[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
90_SB0314sam001
LRB9002944DPmgam01
1 AMENDMENT TO SENATE BILL 314
2 AMENDMENT NO. . Amend Senate Bill 314 by replacing
3 the title with the following:
4 "AN ACT to amend the Medical Practice Act of 1987 by
5 adding Section 49.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Medical Practice Act of 1987 is amended
9 by adding Section 49.5 as follows:
10 (225 ILCS 60/49.5 new)
11 Sec. 49.5. Telemedicine.
12 (a) The General Assembly finds and declares that because
13 of technological advances and changing practice patterns the
14 practice of medicine is occurring with increasing frequency
15 across state lines and that certain technological advances in
16 the practice of medicine are in the public interest. The
17 General Assembly further finds and declares that the practice
18 of medicine is a privilege and that the licensure by this
19 State of practitioners outside this State engaging in medical
20 practice within this State and the ability to discipline
21 those practitioners is necessary for the protection of the
-2- LRB9002944DPmgam01
1 public health, welfare, and safety.
2 (b) A person who engages in the practice of telemedicine
3 without a license issued under this Act shall be subject to
4 penalties provided in Section 59.
5 (c) For purposes of this Act, "telemedicine" means the
6 performance of any of the activities listed in Section 49,
7 including but not limited to rendering written or oral
8 opinions concerning diagnosis or treatment of a patient in
9 Illinois by a person located outside the State of Illinois as
10 a result of transmission of individual patient data by
11 telephonic, electronic, or other means of communication from
12 within this State. "Telemedicine" does not include the
13 following:
14 (1) periodic consultations between a person
15 licensed under this Act and a person outside the State of
16 Illinois;
17 (2) a second opinion provided to a person licensed
18 under this Act; and
19 (3) diagnosis or treatment services provided to a
20 patient in Illinois following care or treatment
21 originally provided to the patient in the state in which
22 the provider is licensed to practice medicine.
23 (d) Whenever the Department has reason to believe that a
24 person has violated this Section, the Department may issue a
25 rule to show cause why an order to cease and desist should
26 not be entered against that person. The rule shall clearly
27 set forth the grounds relied upon by the Department and shall
28 provide a period of 7 days from the date of the rule to file
29 an answer to the satisfaction of the Department. Failure to
30 answer to the satisfaction of the Department shall cause an
31 order to cease and desist to be issued immediately.
32 (e) An out-of-state person providing a service listed in
33 Section 49 to a patient residing in Illinois through the
34 practice of telemedicine submits himself or herself to the
-3- LRB9002944DPmgam01
1 jurisdiction of the courts of this State.".