
invested and reinvested, with all earnings received | ||||||
4 | from such investment to
be deposited in the Optometric | ||||||
5 | Licensing and Disciplinary Board Fund
and used for the same | ||||||
6 | purposes 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 | ||||||
11 | names and
addresses of all licensees
and of all persons whose
| ||||||
12 | licenses have been suspended or revoked . This roster shall
be | ||||||
13 | available 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
| ||||||
19 | revoke, suspend, place on probation, reprimand or take other
| ||||||
20 | disciplinary or non-disciplinary action as the Department may | ||||||
21 | deem appropriate, including fines not
to exceed $10,000 for | ||||||
22 | each violation, with regard to any license for any one or | ||||||
23 | combination of the causes set forth in subsection (a-3) of this | ||||||
24 | Section. All fines collected under this Section shall be |
| |||||||
| |||||||
1 | deposited in the Optometric Licensing and Disciplinary Board | ||||||
2 | Fund. Any fine imposed shall be payable within 60 days after | ||||||
3 | the effective date of the order imposing the fine.
| ||||||
4 | (a-3) Grounds for disciplinary action include the | ||||||
5 | following: | ||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
7 | suspend the license of any person who fails to file a return, | ||||||
8 | or to pay the tax,
penalty or interest shown in a filed return, | ||||||
9 | or to pay any final assessment
of the tax, penalty or interest, | ||||||
10 | as required by any tax Act administered by
the Illinois | ||||||
11 | Department of Revenue, until such time as the requirements of
| ||||||
12 | any such tax Act are satisfied.
| ||||||
13 | (a-5) In enforcing this Section, the Board or Department, | ||||||
14 | upon a showing of a possible
violation, may compel any | ||||||
15 | individual licensed to practice under this Act, or
who has | ||||||
16 | applied for licensure or certification pursuant to this Act,
to | ||||||
17 | submit to a
mental or physical
examination, or both, as | ||||||
18 | required by and at the expense of the Department. The
examining | ||||||
19 | physicians or clinical psychologists shall be those | ||||||
20 | specifically
designated by the Department Board . The Board or | ||||||
21 | the Department may order the examining
physician or clinical | ||||||
22 | psychologist to present testimony concerning this mental
or | ||||||
23 | physical examination of the licensee or applicant. No | ||||||
24 | information shall be
excluded by reason of any common law or | ||||||
25 | statutory privilege relating to
communications between the | ||||||
26 | licensee or applicant and the examining physician or
clinical |
| |||||||
| |||||||
1 | psychologist. Eye examinations may be provided by a licensed
| ||||||
2 | optometrist. The individual to be examined may have,
at his or | ||||||
3 | her own expense, another physician of his or her choice present
| ||||||
4 | during all aspects of the examination. Failure of any | ||||||
5 | individual to submit to
a mental or physical examination, when | ||||||
6 | directed, shall be grounds for
suspension of a license until | ||||||
7 | such time as the individual submits to the
examination if the | ||||||
8 | Board or Department finds, after notice and hearing, that the | ||||||
9 | refusal to
submit to the examination was without reasonable | ||||||
10 | cause.
| ||||||
11 | If the Board or Department finds an individual unable to | ||||||
12 | practice because of the reasons
set forth in this Section, the | ||||||
13 | Board or Department shall require such individual to submit to
| ||||||
14 | care, counseling, or treatment by physicians or clinical | ||||||
15 | psychologists approved
or designated by the Department Board , | ||||||
16 | as a condition, term, or restriction for continued,
reinstated, | ||||||
17 | or renewed licensure to practice, or in lieu of care, | ||||||
18 | counseling,
or treatment, the Board may recommend to the | ||||||
19 | Department to file a complaint to immediately suspend, revoke, | ||||||
20 | or otherwise discipline the
license of the individual, or the | ||||||
21 | Board may recommend to the Department to file
a complaint to | ||||||
22 | suspend, revoke, or otherwise discipline the license of the
| ||||||
23 | individual. Any individual whose license was granted pursuant | ||||||
24 | to this Act, or
continued, reinstated, renewed, disciplined, or | ||||||
25 | supervised, subject to such
conditions, terms, or | ||||||
26 | restrictions, who shall fail to comply with such
conditions, |
| |||||||
| |||||||
1 | terms, or restrictions, shall be referred to the Secretary for | ||||||
2 | a
determination as to whether the individual shall have his or | ||||||
3 | her license
suspended immediately, pending a hearing by the | ||||||
4 | Board.
