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| Public Act 100-0317 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Telehealth Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Health care professional" includes physicians, physician | ||||
assistants, optometrists, advanced practice nurses, clinical | ||||
psychologists licensed in Illinois, and mental health | ||||
professionals and clinicians authorized by Illinois law to | ||||
provide mental health services.
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"Telehealth" means the evaluation, diagnosis, or | ||||
interpretation of electronically transmitted patient-specific | ||||
data between a remote location and a licensed health care | ||||
professional that generates interaction or treatment | ||||
recommendations. "Telehealth" includes telemedicine and the | ||||
delivery of health care services provided by way of an | ||||
interactive telecommunications system, as defined in | ||||
subsection (a) of Section 356z.22 of the Illinois Insurance | ||||
Code. | ||||
Section 10. Practice authority. A health care professional | ||||
treating a patient located in this State through telehealth | ||||
must be licensed or authorized to practice in Illinois. | ||
Section 15. Use of telehealth. A health care professional | ||
may engage in the practice of telehealth in Illinois to the | ||
extent of his or her scope of practice as established in his or | ||
her respective licensing Act consistent with the standards of | ||
care for in-person services. This Act shall not be construed to | ||
alter the scope of practice of any health care professional or | ||
authorize the delivery of health care services in a setting or | ||
in a manner not otherwise authorized by the laws of this State. | ||
Section 90. The Medical Practice Act of 1987 is amended by | ||
changing Section 49.5 as follows:
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(225 ILCS 60/49.5)
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(Section scheduled to be repealed on December 31, 2017)
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Sec. 49.5. Telemedicine.
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(a) The General Assembly finds and declares that because of
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technological advances and changing practice patterns the | ||
practice of medicine
is occurring with increasing frequency | ||
across state lines and across increasing geographical | ||
distances within the State of Illinois and that certain
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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.
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(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.
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(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
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Illinois by a person in a different location than the patient | ||
located outside the State of Illinois as a result of
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transmission of individual patient data by telephonic, | ||
electronic, or other
means of communication from within this | ||
State. "Telemedicine" does not include
the following:
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(1) periodic consultations between a person licensed | ||
under this Act and a
person outside the State of Illinois;
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(2) a second opinion provided to a person licensed | ||
under this Act; and
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(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; and .
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(4) health care services provided to an existing | ||
patient while the person licensed under this Act or patient | ||
is traveling. | ||
(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.
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(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
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jurisdiction of the courts of this
State.
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(Source: P.A. 90-99, eff. 1-1-98.)
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