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1		AN ACT concerning professional regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Optometric Practice Act of 1987 is
5		amended by changing Sections 7, 11, and 16 and by adding
6		Section 24.1 as follows:
7		(225 ILCS 80/7) (from Ch. 111, par. 3907)
8		(Section scheduled to be repealed on January 1, 2017)
9		Sec. 7. Additional practice locations licenses. Every
10		holder of a license under this Act shall report to the
11		Department every additional location where the licensee
12		engages in the practice of optometry. Such reports shall be
13		made prior to practicing at the location and shall be done in a
14		manner prescribed by the Department. Failure to report a
15		practice location or to maintain evidence of such a report at
16		the practice location shall be a violation of this Act and
17		shall be considered the unlicensed practice of optometry.
18		Registering a location where a licensee does not practice shall
19		also be a violation of this Act. Upon proper application and
20		payment of the prescribed fee, additional licenses may be
21		issued to active practitioners who are engaged in the practice
22		of optometry at more than one address. A license must be
23		displayed at each location where the licensee engages in the

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1		practice of optometry. Nothing contained herein, however,
2		shall be construed to require a licensed optometrist in active
3		practice to report a location to the Department when obtain an
4		additional license for the purpose of serving on the staff of a
5		hospital or an institution that receives no fees (other than
6		entrance registration fees) for the services rendered by the
7		optometrist and for which the optometrist receives no fees or
8		compensation directly or indirectly for such services
9		rendered. Nothing contained herein shall be construed to
10		require a licensed optometrist to report a location to the
11		Department when obtain an additional license for the purpose of
12		rendering necessary optometric services for his or her patients
13		confined to their homes, hospitals or institutions, or to act
14		in an advisory capacity, with or without remuneration, in any
15		industry, school or institution.
16		(Source: P.A. 94-787, eff. 5-19-06.)
17		(225 ILCS 80/11) (from Ch. 111, par. 3911)
18		(Section scheduled to be repealed on January 1, 2017)
19		Sec. 11. Optometric Licensing and Disciplinary Board. The
20		Secretary shall appoint an Illinois Optometric Licensing and
21		Disciplinary Board as follows: Seven persons who shall be
22		appointed by and shall serve in an advisory capacity to the
23		Secretary. Five members must be lawfully and actively engaged
24		in the practice of optometry in this State, one member shall be
25		a licensed optometrist, with a full-time faculty appointment

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

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

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

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1		during the 2 years prior to the application for license
2		restoration.
3		The Department shall determine, by an evaluation program
4		established by rule, his or her fitness for restoration of his
5		or her license and shall establish procedures and requirements
6		for such restoration.
7		However, any optometrist whose license expired while he or
8		she was (1) in Federal Service on active duty with the Armed
9		Forces of the United States, or the State Militia called into
10		service or training, or (2) in training or education under the
11		supervision of the United States preliminary to induction into
12		the military service, may have his or her license restored
13		without paying any lapsed renewal fees if within 2 years after
14		honorable termination of such service, training, or education,
15		he or she furnishes the Department with satisfactory evidence
16		to the effect that he or she has been so engaged and that his or
17		her service, training, or education has been so terminated.
18		All licenses without "Therapeutic Certification" on March
19		31, 2006 shall be placed on non-renewed status and may only be
20		renewed after the licensee meets those requirements
21		established by the Department that may not be waived. All
22		licensees on March 31, 2010 without a certification of
23		completion of an oral pharmaceutical course as required by this
24		Section shall be placed on non-renewed status and may only be
25		renewed after the licensee meets those requirements
26		established by the Department that may not be waived.

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1		(Source: P.A. 94-787, eff. 5-19-06; 95-242, eff. 1-1-08.)
2		(225 ILCS 80/24.1 new)
3		Sec. 24.1. Expungement of disciplinary offenses. Any
4		licensee disciplined under this Act for an offense relating to
5		the failure to complete continuing education requirements, the
6		failure to have an ancillary license, or the failure to report
7		a practice location may apply to the Department to have the
8		offense expunged from the licensee's disciplinary record. An
9		application for expungement shall only be considered by the
10		Department if the application is submitted more than 6 years
11		after the disciplinary offense occurred and the licensee has
12		not been disciplined for another offense under this Act since
13		the disciplinary offense occurred. Requests for expungement
14		shall be submitted to and considered by the Illinois Licensing
15		and Disciplinary Board in accordance with requirements that the
16		Department shall set by rule.
17		(225 ILCS 80/15.2 rep.)
18		Section 10. The Illinois Optometric Practice Act of 1987 is
19		amended by repealing Section 15.2.