Illinois 2025-2026 Regular Session

Illinois House Bill HB3343 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB3343 EngrossedLRB104 09578 AAS 19641 b HB3343 Engrossed LRB104 09578 AAS 19641 b
2		-	HB3343 Engrossed LRB104 09578 AAS 19641 b
	1	+	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
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
	3	+	225 ILCS 150/5225 ILCS 2/14 new 225 ILCS 150/5 225 ILCS 2/14 new
	4	+	225 ILCS 150/5
	5	+	225 ILCS 2/14 new
	6	+	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.
	7	+	LRB104 09578 AAS 19641 b LRB104 09578 AAS 19641 b
	8	+	LRB104 09578 AAS 19641 b
	9	+	A BILL FOR
	10	+	HB3343LRB104 09578 AAS 19641 b HB3343 LRB104 09578 AAS 19641 b
	11	+	HB3343 LRB104 09578 AAS 19641 b
3	12		1 AN ACT concerning regulation.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Telehealth Act is amended by changing
7	16		5 Section 5 as follows:
8	17		6 (225 ILCS 150/5)
9	18		7 Sec. 5. Definitions. As used in this Act:
10	19		8 "Asynchronous store and forward system" means the
11	20		9 transmission of a patient's medical information through an
12	21		10 electronic communications system at an originating site to a
13	22		11 health care professional or facility at a distant site that
14	23		12 does not require real-time or synchronous interaction between
15	24		13 the health care professional and the patient.
16	25		14 "Distant site" means the location at which the health care
17	26		15 professional rendering the telehealth service is located.
18	27		16 "Established patient" means a patient with a relationship
19	28		17 with a health care professional in which there has been an
20	29		18 exchange of an individual's protected health information for
21	30		19 the purpose of providing patient care, treatment, or services.
22	31		20 "E-visit" means a patient-initiated non-face-to-face
23	32		21 communication through an online patient portal between an
24	33		22 established patient and a health care professional.
25	34		23 "Facility" includes a facility that is owned or operated
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29		-	HB3343 Engrossed LRB104 09578 AAS 19641 b
	38	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3343 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
	39	+	225 ILCS 150/5225 ILCS 2/14 new 225 ILCS 150/5 225 ILCS 2/14 new
	40	+	225 ILCS 150/5
	41	+	225 ILCS 2/14 new
	42	+	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.
	43	+	LRB104 09578 AAS 19641 b LRB104 09578 AAS 19641 b
	44	+	LRB104 09578 AAS 19641 b
	45	+	A BILL FOR
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	51	+	225 ILCS 150/5
	52	+	225 ILCS 2/14 new
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34	71		1 by a hospital under the Hospital Licensing Act or University
35	72		2 of Illinois Hospital Act, a facility under the Nursing Home
36	73		3 Care Act, a rural health clinic, a federally qualified health
37	74		4 center, a local health department, a community mental health
38	75		5 center, a behavioral health clinic as defined in 89 Ill. Adm.
39	76		6 Code 140.453, an encounter rate clinic, a skilled nursing
40	77		7 facility, a substance use treatment program licensed by the
41	78		8 Division of Substance Use Prevention and Recovery of the
42	79		9 Department of Human Services, a school-based health center as
43	80		10 defined in 77 Ill. Adm. Code 641.10, a physician's office, a
44	81		11 podiatrist's office, a supportive living program provider, a
45	82		12 hospice provider, home health agency, or home nursing agency
46	83		13 under the Home Health, Home Services, and Home Nursing Agency
47	84		14 Licensing Act, a facility under the ID/DD Community Care Act,
48	85		15 community-integrated living arrangements as defined in the
49	86		16 Community-Integrated Living Arrangements Licensure and
50	87		17 Certification Act, and a provider who receives reimbursement
51	88		18 for a patient's room and board.
52	89		19 "Health care professional" includes, but is not limited
53	90		20 to, physicians, physician assistants, optometrists, advanced
54	91		21 practice registered nurses, clinical psychologists licensed in
55	92		22 Illinois, prescribing psychologists licensed in Illinois,
56	93		23 dentists, occupational therapists, pharmacists, physical
57	94		24 therapists, acupuncturists, clinical social workers,
58	95		25 speech-language pathologists, audiologists, hearing
59	96		26 instrument dispensers, licensed certified substance use
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70	107		1 disorder treatment providers and clinicians, and mental health
71	108		2 professionals and clinicians authorized by Illinois law to
72	109		3 provide mental health services, and qualified providers listed
73	110		4 under paragraph (8) of subsection (e) of Section 3 of the Early
74	111		5 Intervention Services System Act, dietitian nutritionists
75	112		6 licensed in Illinois, and health care professionals associated
76	113		7 with a facility.
