Bill Text: IL HB3343 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3343 Detail]

Download: Illinois-2025-HB3343-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3343

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:
225 ILCS 150/5
225 ILCS 2/14 new

    Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State.
LRB104 09578 AAS 19641 b

A BILL FOR

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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 Telehealth Act is amended by changing
5Section 5 as follows:
6    (225 ILCS 150/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Asynchronous store and forward system" means the
9transmission of a patient's medical information through an
10electronic communications system at an originating site to a
11health care professional or facility at a distant site that
12does not require real-time or synchronous interaction between
13the health care professional and the patient.
14    "Distant site" means the location at which the health care
15professional rendering the telehealth service is located.
16    "Established patient" means a patient with a relationship
17with a health care professional in which there has been an
18exchange of an individual's protected health information for
19the purpose of providing patient care, treatment, or services.
20    "E-visit" means a patient-initiated non-face-to-face
21communication through an online patient portal between an
22established patient and a health care professional.
23    "Facility" includes a facility that is owned or operated

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1by a hospital under the Hospital Licensing Act or University
2of Illinois Hospital Act, a facility under the Nursing Home
3Care Act, a rural health clinic, a federally qualified health
4center, a local health department, a community mental health
5center, a behavioral health clinic as defined in 89 Ill. Adm.
6Code 140.453, an encounter rate clinic, a skilled nursing
7facility, a substance use treatment program licensed by the
8Division of Substance Use Prevention and Recovery of the
9Department of Human Services, a school-based health center as
10defined in 77 Ill. Adm. Code 641.10, a physician's office, a
11podiatrist's office, a supportive living program provider, a
12hospice provider, home health agency, or home nursing agency
13under the Home Health, Home Services, and Home Nursing Agency
14Licensing Act, a facility under the ID/DD Community Care Act,
15community-integrated living arrangements as defined in the
16Community-Integrated Living Arrangements Licensure and
17Certification Act, and a provider who receives reimbursement
18for a patient's room and board.
19    "Health care professional" includes, but is not limited
20to, physicians, physician assistants, optometrists, advanced
21practice registered nurses, clinical psychologists licensed in
22Illinois, prescribing psychologists licensed in Illinois,
23dentists, occupational therapists, pharmacists, physical
24therapists, acupuncturists, clinical social workers,
25speech-language pathologists, audiologists, hearing
26instrument dispensers, licensed certified substance use

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1disorder treatment providers and clinicians, and mental health
2professionals and clinicians authorized by Illinois law to
3provide mental health services, and qualified providers listed
4under paragraph (8) of subsection (e) of Section 3 of the Early
5Intervention Services System Act, dietitian nutritionists
6licensed in Illinois, and health care professionals associated
7with a facility.
8    "Interactive telecommunications system" means an audio and
9video system, an audio-only telephone system (landline or
10cellular), or any other telecommunications system permitting
112-way, synchronous interactive communication between a patient
12at an originating site and a health care professional or
13facility at a distant site. "Interactive telecommunications
14system" does not include a facsimile machine, electronic mail
15messaging, or text messaging.
16    "Originating site" means the location at which the patient
17is located at the time telehealth services are provided to the
18patient via telehealth.
19    "Remote patient monitoring" means the use of connected
20digital technologies or mobile medical devices to collect
21medical and other health data from a patient at one location
22and electronically transmit that data to a health care
23professional or facility at a different location for
24collection and interpretation.
25    "Telehealth services" means the evaluation, diagnosis, or
26interpretation of electronically transmitted patient-specific

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1data between a remote location and a licensed health care
2professional that generates interaction or treatment
3recommendations. "Telehealth services" includes telemedicine
4and the delivery of health care services, including mental
5health treatment and substance use disorder treatment and
6services to a patient, regardless of patient location,
7provided by way of an interactive telecommunications system,
8asynchronous store and forward system, remote patient
9monitoring technologies, e-visits, or virtual check-ins.
10    "Virtual check-in" means a brief patient-initiated
11communication using a technology-based service, excluding
12facsimile, between an established patient and a health care
13professional. "Virtual check-in" does not include
14communications from a related office visit provided within the
15previous 7 days, nor communications that lead to an office
16visit or procedure within the next 24 hours or soonest
17available appointment.
18(Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
19102-104, eff. 7-22-21.)
20    Section 10. The Acupuncture Practice Act is amended by
21adding Section 14 as follows:
22    (225 ILCS 2/14 new)
23    Sec. 14. Telemedicine.
24    (a) The General Assembly finds that, because technological

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1advances and changing practice patterns regarding the use of
2health care services are occurring with increasing frequency
3across state lines and across increasing geographical
4distances within this State, certain technological advances in
5the health care industry are in the public interest. Providing
6professional health care services is a privilege and is
7necessary for the protection of the public health, welfare,
8and safety, especially when a pandemic can limit access to
9traditional means of accessing healthcare services.
10    (b) For purposes of this Act, "telemedicine" means the
11performance of acupuncture limited to modalities and
12consultations that do not involve the insertion of needles and
13that are provided via technology or telecommunication methods.
14    (c) The standard of care for a patient under this Act shall
15be the same whether a patient is seen in person, through
16telemedicine, or through another method of
17electronically-enabled health care. The Department shall, by
18rule, determine the appropriate acupuncture services allowed
19via telemedicine in consultation with the Board.
20    (d) A person who engages in the practice of telemedicine
21without a license issued under this Act shall be subject to the
22penalties provided in Section 105.
23    (e) If the Department has reason to believe that a person
24has violated this Section, the Department may issue a rule to
25show cause stating the reasons why an order to cease and desist
26should not be entered against the person. The rule shall

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1clearly set forth the grounds relied upon by the Department
2and shall provide the person with a period of 7 days after the
3date of the rule to file an answer to the satisfaction of the
4Department. Failure to answer to the satisfaction of the
5Department shall cause an order to cease and desist to be
6issued immediately.
7    (f) A person residing out of state that provides services
8through telemedicine to a patient residing in this State
9submits himself or herself to the jurisdiction of the
10Department and the courts of this State.
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