Illinois General Assembly - Full Text of SB1811
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Full Text of SB1811  100th General Assembly

SB1811sam002 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 4/25/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1811

2    AMENDMENT NO. ______. Amend Senate Bill 1811 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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14    (Section scheduled to be repealed on December 31, 2017)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

 

 

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

 

 

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