« ForrigeFortsett »
any licensed physician, nor to dealers in spectacles or eyeglasses having an established place of business who neither practice nor plofess to plactice optometry, nor to the exclusively wholesale business of any dealer, or manufacturer. § 3. The Governor, with the advice and consent of the Senate, shall appoint five persons from among such practicing optometrists of the State as have had not less than five years’ practical experience in optometry as defined in section one of this Act, who shall constitute the State Board of Optometry, no member of any optical school or college, or instructor in optometry, or person connected in any way therewith, or any manufacturer, jobber or jobbing representative, shall be eligible to appointment upon the State Board of Optometry. “On or before the first day of January, 1916, the Governor shall appoint members of said board, and the terms of office for the said board first appointed shall be as follows: Beginning January 1, 1916, one member shall be appointed for a term of one year, one for two years, one for three years, one for four years, and one for five years. The term of the members of said board successively, shall expire, on the 31st day of December, of each year and the terms of all members after the first board is appointed shall be for a period of five years and until their successors shall be appointed and qualified.” If any person so appointed shall discontinue the active practice of optometry during the period of his appointment his term shall thereupon cease and he shall be at once removed by the Governor. All vacancies, however occurring, shall be filled by appointment by the Governor, with the advice and consent of the Senate, and appointments made when the Senate is not in session shall be confirmed at its next ensuing session. . § 4. The members of the State Board of Optometry, before entering upon the discharge of their duties, shall make and file with the Secretary of State the constitutional oath of office. The members of said board shall within thirty days after appointment, and annually thereafter in the month of January, meet and organize by electing a president from among the members thereof, and a scretary who shall also be the treasurer of said board, who shall not be a member of said board, but who shall have all of the qualifications of a member. The said secretary and treasurer, before entering upon his duties, shall file a bond with the Secretary of State in the penal sum of $10,000 payable to the People of the State of Illinois to insure the faithful discharge of his duties in said office. The said board shall prescribe the duties of its officers and adopt rules and regulations, not inconsistent with this Act, to govern its proceedings; and also shall adopt a seal; and the secretary shall have the care and custody thereof, and he shall keep the record of all of the proceedings of said board, which shall be open at all times to public scrutiny. All certificates issued by the State Board of Optometry shall be signed by the president and attested by the secretary with the seal of said board attached to or impressed thereon. Every such certificate shall be prima facie evidence of the right of the holder to practice optometry. The president and secretary shall have power to administer oaths and the board to take testimony in all matters relating to its powers and duties, and for that sake thereof shall be able to compel the attendance of witnesses and the production of all necessary books, papers, or documents, upon the proper service of a subpoena in proper form, duly attested. § 5. It shall be the duty of the board to examine all applications for registration submitted in proper form; to grant certificates of registration to such persons as may be entitled to the same under the provisions of this Act; to cause the prosecution of all persons violating its provisions; to report annually to the Governor the condition of optometry in the State of Illinois which said report shall also furnish a record of the ploceedings of the board for the year and an itemized statement of all moneys received and disbursed, with the names of all optometrists registered under this Act, and shall contain a copy of all rules adopted by said board of optometry; and to do all other things necessary to carry out the provisions of this Act. § 6. The board shall have the power to make by-laws for the proper fulfillment of its duties under this Act and shall keep a book of registration in which shall be entered the names and places of practice or business of all persons registered under this Act, which book shall also specify such facts as said persons shall claim to justify their registration. The president of the board may call a special meeting at any time. Three members shall constitute a quorum and the records of the board shall at all times be open to public inspection. § 7. The board shall hold meetings for the examination of applicants for registration and the transaction of such other business as shall pertain to its duties at least once in three months. One of which meetings in every year shall be held in the city of Chicago and one in the city of Springfield; it shall give thirty (30) days’ public notice of the time and place of all such meetings. § 8. The secretary of said board shall receive a salary which