77	114		8 "Interactive telecommunications system" means an audio and
78	115		9 video system, an audio-only telephone system (landline or
79	116		10 cellular), or any other telecommunications system permitting
80	117		11 2-way, synchronous interactive communication between a patient
81	118		12 at an originating site and a health care professional or
82	119		13 facility at a distant site. "Interactive telecommunications
83	120		14 system" does not include a facsimile machine, electronic mail
84	121		15 messaging, or text messaging.
85	122		16 "Originating site" means the location at which the patient
86	123		17 is located at the time telehealth services are provided to the
87	124		18 patient via telehealth.
88	125		19 "Remote patient monitoring" means the use of connected
89	126		20 digital technologies or mobile medical devices to collect
90	127		21 medical and other health data from a patient at one location
91	128		22 and electronically transmit that data to a health care
92	129		23 professional or facility at a different location for
93	130		24 collection and interpretation.
94	131		25 "Telehealth services" means the evaluation, diagnosis, or
95	132		26 interpretation of electronically transmitted patient-specific
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106	143		1 data between a remote location and a licensed health care
107	144		2 professional that generates interaction or treatment
108	145		3 recommendations. "Telehealth services" includes telemedicine
109	146		4 and the delivery of health care services, including mental
110	147		5 health treatment and substance use disorder treatment and
111	148		6 services to a patient, regardless of patient location,
112	149		7 provided by way of an interactive telecommunications system,
113	150		8 asynchronous store and forward system, remote patient
114	151		9 monitoring technologies, e-visits, or virtual check-ins.
115	152		10 "Virtual check-in" means a brief patient-initiated
116	153		11 communication using a technology-based service, excluding
117	154		12 facsimile, between an established patient and a health care
118	155		13 professional. "Virtual check-in" does not include
119	156		14 communications from a related office visit provided within the
120	157		15 previous 7 days, nor communications that lead to an office
121	158		16 visit or procedure within the next 24 hours or soonest
122	159		17 available appointment.
123	160		18 (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
124	161		19 102-104, eff. 7-22-21.)
125	162		20 Section 10. The Acupuncture Practice Act is amended by
126	163		21 adding Section 14 as follows:
127	164		22 (225 ILCS 2/14 new)
128	165		23 Sec. 14. Telemedicine.
129	166		24 (a) The General Assembly finds that, because technological
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140	177		1 advances and changing practice patterns regarding the use of
141	178		2 health care services are occurring with increasing frequency
142	179		3 across state lines and across increasing geographical
143	180		4 distances within this State, certain technological advances in
144	181		5 the health care industry are in the public interest. Providing
145	182		6 professional health care services is a privilege and is
146	183		7 necessary for the protection of the public health, welfare,
147	184		8 and safety, especially when a pandemic can limit access to
148	185		9 traditional means of accessing healthcare services.
149	186		10 (b) For purposes of this Act, "telemedicine" means the
150	187		11 performance of acupuncture limited to modalities and
151	188		12 consultations that do not involve the insertion of needles and
152	189		13 that are provided via technology or telecommunication methods.
153	190		14 (c) The standard of care for a patient under this Act shall
154	191		15 be the same whether a patient is seen in person, through
155	192		16 telemedicine, or through another method of
156	193		17 electronically-enabled health care. The Department shall, by
157	194		18 rule, determine the appropriate acupuncture services allowed
158	195		19 via telemedicine in consultation with the Board.
159	196		20 (d) A person who engages in the practice of telemedicine
160	197		21 without a license issued under this Act shall be subject to the
161	198		22 penalties provided in Section 105.
162	199		23 (e) If the Department has reason to believe that a person
163	200		24 has violated this Section, the Department may issue a rule to
164	201		25 show cause stating the reasons why an order to cease and desist
165	202		26 should not be entered against the person. The rule shall
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176		-	1 clearly set forth the grounds relied upon by the Department
177		-	2 and shall provide the person with a period of 7 days after the
178		-	3 date of the rule to file an answer to the satisfaction of the
179		-	4 Department. Failure to answer to the satisfaction of the
180		-	5 Department shall cause an order to cease and desist to be
181		-	6 issued immediately.
182		-	7 (f) A person residing out of state that provides services
183		-	8 through telemedicine to a patient residing in this State
184		-	9 submits himself or herself to the jurisdiction of the
185		-	10 Department and the courts of this State.
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