| ||||||
5 | (b) The determination by a circuit court that a licensee is | ||||||
6 | subject to
involuntary admission or judicial admission as | ||||||
7 | provided in the Mental
Health and Developmental Disabilities | ||||||
8 | Code operates as an
automatic suspension. The suspension will | ||||||
9 | end only upon a finding by a
court that the patient is no | ||||||
10 | longer subject to involuntary admission or
judicial admission | ||||||
11 | and issues an order so finding and discharging the
patient; and | ||||||
12 | upon the recommendation of the Board to the Secretary
that
the | ||||||
13 | licensee 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 | ||||||
18 | investigate the
actions of any applicant
or of any person or | ||||||
19 | persons holding or claiming to hold a license. The
Department | ||||||
20 | shall, before suspending, revoking, placing on probationary
| ||||||
21 | status, or taking any other disciplinary action as the | ||||||
22 | Department may deem
proper with regard to any license, at least | ||||||
23 | 30 days prior
to the date set for the hearing, notify the | ||||||
24 | accused in writing of any
charges made and the time and place | ||||||
25 | for a hearing of the charges before the
Board, direct him or |
| |||||||
| |||||||
1 | her to file his or her written
answer to the Board
under
oath | ||||||
2 | within 20 days after the service on him or her of the notice | ||||||
3 | and
inform him or her
that if he or she fails to file an answer | ||||||
4 | default will be taken against
him or her and
his or her license | ||||||
5 | may be suspended, revoked, placed on
probationary status, or | ||||||
6 | have other disciplinary action, including limiting
the scope, | ||||||
7 | nature or extent of his or her practice, as the Department may
| ||||||
8 | deem
proper taken with regard thereto. The Such written notice | ||||||
9 | and any notice in the subsequent proceeding may be served by
| ||||||
10 | personal delivery or by regular or certified delivery or | ||||||
11 | certified or registered mail to
the applicant's or licensee's | ||||||
12 | address of record Department .
In case the person fails to file | ||||||
13 | an answer after receiving notice, his or
her license may, in | ||||||
14 | the discretion of the Department, be
suspended, revoked, or | ||||||
15 | placed on probationary status, or the Department may
take | ||||||
16 | whatever disciplinary action deemed proper, including limiting | ||||||
17 | the
scope, nature, or extent of the person's practice or the | ||||||
18 | imposition of a
fine, without a hearing, if the act or acts | ||||||
19 | charged constitute sufficient
grounds for such action under | ||||||
20 | this Act.
At the time and place fixed in the notice, the | ||||||
21 | Department
shall proceed to hear the charges and the parties or | ||||||
22 | their counsel shall be
accorded ample opportunity to present | ||||||
23 | such statements, testimony, evidence
and argument as may be | ||||||
24 | pertinent to the charges or to their
defense.
The Department | ||||||
25 | may continue the hearing from time to time.
At the discretion | ||||||
26 | of the Secretary after having first received the
recommendation |
| |||||||
| |||||||
1 | of the Board, the accused person's license may
be suspended,
| ||||||
2 | revoked, placed on probationary status, or whatever | ||||||
3 | disciplinary action as
the Secretary may deem proper, including | ||||||
4 | limiting the scope, nature,
or extent of
said person's | ||||||
5 | practice, without a hearing, if the act or acts charged
| ||||||
6 | constitute 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 | ||||||
11 | recommendations.
At
the conclusion of the hearing the Board | ||||||
12 | shall
present to the Secretary a written report of its findings | ||||||
13 | of fact,
conclusions of law and recommendations. The report | ||||||
14 | shall contain a finding
whether or not the accused person | ||||||
15 | violated this Act or failed to comply
with the conditions | ||||||
16 | required in this Act. The Board shall
specify the
nature of the | ||||||
17 | violation or failure to comply, and shall make its
| ||||||
18 | recommendations to the Secretary.
| ||||||
19 | The report of findings of fact, conclusions of law and | ||||||
20 | recommendations of
the Board shall be the basis for the | ||||||
21 | Department's order.
If the Secretary disagrees in any
regard | ||||||
22 | with the report of the Board, the Secretary may issue
an order | ||||||
23 | in
contravention thereof. The Secretary
shall provide within 60 | ||||||
24 | days of taking
such action a written report to the
Board on any | ||||||
25 | such deviation, and shall specify with
particularity the
|
| |||||||
| |||||||
1 | reasons for said action in the final order. The finding is not | ||||||
2 | admissible
in evidence against the person in a criminal | ||||||
3 | prosecution brought for the
violation of this Act, but the | ||||||
4 | hearing and findings are not a bar to a
criminal prosecution | ||||||
5 | brought for the violation of this Act.
| ||||||
6 | At any point in any investigation or disciplinary | ||||||
7 | proceeding provided for in this Act, both parties may agree to | ||||||
8 | a negotiated consent order. The consent order shall be final | ||||||
9 | upon 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 | ||||||
14 | of Section
26.6 of this
Act, the Secretary shall have the | ||||||
15 | authority to appoint any attorney duly
licensed to practice law | ||||||
16 | in the State of Illinois to serve as the hearing
officer in any | ||||||
17 | action for discipline of a
license. The Secretary
shall notify | ||||||
18 | the Board of any such
appointment. The hearing officer shall | ||||||
19 | have full authority to conduct the
hearing. The Board shall | ||||||
20 | have the right to have at least one
member
present at any | ||||||
21 | hearing conducted by such hearing officer. The hearing
officer | ||||||
22 | shall report his or her findings of fact, conclusions
of law | ||||||
23 | and recommendations to the Board and the Secretary.