shall be fixed by the board, but which shall not exceed the sum of fifteen hundred ($1,500) dollars per annum, payable quarterly out of the State treasury, on the warrant of the Auditor of Public Accounts, out of any money which may from time to time be appropriated to pay the salaries of the officers of the State government. Each member of the board shall receive as compensation for his services, the sum of seven dollars for each day engaged in this service and all legitimate and necessary expense incurred in attending the meetings of the board, payable out of the State treasury on the warrant of the Auditor of Public Accounts, out of any money which may from time to time be appropriated to pay the salaries of the officers of the State government, said warrant to be based upon vouchers certified to as correct by three members of the said board, and approved by the Governor. All moneys payable under this Act shall be paid to the secretary, who shall pay them to the State Treasurer monthly. § 9. Any person who shall within three months after this Act takes effect forward to the State Board of Optometry an application for registration accompanied by satisfactory proof that he was continuously engaged in the practice of optometry at an established place of business or practice for three years next preceding the date this Act takes effect, shall, upon the payment of a fee of five dollars, be granted a certificate of registration as registered optometrist without examination: Provided, that in case of failure or neglect to register within three months' time limit as herein provided, such person shall be deemed to have waived his right to registration under this section, and in order to be registered shall comply with the requirements for registration by examination. § 10. Any person of good moral character, temperate habits and not less than twenty-one years of age, who shall present satisfactory evidence to the State Board of Optometry that he has studied not less than two years in the office of a registered optometrist or that he has graduated from a school of optometry maintaining a standard satisfactory to the board, shall be entitled to an examination before said board for a certificate of registration upon making application, in such manner and form as shall be prescribed by the board, accompanied by the fee hereinafter specified. If the said examination shall be satisfactory to the board as to the qualifications of the applicant for the practice of optometry he shall be granted the certificate of registration by examination. § 11. Every such applicant for registration by examination shall pay to the secretary of the board at the time of filing his application a fee of ten ($10) dollars, if he pass the examination shall also entitle him to a certificate, which fee, should he fail in his first examination, shall entitle him to a second examination if taken within one year. Should the second examination be satisfactory, he shall, before a certificate is granted, pay an additional fee of $5.00. § 12. The said board may, in its discretion, upon payment of a fee of five dollars, grant certificates of registration to the licentiates by examination of such other boards as shall prescribe similar recognition of its licentiates. § 13. Every person, to whom a certificate of registration is granted under this Act shall display the same in a conspicuous place in his principal office, place of business or employment. Any person violating the provisions of this section shall be liable on conviction thereof to pay a fine of fifty ($50.00) dollars. § 14. The State Board of Optometry may refuse to grant a certificate of registration to any person guilty of felony, gross immorality or malpractice, or who has an infectious or contagious disease, or is a victim to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit for the practice of optometry; and the said board may, after due notice and hearing, revoke or suspend any certificate for like cause or any certificate procured by misrepresentation or fraud. § 15. Every registered optometrist who desires to continue the practice of optometry shall annually, on such date as the State Board of Optometry may determine, pay to the secretary of the board a renewal registration fee to be fixed by the board, but which shall in no case exceed two dollars per annum, for which he shall receive a renewal of his certificate. In case of neglect to pay the renewal registration fee herein specified for any certificate within the time prescribed by the said board, the board may revoke such certificate and the holder thereof may be reinstated only by complying with the conditions specified in this Act for the registration of unregistered persons. But no certificate or permit shall be revoked without giving sixty days' notice to the delinquent who, within such period, shall have the right of renewal of such certificate on payment of the renewal fee with such penalty, not exceeding twentyfive dollars, as said board may determine: Provided, that retirement from practice for a period not exceeding five years shall not deprive the holder of said certificate of the right to renew his certificate on the payment of all lapsed fees. § 16. Every renewal certificate issued by the State Board of Optometry under this Act shall expire each year on the 31st day of December