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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0314enr
New Act
5 ILCS 80/4.17 new
Creates the Telemedicine Licensure Act to require the
licensure of non-resident physicians who seek to provide
certain medical services to in-state physicians or patients
through electronic means.
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SB314 Enrolled LRB9002944DPcc
1 AN ACT to amend the Medical Practice Act of 1987 by
2 adding Section 49.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended by
6 adding Section 49.5 as follows:
7 (225 ILCS 60/49.5 new)
8 Sec. 49.5. Telemedicine.
9 (a) The General Assembly finds and declares that because
10 of technological advances and changing practice patterns the
11 practice of medicine is occurring with increasing frequency
12 across state lines and that certain technological advances in
13 the practice of medicine are in the public interest. The
14 General Assembly further finds and declares that the practice
15 of medicine is a privilege and that the licensure by this
16 State of practitioners outside this State engaging in medical
17 practice within this State and the ability to discipline
18 those practitioners is necessary for the protection of the
19 public health, welfare, and safety.
20 (b) A person who engages in the practice of telemedicine
21 without a license issued under this Act shall be subject to
22 penalties provided in Section 59.
23 (c) For purposes of this Act, "telemedicine" means the
24 performance of any of the activities listed in Section 49,
25 including but not limited to rendering written or oral
26 opinions concerning diagnosis or treatment of a patient in
27 Illinois by a person located outside the State of Illinois as
28 a result of transmission of individual patient data by
29 telephonic, electronic, or other means of communication from
30 within this State. "Telemedicine" does not include the
31 following:
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1 (1) periodic consultations between a person
2 licensed under this Act and a person outside the State of
3 Illinois;
4 (2) a second opinion provided to a person licensed
5 under this Act; and
6 (3) diagnosis or treatment services provided to a
7 patient in Illinois following care or treatment
8 originally provided to the patient in the state in which
9 the provider is licensed to practice medicine.
10 (d) Whenever the Department has reason to believe that a
11 person has violated this Section, the Department may issue a
12 rule to show cause why an order to cease and desist should
13 not be entered against that person. The rule shall clearly
14 set forth the grounds relied upon by the Department and shall
15 provide a period of 7 days from the date of the rule to file
16 an answer to the satisfaction of the Department. Failure to
17 answer to the satisfaction of the Department shall cause an
18 order to cease and desist to be issued immediately.
19 (e) An out-of-state person providing a service listed in
20 Section 49 to a patient residing in Illinois through the
21 practice of telemedicine submits himself or herself to the
22 jurisdiction of the courts of this State.