Bill Amendment: IL SB1504 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: OPTOMETRY ACT-VARIOUS
Status: 2015-07-14 - Public Act . . . . . . . . . 99-0043 [SB1504 Detail]
Download: Illinois-2015-SB1504-Senate_Amendment_001.html
Bill Title: OPTOMETRY ACT-VARIOUS
Status: 2015-07-14 - Public Act . . . . . . . . . 99-0043 [SB1504 Detail]
Download: Illinois-2015-SB1504-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1504
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2 | AMENDMENT NO. ______. Amend Senate Bill 1504 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Optometric Practice Act of 1987 is | ||||||
5 | amended by changing Sections 12, 22, and 24 as follows:
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6 | (225 ILCS 80/12) (from Ch. 111, par. 3912)
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7 | (Section scheduled to be repealed on January 1, 2017)
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8 | Sec. 12. Applications for licenses. Applications for
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9 | original licenses shall be
made to the Department in writing or | ||||||
10 | electronically on forms prescribed by the Department and
shall | ||||||
11 | be accompanied by the required fee, which shall not be | ||||||
12 | refundable.
Any such application shall require such | ||||||
13 | information as in the judgment of
the Department will enable | ||||||
14 | the Department to pass on the qualifications of
the applicant | ||||||
15 | for a license.
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16 | Applicants have 3 years from the date of application to |
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1 | complete the
application process. If the process has not been | ||||||
2 | completed within 3 years, the
application shall be denied, the | ||||||
3 | application fees shall be forfeited, and the
applicant must | ||||||
4 | reapply and meet the requirements in effect at the time of
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5 | reapplication.
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6 | Applicants who meet all other conditions for licensure and | ||||||
7 | who will be
practicing
optometry in a residency program | ||||||
8 | approved by the Board may apply for and
receive a
limited one | ||||||
9 | year license to practice optometry as a resident in the | ||||||
10 | program. The holder of a valid one-year residency license may | ||||||
11 | perform those acts prescribed by and incidental to the | ||||||
12 | residency license holder's program of residency training, with | ||||||
13 | the same privileges and responsibilities as a fully licensed | ||||||
14 | optometrist, but may not otherwise engage in the practice of | ||||||
15 | optometry in this State, unless fully licensed under this Act. | ||||||
16 | The Department may revoke a one-year residency license upon | ||||||
17 | proof that the residency license holder has engaged in the | ||||||
18 | practice of optometry in this State outside of his or her | ||||||
19 | residency program or if the residency license holder fails to | ||||||
20 | supply the Department, within 10 days after its request, with | ||||||
21 | information concerning his or her current status and activities | ||||||
22 | in the residency program.
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23 | (Source: P.A. 94-787, eff. 5-19-06.)
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24 | (225 ILCS 80/22) (from Ch. 111, par. 3922)
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25 | (Section scheduled to be repealed on January 1, 2017)
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1 | Sec. 22.
Any person licensed under this Act may advertise | ||||||
2 | the
availability of professional services in the public media
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3 | or on the premises where such professional services are | ||||||
4 | rendered provided
that such advertising is truthful and not | ||||||
5 | misleading and is in conformity
with rules promulgated by the | ||||||
6 | Department.
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7 | It is unlawful for any person licensed under this Act to | ||||||
8 | use testimonials
or claims
of superior quality of care to | ||||||
9 | entice the public.
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10 | (Source: P.A. 92-451, eff. 8-21-01 .)
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11 | (225 ILCS 80/24) (from Ch. 111, par. 3924)
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12 | (Section scheduled to be repealed on January 1, 2017)
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13 | Sec. 24. Grounds for disciplinary action.
