HB2862 EngrossedLRB103 03414 AMQ 48420 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Acupuncture Practice Act is amended by
5adding Section 14 as follows:
 
6    (225 ILCS 2/14 new)
7    Sec. 14. Telemedicine.
8    (a) The General Assembly finds and declares that because
9technological advances and changing practice patterns
10regarding the utilization of health care services are
11occurring with increasing frequency across state lines and
12across increasing geographical distances within the State,
13certain technological advances in the health care industry are
14in the public interest. The General Assembly further finds and
15declares that providing professional health care services is a
16privilege and is necessary for the protection of the public
17health, welfare, and safety, especially in times of a pandemic
18that can limit access to traditional means of accessing health
19care services.
20    (b) A person who engages in the practice of telemedicine
21without a license issued under this Act shall be subject to
22penalties provided in Section 105.
23    (c) For purposes of this Act, "telemedicine" means the

 

 

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1performance of acupuncture, as defined in Section 10, provided
2via technology or telecommunication methods, also known as
3telehealth. The standard of care shall be the same whether a
4patient is seen in person, through telehealth, or another
5method of electronically enabled health care. Further, the
6Department shall, by rule, determine the appropriate
7acupuncture services allowed via telemedicine in consultation
8with the Board.
9    (d) Whenever the Department has reason to believe that a
10person has violated this Section, the Department may issue a
11rule to show cause why an order to cease and desist should not
12be entered against that person. The rule shall clearly set
13forth the grounds relied upon by the Department. Failure to
14answer to the satisfaction of the Department shall cause an
15order to cease and desist to be issued immediately.
16    (e) An out-of-state person providing a service allowed
17under this Section to a patient residing in the State through
18the practice of telemedicine submits himself or herself to the
19jurisdiction of the Department and the courts of this State.
20    (f) A person licensed under this Act shall only be allowed
21to provide services through telemedicine during a public
22health emergency declared by the Governor.
 
23    Section 10. The Telehealth Act is amended by changing
24Section 5 as follows:
 

 

 

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1    (225 ILCS 150/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Asynchronous store and forward system" means the
4transmission of a patient's medical information through an
5electronic communications system at an originating site to a
6health care professional or facility at a distant site that
7does not require real-time or synchronous interaction between
8the health care professional and the patient.
9    "Distant site" means the location at which the health care
10professional rendering the telehealth service is located.
11    "Established patient" means a patient with a relationship
12with a health care professional in which there has been an
13exchange of an individual's protected health information for
14the purpose of providing patient care, treatment, or services.
15    "E-visit" means a patient-initiated non-face-to-face
16communication through an online patient portal between an
17established patient and a health care professional.
18    "Facility" includes a facility that is owned or operated
19by a hospital under the Hospital Licensing Act or University
20of Illinois Hospital Act, a facility under the Nursing Home
21Care Act, a rural health clinic, a federally qualified health
22center, a local health department, a community mental health
23center, a behavioral health clinic as defined in 89 Ill. Adm.
24Code 140.453, an encounter rate clinic, a skilled nursing
25facility, a substance use treatment program licensed by the
26Division of Substance Use Prevention and Recovery of the

 

 

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1Department of Human Services, a school-based health center as
2defined in 77 Ill. Adm. Code 641.10, a physician's office, a
3podiatrist's office, a supportive living program provider, a
4hospice provider, home health agency, or home nursing agency
5under the Home Health, Home Services, and Home Nursing Agency
6Licensing Act, a facility under the ID/DD Community Care Act,
7community-integrated living arrangements as defined in the
8Community-Integrated Living Arrangements Licensure and
9Certification Act, and a provider who receives reimbursement
10for a patient's room and board.
11    "Health care professional" includes, but is not limited
12to, physicians, physician assistants, optometrists, advanced
13practice registered nurses, clinical psychologists licensed in
14Illinois, prescribing psychologists licensed in Illinois,
15dentists, occupational therapists, pharmacists, physical
16therapists, acupuncturists, clinical social workers,
17speech-language pathologists, audiologists, hearing
18instrument dispensers, licensed certified substance use
19disorder treatment providers and clinicians, and mental health
20professionals and clinicians authorized by Illinois law to
21provide mental health services, and qualified providers listed
22under paragraph (8) of subsection (e) of Section 3 of the Early
23Intervention Services System Act, dietitian nutritionists
24licensed in Illinois, and health care professionals associated
25with a facility.
26    "Interactive telecommunications system" means an audio and

 

 

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1video system, an audio-only telephone system (landline or
2cellular), or any other telecommunications system permitting
32-way, synchronous interactive communication between a patient
4at an originating site and a health care professional or
5facility at a distant site. "Interactive telecommunications
6system" does not include a facsimile machine, electronic mail
7messaging, or text messaging.
8    "Originating site" means the location at which the patient
9is located at the time telehealth services are provided to the
10patient via telehealth.
11    "Remote patient monitoring" means the use of connected
12digital technologies or mobile medical devices to collect
13medical and other health data from a patient at one location
14and electronically transmit that data to a health care
15professional or facility at a different location for
16collection and interpretation.
17    "Telehealth services" means the evaluation, diagnosis, or
18interpretation of electronically transmitted patient-specific
19data between a remote location and a licensed health care
20professional that generates interaction or treatment
21recommendations. "Telehealth services" includes telemedicine
22and the delivery of health care services, including mental
23health treatment and substance use disorder treatment and
24services to a patient, regardless of patient location,
25provided by way of an interactive telecommunications system,
26asynchronous store and forward system, remote patient

 

 

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1monitoring technologies, e-visits, or virtual check-ins.
2    "Virtual check-in" means a brief patient-initiated
3communication using a technology-based service, excluding
4facsimile, between an established patient and a health care
5professional. "Virtual check-in" does not include
6communications from a related office visit provided within the
7previous 7 days, nor communications that lead to an office
8visit or procedure within the next 24 hours or soonest
9available appointment.
10(Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
11102-104, eff. 7-22-21.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.