Sen. Pamela J. Althoff

Filed: 3/17/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1811

2    AMENDMENT NO. ______. Amend Senate Bill 1811 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 49.5 as follows:
 
6    (225 ILCS 60/49.5)
7    (Section scheduled to be repealed on December 31, 2017)
8    Sec. 49.5. Telemedicine.
9    (a) The General Assembly finds and declares that because of
10technological advances and changing practice patterns the
11practice of medicine is occurring with increasing frequency
12across state lines and that certain technological advances in
13the practice of medicine are in the public interest. The
14General Assembly further finds and declares that the practice
15of medicine is a privilege and that the licensure by this State
16of practitioners outside this State engaging in medical

 

 

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1practice within this State and the ability to discipline those
2practitioners is necessary for the protection of the public
3health, welfare, and safety.
4    (b) A person who engages in the practice of telemedicine
5without a license issued under this Act shall be subject to
6penalties provided in Section 59.
7    (b-2) All of the following shall apply to any physician
8practicing telemedicine:
9        (1) The physician practicing telemedicine shall use
10    the same standard of care as if the healthcare services
11    were provided in person.
12        (2) The physician practicing telemedicine shall not be
13    required to conduct an in-person patient history or
14    physical examination of the patient before engaging in a
15    telemedicine encounter if the physician satisfies all of
16    the following conditions:
17            (A) holds an unrestricted license to practice
18        medicine issued under this Act;
19            (B) has access to the patient's medical records
20        upon consent of the patient;
21            (C) creates a medical record on each patient and
22        makes the record available to the Department upon
23        request; and
24            (D) if necessary, provides a referral to a
25        physician in this State or arranges follow-up care in
26        this State as may be indicated.

 

 

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1    (b-4) Except as authorized by rule adopted by the
2Department, no physician practicing telemedicine under this
3Section shall prescribe any controlled substance prior to
4conducting an appropriate in-person patient history or
5physical examination of the patient as determined by the
6Department.
7    (b-6) A patient receiving telemedicine services may be in
8any location at the time that telemedicine services are
9rendered. A physician practicing telemedicine services may be
10in any location when providing telemedicine services to a
11patient. A physician practicing telemedicine may utilize
12interactive audio without the requirement of video if, after
13access and review of the patient's medical records, the
14physician determines that he or she is able to meet the same
15standard of care as if the healthcare services were provided in
16person.
17    (b-8) A physician practicing telemedicine shall document
18the telemedicine services rendered in the patient's medical
19records according to the same standard as that required for
20nontelemedicine services. Medical records including, but not
21limited to, video, audio, electronic, or other records
22generated as a result of providing telemedicine services shall
23be considered as confidential and shall be subject to all
24applicable State and federal laws, rules, and regulations
25relative to the privacy of health information.
26    (c) For purposes of this Act, "telemedicine" means the

 

 

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1performance of any of the activities listed in Section 49,
2including but not limited to rendering written or oral opinions
3concerning diagnosis or treatment of a patient in Illinois by a
4person located outside the State of Illinois as a result of
5transmission of individual patient data by telephonic,
6electronic, or other means of communication from within this
7State. "Telemedicine" does not include the following:
8        (1) periodic consultations between a person licensed
9    under this Act and a person outside the State of Illinois;
10        (2) a second opinion provided to a person licensed
11    under this Act; and
12        (3) diagnosis or treatment services provided to a
13    patient in Illinois following care or treatment originally
14    provided to the patient in the state in which the provider
15    is licensed to practice medicine.
16    (d) Whenever the Department has reason to believe that a
17person has violated this Section, the Department may issue a
18rule to show cause why an order to cease and desist should not
19be entered against that person. The rule shall clearly set
20forth the grounds relied upon by the Department and shall
21provide a period of 7 days from the date of the rule to file an
22answer to the satisfaction of the Department. Failure to answer
23to the satisfaction of the Department shall cause an order to
24cease and desist to be issued immediately.
25    (e) An out-of-state person providing a service listed in
26Section 49 to a patient residing in Illinois through the

 

 

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1practice of telemedicine submits himself or herself to the
2jurisdiction of the courts of this State.
3(Source: P.A. 90-99, eff. 1-1-98.)
 
4    Section 96. No revival or extension. This Act does not
5revive or extend any Section or Act otherwise repealed.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".