Full Text of HB2862 103rd General Assembly
HB2862eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Acupuncture Practice Act is amended by | 5 | | adding Section 14 as follows: | 6 | | (225 ILCS 2/14 new) | 7 | | Sec. 14. Telemedicine. | 8 | | (a) The General Assembly finds and declares that because | 9 | | technological advances and changing practice patterns | 10 | | regarding the utilization of health care services are | 11 | | occurring with increasing frequency across state lines and | 12 | | across increasing geographical distances within the State, | 13 | | certain technological advances in the health care industry are | 14 | | in the public interest. The General Assembly further finds and | 15 | | declares that providing professional health care services is a | 16 | | privilege and is necessary for the protection of the public | 17 | | health, welfare, and safety, especially in times of a pandemic | 18 | | that can limit access to traditional means of accessing health | 19 | | care services. | 20 | | (b) A person who engages in the practice of telemedicine | 21 | | without a license issued under this Act shall be subject to | 22 | | penalties provided in Section 105. | 23 | | (c) For purposes of this Act, "telemedicine" means the |
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| 1 | | performance of acupuncture, as defined in Section 10, provided | 2 | | via technology or telecommunication methods, also known as | 3 | | telehealth. The standard of care shall be the same whether a | 4 | | patient is seen in person, through telehealth, or another | 5 | | method of electronically enabled health care. Further, the | 6 | | Department shall, by rule, determine the appropriate | 7 | | acupuncture services allowed via telemedicine in consultation | 8 | | with the Board. | 9 | | (d) Whenever the Department has reason to believe that a | 10 | | person has violated this Section, the Department may issue a | 11 | | rule to show cause why an order to cease and desist should not | 12 | | be entered against that person. The rule shall clearly set | 13 | | forth the grounds relied upon by the Department. Failure to | 14 | | answer to the satisfaction of the Department shall cause an | 15 | | order to cease and desist to be issued immediately. | 16 | | (e) An out-of-state person providing a service allowed | 17 | | under this Section to a patient residing in the State through | 18 | | the practice of telemedicine submits himself or herself to the | 19 | | jurisdiction of the Department and the courts of this State. | 20 | | (f) A person licensed under this Act shall only be allowed | 21 | | to provide services through telemedicine during a public | 22 | | health emergency declared by the Governor. | 23 | | Section 10. The Telehealth Act is amended by changing | 24 | | Section 5 as follows: |
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| 1 | | (225 ILCS 150/5)
| 2 | | Sec. 5. Definitions. As used in this Act: | 3 | | "Asynchronous store and forward system" means the | 4 | | transmission of a patient's medical information through an | 5 | | electronic communications system at an originating site to a | 6 | | health care professional or facility at a distant site that | 7 | | does not require real-time or synchronous interaction between | 8 | | the health care professional and the patient. | 9 | | "Distant site" means the location at which the health care | 10 | | professional rendering the telehealth service is located. | 11 | | "Established patient" means a patient with a relationship | 12 | | with a health care professional in which there has been an | 13 | | exchange of an individual's protected health information for | 14 | | the purpose of providing patient care, treatment, or services. | 15 | | "E-visit" means a patient-initiated non-face-to-face | 16 | | communication through an online patient portal between an | 17 | | established patient and a health care professional. | 18 | | "Facility" includes a facility that is owned or operated | 19 | | by a hospital under the Hospital Licensing Act or University | 20 | | of Illinois Hospital Act, a facility under the Nursing Home | 21 | | Care Act, a rural health clinic, a federally qualified health | 22 | | center, a local health department, a community mental health | 23 | | center, a behavioral health clinic as defined in 89 Ill. Adm. | 24 | | Code 140.453, an encounter rate clinic, a skilled nursing | 25 | | facility, a substance use treatment program licensed by the | 26 | | Division of Substance Use Prevention and Recovery of the |
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| 1 | | Department of Human Services, a school-based health center as | 2 | | defined in 77 Ill. Adm. Code 641.10, a physician's office, a | 3 | | podiatrist's office, a supportive living program provider, a | 4 | | hospice provider, home health agency, or home nursing agency | 5 | | under the Home Health, Home Services, and Home Nursing Agency | 6 | | Licensing Act, a facility under the ID/DD Community Care Act, | 7 | | community-integrated living arrangements as defined in the | 8 | | Community-Integrated Living Arrangements Licensure and | 9 | | Certification Act, and a provider who receives reimbursement | 10 | | for a patient's room and board. | 11 | | "Health care professional" includes, but is not limited | 12 | | to, physicians, physician assistants, optometrists, advanced | 13 | | practice registered nurses, clinical psychologists licensed in | 14 | | Illinois, prescribing psychologists licensed in Illinois, | 15 | | dentists, occupational therapists, pharmacists, physical | 16 | | therapists, acupuncturists, clinical social workers, | 17 | | speech-language pathologists, audiologists, hearing | 18 | | instrument dispensers, licensed certified substance use | 19 | | disorder treatment providers and clinicians, and mental health | 20 | | professionals and clinicians authorized by Illinois law to | 21 | | provide mental health services, and qualified providers listed | 22 | | under paragraph (8)
of subsection (e) of Section 3 of the Early | 23 | | Intervention
Services System Act, dietitian nutritionists | 24 | | licensed in Illinois, and health care professionals associated | 25 | | with a facility.
| 26 | | "Interactive telecommunications system" means an audio and |
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| 1 | | video system, an audio-only telephone system (landline or | 2 | | cellular), or any other telecommunications system permitting | 3 | | 2-way, synchronous interactive communication between a patient | 4 | | at an originating site and a health care professional or | 5 | | facility at a distant site. "Interactive telecommunications | 6 | | system" does not include a facsimile machine, electronic mail | 7 | | messaging, or text messaging. | 8 | | "Originating site" means the location at which the patient | 9 | | is located at the time telehealth services are provided to the | 10 | | patient via telehealth. | 11 | | "Remote patient monitoring" means the use of connected | 12 | | digital technologies or mobile medical devices to collect | 13 | | medical and other health data from a patient at one location | 14 | | and electronically transmit that data to a health care | 15 | | professional or facility at a different location for | 16 | | collection and interpretation. | 17 | | "Telehealth services" means the evaluation, diagnosis, or | 18 | | interpretation of electronically transmitted patient-specific | 19 | | data between a remote location and a licensed health care | 20 | | professional that generates interaction or treatment | 21 | | recommendations. "Telehealth services" includes telemedicine | 22 | | and the delivery of health care services, including mental | 23 | | health treatment and substance use disorder treatment and | 24 | | services to a patient, regardless of patient location, | 25 | | provided by way of an interactive telecommunications system, | 26 | | asynchronous store and forward system, remote patient |
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| 1 | | monitoring technologies, e-visits, or virtual check-ins.
| 2 | | "Virtual check-in" means a brief patient-initiated | 3 | | communication using a technology-based service, excluding | 4 | | facsimile, between an established patient and a health care | 5 | | professional. "Virtual check-in" does not include | 6 | | communications from a related office visit provided within the | 7 | | previous 7 days, nor communications that lead to an office | 8 | | visit or procedure within the next 24 hours or soonest | 9 | | available appointment. | 10 | | (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19; | 11 | | 102-104, eff. 7-22-21.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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