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14 | (a) The Department may refuse to issue or to renew, or may
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15 | revoke, suspend, place on probation, reprimand or take other
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16 | disciplinary or non-disciplinary action as the Department may | ||||||
17 | deem appropriate, including fines not
to exceed $10,000 for | ||||||
18 | each violation, with regard to any license for any one or | ||||||
19 | combination of the causes set forth in subsection (a-3) of this | ||||||
20 | Section. All fines collected under this Section shall be | ||||||
21 | deposited in the Optometric Licensing and Disciplinary Board | ||||||
22 | Fund.
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23 | (a-3) Grounds for disciplinary action include the | ||||||
24 | following:
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25 | (1) Violations of this Act, or of the rules promulgated
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1 | hereunder.
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2 | (2) Conviction of or entry of a plea of guilty to any | ||||||
3 | crime under the laws of any U.S. jurisdiction
thereof that | ||||||
4 | is a felony or that is a misdemeanor of which an essential | ||||||
5 | element
is dishonesty, or any crime that is directly | ||||||
6 | related to the practice of the
profession.
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7 | (3) Making any misrepresentation for the purpose of | ||||||
8 | obtaining a
license.
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9 | (4) Professional incompetence or gross negligence in | ||||||
10 | the
practice of optometry.
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11 | (5) Gross malpractice, prima facie evidence
of which | ||||||
12 | may be a conviction or judgment of
malpractice in any court | ||||||
13 | of competent jurisdiction.
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14 | (6) Aiding or assisting another person in violating any
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15 | provision of this Act or rules.
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16 | (7) Failing, within 60 days, to provide information in | ||||||
17 | response
to a
written request made by the Department that | ||||||
18 | has been sent by
certified or
registered mail to the | ||||||
19 | licensee's last known address.
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20 | (8) Engaging in dishonorable, unethical, or | ||||||
21 | unprofessional
conduct of a
character likely to deceive, | ||||||
22 | defraud, or harm the public.
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23 | (9) Habitual or excessive use or addiction to alcohol,
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24 | narcotics,
stimulants or any other chemical agent or drug | ||||||
25 | that results in
the
inability to practice with reasonable | ||||||
26 | judgment, skill, or safety.
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1 | (10) Discipline by another U.S. jurisdiction or | ||||||
2 | foreign
nation, if at
least one of the grounds for the | ||||||
3 | discipline is the same or substantially
equivalent to those | ||||||
4 | set forth herein.
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5 | (11) Violation of the prohibition against fee | ||||||
6 | splitting in Section 24.2 of this Act.
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7 | (12) A finding by the Department that the licensee, | ||||||
8 | after
having his or
her
license placed on probationary | ||||||
9 | status has violated the terms of
probation.
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10 | (13) Abandonment of a patient.
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11 | (14) Willfully making or filing false records or | ||||||
12 | reports in
his or her
practice,
including but not limited | ||||||
13 | to false records filed with State agencies or
departments.
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14 | (15) Willfully failing to report an instance of | ||||||
15 | suspected
abuse or
neglect as required by law.
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16 | (16) Physical illness, including but not limited to,
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17 | deterioration
through the aging process, or loss of motor | ||||||
18 | skill, mental illness, or
disability that results in the
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19 | inability to practice the profession with reasonable | ||||||
20 | judgment, skill,
or safety.
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21 | (17) Solicitation of professional services other than
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22 | permitted
advertising.
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23 | (18) Failure to provide a patient with a copy of his or
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24 | her record or
prescription in accordance with federal law.
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25 | (19) Conviction by any court of competent | ||||||
26 | jurisdiction, either
within or
without this State, of any |
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1 | violation of any law governing the practice of
optometry, | ||||||
2 | conviction in this or another State of any crime that
is a
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3 | felony under the laws of this State or conviction of a | ||||||
4 | felony in a federal
court, if the Department determines, | ||||||
5 | after investigation, that such person
has not been | ||||||
6 | sufficiently rehabilitated to warrant the public trust.
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7 | (20) A finding that licensure has been applied for or | ||||||
8 | obtained
by
fraudulent means.
