Illinois 2025 2025-2026 Regular Session

Illinois House Bill HB3343 Introduced / Bill

Filed 02/07/2025

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: 225 ILCS 150/5225 ILCS 2/14 new Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State. LRB104 09578 AAS 19641 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:  225 ILCS 150/5225 ILCS 2/14 new 225 ILCS 150/5  225 ILCS 2/14 new  Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State.  LRB104 09578 AAS 19641 b     LRB104 09578 AAS 19641 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
225 ILCS 150/5225 ILCS 2/14 new 225 ILCS 150/5  225 ILCS 2/14 new
225 ILCS 150/5
225 ILCS 2/14 new
Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State.
LRB104 09578 AAS 19641 b     LRB104 09578 AAS 19641 b
    LRB104 09578 AAS 19641 b
A BILL FOR
HB3343LRB104 09578 AAS 19641 b   HB3343  LRB104 09578 AAS 19641 b
  HB3343  LRB104 09578 AAS 19641 b
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 Telehealth Act is amended by changing
5  Section 5 as follows:
6  (225 ILCS 150/5)
7  Sec. 5. Definitions. As used in this Act:
8  "Asynchronous store and forward system" means the
9  transmission of a patient's medical information through an
10  electronic communications system at an originating site to a
11  health care professional or facility at a distant site that
12  does not require real-time or synchronous interaction between
13  the health care professional and the patient.
14  "Distant site" means the location at which the health care
15  professional rendering the telehealth service is located.
16  "Established patient" means a patient with a relationship
17  with a health care professional in which there has been an
18  exchange of an individual's protected health information for
19  the purpose of providing patient care, treatment, or services.
20  "E-visit" means a patient-initiated non-face-to-face
21  communication through an online patient portal between an
22  established patient and a health care professional.
23  "Facility" includes a facility that is owned or operated

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
225 ILCS 150/5225 ILCS 2/14 new 225 ILCS 150/5  225 ILCS 2/14 new
225 ILCS 150/5
225 ILCS 2/14 new
Amends the Telehealth Act. Adds acupuncturist to providers included in the meaning of "health care professional". Amends the Acupuncture Practice Act. Provides that the standard of care for a patient under the Act shall be the same whether a patient is seen in person, through telemedicine, or through another method of electronically-enabled health care. Requires the Department of Financial and Professional Regulation, by rule, to determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that a person who engages in the practice of telemedicine without a license issued under the Act shall be subject to the penalties provided in the Act. Provides that, if the Department has reason to believe that a person has violated the provisions regarding telemedicine, the Department may issue a rule to show cause stating the reasons why an order to cease and desist should not be entered against the person. Provides that the rule shall clearly set forth the grounds relied upon by the Department and shall provide the person with a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Provides that failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Provides that a person residing out-of-state that provides services through telemedicine to a patient residing in the State submits himself or herself to the jurisdiction of the Department and the courts of the State.
LRB104 09578 AAS 19641 b     LRB104 09578 AAS 19641 b
    LRB104 09578 AAS 19641 b
A BILL FOR

 

 

225 ILCS 150/5
225 ILCS 2/14 new



    LRB104 09578 AAS 19641 b

 

 



 

  HB3343  LRB104 09578 AAS 19641 b


HB3343- 2 -LRB104 09578 AAS 19641 b   HB3343 - 2 - LRB104 09578 AAS 19641 b
  HB3343 - 2 - LRB104 09578 AAS 19641 b
1  by a hospital under the Hospital Licensing Act or University
2  of Illinois Hospital Act, a facility under the Nursing Home
3  Care Act, a rural health clinic, a federally qualified health
4  center, a local health department, a community mental health
5  center, a behavioral health clinic as defined in 89 Ill. Adm.
6  Code 140.453, an encounter rate clinic, a skilled nursing
7  facility, a substance use treatment program licensed by the
8  Division of Substance Use Prevention and Recovery of the
9  Department of Human Services, a school-based health center as
10  defined in 77 Ill. Adm. Code 641.10, a physician's office, a
11  podiatrist's office, a supportive living program provider, a
12  hospice provider, home health agency, or home nursing agency
13  under the Home Health, Home Services, and Home Nursing Agency
14  Licensing Act, a facility under the ID/DD Community Care Act,
15  community-integrated living arrangements as defined in the
16  Community-Integrated Living Arrangements Licensure and
17  Certification Act, and a provider who receives reimbursement
18  for a patient's room and board.
19  "Health care professional" includes, but is not limited
20  to, physicians, physician assistants, optometrists, advanced
21  practice registered nurses, clinical psychologists licensed in
22  Illinois, prescribing psychologists licensed in Illinois,
23  dentists, occupational therapists, pharmacists, physical
24  therapists, acupuncturists, clinical social workers,
25  speech-language pathologists, audiologists, hearing
26  instrument dispensers, licensed certified substance use

