Bill Text: IL SB2218 | 2013-2014 | 98th General Assembly | Chaptered
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-Chaptered.html
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| Public Act 098-0186 | ||||
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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 3 and 9 as follows:
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(225 ILCS 80/3) (from Ch. 111, par. 3903)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 3. Practice of optometry defined; referrals; | ||||
manufacture of lenses
and prisms. | ||||
(a) The practice of optometry is defined as the employment | ||||
of any
and all means for the examination, diagnosis, and | ||||
treatment of the human
visual system, the human eye, and its | ||||
appendages without the use of
surgery, including but not | ||||
limited to: the appropriate
use of ocular
pharmaceutical | ||||
agents; refraction and other determinants of visual function;
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prescribing corrective lenses or prisms; prescribing, | ||||
dispensing, or management
of contact lenses; vision therapy; | ||||
visual rehabilitation; or any other
procedures taught in | ||||
schools and colleges of optometry approved by the
Department, | ||||
and not specifically restricted in this Act, subject to
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demonstrated competency and training as required by the Board, | ||||
and pursuant
to rule or regulation approved by the Board and | ||||
adopted by
the Department.
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A person shall be deemed to be practicing optometry within | ||
the meaning of
this Act who:
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(1) In any way presents himself or herself to be | ||
qualified to
practice optometry.
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(2) Performs refractions or employs any other | ||
determinants of
visual function.
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(3) Employs any means for the adaptation of lenses or | ||
prisms.
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(4) Prescribes corrective lenses, prisms, vision | ||
therapy,
visual rehabilitation, or ocular pharmaceutical | ||
agents.
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(5) Prescribes or manages contact lenses for | ||
refractive,
cosmetic, or therapeutic purposes.
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(6) Evaluates the need for, or prescribes, low vision | ||
aids to
partially sighted persons.
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(7) Diagnoses or treats any ocular abnormality, | ||
disease, or
visual or muscular anomaly of the human eye or | ||
visual system.
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(8) Practices, or offers or attempts to practice, | ||
optometry as defined in
this Act either on his or her own | ||
behalf or as an employee
of a person, firm,
or corporation, | ||
whether under the supervision of his or her employer or | ||
not.
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Nothing in this Section shall be interpreted (i) to prevent | ||
a person from
functioning as an assistant under the direct | ||
supervision of a person licensed
by the State of Illinois to | ||
practice optometry or medicine in all of its
branches or (ii) | ||
to prohibit visual screening programs that
are conducted | ||
without a fee (other than voluntary donations), by
charitable | ||
organizations
acting in the public welfare under
the | ||
supervision of a committee composed of persons licensed by the | ||
State of
Illinois to practice optometry or persons licensed by | ||
the State of Illinois
to practice medicine in all of its | ||
branches.
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(b) When, in the course of providing optometric services to | ||
any person,
an optometrist licensed under this Act finds an | ||
indication of a disease or
condition of the eye which in his or | ||
her professional judgment requires
professional service | ||
outside the scope of practice as defined in this Act,
he or she | ||
shall refer such person to a physician licensed to practice | ||
medicine
in all of its branches, or other appropriate health | ||
care practitioner.
Nothing in this Act shall preclude an | ||
optometrist from rendering appropriate nonsurgical
emergency | ||
care.
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(c) Nothing contained in this Section shall prohibit a | ||
person from
manufacturing ophthalmic lenses and prisms or the | ||
fabrication
of contact lenses according to the specifications | ||
prescribed by an optometrist
or a physician licensed to | ||
practice medicine in all of its branches, but shall
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specifically prohibit (1) the sale or delivery of ophthalmic
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lenses, prisms, and contact lenses without a prescription | ||
signed by an
optometrist or a physician licensed to practice | ||
medicine in all of its
branches and (2) 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. For the purposes of this Act, | ||
"contact lenses" include, but are not limited to, contact | ||
lenses with prescriptive power and decorative and plano power | ||
contact lenses. Nothing in this Section shall prohibit the sale | ||
of contact lenses by an optical firm or corporation primarily | ||
engaged in manufacturing or dealing in eyeglasses or contact | ||
lenses with an affiliated optometrist who practices and is | ||
licensed or has an ancillary registration for the location | ||
where the sale occurs.
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(d) Nothing in this Act shall restrict the filling of a | ||
prescription by a
pharmacist licensed under the Pharmacy | ||
Practice Act. | ||
(e) Nothing in this Act shall be construed to restrict the | ||
dispensing and sale by an optometrist of ocular devices, such | ||
as contact lenses, that contain and deliver ocular | ||
pharmaceutical agents permitted for use or prescription under | ||
this Act.
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(Source: P.A. 95-689, eff. 10-29-07; 96-461, eff. 1-1-10.)
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(225 ILCS 80/9) (from Ch. 111, par. 3909)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 9. Definitions. In this Act:
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(1) "Department" means the Department of Financial and
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Professional
Regulation.
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(2) "Secretary" means the Secretary
of Financial and | ||
Professional Regulation.
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(3) "Board" means the Illinois Optometric
Licensing | ||
and
Disciplinary
Board appointed by the Secretary.
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(4) "License" means the document issued by the | ||
Department
authorizing the
person named thereon to | ||
practice optometry.
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(5) (Blank).
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(6) "Direct supervision" means supervision of any | ||
person
assisting
an
optometrist, requiring that the | ||
optometrist authorize the procedure, remain
in the | ||
facility while the procedure is performed, approve the work
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performed by the person assisting before dismissal of the | ||
patient, but does
not mean that the optometrist must be | ||
present with the patient, during the
procedure. For the | ||
dispensing of contact lenses, "direct supervision" means | ||
that the optometrist is responsible for training the person | ||
assisting the optometrist in the dispensing or sale of | ||
contact lenses, but does not mean that the optometrist must | ||
be present in the facility where he or she practices under | ||
a license or ancillary registration at the time the | ||
contacts are dispensed or sold.
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(Source: P.A. 94-787, eff. 5-19-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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