Illinois General Assembly - Full Text of SB2284
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Full Text of SB2284  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Ram Villivalam


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.

LRB103 03413 AMQ 48419 b





SB2284LRB103 03413 AMQ 48419 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Acupuncture Practice Act is amended by
5adding Section 14 as follows:
6    (225 ILCS 2/14 new)
7    Sec. 14. Telemedicine.
8    (a) The General Assembly finds and declares that because
9technological advances and changing practice patterns
10regarding the utilization of health care services are
11occurring with increasing frequency across state lines and
12across increasing geographical distances within the State,
13certain technological advances in the health care industry are
14in the public interest. The General Assembly further finds and
15declares that providing professional health care services is a
16privilege and is necessary for the protection of the public
17health, welfare, and safety, especially in times of a pandemic
18that can limit access to traditional means of accessing health
19care services.
20    (b) A person who engages in the practice of telemedicine
21without a license issued under this Act shall be subject to
22penalties provided in Section 105.
23    (c) For purposes of this Act, "telemedicine" means the



SB2284- 2 -LRB103 03413 AMQ 48419 b

1performance of acupuncture, as defined in Section 10, provided
2via technology or telecommunication methods, also known as
3telehealth. The standard of care shall be the same whether a
4patient is seen in person, through telehealth, or another
5method of electronically enabled health care. Further, the
6Department shall, by rule, determine the appropriate
7acupuncture services allowed via telemedicine in consultation
8with the Board.
9    (d) Whenever the Department has reason to believe that a
10person has violated this Section, the Department may issue a
11rule to show cause why an order to cease and desist should not
12be entered against that person. The rule shall clearly set
13forth the grounds relied upon by the Department. Failure to
14answer to the satisfaction of the Department shall cause an
15order to cease and desist to be issued immediately.
16    (e) An out-of-state person providing a service allowed
17under this Section to a patient residing in the State through
18the practice of telemedicine submits himself or herself to the
19jurisdiction of the Department and the courts of this State.
20    Section 10. The Telehealth Act is amended by changing
21Section 5 as follows:
22    (225 ILCS 150/5)
23    Sec. 5. Definitions. As used in this Act:
24    "Asynchronous store and forward system" means the



SB2284- 3 -LRB103 03413 AMQ 48419 b

1transmission of a patient's medical information through an
2electronic communications system at an originating site to a
3health care professional or facility at a distant site that
4does not require real-time or synchronous interaction between
5the health care professional and the patient.
6    "Distant site" means the location at which the health care
7professional rendering the telehealth service is located.
8    "Established patient" means a patient with a relationship
9with a health care professional in which there has been an
10exchange of an individual's protected health information for
11the purpose of providing patient care, treatment, or services.
12    "E-visit" means a patient-initiated non-face-to-face
13communication through an online patient portal between an
14established patient and a health care professional.
15    "Facility" includes a facility that is owned or operated
16by a hospital under the Hospital Licensing Act or University
17of Illinois Hospital Act, a facility under the Nursing Home
18Care Act, a rural health clinic, a federally qualified health
19center, a local health department, a community mental health
20center, a behavioral health clinic as defined in 89 Ill. Adm.
21Code 140.453, an encounter rate clinic, a skilled nursing
22facility, a substance use treatment program licensed by the
23Division of Substance Use Prevention and Recovery of the
24Department of Human Services, a school-based health center as
25defined in 77 Ill. Adm. Code 641.10, a physician's office, a
26podiatrist's office, a supportive living program provider, a



SB2284- 4 -LRB103 03413 AMQ 48419 b

1hospice provider, home health agency, or home nursing agency
2under the Home Health, Home Services, and Home Nursing Agency
3Licensing Act, a facility under the ID/DD Community Care Act,
4community-integrated living arrangements as defined in the
5Community-Integrated Living Arrangements Licensure and
6Certification Act, and a provider who receives reimbursement
7for a patient's room and board.
8    "Health care professional" includes, but is not limited
9to, physicians, physician assistants, optometrists, advanced
10practice registered nurses, clinical psychologists licensed in
11Illinois, prescribing psychologists licensed in Illinois,
12dentists, occupational therapists, pharmacists, physical
13therapists, acupuncturists, clinical social workers,
14speech-language pathologists, audiologists, hearing
15instrument dispensers, licensed certified substance use
16disorder treatment providers and clinicians, and mental health
17professionals and clinicians authorized by Illinois law to
18provide mental health services, and qualified providers listed
19under paragraph (8) of subsection (e) of Section 3 of the Early
20Intervention Services System Act, dietitian nutritionists
21licensed in Illinois, and health care professionals associated
22with a facility.
23    "Interactive telecommunications system" means an audio and
24video system, an audio-only telephone system (landline or
25cellular), or any other telecommunications system permitting
262-way, synchronous interactive communication between a patient



SB2284- 5 -LRB103 03413 AMQ 48419 b

1at an originating site and a health care professional or
2facility at a distant site. "Interactive telecommunications
3system" does not include a facsimile machine, electronic mail
4messaging, or text messaging.
5    "Originating site" means the location at which the patient
6is located at the time telehealth services are provided to the
7patient via telehealth.
8    "Remote patient monitoring" means the use of connected
9digital technologies or mobile medical devices to collect
10medical and other health data from a patient at one location
11and electronically transmit that data to a health care
12professional or facility at a different location for
13collection and interpretation.
14    "Telehealth services" means the evaluation, diagnosis, or
15interpretation of electronically transmitted patient-specific
16data between a remote location and a licensed health care
17professional that generates interaction or treatment
18recommendations. "Telehealth services" includes telemedicine
19and the delivery of health care services, including mental
20health treatment and substance use disorder treatment and
21services to a patient, regardless of patient location,
22provided by way of an interactive telecommunications system,
23asynchronous store and forward system, remote patient
24monitoring technologies, e-visits, or virtual check-ins.
25    "Virtual check-in" means a brief patient-initiated
26communication using a technology-based service, excluding



SB2284- 6 -LRB103 03413 AMQ 48419 b

1facsimile, between an established patient and a health care
2professional. "Virtual check-in" does not include
3communications from a related office visit provided within the
4previous 7 days, nor communications that lead to an office
5visit or procedure within the next 24 hours or soonest
6available appointment.
7(Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
8102-104, eff. 7-22-21.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.