95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1953


 
Introduced 2/23/2007, by Rep. John E. Bradley
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 60/49.5









    Amends the Medical Practice Act of 1987.  Provides that "telemedicine" includes  a consultation, with both the referring physician licensed under the Act and the patient whose case is being consulted upon, given by a licensed practitioner outside of the State with whom the referring physician has a professional relationship evidenced by a letter of agreement, for the purpose of tailoring the medical actions that are taken in regard to the patient accordingly.
















LRB095 08770 RAS 28954 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1953

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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Medical Practice Act of 1987 is amended  by 
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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    (Section scheduled to be repealed on December 31, 2008)

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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 
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practice of medicine
is occurring with increasing frequency 
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across state lines and that certain
technological advances in 
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the practice of medicine are in the public interest.
The 
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General Assembly further finds and declares that the practice 
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of medicine
is
a privilege and that the licensure by this State 
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of practitioners outside this
State engaging in medical 
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practice within this State and the ability to
discipline those 
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practitioners is necessary for the protection of the public

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health,
welfare, and safety.

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    (b) A person who engages in the practice of telemedicine 
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without
a license issued under this Act shall be subject to 
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penalties
provided in Section 59.

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    (c) For purposes of this Act, "telemedicine" means the 
 


 






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performance of any
of the activities listed in Section 49, 
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including, but not limited to, rendering
written or oral 
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opinions concerning diagnosis or treatment of a patient in

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Illinois by a person located outside the State of Illinois as a 
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result of
transmission of individual patient data by 
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telephonic, electronic, or other
means of communication from 
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within this State "Telemedicine" also includes a consultation, 
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with both the referring physician licensed under this Act and 
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the patient whose case is being consulted upon, given by a 
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licensed practitioner outside of this State with whom the 
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referring physician has a professional relationship evidenced 
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by a letter of agreement, for the purpose of tailoring the 
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medical actions that are taken in regard to the patient 
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accordingly. "Telemedicine" does not include
the following:


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        (1) periodic consultations between a person licensed 
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    under this Act and a
person outside the State of Illinois;


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        (2) a second opinion provided to a person licensed 
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    under this Act; and


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        (3) diagnosis or treatment services provided to a 
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    patient in Illinois
following
care or treatment originally 
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    provided to the patient in the state in which the
provider 
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    is licensed to practice medicine.

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    (d) Whenever the Department has reason to believe that a 
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person has violated
this Section, the Department may issue a 
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rule to show cause why an order to
cease and desist should not 
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be entered against that person.  The rule shall
clearly set 
 


 






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forth the grounds relied upon by the Department and shall 
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provide a
period of 7 days from the date of the rule to file an 
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answer to the
satisfaction of the Department.  Failure to answer 
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to the satisfaction of the
Department shall cause an order to 
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cease and desist to be issued immediately.

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    (e) An out-of-state person providing a service listed in 
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Section 49 to a
patient residing in
Illinois through the 
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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.)