(225 ILCS 60/49.5)
(Section scheduled to be repealed on December 31, 2016)
(a) The General Assembly finds and declares that because of
technological advances and changing practice patterns the practice of medicine
is occurring with increasing frequency across state lines and that certain
technological advances in the practice of medicine are in the public interest.
The General Assembly further finds and declares that the practice of medicine
a privilege and that the licensure by this State of practitioners outside this
State engaging in medical practice within this State and the ability to
discipline those practitioners is necessary for the protection of the public
welfare, and safety.
(b) A person who engages in the practice of telemedicine without
a license issued under this Act shall be subject to penalties
provided in Section 59.
(c) For purposes of this Act, "telemedicine" means the performance of any
of the activities listed in Section 49, including but not limited to rendering
written or oral opinions concerning diagnosis or treatment of a patient in
Illinois by a person located outside the State of Illinois as a result of
transmission of individual patient data by telephonic, electronic, or other
means of communication from within this State. "Telemedicine" does not include
(1) periodic consultations between a person licensed
under this Act and a person outside the State of Illinois;
(2) a second opinion provided to a person licensed
(3) diagnosis or treatment services provided to a
patient in Illinois following care or treatment originally provided to the patient in the state in which the provider is licensed to practice medicine.
(d) Whenever the Department has reason to believe that a person has violated
this Section, the Department may issue a rule to show cause why an order to
cease and desist should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be issued immediately.
(e) An out-of-state person providing a service listed in Section 49 to a
patient residing in
Illinois through the practice of telemedicine submits himself or herself to the
jurisdiction of the courts of this
(Source: P.A. 90-99, eff. 1-1-98