Bill Text: IL SB1811 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Amends the Medical Practice Act of 1987. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1811 Detail]

Download: Illinois-2017-SB1811-Enrolled.html

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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 1. Short title. This Act may be cited as the
5Telehealth Act.
6 Section 5. Definitions. As used in this Act:
7 "Health care professional" includes physicians, physician
8assistants, optometrists, advanced practice nurses, clinical
9psychologists licensed in Illinois, and mental health
10professionals and clinicians authorized by Illinois law to
11provide mental health services.
12 "Telehealth" means the evaluation, diagnosis, or
13interpretation of electronically transmitted patient-specific
14data between a remote location and a licensed health care
15professional that generates interaction or treatment
16recommendations. "Telehealth" includes telemedicine and the
17delivery of health care services provided by way of an
18interactive telecommunications system, as defined in
19subsection (a) of Section 356z.22 of the Illinois Insurance
21 Section 10. Practice authority. A health care professional
22treating a patient located in this State through telehealth

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1must be licensed or authorized to practice in Illinois.
2 Section 15. Use of telehealth. A health care professional
3may engage in the practice of telehealth in Illinois to the
4extent of his or her scope of practice as established in his or
5her respective licensing Act consistent with the standards of
6care for in-person services. This Act shall not be construed to
7alter the scope of practice of any health care professional or
8authorize the delivery of health care services in a setting or
9in a manner not otherwise authorized by the laws of this State.
10 Section 90. The Medical Practice Act of 1987 is amended by
11changing Section 49.5 as follows:
12 (225 ILCS 60/49.5)
13 (Section scheduled to be repealed on December 31, 2017)
14 Sec. 49.5. Telemedicine.
15 (a) The General Assembly finds and declares that because of
16technological advances and changing practice patterns the
17practice of medicine is occurring with increasing frequency
18across state lines and across increasing geographical
19distances within the State of Illinois and that certain
20technological advances in the practice of medicine are in the
21public interest. The General Assembly further finds and
22declares that the practice of medicine is a privilege and that
23the licensure by this State of practitioners outside this State

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1engaging in medical practice within this State and the ability
2to discipline those practitioners is necessary for the
3protection of the public health, welfare, and safety.
4 (b) A person who engages in the practice of telemedicine
5without a license issued under this Act shall be subject to
6penalties provided in Section 59.
7 (c) For purposes of this Act, "telemedicine" means the
8performance of any of the activities listed in Section 49,
9including, but not limited to, rendering written or oral
10opinions concerning diagnosis or treatment of a patient in
11Illinois by a person in a different location than the patient
12located outside the State of Illinois as a result of
13transmission of individual patient data by telephonic,
14electronic, or other means of communication from within this
15State. "Telemedicine" does not include the following:
16 (1) periodic consultations between a person licensed
17 under this Act and a person outside the State of Illinois;
18 (2) a second opinion provided to a person licensed
19 under this Act; and
20 (3) diagnosis or treatment services provided to a
21 patient in Illinois following care or treatment originally
22 provided to the patient in the state in which the provider
23 is licensed to practice medicine; and .
24 (4) health care services provided to an existing
25 patient while the person licensed under this Act or patient
26 is traveling.

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1 (d) Whenever the Department has reason to believe that a
2person has violated this Section, the Department may issue a
3rule to show cause why an order to cease and desist should not
4be entered against that person. The rule shall clearly set
5forth the grounds relied upon by the Department and shall
6provide a period of 7 days from the date of the rule to file an
7answer to the satisfaction of the Department. Failure to answer
8to the satisfaction of the Department shall cause an order to
9cease and desist to be issued immediately.
10 (e) An out-of-state person providing a service listed in
11Section 49 to a patient residing in Illinois through the
12practice of telemedicine submits himself or herself to the
13jurisdiction of the courts of this State.
14(Source: P.A. 90-99, eff. 1-1-98.)