Public Act 90-0099 of the 90th General Assembly

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

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