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Public Act 100-0317


 

Public Act 0317 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0317
 
SB1811 EnrolledLRB100 09639 SMS 19808 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Telehealth Act.
 
    Section 5. Definitions. As used in this Act:
    "Health care professional" includes physicians, physician
assistants, optometrists, advanced practice nurses, clinical
psychologists licensed in Illinois, and mental health
professionals and clinicians authorized by Illinois law to
provide mental health services.
    "Telehealth" means the evaluation, diagnosis, or
interpretation of electronically transmitted patient-specific
data between a remote location and a licensed health care
professional that generates interaction or treatment
recommendations. "Telehealth" includes telemedicine and the
delivery of health care services provided by way of an
interactive telecommunications system, as defined in
subsection (a) of Section 356z.22 of the Illinois Insurance
Code.
 
    Section 10. Practice authority. A health care professional
treating a patient located in this State through telehealth
must be licensed or authorized to practice in Illinois.
 
    Section 15. Use of telehealth. A health care professional
may engage in the practice of telehealth in Illinois to the
extent of his or her scope of practice as established in his or
her respective licensing Act consistent with the standards of
care for in-person services. This Act shall not be construed to
alter the scope of practice of any health care professional or
authorize the delivery of health care services in a setting or
in a manner not otherwise authorized by the laws of this State.
 
    Section 90. The Medical Practice Act of 1987 is amended by
changing Section 49.5 as follows:
 
    (225 ILCS 60/49.5)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 49.5. Telemedicine.
    (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 across increasing geographical
distances within the State of Illinois 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 is 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 health, 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 in a different location than the patient
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 the following:
        (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
    under this Act; and
        (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; and .
        (4) health care services provided to an existing
    patient while the person licensed under this Act or patient
    is traveling.
    (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 State.
(Source: P.A. 90-99, eff. 1-1-98.)

Effective Date: 1/1/2018