Bill Text: IL SB1484 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Optometric Practice Act of 1987. Replaces the requirement for licensees to apply for additional licenses in order to practice optometry at more than one address with the new requirement that licensees report to the Department every additional location where the licensee engages in the practice of optometry. Provides that failure to report a practice location or registering a location where a licensee does not practice constitutes a violation of the Act. In a provision concerning license renewal, provides that all licensees on March 31, 2010 without a certification of completion of an oral pharmaceutical course as required by the Act shall be placed on non-renewed status and may only be renewed after the licensee meets those requirements established by the Department. Provides that licensees may apply for expungement from their disciplinary record any offense relating to the failure to complete continuing education requirements, the failure to have an ancillary license, or the failure to report a practice location if they meet certain conditions. Repeals a Section concerning limited optometry licenses. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB1484 Detail]

Download: Illinois-2009-SB1484-Engrossed.html

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AN ACT concerning professional 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 7, 11, and 16 and by adding
Section 24.1 as follows:
(225 ILCS 80/7) (from Ch. 111, par. 3907)
(Section scheduled to be repealed on January 1, 2017)
Sec. 7. Additional practice locations licenses. Every
holder of a license under this Act shall report to the
Department every additional location where the licensee
engages in the practice of optometry. Such reports shall be
made prior to practicing at the location and shall be done in a
manner prescribed by the Department. Failure to report a
practice location or to maintain evidence of such a report at
the practice location shall be a violation of this Act and
shall be considered the unlicensed practice of optometry.
Registering a location where a licensee does not practice shall
also be a violation of this Act. Upon proper application and
payment of the prescribed fee, additional licenses may be
issued to active practitioners who are engaged in the practice
of optometry at more than one address. A license must be
displayed at each location where the licensee engages in the

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practice of optometry. Nothing contained herein, however,
shall be construed to require a licensed optometrist in active
practice to report a location to the Department when obtain an
additional license for the purpose of serving on the staff of a
hospital or an institution that receives no fees (other than
entrance registration fees) for the services rendered by the
optometrist and for which the optometrist receives no fees or
compensation directly or indirectly for such services
rendered. Nothing contained herein shall be construed to
require a licensed optometrist to report a location to the
Department when obtain an additional license for the purpose of
rendering necessary optometric services for his or her patients
confined to their homes, hospitals or institutions, or to act
in an advisory capacity, with or without remuneration, in any
industry, school or institution.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/11) (from Ch. 111, par. 3911)
(Section scheduled to be repealed on January 1, 2017)
Sec. 11. Optometric Licensing and Disciplinary Board. The
Secretary shall appoint an Illinois Optometric Licensing and
Disciplinary Board as follows: Seven persons who shall be
appointed by and shall serve in an advisory capacity to the
Secretary. Five members must be lawfully and actively engaged
in the practice of optometry in this State, one member shall be
a licensed optometrist, with a full-time faculty appointment

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with the Illinois College of Optometry, and one member must be
a member of the public who shall be a voting member and is not
licensed under this Act, or a similar Act of another
jurisdiction, or have any connection with the profession.
Neither the public member nor the faculty member shall
participate in the preparation or administration of the
examination of applicants for licensure. or certification.
Members shall serve 4-year terms and until their successors
are appointed and qualified. No member shall be appointed to
the Board for more than 2 successive 4-year terms, not counting
any partial terms when appointed to fill the unexpired portion
of a vacated term. Appointments to fill vacancies shall be made
in the same manner as original appointments, for the unexpired
portion of the vacated term.
The Board shall annually elect a chairperson and a
vice-chairperson, both of whom shall be licensed optometrists.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
A majority of the Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the right of a quorum to perform all of the
duties of the Board.
The Secretary may terminate the appointment of any member
for cause.
The Secretary shall give due consideration to all
recommendations of the Board, and in the event that the

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Secretary disagrees with or takes action contrary to the
recommendation of the Board, he or she shall provide the Board
with a written and specific explanation of this action. None of
the functions, powers or duties of the Department with respect
to policy matters relating to licensure, discipline, and
examination, including the promulgation of such rules as may be
necessary for the administration of this Act, shall be
exercised by the Department except upon review of the Board.
Without, in any manner, limiting the power of the
Department to conduct investigations, the Board may recommend
to the Secretary that one or more licensed optometrists be
selected by the Secretary to conduct or assist in any
investigation pursuant to this Act. Such licensed optometrist
may receive remuneration as determined by the Secretary.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/16) (from Ch. 111, par. 3916)
(Section scheduled to be repealed on January 1, 2017)
Sec. 16. Renewal, reinstatement or restoration of
licenses; military service. The expiration date and renewal
period for each license issued under this Act shall be set by
rule.
All renewal applicants shall provide proof of having met
the requirements of continuing education set forth in the rules
of the Department. The Department shall, by rule, provide for
an orderly process for the reinstatement of licenses which have

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not been renewed due to failure to meet the continuing
education requirements. The continuing education requirement
may be waived for such good cause, including but not limited to
illness or hardship, as defined by rules of the Department.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants; by
requiring the filing of continuing education certificates with
the Department; or by other means established by the
Department.
Any licensee seeking renewal of his or her license during
the renewal cycle beginning April 1, 2008 must first complete a
tested educational course in the use of oral pharmaceutical
agents for the management of ocular conditions, as approved by
the Board.
Any optometrist who has permitted his or her license to
expire or who has had his or her license on inactive status may
have his or her license restored by making application to the
Department and filing proof acceptable to the Department of his
or her fitness to have his or her license restored and by
paying the required fees. Such proof of fitness may include
evidence certifying to active lawful practice in another
jurisdiction and must include proof of the completion of the
continuing education requirements specified in the rules for
the preceding license renewal period that has been completed

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during the 2 years prior to the application for license
restoration.
The Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of his
or her license and shall establish procedures and requirements
for such restoration.
However, any optometrist whose license expired while he or
she was (1) in Federal Service on active duty with the Armed
Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have his or her license restored
without paying any lapsed renewal fees if within 2 years after
honorable termination of such service, training, or education,
he or she furnishes the Department with satisfactory evidence
to the effect that he or she has been so engaged and that his or
her service, training, or education has been so terminated.
All licenses without "Therapeutic Certification" on March
31, 2006 shall be placed on non-renewed status and may only be
renewed after the licensee meets those requirements
established by the Department that may not be waived. All
licensees on March 31, 2010 without a certification of
completion of an oral pharmaceutical course as required by this
Section shall be placed on non-renewed status and may only be
renewed after the licensee meets those requirements
established by the Department that may not be waived.

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(Source: P.A. 94-787, eff. 5-19-06; 95-242, eff. 1-1-08.)
(225 ILCS 80/24.1 new)
Sec. 24.1. Expungement of disciplinary offenses. Any
licensee disciplined under this Act for an offense relating to
the failure to complete continuing education requirements, the
failure to have an ancillary license, or the failure to report
a practice location may apply to the Department to have the
offense expunged from the licensee's disciplinary record. An
application for expungement shall only be considered by the
Department if the application is submitted more than 6 years
after the disciplinary offense occurred and the licensee has
not been disciplined for another offense under this Act since
the disciplinary offense occurred. Requests for expungement
shall be submitted to and considered by the Illinois Licensing
and Disciplinary Board in accordance with requirements that the
Department shall set by rule.
(225 ILCS 80/15.2 rep.)
Section 10. The Illinois Optometric Practice Act of 1987 is
amended by repealing Section 15.2.