Bill Text: IL SB1811 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0317 [SB1811 Detail]
Download: Illinois-2017-SB1811-Enrolled.html
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: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0317 [SB1811 Detail]
Download: Illinois-2017-SB1811-Enrolled.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 1. Short title. This Act may be cited as the | ||||||
5 | Telehealth Act.
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6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Health care professional" includes physicians, physician | ||||||
8 | assistants, optometrists, advanced practice nurses, clinical | ||||||
9 | psychologists licensed in Illinois, and mental health | ||||||
10 | professionals and clinicians authorized by Illinois law to | ||||||
11 | provide mental health services.
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12 | "Telehealth" means the evaluation, diagnosis, or | ||||||
13 | interpretation of electronically transmitted patient-specific | ||||||
14 | data between a remote location and a licensed health care | ||||||
15 | professional that generates interaction or treatment | ||||||
16 | recommendations. "Telehealth" includes telemedicine and the | ||||||
17 | delivery of health care services provided by way of an | ||||||
18 | interactive telecommunications system, as defined in | ||||||
19 | subsection (a) of Section 356z.22 of the Illinois Insurance | ||||||
20 | Code.
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21 | Section 10. Practice authority. A health care professional | ||||||
22 | treating a patient located in this State through telehealth |
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1 | must be licensed or authorized to practice in Illinois.
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2 | Section 15. Use of telehealth. A health care professional | ||||||
3 | may engage in the practice of telehealth in Illinois to the | ||||||
4 | extent of his or her scope of practice as established in his or | ||||||
5 | her respective licensing Act consistent with the standards of | ||||||
6 | care for in-person services. This Act shall not be construed to | ||||||
7 | alter the scope of practice of any health care professional or | ||||||
8 | authorize the delivery of health care services in a setting or | ||||||
9 | in a manner not otherwise authorized by the laws of this State.
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10 | Section 90. The Medical Practice Act of 1987 is amended by | ||||||
11 | changing Section 49.5 as follows:
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12 | (225 ILCS 60/49.5)
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13 | (Section scheduled to be repealed on December 31, 2017)
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14 | Sec. 49.5. Telemedicine.
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15 | (a) The General Assembly finds and declares that because of
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16 | technological advances and changing practice patterns the | ||||||
17 | practice of medicine
is occurring with increasing frequency | ||||||
18 | across state lines and across increasing geographical | ||||||
19 | distances within the State of Illinois and that certain
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20 | technological advances in the practice of medicine are in the | ||||||
21 | public interest.
The General Assembly further finds and | ||||||
22 | declares that the practice of medicine
is
a privilege and that | ||||||
23 | the licensure by this State of practitioners outside this
State |
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1 | engaging in medical practice within this State and the ability | ||||||
2 | to
discipline those practitioners is necessary for the | ||||||
3 | protection of the public
health,
welfare, and safety.
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4 | (b) A person who engages in the practice of telemedicine | ||||||
5 | without
a license issued under this Act shall be subject to | ||||||
6 | penalties
provided in Section 59.
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7 | (c) For purposes of this Act, "telemedicine" means the | ||||||
8 | performance of any
of the activities listed in Section 49, | ||||||
9 | including , but not limited to , rendering
written or oral | ||||||
10 | opinions concerning diagnosis or treatment of a patient in
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11 | Illinois by a person in a different location than the patient | ||||||
12 | located outside the State of Illinois as a result of
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13 | transmission of individual patient data by telephonic, | ||||||
14 | electronic, or other
means of communication from within this | ||||||
15 | State . "Telemedicine" does not include
the following:
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16 | (1) periodic consultations between a person licensed | ||||||
17 | under this Act and a
person outside the State of Illinois;
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18 | (2) a second opinion provided to a person licensed | ||||||
19 | under this Act; and
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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 .
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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 | ||||||
2 | person has violated
this Section, the Department may issue a | ||||||
3 | rule to show cause why an order to
cease and desist should not | ||||||
4 | be entered against that person. The rule shall
clearly set | ||||||
5 | forth the grounds relied upon by the Department and shall | ||||||
6 | provide a
period of 7 days from the date of the rule to file an | ||||||
7 | answer to the
satisfaction of the Department. Failure to answer | ||||||
8 | to the satisfaction of the
Department shall cause an order to | ||||||
9 | cease and desist to be issued immediately.
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10 | (e) An out-of-state person providing a service listed in | ||||||
11 | Section 49 to a
patient residing in
Illinois through the | ||||||
12 | practice of telemedicine submits himself or herself to the
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13 | jurisdiction of the courts of this
State.
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14 | (Source: P.A. 90-99, eff. 1-1-98 .)
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