Bill Text: IL SB2218 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Optometric Practice Act of 1987. Prohibits the dispensing of contact lenses by anyone other than a licensed optometrist, licensed pharmacist, or a physician licensed to practice medicine in all of its branches.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0186 [SB2218 Detail]
Download: Illinois-2013-SB2218-Amended.html
Bill Title: Amends the Illinois Optometric Practice Act of 1987. Prohibits the dispensing of contact lenses by anyone other than a licensed optometrist, licensed pharmacist, or a physician licensed to practice medicine in all of its branches.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0186 [SB2218 Detail]
Download: Illinois-2013-SB2218-Amended.html
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1 | AMENDMENT TO SENATE BILL 2218
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2 | AMENDMENT NO. ______. Amend Senate Bill 2218 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 3 and 9 as follows:
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6 | (225 ILCS 80/3) (from Ch. 111, par. 3903)
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7 | (Section scheduled to be repealed on January 1, 2017)
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8 | Sec. 3. Practice of optometry defined; referrals; | ||||||
9 | manufacture of lenses
and prisms. | ||||||
10 | (a) The practice of optometry is defined as the employment | ||||||
11 | of any
and all means for the examination, diagnosis, and | ||||||
12 | treatment of the human
visual system, the human eye, and its | ||||||
13 | appendages without the use of
surgery, including but not | ||||||
14 | limited to: the appropriate
use of ocular
pharmaceutical | ||||||
15 | agents; refraction and other determinants of visual function;
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16 | prescribing corrective lenses or prisms; prescribing, |
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1 | dispensing, or management
of contact lenses; vision therapy; | ||||||
2 | visual rehabilitation; or any other
procedures taught in | ||||||
3 | schools and colleges of optometry approved by the
Department, | ||||||
4 | and not specifically restricted in this Act, subject to
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5 | demonstrated competency and training as required by the Board, | ||||||
6 | and pursuant
to rule or regulation approved by the Board and | ||||||
7 | adopted by
the Department.
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8 | A person shall be deemed to be practicing optometry within | ||||||
9 | the meaning of
this Act who:
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10 | (1) In any way presents himself or herself to be | ||||||
11 | qualified to
practice optometry.
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12 | (2) Performs refractions or employs any other | ||||||
13 | determinants of
visual function.
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14 | (3) Employs any means for the adaptation of lenses or | ||||||
15 | prisms.
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16 | (4) Prescribes corrective lenses, prisms, vision | ||||||
17 | therapy,
visual rehabilitation, or ocular pharmaceutical | ||||||
18 | agents.
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19 | (5) Prescribes or manages contact lenses for | ||||||
20 | refractive,
cosmetic, or therapeutic purposes.
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21 | (6) Evaluates the need for, or prescribes, low vision | ||||||
22 | aids to
partially sighted persons.
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23 | (7) Diagnoses or treats any ocular abnormality, | ||||||
24 | disease, or
visual or muscular anomaly of the human eye or | ||||||
25 | visual system.
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26 | (8) Practices, or offers or attempts to practice, |
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1 | optometry as defined in
this Act either on his or her own | ||||||
2 | behalf or as an employee
of a person, firm,
or corporation, | ||||||
3 | whether under the supervision of his or her employer or | ||||||
4 | not.
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5 | Nothing in this Section shall be interpreted (i) to prevent | ||||||
6 | a person from
functioning as an assistant under the direct | ||||||
7 | supervision of a person licensed
by the State of Illinois to | ||||||
8 | practice optometry or medicine in all of its
branches or (ii) | ||||||
9 | to prohibit visual screening programs that
are conducted | ||||||
10 | without a fee (other than voluntary donations), by
charitable | ||||||
11 | organizations
acting in the public welfare under
the | ||||||
12 | supervision of a committee composed of persons licensed by the | ||||||
13 | State of
Illinois to practice optometry or persons licensed by | ||||||
14 | the State of Illinois
to practice medicine in all of its | ||||||
15 | branches.
