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1 | | practice within this State and the ability to
discipline those |
2 | | practitioners is necessary for the protection of the public
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3 | | 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 | | (b-2) All of the following shall apply to any physician |
8 | | practicing telemedicine: |
9 | | (1) The physician practicing telemedicine shall use |
10 | | the same standard of care as if the healthcare services |
11 | | were provided in person. |
12 | | (2) The physician practicing telemedicine shall not be |
13 | | required to conduct an in-person patient history or |
14 | | physical examination of the patient before engaging in a |
15 | | telemedicine encounter if the physician satisfies all of |
16 | | the following conditions: |
17 | | (A) holds an unrestricted license to practice |
18 | | medicine issued under this Act; |
19 | | (B) has access to the patient's medical records |
20 | | upon consent of the patient; |
21 | | (C) creates a medical record on each patient and |
22 | | makes the record available to the Department upon |
23 | | request; and |
24 | | (D) if necessary, provides a referral to a |
25 | | physician in this State or arranges follow-up care in |
26 | | this State as may be indicated. |
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1 | | (b-4) Except as authorized by rule adopted by the |
2 | | Department, no physician practicing telemedicine under this |
3 | | Section shall prescribe any controlled substance prior to |
4 | | conducting an appropriate in-person patient history or |
5 | | physical examination of the patient as determined by the |
6 | | Department. |
7 | | (b-6) A patient receiving telemedicine services may be in |
8 | | any location at the time that telemedicine services are |
9 | | rendered. A physician practicing telemedicine services may be |
10 | | in any location when providing telemedicine services to a |
11 | | patient. A physician practicing telemedicine may utilize |
12 | | interactive audio without the requirement of video if, after |
13 | | access and review of the patient's medical records, the |
14 | | physician determines that he or she is able to meet the same |
15 | | standard of care as if the healthcare services were provided in |
16 | | person. |
17 | | (b-8) A physician practicing telemedicine shall document |
18 | | the telemedicine services rendered in the patient's medical |
19 | | records according to the same standard as that required for |
20 | | nontelemedicine services. Medical records including, but not |
21 | | limited to, video, audio, electronic, or other records |
22 | | generated as a result of providing telemedicine services shall |
23 | | be considered as confidential and shall be subject to all |
24 | | applicable State and federal laws, rules, and regulations |
25 | | relative to the privacy of health information. |
26 | | (c) For purposes of this Act, "telemedicine" means the |
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1 | | performance of any
of the activities listed in Section 49, |
2 | | including but not limited to rendering
written or oral opinions |
3 | | concerning diagnosis or treatment of a patient in
Illinois by a |
4 | | person located outside the State of Illinois as a result of
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5 | | transmission of individual patient data by telephonic, |
6 | | electronic, or other
means of communication from within this |
7 | | State. "Telemedicine" does not include
the following:
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8 | | (1) periodic consultations between a person licensed |
9 | | under this Act and a
person outside the State of Illinois;
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10 | | (2) a second opinion provided to a person licensed |
11 | | under this Act; and
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12 | | (3) diagnosis or treatment services provided to a |
13 | | patient in Illinois
following
care or treatment originally |
14 | | provided to the patient in the state in which the
provider |
15 | | is licensed to practice medicine.
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16 | | (d) Whenever the Department has reason to believe that a |
17 | | person has violated
this Section, the Department may issue a |
18 | | rule to show cause why an order to
cease and desist should not |
19 | | be entered against that person. The rule shall
clearly set |
20 | | forth the grounds relied upon by the Department and shall |
21 | | provide a
period of 7 days from the date of the rule to file an |
22 | | answer to the
satisfaction of the Department. Failure to answer |
23 | | to the satisfaction of the
Department shall cause an order to |
24 | | cease and desist to be issued immediately.
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25 | | (e) An out-of-state person providing a service listed in |
26 | | Section 49 to a
patient residing in
Illinois through the |