95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2196


 
Introduced 2/14/2008, by Sen. M. Maggie Crotty
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 80/3
  from Ch. 111, par. 3903







    Amends the Illinois Optometric Practice Act of 1987. Provides that nothing in the 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 the Act.
















LRB095 19551 RAS 45873 b

















 


 


A BILL FOR









 











SB2196

LRB095 19551 RAS 45873 b






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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 
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amended  by changing Section 3 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    (Section scheduled to be repealed on January 1, 2017)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; 
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manufacture of lenses
and prisms.
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    (a) The practice of optometry is defined as the employment 
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of any
and all means for the examination, diagnosis, and 
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treatment of the human
visual system, the human eye, and its 
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appendages without the use of
surgery, including but not 
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limited to:  the appropriate
use of ocular
pharmaceutical 
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agents; refraction and other determinants of visual function;

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prescribing corrective lenses or prisms; prescribing, 
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dispensing, or management
of contact lenses; vision therapy; 
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visual rehabilitation; or any other
procedures taught in 
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schools and colleges of optometry approved by the
Department, 
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and not specifically restricted in this Act, subject to

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demonstrated competency and training as required by the Board, 
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and pursuant
to rule or regulation approved by the Board and 
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adopted by
the Department.

 


 






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    A person shall be deemed to be practicing optometry within 
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the meaning of
this Act who:


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        (1) In any way presents himself or herself to be 
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    qualified to
practice optometry.


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        (2) Performs refractions or employs any other 
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    determinants of
visual function.


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        (3) Employs any means for the adaptation of lenses or 
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    prisms.


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        (4) Prescribes corrective lenses, prisms, vision 
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    therapy,
visual rehabilitation, or ocular pharmaceutical 
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    agents.


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        (5) Prescribes or manages contact lenses for 
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    refractive,
cosmetic, or therapeutic purposes.


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        (6) Evaluates the need for, or prescribes, low vision 
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    aids to
partially sighted persons.


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        (7) Diagnoses or treats any ocular abnormality, 
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    disease, or
visual or muscular anomaly of the human eye or 
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    visual system.


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        (8) Practices, or offers or attempts to practice, 
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    optometry as defined in
this Act either on his or her own 
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    behalf or as an employee
of a person, firm,
or corporation, 
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    whether under the supervision of his or her employer or 
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    not.

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    Nothing in this Section shall be interpreted (i) to prevent 
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a person from
functioning as an assistant under the direct 
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supervision of a person licensed
by the State of Illinois to 
 


 






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practice optometry or medicine in all of its
branches or (ii) 
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to prohibit visual screening programs that
 are conducted 
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without a fee (other than voluntary donations), by
charitable 
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organizations
acting in the public welfare under
the 
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supervision of a committee composed of persons licensed by the 
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State of
Illinois to practice optometry or persons licensed by 
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the State of Illinois
to practice medicine in all of its 
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branches.

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    (b) When, in the course of providing optometric services to 
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any person,
an optometrist licensed under this Act finds an 
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indication of a disease or
condition of the eye which in his or 
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her professional judgment requires
professional service 
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outside the scope of practice as defined in this Act,
he or she 
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shall refer such person to a physician licensed to practice 
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medicine
in all of its branches, or other appropriate health 
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care practitioner.
Nothing in this Act shall preclude an 
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optometrist from rendering appropriate nonsurgical
 emergency 
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care.

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    (c) Nothing contained in this Section shall prohibit a 
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person from
manufacturing ophthalmic lenses and prisms or the 
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fabrication
of contact lenses according to the specifications 
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prescribed by an optometrist
or a physician licensed to 
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practice medicine in all of its branches, but shall

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specifically prohibit the sale or delivery of ophthalmic

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lenses, prisms, and contact lenses without a prescription 
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signed by an
optometrist or a physician licensed to practice 
 


 






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medicine in all of its
branches.

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    (d) Nothing in this Act shall restrict the filling of a 
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prescription by a
pharmacist licensed under the Pharmacy 
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Practice Act.
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    (e) Nothing in this Act shall be construed to restrict the 
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dispensing and sale by an optometrist of ocular devices, such 
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as contact lenses, that contain and deliver ocular 
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pharmaceutical agents permitted for use or prescription under 
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this Act. 

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(Source: P.A. 94-787, eff. 5-19-06; 95-689, eff. 10-29-07.)