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
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Telehealth Act is amended by changing | |||||||||||||||||||||
5 | Section 5 as follows:
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6 | (225 ILCS 150/5) | |||||||||||||||||||||
7 | Sec. 5. Definitions. As used in this Act: | |||||||||||||||||||||
8 | "Asynchronous store and forward system" means the | |||||||||||||||||||||
9 | transmission of a patient's medical information through an | |||||||||||||||||||||
10 | electronic communications system at an originating site to a | |||||||||||||||||||||
11 | health care professional or facility at a distant site that | |||||||||||||||||||||
12 | does not require real-time or synchronous interaction between | |||||||||||||||||||||
13 | the health care professional and the patient. | |||||||||||||||||||||
14 | "Distant site" means the location at which the health care | |||||||||||||||||||||
15 | professional rendering the telehealth service is located. | |||||||||||||||||||||
16 | "Established patient" means a patient with a relationship | |||||||||||||||||||||
17 | with a health care professional in which there has been an | |||||||||||||||||||||
18 | exchange of an individual's protected health information for | |||||||||||||||||||||
19 | the purpose of providing patient care, treatment, or services. | |||||||||||||||||||||
20 | "E-visit" means a patient-initiated non-face-to-face | |||||||||||||||||||||
21 | communication through an online patient portal between an | |||||||||||||||||||||
22 | established patient and a health care professional. | |||||||||||||||||||||
23 | "Facility" includes a facility that is owned or operated |
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1 | by a hospital under the Hospital Licensing Act or University | ||||||
2 | of Illinois Hospital Act, a facility under the Nursing Home | ||||||
3 | Care Act, a rural health clinic, a federally qualified health | ||||||
4 | center, a local health department, a community mental health | ||||||
5 | center, a behavioral health clinic as defined in 89 Ill. Adm. | ||||||
6 | Code 140.453, an encounter rate clinic, a skilled nursing | ||||||
7 | facility, a substance use treatment program licensed by the | ||||||
8 | Division of Substance Use Prevention and Recovery of the | ||||||
9 | Department of Human Services, a school-based health center as | ||||||
10 | defined in 77 Ill. Adm. Code 641.10, a physician's office, a | ||||||
11 | podiatrist's office, a supportive living program provider, a | ||||||
12 | hospice provider, home health agency, or home nursing agency | ||||||
13 | under the Home Health, Home Services, and Home Nursing Agency | ||||||
14 | Licensing Act, a facility under the ID/DD Community Care Act, | ||||||
15 | community-integrated living arrangements as defined in the | ||||||
16 | Community-Integrated Living Arrangements Licensure and | ||||||
17 | Certification Act, and a provider who receives reimbursement | ||||||
18 | for a patient's room and board. | ||||||
19 | "Health care professional" includes, but is not limited | ||||||
20 | to, physicians, physician assistants, optometrists, advanced | ||||||
21 | practice registered nurses, clinical psychologists licensed in | ||||||
22 | Illinois, prescribing psychologists licensed in Illinois, | ||||||
23 | dentists, occupational therapists, pharmacists, physical | ||||||
24 | therapists, acupuncturists, clinical social workers, | ||||||
25 | speech-language pathologists, audiologists, hearing | ||||||
26 | instrument dispensers, licensed certified substance use |
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1 | disorder treatment providers and clinicians, and mental health | ||||||
2 | professionals and clinicians authorized by Illinois law to | ||||||
3 | provide mental health services, and qualified providers listed | ||||||
4 | under paragraph (8) of subsection (e) of Section 3 of the Early | ||||||
5 | Intervention Services System Act, dietitian nutritionists | ||||||
6 | licensed in Illinois, and health care professionals associated | ||||||
7 | with a facility. | ||||||
8 | "Interactive telecommunications system" means an audio and | ||||||
9 | video system, an audio-only telephone system (landline or | ||||||
10 | cellular), or any other telecommunications system permitting | ||||||
11 | 2-way, synchronous interactive communication between a patient | ||||||
12 | at an originating site and a health care professional or | ||||||
13 | facility at a distant site. "Interactive telecommunications | ||||||
14 | system" does not include a facsimile machine, electronic mail | ||||||
15 | messaging, or text messaging. | ||||||
16 | "Originating site" means the location at which the patient | ||||||
17 | is located at the time telehealth services are provided to the | ||||||