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9 | (21) Continued practice by a person knowingly having an
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10 | infectious
or contagious
disease.
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11 | (22) Being named as a perpetrator in an indicated | ||||||
12 | report by
the
Department of Children and Family Services | ||||||
13 | under the Abused and
Neglected Child Reporting Act, and | ||||||
14 | upon proof by clear and
convincing evidence that the | ||||||
15 | licensee has caused a child to be an abused
child or a | ||||||
16 | neglected child as defined in the Abused and Neglected | ||||||
17 | Child
Reporting Act.
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18 | (23) Practicing or attempting to practice under a name | ||||||
19 | other
than the
full name as shown on his or her license.
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20 | (24) Immoral conduct in the commission of any act, such | ||||||
21 | as
sexual abuse,
sexual misconduct or sexual exploitation, | ||||||
22 | related to the licensee's
practice.
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23 | (25) Maintaining a professional relationship with any | ||||||
24 | person,
firm, or
corporation when the optometrist knows, or | ||||||
25 | should know, that such person,
firm, or corporation is | ||||||
26 | violating this Act.
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1 | (26) Promotion of the sale of drugs, devices, | ||||||
2 | appliances or
goods
provided for a client or patient in | ||||||
3 | such manner as to exploit the patient
or client for | ||||||
4 | financial gain of the licensee.
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5 | (27) Using the title "Doctor" or its abbreviation | ||||||
6 | without
further
qualifying that title or abbreviation with | ||||||
7 | the word "optometry" or
"optometrist".
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8 | (28) Use by a licensed optometrist of the
word
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9 | "infirmary",
"hospital", "school", "university", in | ||||||
10 | English or any other
language, in connection with the place | ||||||
11 | where optometry may be practiced or
demonstrated unless the | ||||||
12 | licensee is employed by and practicing at a location that | ||||||
13 | is licensed as a hospital or accredited as a school or | ||||||
14 | university .
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15 | (29) Continuance of an optometrist in the employ of any
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16 | person, firm or
corporation, or as an assistant to any | ||||||
17 | optometrist or optometrists,
directly or indirectly, after | ||||||
18 | his or her employer or superior has been
found
guilty of | ||||||
19 | violating or has been enjoined from violating the laws of | ||||||
20 | the
State of Illinois relating to the practice of | ||||||
21 | optometry, when the employer
or superior persists in that | ||||||
22 | violation.
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23 | (30) The performance of optometric service in | ||||||
24 | conjunction with
a scheme
or plan with another person, firm | ||||||
25 | or corporation known to be advertising in
a manner contrary | ||||||
26 | to this Act or otherwise violating the laws of the State of
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1 | Illinois concerning the practice of optometry.
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2 | (31) Failure to provide satisfactory proof of having
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3 | participated in
approved continuing education programs as | ||||||
4 | determined by the Board and
approved by the Secretary. | ||||||
5 | Exceptions for extreme hardships are to be
defined by the | ||||||
6 | rules of the Department.
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7 | (32) Willfully making or filing false records or | ||||||
8 | reports in
the practice
of optometry, including, but not | ||||||
9 | limited to false records to support claims
against the | ||||||
10 | medical assistance program of the Department of Healthcare | ||||||
11 | and Family Services (formerly Department of Public Aid)
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12 | under the Illinois Public Aid Code.
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13 | (33) Gross and willful overcharging for professional | ||||||
14 | services
including
filing false statements for collection | ||||||
15 | of fees for which services are not
rendered, including, but | ||||||
16 | not limited to filing false statements for
collection of | ||||||
17 | monies for services not rendered from the medical | ||||||
18 | assistance
program of the Department of Healthcare and | ||||||
19 | Family Services (formerly Department of Public Aid) under | ||||||
20 | the Illinois Public Aid
Code.
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21 | (34) In the absence of good reasons to the contrary, | ||||||
22 | failure
to perform a
minimum eye examination as required by | ||||||
23 | the rules of the Department.