 

 

  HB3343 - 2 - LRB104 09578 AAS 19641 b


HB3343- 3 -LRB104 09578 AAS 19641 b   HB3343 - 3 - LRB104 09578 AAS 19641 b
  HB3343 - 3 - LRB104 09578 AAS 19641 b
1  disorder treatment providers and clinicians, and mental health
2  professionals and clinicians authorized by Illinois law to
3  provide mental health services, and qualified providers listed
4  under paragraph (8) of subsection (e) of Section 3 of the Early
5  Intervention Services System Act, dietitian nutritionists
6  licensed in Illinois, and health care professionals associated
7  with a facility.
8  "Interactive telecommunications system" means an audio and
9  video system, an audio-only telephone system (landline or
10  cellular), or any other telecommunications system permitting
11  2-way, synchronous interactive communication between a patient
12  at an originating site and a health care professional or
13  facility at a distant site. "Interactive telecommunications
14  system" does not include a facsimile machine, electronic mail
15  messaging, or text messaging.
16  "Originating site" means the location at which the patient
17  is located at the time telehealth services are provided to the
18  patient via telehealth.
19  "Remote patient monitoring" means the use of connected
20  digital technologies or mobile medical devices to collect
21  medical and other health data from a patient at one location
22  and electronically transmit that data to a health care
23  professional or facility at a different location for
24  collection and interpretation.
25  "Telehealth services" means the evaluation, diagnosis, or
26  interpretation of electronically transmitted patient-specific

 

 

  HB3343 - 3 - LRB104 09578 AAS 19641 b


HB3343- 4 -LRB104 09578 AAS 19641 b   HB3343 - 4 - LRB104 09578 AAS 19641 b
  HB3343 - 4 - LRB104 09578 AAS 19641 b
1  data between a remote location and a licensed health care
2  professional that generates interaction or treatment
3  recommendations. "Telehealth services" includes telemedicine
4  and the delivery of health care services, including mental
5  health treatment and substance use disorder treatment and
6  services to a patient, regardless of patient location,
7  provided by way of an interactive telecommunications system,
8  asynchronous store and forward system, remote patient
9  monitoring technologies, e-visits, or virtual check-ins.
10  "Virtual check-in" means a brief patient-initiated
11  communication using a technology-based service, excluding
12  facsimile, between an established patient and a health care
13  professional. "Virtual check-in" does not include
14  communications from a related office visit provided within the
15  previous 7 days, nor communications that lead to an office
16  visit or procedure within the next 24 hours or soonest
17  available appointment.
18  (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
19  102-104, eff. 7-22-21.)
20  Section 10. The Acupuncture Practice Act is amended by
21  adding Section 14 as follows:
22  (225 ILCS 2/14 new)
23  Sec. 14. Telemedicine.
24  (a) The General Assembly finds that, because technological

 

 

  HB3343 - 4 - LRB104 09578 AAS 19641 b


HB3343- 5 -LRB104 09578 AAS 19641 b   HB3343 - 5 - LRB104 09578 AAS 19641 b
  HB3343 - 5 - LRB104 09578 AAS 19641 b
1  advances and changing practice patterns regarding the use of
2  health care services are occurring with increasing frequency
3  across state lines and across increasing geographical
4  distances within this State, certain technological advances in
5  the health care industry are in the public interest. Providing
6  professional health care services is a privilege and is
7  necessary for the protection of the public health, welfare,
8  and safety, especially when a pandemic can limit access to
9  traditional means of accessing healthcare services.
10  (b) For purposes of this Act, "telemedicine" means the
11  performance of acupuncture limited to modalities and
12  consultations that do not involve the insertion of needles and
13  that are provided via technology or telecommunication methods.
14  (c) The standard of care for a patient under this Act shall
15  be the same whether a patient is seen in person, through
16  telemedicine, or through another method of
17  electronically-enabled health care. The Department shall, by
18  rule, determine the appropriate acupuncture services allowed
19  via telemedicine in consultation with the Board.
20  (d) A person who engages in the practice of telemedicine
21  without a license issued under this Act shall be subject to the
22  penalties provided in Section 105.
23  (e) If the Department has reason to believe that a person
24  has violated this Section, the Department may issue a rule to
25  show cause stating the reasons why an order to cease and desist
26  should not be entered against the person. The rule shall

 

 

  HB3343 - 5 - LRB104 09578 AAS 19641 b


HB3343- 6 -LRB104 09578 AAS 19641 b   HB3343 - 6 - LRB104 09578 AAS 19641 b
  HB3343 - 6 - LRB104 09578 AAS 19641 b

 

 

  HB3343 - 6 - LRB104 09578 AAS 19641 b