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| Public Act 097-1028
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| SB3538 Enrolled | LRB097 17736 CEL 62951 b |
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AN ACT concerning 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 6 and 24 as follows:
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(225 ILCS 80/6) (from Ch. 111, par. 3906)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 6. Display of license; change of address; record of
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examinations and prescriptions. Every holder of a license under |
this Act shall
display such license on a conspicuous place in |
the office or
offices wherein such holder practices optometry |
and every holder shall,
whenever requested, exhibit such |
license to any
representative of the Department, and shall |
notify the Department of the
address or addresses and of every |
change thereof, where such holder shall
practice optometry.
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Every licensed optometrist shall keep a record of |
examinations made and
prescriptions issued, which record shall |
include the names of persons
examined and for whom |
prescriptions were prepared, and shall be signed by
the |
licensed optometrist and shall be retained by him in the office |
in which such
professional service was rendered or in a secure |
offsite storage facility. Such records shall be preserved by |
the
optometrist for a period designated by the Department. A |
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copy of such records
shall be
provided, upon written request, |
to the person examined, or his or her
designee.
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(Source: P.A. 94-787, eff. 5-19-06.)
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(225 ILCS 80/24) (from Ch. 111, par. 3924)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 24. Grounds for disciplinary action.
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(a) The Department may refuse to issue or to renew, or may
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revoke, suspend, place on probation, reprimand or take other
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disciplinary or non-disciplinary action as the Department may |
deem appropriate proper, including fines not
to exceed $10,000 |
for each violation, with regard to any license for any one or |
combination of the following 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. :
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(a-3) Grounds for disciplinary action include the |
following:
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(1) Violations of this Act, or of the rules promulgated
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hereunder.
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(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.
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(3) Making any misrepresentation for the purpose of |
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obtaining a
license.
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(4) Professional incompetence or gross negligence in |
the
practice of optometry.
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(5) Gross malpractice, prima facie evidence
of which |
may be a conviction or judgment of
malpractice in any court |
of competent jurisdiction.
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(6) Aiding or assisting another person in violating any
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provision of this Act or rules.
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(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.
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(8) Engaging in dishonorable, unethical, or |
unprofessional
conduct of a
character likely to deceive, |
defraud, or harm the public.
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(9) Habitual or excessive use or addiction to alcohol,
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narcotics,
stimulants or any other chemical agent or drug |
that results in
the
inability to practice with reasonable |
judgment, skill, or safety.
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(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.
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(11) Violation of the prohibition against fee |
splitting in Section 24.2 of this Act.
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(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.
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(13) Abandonment of a patient.
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(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.
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(15) Willfully failing to report an instance of |
suspected
abuse or
neglect as required by law.
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(16) Physical illness, including but not limited to,
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deterioration
through the aging process, or loss of motor |
skill, mental illness, or
disability that results in the
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inability to practice the profession with reasonable |
judgment, skill,
or safety.
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(17) Solicitation of professional services other than
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permitted
advertising.
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(18) Failure to provide a patient with a copy of his or
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her record or
prescription in accordance with federal law.
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(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
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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.
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(20) A finding that licensure has been applied for or |
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obtained
by
fraudulent means.
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(21) Continued practice by a person knowingly having an
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infectious
or contagious
disease.
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(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.
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(23) Practicing or attempting to practice under a name |
other
than the
full name as shown on his or her license.
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(24) Immoral conduct in the commission of any act, such |
as
sexual abuse,
sexual misconduct or sexual exploitation, |
related to the licensee's
practice.
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(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.
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(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.
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(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
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"infirmary",
"hospital", "school", "university", in |
English or any other
language, in connection with the place |
where optometry may be practiced or
demonstrated.
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(29) Continuance of an optometrist in the employ of any
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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.
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(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
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Illinois concerning the practice of optometry.
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(31) Failure to provide satisfactory proof of having
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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.
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(32) Willfully making or filing false records or |
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 |
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and Family Services (formerly Department of Public Aid)
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under the Illinois Public Aid Code.
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(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.
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(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.
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(35) Violation of the Health Care Worker Self-Referral |
Act.
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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.
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(a-5) In enforcing this Section, the Board upon a showing |
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 |
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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
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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,
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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
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examination if the Board finds, after notice and hearing, that |
the refusal to
submit to the examination was without reasonable |
cause.
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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 |
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 |
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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
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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.
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(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.
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(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09; |
96-1000, eff. 7-2-10.)
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