SB2259 104TH GENERAL ASSEMBLY

LRB104 09338 AAS 19396 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2259

Introduced 2/7/2025, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

225 ILCS 60/67 new

Amends the Medical Practice Act of 1987. Defines terms. Provides that a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications meet certain criteria. Provides that a communication that is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider is not subject to the amendatory provisions. Provides that a violation of the amendatory provisions by a licensed health facility or a licensed clinic is subject to penalties as implemented by the Department of Financial and Professional Regulation by rule. Provides that a violation of the amendatory provisions by a physician is subject to penalties as determined by the Illinois State Medical Board.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Practice Act of 1987 is amended by adding Section 67 as follows:

(225 ILCS 60/67 new)

Sec. 67. Use of generative artificial intelligence.

(a) As used in this Section:

"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.

"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.

"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following:

(1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers;

(2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images;

(3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and

(4) other content that would be otherwise produced by human means.

"Health care provider" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services.

"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.

"Office of a group practice" means an office or offices in which 2 or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation.

"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.

"Physician's office" means an office of a physician in solo practice.

(b) A health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications include both of the following:

(1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence and that is provided in the following manner:

(A) for written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication;

(B) for written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction;

(C) for audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction; or

(D) for video communications, the disclaimer shall be prominently displayed throughout the interaction.

(2) Clear instructions describing how a patient may contact a human health care provider, employee of the health facility, clinic, physician's office, or office of a group provider, or other appropriate person.

(c) If a communication is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider, the requirements of subdivision (b) do not apply.

(d) A violation of this Section by a licensed health facility or a licensed clinic is subject to penalties as implemented by the Department by rule.

(e) A violation of this Section by a physician is subject to penalties as determined by the Medical Board.