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