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24 | (35) Violation of the Health Care Worker Self-Referral | ||||||
25 | Act.
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26 | The Department may refuse to issue or may suspend the |
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1 | license of any person who fails to file a return, or to pay the | ||||||
2 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
3 | final assessment
of the tax, penalty or interest, as required | ||||||
4 | by any tax Act administered by
the Illinois Department of | ||||||
5 | Revenue, until such time as the requirements of
any such tax | ||||||
6 | Act are satisfied.
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7 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
8 | of a possible
violation, may compel any individual licensed to | ||||||
9 | practice under this Act, or
who has applied for licensure or | ||||||
10 | certification pursuant to this Act,
to submit to a
mental or | ||||||
11 | physical
examination, or both, as required by and at the | ||||||
12 | expense of the Department. The
examining physicians or clinical | ||||||
13 | psychologists shall be those specifically
designated by the | ||||||
14 | Board. The Board or the Department may order the examining
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15 | physician or clinical psychologist to present testimony | ||||||
16 | concerning this mental
or physical examination of the licensee | ||||||
17 | or applicant. No information shall be
excluded by reason of any | ||||||
18 | common law or statutory privilege relating to
communications | ||||||
19 | between the licensee or applicant and the examining physician | ||||||
20 | or
clinical psychologist. Eye examinations may be provided by a | ||||||
21 | licensed
optometrist. The individual to be examined may have,
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22 | at his or her own expense, another physician of his or her | ||||||
23 | choice present
during all aspects of the examination. Failure | ||||||
24 | of any individual to submit to
a mental or physical | ||||||
25 | examination, when directed, shall be grounds for
suspension of | ||||||
26 | a license until such time as the individual submits to the
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1 | examination if the Board finds, after notice and hearing, that | ||||||
2 | the refusal to
submit to the examination was without reasonable | ||||||
3 | cause.
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4 | If the Board finds an individual unable to practice because | ||||||
5 | of the reasons
set forth in this Section, the Board shall | ||||||
6 | require such individual to submit to
care, counseling, or | ||||||
7 | treatment by physicians or clinical psychologists approved
or | ||||||
8 | designated by the Board, as a condition, term, or restriction | ||||||
9 | for continued,
reinstated, or renewed licensure to practice, or | ||||||
10 | in lieu of care, counseling,
or treatment, the Board may | ||||||
11 | recommend to the Department to file a complaint to immediately | ||||||
12 | suspend, revoke, or otherwise discipline the
license of the | ||||||
13 | individual, or the Board may recommend to the Department to | ||||||
14 | file
a complaint to suspend, revoke, or otherwise discipline | ||||||
15 | the license of the
individual. Any individual whose license was | ||||||
16 | granted pursuant to this Act, or
continued, reinstated, | ||||||
17 | renewed, disciplined, or supervised, subject to such
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18 | conditions, terms, or restrictions, who shall fail to comply | ||||||
19 | with such
conditions, terms, or restrictions, shall be referred | ||||||
20 | to the Secretary for a
determination as to whether the | ||||||
21 | individual shall have his or her license
suspended immediately, | ||||||
22 | pending a hearing by the Board.
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23 | (b) The determination by a circuit court that a licensee is | ||||||
24 | subject to
involuntary admission or judicial admission as | ||||||
25 | provided in the Mental
Health and Developmental Disabilities | ||||||
26 | Code operates as an
automatic suspension. The suspension will |
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1 | end only upon a finding by a
court that the patient is no | ||||||
2 | longer subject to involuntary admission or
judicial admission | ||||||
3 | and issues an order so finding and discharging the
patient; and | ||||||
4 | upon the recommendation of the Board to the Secretary
that
the | ||||||
5 | licensee be allowed to resume his or her practice.
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6 | (Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09; | ||||||
7 | 96-1000, eff. 7-2-10; 97-1028, eff. 1-1-13.)".
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