Public Act 90-0099 of the 90th General Assembly
Public Act 90-0099
SB314 Enrolled LRB9002944DPcc
AN ACT to amend the Medical Practice Act of 1987 by
adding Section 49.5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended by
adding Section 49.5 as follows:
(225 ILCS 60/49.5 new)
Sec. 49.5. Telemedicine.
(a) The General Assembly finds and declares that because
of technological advances and changing practice patterns the
practice of medicine is occurring with increasing frequency
across state lines and that certain technological advances in
the practice of medicine are in the public interest. The
General Assembly further finds and declares that the practice
of medicine is a privilege and that the licensure by this
State of practitioners outside this State engaging in medical
practice within this State and the ability to discipline
those practitioners is necessary for the protection of the
public health, welfare, and safety.
(b) A person who engages in the practice of telemedicine
without a license issued under this Act shall be subject to
penalties provided in Section 59.
(c) For purposes of this Act, "telemedicine" means the
performance of any of the activities listed in Section 49,
including but not limited to rendering written or oral
opinions concerning diagnosis or treatment of a patient in
Illinois by a person located outside the State of Illinois as
a result of transmission of individual patient data by
telephonic, electronic, or other means of communication from
within this State. "Telemedicine" does not include the
following:
(1) periodic consultations between a person
licensed under this Act and a person outside the State of
Illinois;
(2) a second opinion provided to a person licensed
under this Act; and
(3) diagnosis or treatment services provided to a
patient in Illinois following care or treatment
originally provided to the patient in the state in which
the provider is licensed to practice medicine.
(d) Whenever the Department has reason to believe that a
person has violated this Section, the Department may issue a
rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(e) An out-of-state person providing a service listed in
Section 49 to a patient residing in Illinois through the
practice of telemedicine submits himself or herself to the
jurisdiction of the courts of this State.