Sen. Pamela J. Althoff
Filed: 3/17/2017
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1 | AMENDMENT TO SENATE BILL 1811
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2 | AMENDMENT NO. ______. Amend Senate Bill 1811 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Medical Practice Act of 1987 is amended by | ||||||
5 | changing Section 49.5 as follows:
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6 | (225 ILCS 60/49.5)
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7 | (Section scheduled to be repealed on December 31, 2017)
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8 | Sec. 49.5. Telemedicine.
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9 | (a) The General Assembly finds and declares that because of
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10 | 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 State | ||||||
16 | of practitioners outside this
State engaging in medical |
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1 | practice within this State and the ability to
discipline those | ||||||
2 | practitioners is necessary for the protection of the public
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3 | health,
welfare, and safety.
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4 | (b) A person who engages in the practice of telemedicine | ||||||
5 | without
a license issued under this Act shall be subject to | ||||||
6 | penalties
provided in Section 59.
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7 | (b-2) All of the following shall apply to any physician | ||||||
8 | practicing telemedicine: | ||||||
9 | (1) The physician practicing telemedicine shall use | ||||||
10 | the same standard of care as if the healthcare services | ||||||
11 | were provided in person. | ||||||
12 | (2) The physician practicing telemedicine shall not be | ||||||
13 | required to conduct an in-person patient history or | ||||||
14 | physical examination of the patient before engaging in a | ||||||
15 | telemedicine encounter if the physician satisfies all of | ||||||
16 | the following conditions: | ||||||
17 | (A) holds an unrestricted license to practice | ||||||
18 | medicine issued under this Act; | ||||||
19 | (B) has access to the patient's medical records | ||||||
20 | upon consent of the patient; | ||||||
21 | (C) creates a medical record on each patient and | ||||||
22 | makes the record available to the Department upon | ||||||
23 | request; and | ||||||
24 | (D) if necessary, provides a referral to a | ||||||
25 | physician in this State or arranges follow-up care in | ||||||
26 | this State as may be indicated. |
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1 | (b-4) Except as authorized by rule adopted by the | ||||||
2 | Department, no physician practicing telemedicine under this | ||||||
3 | Section shall prescribe any controlled substance prior to | ||||||
4 | conducting an appropriate in-person patient history or | ||||||
5 | physical examination of the patient as determined by the | ||||||
6 | Department. | ||||||
7 | (b-6) A patient receiving telemedicine services may be in | ||||||
8 | any location at the time that telemedicine services are | ||||||
9 | rendered. A physician practicing telemedicine services may be | ||||||
10 | in any location when providing telemedicine services to a | ||||||
11 | patient. A physician practicing telemedicine may utilize | ||||||
12 | interactive audio without the requirement of video if, after | ||||||
13 | access and review of the patient's medical records, the | ||||||
14 | physician determines that he or she is able to meet the same | ||||||
15 | standard of care as if the healthcare services were provided in | ||||||
16 | person. | ||||||
17 | (b-8) A physician practicing telemedicine shall document | ||||||
18 | the telemedicine services rendered in the patient's medical | ||||||
19 | records according to the same standard as that required for | ||||||
20 | nontelemedicine services. Medical records including, but not | ||||||
21 | limited to, video, audio, electronic, or other records | ||||||
22 | generated as a result of providing telemedicine services shall | ||||||
23 | be considered as confidential and shall be subject to all | ||||||
24 | applicable State and federal laws, rules, and regulations | ||||||
25 | relative to the privacy of health information. | ||||||
26 | (c) For purposes of this Act, "telemedicine" means the |
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1 | performance of any
of the activities listed in Section 49, | ||||||
2 | including but not limited to rendering
written or oral opinions | ||||||
3 | concerning diagnosis or treatment of a patient in
Illinois by a | ||||||
4 | person located outside the State of Illinois as a result of
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5 | transmission of individual patient data by telephonic, | ||||||
6 | electronic, or other
means of communication from within this | ||||||
7 | State. "Telemedicine" does not include
the following:
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8 | (1) periodic consultations between a person licensed | ||||||
9 | under this Act and a
person outside the State of Illinois;
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10 | (2) a second opinion provided to a person licensed | ||||||
11 | under this Act; and
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12 | (3) diagnosis or treatment services provided to a | ||||||
13 | patient in Illinois
following
care or treatment originally | ||||||
14 | provided to the patient in the state in which the
provider | ||||||
15 | is licensed to practice medicine.
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16 | (d) Whenever the Department has reason to believe that a | ||||||
17 | person has violated
this Section, the Department may issue a | ||||||
18 | rule to show cause why an order to
cease and desist should not | ||||||
19 | be entered against that person. The rule shall
clearly set | ||||||
20 | forth the grounds relied upon by the Department and shall | ||||||
21 | provide a
period of 7 days from the date of the rule to file an | ||||||
22 | answer to the
satisfaction of the Department. Failure to answer | ||||||
23 | to the satisfaction of the
Department shall cause an order to | ||||||
24 | cease and desist to be issued immediately.
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25 | (e) An out-of-state person providing a service listed in | ||||||
26 | Section 49 to a
patient residing in
Illinois through the |
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1 | practice of telemedicine submits himself or herself to the
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2 | jurisdiction of the courts of this
State.
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3 | (Source: P.A. 90-99, eff. 1-1-98 .)
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4 | Section 96. No revival or extension. This Act does not | ||||||
5 | revive or extend any Section or Act otherwise repealed.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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