Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2453 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2453 Introduced 2/7/2025, by Sen. Emil Jones, III 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 09579 AAS 19642 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2453 Introduced 2/7/2025, by Sen. Emil Jones, III 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 09579 AAS 19642 b LRB104 09579 AAS 19642 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2453 Introduced 2/7/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
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66 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.
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1212 1 AN ACT concerning regulation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Telehealth Act is amended by changing
1616 5 Section 5 as follows:
1717 6 (225 ILCS 150/5)
1818 7 Sec. 5. Definitions. As used in this Act:
1919 8 "Asynchronous store and forward system" means the
2020 9 transmission of a patient's medical information through an
2121 10 electronic communications system at an originating site to a
2222 11 health care professional or facility at a distant site that
2323 12 does not require real-time or synchronous interaction between
2424 13 the health care professional and the patient.
2525 14 "Distant site" means the location at which the health care
2626 15 professional rendering the telehealth service is located.
2727 16 "Established patient" means a patient with a relationship
2828 17 with a health care professional in which there has been an
2929 18 exchange of an individual's protected health information for
3030 19 the purpose of providing patient care, treatment, or services.
3131 20 "E-visit" means a patient-initiated non-face-to-face
3232 21 communication through an online patient portal between an
3333 22 established patient and a health care professional.
3434 23 "Facility" includes a facility that is owned or operated
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2453 Introduced 2/7/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
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4242 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.
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7171 1 by a hospital under the Hospital Licensing Act or University
7272 2 of Illinois Hospital Act, a facility under the Nursing Home
7373 3 Care Act, a rural health clinic, a federally qualified health
7474 4 center, a local health department, a community mental health
7575 5 center, a behavioral health clinic as defined in 89 Ill. Adm.
7676 6 Code 140.453, an encounter rate clinic, a skilled nursing
7777 7 facility, a substance use treatment program licensed by the
7878 8 Division of Substance Use Prevention and Recovery of the
7979 9 Department of Human Services, a school-based health center as
8080 10 defined in 77 Ill. Adm. Code 641.10, a physician's office, a
8181 11 podiatrist's office, a supportive living program provider, a
8282 12 hospice provider, home health agency, or home nursing agency
8383 13 under the Home Health, Home Services, and Home Nursing Agency
8484 14 Licensing Act, a facility under the ID/DD Community Care Act,
8585 15 community-integrated living arrangements as defined in the
8686 16 Community-Integrated Living Arrangements Licensure and
8787 17 Certification Act, and a provider who receives reimbursement
8888 18 for a patient's room and board.
8989 19 "Health care professional" includes, but is not limited
9090 20 to, physicians, physician assistants, optometrists, advanced
9191 21 practice registered nurses, clinical psychologists licensed in
9292 22 Illinois, prescribing psychologists licensed in Illinois,
9393 23 dentists, occupational therapists, pharmacists, physical
9494 24 therapists, acupuncturists, clinical social workers,
9595 25 speech-language pathologists, audiologists, hearing
9696 26 instrument dispensers, licensed certified substance use
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107107 1 disorder treatment providers and clinicians, and mental health
108108 2 professionals and clinicians authorized by Illinois law to
109109 3 provide mental health services, and qualified providers listed
110110 4 under paragraph (8) of subsection (e) of Section 3 of the Early
111111 5 Intervention Services System Act, dietitian nutritionists
112112 6 licensed in Illinois, and health care professionals associated
113113 7 with a facility.
114114 8 "Interactive telecommunications system" means an audio and
115115 9 video system, an audio-only telephone system (landline or
116116 10 cellular), or any other telecommunications system permitting
117117 11 2-way, synchronous interactive communication between a patient
118118 12 at an originating site and a health care professional or
119119 13 facility at a distant site. "Interactive telecommunications
120120 14 system" does not include a facsimile machine, electronic mail
121121 15 messaging, or text messaging.
122122 16 "Originating site" means the location at which the patient
123123 17 is located at the time telehealth services are provided to the
124124 18 patient via telehealth.
125125 19 "Remote patient monitoring" means the use of connected
126126 20 digital technologies or mobile medical devices to collect
127127 21 medical and other health data from a patient at one location
128128 22 and electronically transmit that data to a health care
129129 23 professional or facility at a different location for
130130 24 collection and interpretation.
131131 25 "Telehealth services" means the evaluation, diagnosis, or
132132 26 interpretation of electronically transmitted patient-specific
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143143 1 data between a remote location and a licensed health care
144144 2 professional that generates interaction or treatment
145145 3 recommendations. "Telehealth services" includes telemedicine
146146 4 and the delivery of health care services, including mental
147147 5 health treatment and substance use disorder treatment and
148148 6 services to a patient, regardless of patient location,
149149 7 provided by way of an interactive telecommunications system,
150150 8 asynchronous store and forward system, remote patient
151151 9 monitoring technologies, e-visits, or virtual check-ins.
152152 10 "Virtual check-in" means a brief patient-initiated
153153 11 communication using a technology-based service, excluding
154154 12 facsimile, between an established patient and a health care
155155 13 professional. "Virtual check-in" does not include
156156 14 communications from a related office visit provided within the
157157 15 previous 7 days, nor communications that lead to an office
158158 16 visit or procedure within the next 24 hours or soonest
159159 17 available appointment.
160160 18 (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
161161 19 102-104, eff. 7-22-21.)
162162 20 Section 10. The Acupuncture Practice Act is amended by
163163 21 adding Section 14 as follows:
164164 22 (225 ILCS 2/14 new)
165165 23 Sec. 14. Telemedicine.
166166 24 (a) The General Assembly finds that, because technological
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177177 1 advances and changing practice patterns regarding the use of
178178 2 health care services are occurring with increasing frequency
179179 3 across state lines and across increasing geographical
180180 4 distances within this State, certain technological advances in
181181 5 the health care industry are in the public interest. Providing
182182 6 professional health care services is a privilege and is
183183 7 necessary for the protection of the public health, welfare,
184184 8 and safety, especially when a pandemic can limit access to
185185 9 traditional means of accessing healthcare services.
186186 10 (b) For purposes of this Act, "telemedicine" means the
187187 11 performance of acupuncture limited to modalities and
188188 12 consultations that do not involve the insertion of needles and
189189 13 that are provided via technology or telecommunication methods.
190190 14 (c) The standard of care for a patient under this Act shall
191191 15 be the same whether a patient is seen in person, through
192192 16 telemedicine, or through another method of
193193 17 electronically-enabled health care. The Department shall, by
194194 18 rule, determine the appropriate acupuncture services allowed
195195 19 via telemedicine in consultation with the Board.
196196 20 (d) A person who engages in the practice of telemedicine
197197 21 without a license issued under this Act shall be subject to the
198198 22 penalties provided in Section 105.
199199 23 (e) If the Department has reason to believe that a person
200200 24 has violated this Section, the Department may issue a rule to
201201 25 show cause stating the reasons why an order to cease and desist
202202 26 should not be entered against the person. The rule shall
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