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


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: (Engrossed) 2017-05-26 - House Committee Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities and Pensions [SB1811 Detail]

Download: Illinois-2017-SB1811-Engrossed.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, and
9clinical psychologists licensed in Illinois.
10 "Telehealth" means the evaluation, diagnosis, or
11interpretation of electronically transmitted patient-specific
12data between a remote location and a licensed health care
13professional that generates interaction or treatment
14recommendations. "Telehealth" includes telemedicine.
15 Section 10. Licensure. A health care professional treating
16a patient located in this State through telehealth must be
17licensed in Illinois.
18 Section 15. Use of telehealth. A health care professional
19may engage in the practice of telehealth in Illinois to the
20extent of his or her scope of practice as established in his or
21her respective licensing Act consistent with the standards of

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1care for in-person services. This Act shall not be construed to
2alter the scope of practice of any health care professional or
3authorize the delivery of health care services in a setting or
4in a manner not otherwise authorized by the laws of this State.
5 Section 90. The Medical Practice Act of 1987 is amended by
6changing Section 49.5 as follows:
7 (225 ILCS 60/49.5)
8 (Section scheduled to be repealed on December 31, 2017)
9 Sec. 49.5. Telemedicine.
10 (a) The General Assembly finds and declares that because of
11technological advances and changing practice patterns the
12practice of medicine is occurring with increasing frequency
13across state lines and across increasing geographical
14distances within the State of Illinois and that certain
15technological advances in the practice of medicine are in the
16public interest. The General Assembly further finds and
17declares that the practice of medicine is a privilege and that
18the licensure by this State of practitioners outside this State
19engaging in medical practice within this State and the ability
20to discipline those practitioners is necessary for the
21protection of the public health, welfare, and safety.
22 (b) A person who engages in the practice of telemedicine
23without a license issued under this Act shall be subject to
24penalties provided in Section 59.

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1 (c) For purposes of this Act, "telemedicine" means the
2performance of any of the activities listed in Section 49,
3including, but not limited to, rendering written or oral
4opinions concerning diagnosis or treatment of a patient in
5Illinois by a person in a different location than the patient
6located outside the State of Illinois as a result of
7transmission of individual patient data by telephonic,
8electronic, or other means of communication from within this
9State. "Telemedicine" does not include the following:
10 (1) periodic consultations between a person licensed
11 under this Act and a person outside the State of Illinois;
12 (2) a second opinion provided to a person licensed
13 under this Act; and
14 (3) diagnosis or treatment services provided to a
15 patient in Illinois following care or treatment originally
16 provided to the patient in the state in which the provider
17 is licensed to practice medicine; and .
18 (4) health care services provided to an existing
19 patient while the person licensed under this Act or patient
20 is traveling.
21 (d) Whenever the Department has reason to believe that a
22person has violated this Section, the Department may issue a
23rule to show cause why an order to cease and desist should not
24be entered against that person. The rule shall clearly set
25forth the grounds relied upon by the Department and shall
26provide a period of 7 days from the date of the rule to file an

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1answer to the satisfaction of the Department. Failure to answer
2to the satisfaction of the Department shall cause an order to
3cease and desist to be issued immediately.
4 (e) An out-of-state person providing a service listed in
5Section 49 to a patient residing in Illinois through the
6practice of telemedicine submits himself or herself to the
7jurisdiction of the courts of this State.
8(Source: P.A. 90-99, eff. 1-1-98.)
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