Bill Text: IL SB2284 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Acupuncture Practice Act. 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 provisions concerning unlicensed practice. Provides that for purposes of the Act, telemedicine means the performance of acupuncture provided via technology or telecommunication methods. Provides that the standard of care shall be the same whether a patient is seen in person, through telehealth, or another method of electronically enabled health care. Provides that the Department of Financial and Professional Regulation shall, by rule, determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that whenever the Department has reason to believe that a person has violated the provisions concerning telemedicine, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that an out-of-state person providing a service allowed under the provisions to a patient residing in the State through the practice of telemedicine submits himself or herself to the jurisdiction of the Department and the courts of the State. Amends the Telehealth Act. Changes the definition of "health care professional" to include acupuncturists. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2284 Detail]

Download: Illinois-2023-SB2284-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2284 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
225 ILCS 2/14 new
225 ILCS 150/5
Amends the Acupuncture Practice Act. 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 provisions concerning unlicensed practice. Provides that for purposes of the Act, telemedicine means the performance of acupuncture provided via technology or telecommunication methods. Provides that the standard of care shall be the same whether a patient is seen in person, through telehealth, or another method of electronically enabled health care. Provides that the Department of Financial and Professional Regulation shall, by rule, determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that whenever the Department has reason to believe that a person has violated the provisions concerning telemedicine, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that an out-of-state person providing a service allowed under the provisions to a patient residing in the State through the practice of telemedicine submits himself or herself to the jurisdiction of the Department and the courts of the State. Amends the Telehealth Act. Changes the definition of "health care professional" to include acupuncturists. Effective immediately.
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A BILL FOR
SB2284 LRB103 03413 AMQ 48419 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Acupuncture Practice Act is amended by
adding Section 14 as follows:
(225 ILCS 2/14 new)
Sec. 14. Telemedicine.
(a) The General Assembly finds and declares that because
technological advances and changing practice patterns
regarding the utilization of health care services are
occurring with increasing frequency across state lines and
across increasing geographical distances within the State,
certain technological advances in the health care industry are
in the public interest. The General Assembly further finds and
declares that providing professional health care services is a
privilege and is necessary for the protection of the public
health, welfare, and safety, especially in times of a pandemic
that can limit access to traditional means of accessing health
care services.
(b) A person who engages in the practice of telemedicine
without a license issued under this Act shall be subject to
penalties provided in Section 105.
(c) For purposes of this Act, "telemedicine" means the

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performance of acupuncture, as defined in Section 10, provided
via technology or telecommunication methods, also known as
telehealth. The standard of care shall be the same whether a
patient is seen in person, through telehealth, or another
method of electronically enabled health care. Further, the
Department shall, by rule, determine the appropriate
acupuncture services allowed via telemedicine in consultation
with the Board.
(d) Whenever the Department has reason to believe that a
person has violated this Section, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(e) An out-of-state person providing a service allowed
under this Section to a patient residing in the State through
the practice of telemedicine submits himself or herself to the
jurisdiction of the Department and the courts of this State.
Section 10. The Telehealth Act is amended by changing
Section 5 as follows:
(225 ILCS 150/5)
Sec. 5. Definitions. As used in this Act:
"Asynchronous store and forward system" means the

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transmission of a patient's medical information through an
electronic communications system at an originating site to a
health care professional or facility at a distant site that
does not require real-time or synchronous interaction between
the health care professional and the patient.
"Distant site" means the location at which the health care
professional rendering the telehealth service is located.
"Established patient" means a patient with a relationship
with a health care professional in which there has been an
exchange of an individual's protected health information for
the purpose of providing patient care, treatment, or services.
"E-visit" means a patient-initiated non-face-to-face
communication through an online patient portal between an
established patient and a health care professional.
"Facility" includes a facility that is owned or operated
by a hospital under the Hospital Licensing Act or University
of Illinois Hospital Act, a facility under the Nursing Home
Care Act, a rural health clinic, a federally qualified health
center, a local health department, a community mental health
center, a behavioral health clinic as defined in 89 Ill. Adm.
Code 140.453, an encounter rate clinic, a skilled nursing
facility, a substance use treatment program licensed by the
Division of Substance Use Prevention and Recovery of the
Department of Human Services, a school-based health center as
defined in 77 Ill. Adm. Code 641.10, a physician's office, a
podiatrist's office, a supportive living program provider, a

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hospice provider, home health agency, or home nursing agency
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act, a facility under the ID/DD Community Care Act,
community-integrated living arrangements as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act, and a provider who receives reimbursement
for a patient's room and board.
"Health care professional" includes, but is not limited
to, physicians, physician assistants, optometrists, advanced
practice registered nurses, clinical psychologists licensed in
Illinois, prescribing psychologists licensed in Illinois,
dentists, occupational therapists, pharmacists, physical
therapists, acupuncturists, clinical social workers,
speech-language pathologists, audiologists, hearing
instrument dispensers, licensed certified substance use
disorder treatment providers and clinicians, and mental health
professionals and clinicians authorized by Illinois law to
provide mental health services, and qualified providers listed
under paragraph (8) of subsection (e) of Section 3 of the Early
Intervention Services System Act, dietitian nutritionists
licensed in Illinois, and health care professionals associated
with a facility.
"Interactive telecommunications system" means an audio and
video system, an audio-only telephone system (landline or
cellular), or any other telecommunications system permitting
2-way, synchronous interactive communication between a patient

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at an originating site and a health care professional or
facility at a distant site. "Interactive telecommunications
system" does not include a facsimile machine, electronic mail
messaging, or text messaging.
"Originating site" means the location at which the patient
is located at the time telehealth services are provided to the
patient via telehealth.
"Remote patient monitoring" means the use of connected
digital technologies or mobile medical devices to collect
medical and other health data from a patient at one location
and electronically transmit that data to a health care
professional or facility at a different location for
collection and interpretation.
"Telehealth services" means the evaluation, diagnosis, or
interpretation of electronically transmitted patient-specific
data between a remote location and a licensed health care
professional that generates interaction or treatment
recommendations. "Telehealth services" includes telemedicine
and the delivery of health care services, including mental
health treatment and substance use disorder treatment and
services to a patient, regardless of patient location,
provided by way of an interactive telecommunications system,
asynchronous store and forward system, remote patient
monitoring technologies, e-visits, or virtual check-ins.
"Virtual check-in" means a brief patient-initiated
communication using a technology-based service, excluding

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facsimile, between an established patient and a health care
professional. "Virtual check-in" does not include
communications from a related office visit provided within the
previous 7 days, nor communications that lead to an office
visit or procedure within the next 24 hours or soonest
available appointment.
(Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
102-104, eff. 7-22-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.