HB 2862

Abstract

Amends the Acupuncture Practice Act. 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 provisions concerning unlicensed practice. Provides that for purposes of the Act, telemedicine means the performance of acupuncture provided via technology or telecommunication methods. Provides that the standard of care shall be the same whether a patient is seen in person, through telehealth, or another method of electronically enabled health care. Provides that the Department of Financial and Professional Regulation shall, by rule, determine the appropriate acupuncture services allowed via telemedicine in consultation with the Board of Acupuncture. Provides that whenever the Department has reason to believe that a person has violated the provisions concerning telemedicine, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. Provides that an out-of-state person providing a service allowed under the provisions to a patient residing in the State through the practice of telemedicine submits himself or herself to the jurisdiction of the Department and the courts of the State. Amends the Telehealth Act. Changes the definition of "health care professional" to include acupuncturists. Effective immediately. House Floor Amendment No. 1 In provisions concerning telemedicine, provides that a person licensed under the Act shall only be allowed to provide services through telemedicine during a public health emergency declared by the Governor. Senate Committee Amendment No. 1 Deletes reference to: 225 ILCS 2/14 new 225 ILCS 150/5 Adds reference to: 820 ILCS 175/2 820 ILCS 175/5 820 ILCS 175/11 new 820 ILCS 175/30 820 ILCS 175/42 new 820 ILCS 175/45 820 ILCS 175/50 820 ILCS 175/55 820 ILCS 175/67 new 820 ILCS 175/70 820 ILCS 175/85 Replaces everything after the enacting clause. Amends the Day and Temporary Labor Services Act. Provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer's right to refuse the assignment without prejudice to receiving another assignment. Provides that a day or temporary laborer who is assigned to work at a third party client for more than 60 calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions. Provides that upon a reasonable belief that a day and temporary labor service agency or a third party client is in violation of any part of the Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides. Provides that before the assignment of an employee to a worksite employer, a day and temporary labor service agency must: (i) inquire about the client company's safety and health practices and hazards at the actual workplace where the day or temporary laborer will be working; (ii) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite; (iii) transmit a general description of the training program; (iv) provide the Department of Labor's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer; and (v) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace. Makes changes to the monetary amounts of registration fees and penalties. Defines "interested party". Makes other changes. Effective July 1, 2023. Senate Floor Amendment No. 2 Provides that a day or temporary laborer who is assigned to work at a third party client for more than 90 (rather than 60) calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions. Provides that upon request, a third party client to which a day or temporary laborer has been assigned for more than 90 (rather than 60) calendar days shall be obligated to timely provide the day and temporary labor service agency with all necessary information related to job duties, pay, and benefits of directly hired employees necessary for the day and temporary labor service agency to comply with the amendatory Act.