The Board | ||||||
24 | shall have 60 days from receipt of the report to
review the
| ||||||
25 | report of the hearing officer and present its findings of fact,
|
| |||||||
| |||||||
1 | conclusions of law and recommendations to the Secretary. If the | ||||||
2 | Board
fails to present its report within the 60 day period, the | ||||||
3 | Secretary shall
issue an order based on the report of the | ||||||
4 | hearing officer. If the Secretary
disagrees in any regard with | ||||||
5 | the report of the Board or
hearing
officer, he or she may issue | ||||||
6 | an order in contravention thereof. The
Secretary
shall provide | ||||||
7 | a written explanation to the Board on any such
deviation, and | ||||||
8 | shall specify with particularity the reasons for such action
in | ||||||
9 | the 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 | ||||||
14 | involving
the
discipline of a license, a copy of the Board's | ||||||
15 | and hearing officer's report shall
be served
upon the | ||||||
16 | respondent by the Department, either personally or as provided | ||||||
17 | in
this Act for the service of the notice of hearing. Within 20 | ||||||
18 | days after
such service, the respondent may present to the | ||||||
19 | Department a motion in
writing for a rehearing, which motion | ||||||
20 | shall specify the particular grounds
therefor. If no motion for | ||||||
21 | rehearing is filed, then upon the expiration of
the time | ||||||
22 | specified for filing such a motion, or if a motion for | ||||||
23 | rehearing
is denied, then upon such denial the Secretary may | ||||||
24 | enter an order in
accordance with this Act.
If the respondent | ||||||
25 | shall order from the reporting service, and pay for a
|
| |||||||
| |||||||
1 | transcript of the record within the time for filing a motion | ||||||
2 | for rehearing,
the 20 day period within which such a motion may | ||||||
3 | be filed shall commence
upon the delivery of the transcript to | ||||||
4 | the 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 | ||||||
9 | not be
required to certify any
record to the Court or file any | ||||||
10 | answer in court or otherwise appear in any
court in a judicial | ||||||
11 | review proceeding, unless and until the Department has received | ||||||
12 | from the plaintiff there is filed in the court,
with the | ||||||
13 | complaint, a receipt from the Department acknowledging payment | ||||||
14 | of
the costs of furnishing and certifying the record , which | ||||||
15 | costs shall be determined by the Department . Failure on the
| ||||||
16 | part of the plaintiff to file a receipt in Court shall be | ||||||
17 | grounds
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 | ||||||
22 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
23 | incorporated herein as if all of
the provisions of that Act | ||||||
24 | were included in this Act, except that the provision
of |
| |||||||
| |||||||
1 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
2 | Procedure Act
that provides that at hearings the licensee has | ||||||
3 | the right to show compliance
with all lawful requirements for | ||||||
4 | retention, continuation or renewal of the
license is | ||||||
5 | specifically excluded. For the purpose of this Act the notice
| ||||||
6 | required under Section 10-25 of the Administrative Procedure | ||||||
7 | Act is deemed
sufficient when mailed to the last known address | ||||||
8 | of a party.
| ||||||
9 | (Source: P.A. 88-45 .)
| ||||||
10 | (225 ILCS 80/30 new) | ||||||
11 | Sec. 30. Confidentiality. All information collected by the | ||||||
12 | Department in the course of an examination or investigation of | ||||||
13 | a licensee or applicant, including, but not limited to, any | ||||||
14 | complaint against a license filed with the Department and | ||||||
15 | information collected to investigate any such complaint, shall | ||||||
16 | be maintained for the confidential use of the Department and | ||||||
17 | shall not be disclosed. The Department may not disclose the | ||||||
18 | information to anyone other than law enforcement officials, | ||||||
19 | other regulatory agencies that have an appropriate regulatory | ||||||
20 | interest as determined by the Secretary, or a party presenting | ||||||
21 | a lawful subpoena to the Department. Information and documents | ||||||
22 | disclosed to a federal, State, county, or local law enforcement | ||||||
23 | agency shall not be disclosed by the agency for any purpose to | ||||||
24 | any other agency or person. A formal complaint filed against a | ||||||
25 | licensee by the Department or any order issued by the |
| |||||||
| |||||||
1 | Department against a licensee or applicant shall be a public | ||||||
2 | record, except as otherwise prohibited by law.
| ||||||
3 | Section 99. Effective date. This Section and Sections 5, | ||||||
4 | 10, and 15 take effect upon becoming law. Section 20 takes | ||||||
5 | effect on January 1, 2017, except that the provisions of | ||||||
6 | Section 20 that add Section 15.3 to the Illinois Optometric | ||||||
7 | Practice Act of 1987 take effect upon becoming law.".
|