SB2259sam001 104TH GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 3/12/2025

10400SB2259sam001 LRB104 09338 AAS 23205 a

AMENDMENT TO SENATE BILL 2259

AMENDMENT NO. ______. Amend Senate Bill 2259 by replacing everything after the enacting clause with the following:

"Section 5. The Medical Practice Act of 1987 is amended by adding Section 67 as follows:

(225 ILCS 60/67 new)

Sec. 67. Use of generative artificial intelligence.

(a) As used in this Section:

"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following:

(1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers;

(2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images;

(3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and

(4) other content that would be otherwise produced by human means.

"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.

(b) A physician licensed under this Act who uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications include both of the following:

(1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence and that is provided in the following manner:

(A) for written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication;

(B) for written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction;

(C) for audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction; or

(D) for video communications, the disclaimer shall be prominently displayed throughout the interaction.

(2) Clear instructions describing how a patient may contact the physician or other appropriate person.

(c) If a communication is generated by generative artificial intelligence and read and reviewed by a human licensed under this Act or by someone otherwise appropriately delegated to under Sections 54.2 and 54.5, the requirements of subsection (b) do not apply.

(d) A violation of this Section by a physician shall constitute a violation of this Act and shall be grounds for disciplinary action provided for in this Act.".