HB 5066 — OPTOMETRIC PRAC-OCULAR DEVICES

*LRB09519552RAS45875b* HB5066 95THEngrossed GENERALLRB095 ASSEMBLY19552 StateRAS of45875 Illinoisb andAN 2008ACT HB5066concerning byregulation. Rep.

Angelo Saviano SYNOPSIS AS INTRODUCED:

ILCS 80/3 from Ch.

111, par.

3903 Amends the Illinois Optometric Practice Act of 1987.

Provides that 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 19552 RAS 45875 b A BILL FOR HB5066 LRB095 19552 RAS 45875 b AN ACT concerning regulation.

HB5066 Engrossed - 2 - LRB095 19552 RAS 45875 b A person shall be deemed to be practicing optometry within the meaning of this Act who:

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 HB5066 Engrossed - 3 - LRB095 19552 RAS 45875 b 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.

(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 specifically prohibit the sale or delivery of ophthalmic lenses, prisms, and contact lenses without a prescription signed by an optometrist or a physician licensed to practice HB5066 Engrossed - 4 - LRB095 19552 RAS 45875 b medicine in all of its branches.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning HB5066 Engrossed - 5 - LRB095 19552 RAS 45875 b contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.