following the issuance of the same. § 17. It shall be unlawful on and after three months, from the date that this Act takes effect, for any person to practice, or to profess or advertise to practice, optometry, or to test and examine eyes and recommend glasses therefor, unless he shall first have obtained a certificate from the State Board of Optometry as hereinbefore provided. Any person who shall violate any provision of this section shall be liable upon conviction thereof to pay a fine of not less than twenty-five dollars nor more than one hundred dollars for every such offense. § 18. It shall be unlawful for any person, not a registered optometrist, to open or conduct a store, shop, office, or other place of business, where eyes are tested and spectacles or eyeglasses are recommended and sold, unless such person shall employ and place in active and personal charge thereof a registered optometrist. It shall be unlawful for the proprietor of any store, shop, office, or place of business, as aforesaid, to allow any person in his employ to examine and test the eyes of another and to recommend glasses therefor unless such person shall be a registered optometrist. Any person violating any provisions of this section shall be liable upon conviction thereof, to pav a fine of not less than twenty-five dollars nor more than one hundred dollars for every such offense. § 19. Every person registered under this Act shall cause his original certificate or permit to be registered with the county clerk of each and every county in which he shall practice, and the date of registration shall be endorsed thereon. And whenever practicing said profession of optometry outside of, or away from, his principal office or place of business, he shall deliver to each customer or person he shall fit with glasses a bill of purchase bearing the date thereof, which shall contain his signature, home postoffice address and the number of his certificate of registration. The clerk of the county may charge a registration fee not exceeding twenty-five cents for every such certificate. For failure or neglect by the holder to register any certificate as provided in this section, the State Board of Optometry may revoke the same, subject to reinstatement only on payment to the said board of a penalty of not less than twenty-five dollars nor more than one hundred dollars. § 20. All suits for the recovery of the menalties prescribed in this Act shall be prosecuted in the name of the “People of the State of Illinois.” in any court having jurisdiction and it shall be the duty of the State’s attorney of the county where such offense is committed to prosecute all persons violating the provisions of this Act upon proper complaint being made. All penalties collected under the provisions of this
Act shall be paid to the State Board of Optometry and by it turned over to the State Treasurer with the regular monthly report of the said board. APPROVED June 29th, 1915.
STATE FOOD COMMISSIONER.
FRAUD IN SALE OF DAIRY PRODUCTS-ACT OF 1907 AMENDED.
§ 1. Amends section 1,5,6,8,9, 10, 17, 21, 39, 39A, $ 17. Persons receiving milk to wash (39 B,] 40 and 40 A, Act of 1907. CallS. § 1. Provides for appointment of State $ 21. False reading of Babcock Test Food Commissioner and estab- prohibited. lishment of State s department—seal. § 39. Standard of purity and strength —ice cream. § 5. Manufacturing adulterated or mis- branded food misdemeanor. $ 39A. The sale of illegal food prohibited. § 6. Possession of misbranded or adul- [$ 39B.] Eggs—shipment of “breaking terated articles prohibited. stock”—egg breaking establish
ments—license—see. § 8. Defines adulteration. $ 40. Preliminary hearing by the com
§ 9. Misbranded defined. missioner.
(House BILL No. 663. FILED JULY 12, 1915.)
AN ACT to amend sections 1, 5, 6, 8, 9, 10, 17, 21, 39, 39A, [39B, 40 and 40A of an Act entitled, “An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded foods, liquors or dairy products, to provide for the appointment of a State Food Commissioner and his assistants, to define their powers and duties and to repeal all Acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict here with,” approved May 14, 1907, and in force July 1, 1907, as amended by subsequent Acts. SECTION 1. Be it enacted by the Pople of the State of Illinois, represented in the General Assembly: That sections 1, 5, 6, 8, 9, 10, 17, 21, 39, 39A, [39B, 40 and 40A of an Act entitled, “An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded food, liquors or dairy products, to provide for the appointment of a State Food Commissioner and his assistants, to define their powers and duties and to repeal all Acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict herewith,” approved May 14, 1907, in force July 1, 1907, as amended by subsequent Acts, be and the same are hereby amended so as to read as follows: § 1. That the Governor shall appoint a commissioner who shall be known as the State Food Commissioner, who shall be a citizen of the State of Illinois, and who shall hold his office for a term of four years and until his successor is appointed and qualified, and who shall receive a salary of thirty-six hundred dollars per annum, and his necessary expenses incurred by him in the discharge of his official duties, and who shall be charged with the enforcement of all laws that now exist or that