18 | patient via telehealth. | ||||||
19 | "Remote patient monitoring" means the use of connected | ||||||
20 | digital technologies or mobile medical devices to collect | ||||||
21 | medical and other health data from a patient at one location | ||||||
22 | and electronically transmit that data to a health care | ||||||
23 | professional or facility at a different location for | ||||||
24 | collection and interpretation. | ||||||
25 | "Telehealth services" means the evaluation, diagnosis, or | ||||||
26 | interpretation of electronically transmitted patient-specific |
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1 | data between a remote location and a licensed health care | ||||||
2 | professional that generates interaction or treatment | ||||||
3 | recommendations. "Telehealth services" includes telemedicine | ||||||
4 | and the delivery of health care services, including mental | ||||||
5 | health treatment and substance use disorder treatment and | ||||||
6 | services to a patient, regardless of patient location, | ||||||
7 | provided by way of an interactive telecommunications system, | ||||||
8 | asynchronous store and forward system, remote patient | ||||||
9 | monitoring technologies, e-visits, or virtual check-ins. | ||||||
10 | "Virtual check-in" means a brief patient-initiated | ||||||
11 | communication using a technology-based service, excluding | ||||||
12 | facsimile, between an established patient and a health care | ||||||
13 | professional. "Virtual check-in" does not include | ||||||
14 | communications from a related office visit provided within the | ||||||
15 | previous 7 days, nor communications that lead to an office | ||||||
16 | visit or procedure within the next 24 hours or soonest | ||||||
17 | available appointment. | ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19; | ||||||
19 | 102-104, eff. 7-22-21.)
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20 | Section 10. The Acupuncture Practice Act is amended by | ||||||
21 | adding Section 14 as follows:
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22 | (225 ILCS 2/14 new) | ||||||
23 | Sec. 14. Telemedicine. | ||||||
24 | (a) The General Assembly finds that, because technological |
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1 | advances and changing practice patterns regarding the use of | ||||||
2 | health care services are occurring with increasing frequency | ||||||
3 | across state lines and across increasing geographical | ||||||
4 | distances within this State, certain technological advances in | ||||||
5 | the health care industry are in the public interest. Providing | ||||||
6 | professional health care services is a privilege and is | ||||||
7 | necessary for the protection of the public health, welfare, | ||||||
8 | and safety, especially when a pandemic can limit access to | ||||||
9 | traditional means of accessing healthcare services. | ||||||
10 | (b) For purposes of this Act, "telemedicine" means the | ||||||
11 | performance of acupuncture limited to modalities and | ||||||
12 | consultations that do not involve the insertion of needles and | ||||||
13 | that are provided via technology or telecommunication methods. | ||||||
14 | (c) The standard of care for a patient under this Act shall | ||||||
15 | be the same whether a patient is seen in person, through | ||||||
16 | telemedicine, or through another method of | ||||||
17 | electronically-enabled health care. The Department shall, by | ||||||
18 | rule, determine the appropriate acupuncture services allowed | ||||||
19 | via telemedicine in consultation with the Board. | ||||||
20 | (d) A person who engages in the practice of telemedicine | ||||||
21 | without a license issued under this Act shall be subject to the | ||||||
22 | penalties provided in Section 105. | ||||||
23 | (e) If the Department has reason to believe that a person | ||||||
24 | has violated this Section, the Department may issue a rule to | ||||||
25 | show cause stating the reasons why an order to cease and desist | ||||||
26 | should not be entered against the person. The rule shall |
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1 | clearly set forth the grounds relied upon by the Department | ||||||
2 | and shall provide the person with a period of 7 days after the | ||||||
3 | date of the rule to file an answer to the satisfaction of the | ||||||
4 | Department. Failure to answer to the satisfaction of the | ||||||
5 | Department shall cause an order to cease and desist to be | ||||||
6 | issued immediately. | ||||||
7 | (f) A person residing out of state that provides services | ||||||
8 | through telemedicine to a patient residing in this State | ||||||
9 | submits himself or herself to the jurisdiction of the | ||||||
10 | Department and the courts of this State. |