Bill Text: IL SB1504 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Optometric Practice Act of 1987. Removes provisions allowing for a limited one year optometry practice license for applicants in a residency program. Requires the Department of Financial and Professional Regulation to audit applicants within 12 months of renewal of license to ensure compliance with continuing education requirements, unless other means are used to verify total compliance. Allows the use of testimonials in advertisements of optometric services. Allows licensees to use the words "hospital", "school", and "university" in connection with the place where optometry may be practiced or demonstrated if the licensee is employed by and practicing at a location that is licensed as a hospital or accredited as a school or university. Makes other changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-07-14 - Public Act . . . . . . . . . 99-0043 [SB1504 Detail]

Download: Illinois-2015-SB1504-Enrolled.html

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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 Sections 12, 22, and 24 as follows:
(225 ILCS 80/12) (from Ch. 111, par. 3912)
(Section scheduled to be repealed on January 1, 2017)
Sec. 12. Applications for licenses. Applications for
original licenses shall be made to the Department in writing or
electronically on forms prescribed by the Department and shall
be accompanied by the required fee, which shall not be
refundable. Any such application shall require such
information as in the judgment of the Department will enable
the Department to pass on the qualifications of the applicant
for a license.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
application fees shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
Applicants who meet all other conditions for licensure and
who will be practicing optometry in a residency program

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approved by the Board may apply for and receive a limited one
year license to practice optometry as a resident in the
program. The holder of a valid one-year residency license may
perform those acts prescribed by and incidental to the
residency license holder's program of residency training, with
the same privileges and responsibilities as a fully licensed
optometrist, but may not otherwise engage in the practice of
optometry in this State, unless fully licensed under this Act.
The Department may revoke a one-year residency license upon
proof that the residency license holder has engaged in the
practice of optometry in this State outside of his or her
residency program or if the residency license holder fails to
supply the Department, within 10 days after its request, with
information concerning his or her current status and activities
in the residency program.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/22) (from Ch. 111, par. 3922)
(Section scheduled to be repealed on January 1, 2017)
Sec. 22. Any person licensed under this Act may advertise
the availability of professional services in the public media
or on the premises where such professional services are
rendered provided that such advertising is truthful and not
misleading and is in conformity with rules promulgated by the
Department.
It is unlawful for any person licensed under this Act to

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use testimonials or claims of superior quality of care to
entice the public.
(Source: P.A. 92-451, eff. 8-21-01.)
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2017)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 for
each violation, with regard to any license for any one or
combination of the causes set forth in subsection (a-3) of this
Section. All fines collected under this Section shall be
deposited in the Optometric Licensing and Disciplinary Board
Fund.
(a-3) Grounds for disciplinary action include the
following:
(1) Violations of this Act, or of the rules promulgated
hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of

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obtaining a license.
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any court
of competent jurisdiction.
(6) Aiding or assisting another person in violating any
provision of this Act or rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,

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after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.
(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or
her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or

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obtained by fraudulent means.
(21) Continued practice by a person knowingly having an
infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a name
other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct or sexual exploitation,
related to the licensee's practice.
(25) Maintaining a professional relationship with any
person, firm, or corporation when the optometrist knows, or
should know, that such person, firm, or corporation is
violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in
such manner as to exploit the patient or client for
financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with
the word "optometry" or "optometrist".

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(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where optometry may be practiced or demonstrated unless the
licensee is employed by and practicing at a location that
is licensed as a hospital or accredited as a school or
university.
(29) Continuance of an optometrist in the employ of any
person, firm or corporation, or as an assistant to any
optometrist or optometrists, directly or indirectly, after
his or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
optometry, when the employer or superior persists in that
violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person, firm
or corporation known to be advertising in a manner contrary
to this Act or otherwise violating the laws of the State of
Illinois concerning the practice of optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or

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reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including, but
not limited to filing false statements for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required by
the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral
Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board upon a showing

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of a possible violation, may compel any individual licensed to
practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The Board or the Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee
or applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician
or clinical psychologist. Eye examinations may be provided by a
licensed optometrist. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of any individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board shall
require such individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or

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designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice, or
in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual, or the Board may recommend to the Department to
file a complaint to suspend, revoke, or otherwise discipline
the license of the individual. Any individual whose license was
granted pursuant to this Act, or continued, reinstated,
renewed, disciplined, or supervised, subject to such
conditions, terms, or restrictions, who shall fail to comply
with such conditions, terms, or restrictions, shall be referred
to the Secretary for a determination as to whether the
individual shall have his or her license suspended immediately,
pending a hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient; and
upon the recommendation of the Board to the Secretary that the
licensee be allowed to resume his or her practice.
(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09;
96-1000, eff. 7-2-10; 97-1028, eff. 1-1-13.)