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16 | (b) When, in the course of providing optometric services to | ||||||
17 | any person,
an optometrist licensed under this Act finds an | ||||||
18 | indication of a disease or
condition of the eye which in his or | ||||||
19 | her professional judgment requires
professional service | ||||||
20 | outside the scope of practice as defined in this Act,
he or she | ||||||
21 | shall refer such person to a physician licensed to practice | ||||||
22 | medicine
in all of its branches, or other appropriate health | ||||||
23 | care practitioner.
Nothing in this Act shall preclude an | ||||||
24 | optometrist from rendering appropriate nonsurgical
emergency | ||||||
25 | care.
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26 | (c) Nothing contained in this Section shall prohibit a |
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1 | person from
manufacturing ophthalmic lenses and prisms or the | ||||||
2 | fabrication
of contact lenses according to the specifications | ||||||
3 | prescribed by an optometrist
or a physician licensed to | ||||||
4 | practice medicine in all of its branches, but shall
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5 | specifically prohibit (1) the sale or delivery of ophthalmic
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6 | lenses, prisms, and contact lenses without a prescription | ||||||
7 | signed by an
optometrist or a physician licensed to practice | ||||||
8 | medicine in all of its
branches and (2) the dispensing of | ||||||
9 | contact lenses by anyone other than a licensed optometrist, | ||||||
10 | licensed pharmacist, or a physician licensed to practice | ||||||
11 | medicine in all of its branches. For the purposes of this Act, | ||||||
12 | "contact lenses" include, but are not limited to, contact | ||||||
13 | lenses with prescriptive power and decorative and plano power | ||||||
14 | contact lenses. Nothing in this Section shall prohibit the sale | ||||||
15 | of contact lenses by an optical firm or corporation primarily | ||||||
16 | engaged in manufacturing or dealing in eyeglasses or contact | ||||||
17 | lenses with an affiliated optometrist who practices and is | ||||||
18 | licensed or has an ancillary registration for the location | ||||||
19 | where the sale occurs .
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20 | (d) Nothing in this Act shall restrict the filling of a | ||||||
21 | prescription by a
pharmacist licensed under the Pharmacy | ||||||
22 | Practice Act. | ||||||
23 | (e) Nothing in this Act shall be construed to restrict the | ||||||
24 | dispensing and sale by an optometrist of ocular devices, such | ||||||
25 | as contact lenses, that contain and deliver ocular | ||||||
26 | pharmaceutical agents permitted for use or prescription under |
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1 | this Act.
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2 | (Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
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3 | (225 ILCS 80/9) (from Ch. 111, par. 3909)
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4 | (Section scheduled to be repealed on January 1, 2017)
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5 | Sec. 9. Definitions. In this Act:
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6 | (1) "Department" means the Department of Financial and
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7 | Professional
Regulation.
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8 | (2) "Secretary" means the Secretary
of Financial and | ||||||
9 | Professional Regulation.
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10 | (3) "Board" means the Illinois Optometric
Licensing | ||||||
11 | and
Disciplinary
Board appointed by the Secretary.
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12 | (4) "License" means the document issued by the | ||||||
13 | Department
authorizing the
person named thereon to | ||||||
14 | practice optometry.
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15 | (5) (Blank).
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16 | (6) "Direct supervision" means supervision of any | ||||||
17 | person
assisting
an
optometrist, requiring that the | ||||||
18 | optometrist authorize the procedure, remain
in the | ||||||
19 | facility while the procedure is performed, approve the work
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20 | performed by the person assisting before dismissal of the | ||||||
21 | patient, but does
not mean that the optometrist must be | ||||||
22 | present with the patient, during the
procedure. For the | ||||||
23 | dispensing of contact lenses, "direct supervision" means | ||||||
24 | that the optometrist is responsible for training the person | ||||||
25 | assisting the optometrist in the dispensing or sale of |
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1 | contact lenses, but does not mean that the optometrist must | ||||||
2 | be present in the facility where he or she practices under | ||||||
3 | a license or ancillary registration at the time the | ||||||
4 | contacts are dispensed or sold.
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5 | (Source: P.A. 94-787, eff. 5-19-06.)".
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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