Bill Amendment: IL SB0336 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CANNABIS-MEDICAL CONDITIONS
Status: 2018-08-28 - Public Act . . . . . . . . . 100-1114 [SB0336 Detail]
Download: Illinois-2017-SB0336-House_Amendment_002.html
Bill Title: CANNABIS-MEDICAL CONDITIONS
Status: 2018-08-28 - Public Act . . . . . . . . . 100-1114 [SB0336 Detail]
Download: Illinois-2017-SB0336-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 336
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2 | AMENDMENT NO. ______. Amend Senate Bill 336 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be referred to as the | ||||||
5 | Alternatives
to Opioids Act of 2018.
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6 | Section 10. The Illinois Procurement Code is amended by | ||||||
7 | changing Section 1-10 as follows:
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8 | (30 ILCS 500/1-10)
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9 | Sec. 1-10. Application.
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10 | (a) This Code applies only to procurements for which | ||||||
11 | bidders, offerors, potential contractors, or contractors were | ||||||
12 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
13 | be construed to affect
or impair any contract, or any provision | ||||||
14 | of a contract, entered into based on a
solicitation prior to | ||||||
15 | the implementation date of this Code as described in
Article |
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1 | 99, including but not limited to any covenant entered into with | ||||||
2 | respect
to any revenue bonds or similar instruments.
All | ||||||
3 | procurements for which contracts are solicited between the | ||||||
4 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
5 | substantially in accordance
with this Code and its intent.
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6 | (b) This Code shall apply regardless of the source of the | ||||||
7 | funds with which
the contracts are paid, including federal | ||||||
8 | assistance moneys. This
Code shall
not apply to:
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9 | (1) Contracts between the State and its political | ||||||
10 | subdivisions or other
governments, or between State | ||||||
11 | governmental bodies, except as specifically provided in | ||||||
12 | this Code.
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13 | (2) Grants, except for the filing requirements of | ||||||
14 | Section 20-80.
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15 | (3) Purchase of care, except as provided in Section | ||||||
16 | 5-30.6 of the Illinois Public Aid
Code and this Section.
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17 | (4) Hiring of an individual as employee and not as an | ||||||
18 | independent
contractor, whether pursuant to an employment | ||||||
19 | code or policy or by contract
directly with that | ||||||
20 | individual.
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21 | (5) Collective bargaining contracts.
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22 | (6) Purchase of real estate, except that notice of this | ||||||
23 | type of contract with a value of more than $25,000 must be | ||||||
24 | published in the Procurement Bulletin within 10 calendar | ||||||
25 | days after the deed is recorded in the county of | ||||||
26 | jurisdiction. The notice shall identify the real estate |
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1 | purchased, the names of all parties to the contract, the | ||||||
2 | value of the contract, and the effective date of the | ||||||
3 | contract.
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4 | (7) Contracts necessary to prepare for anticipated | ||||||
5 | litigation, enforcement
actions, or investigations, | ||||||
6 | provided
that the chief legal counsel to the Governor shall | ||||||
7 | give his or her prior
approval when the procuring agency is | ||||||
8 | one subject to the jurisdiction of the
Governor, and | ||||||
9 | provided that the chief legal counsel of any other | ||||||
10 | procuring
entity
subject to this Code shall give his or her | ||||||
11 | prior approval when the procuring
entity is not one subject | ||||||
12 | to the jurisdiction of the Governor.
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13 | (8) (Blank).
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14 | (9) Procurement expenditures by the Illinois | ||||||
15 | Conservation Foundation
when only private funds are used.
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16 | (10) (Blank). | ||||||
17 | (11) Public-private agreements entered into according | ||||||
18 | to the procurement requirements of Section 20 of the | ||||||
19 | Public-Private Partnerships for Transportation Act and | ||||||
20 | design-build agreements entered into according to the | ||||||
21 | procurement requirements of Section 25 of the | ||||||
22 | Public-Private Partnerships for Transportation Act. | ||||||
23 | (12) Contracts for legal, financial, and other | ||||||
24 | professional and artistic services entered into on or | ||||||
25 | before December 31, 2018 by the Illinois Finance Authority | ||||||
26 | in which the State of Illinois is not obligated. Such |
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1 | contracts shall be awarded through a competitive process | ||||||
2 | authorized by the Board of the Illinois Finance Authority | ||||||
3 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
4 | 50-35, and 50-37 of this Code, as well as the final | ||||||
5 | approval by the Board of the Illinois Finance Authority of | ||||||
6 | the terms of the contract. | ||||||
7 | (13) Contracts for services, commodities, and | ||||||
8 | equipment to support the delivery of timely forensic | ||||||
9 | science services in consultation with and subject to the | ||||||
10 | approval of the Chief Procurement Officer as provided in | ||||||
11 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
12 | Corrections, except for the requirements of Sections | ||||||
13 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
14 | Code; however, the Chief Procurement Officer may, in | ||||||
15 | writing with justification, waive any certification | ||||||
16 | required under Article 50 of this Code. For any contracts | ||||||
17 | for services which are currently provided by members of a | ||||||
18 | collective bargaining agreement, the applicable terms of | ||||||
19 | the collective bargaining agreement concerning | ||||||
20 | subcontracting shall be followed. | ||||||
21 | On and after January 1, 2019, this paragraph (13), | ||||||
22 | except for this sentence, is inoperative. | ||||||
23 | (14) Contracts for participation expenditures required | ||||||
24 | by a domestic or international trade show or exhibition of | ||||||
25 | an exhibitor, member, or sponsor. | ||||||
26 | (15) Contracts with a railroad or utility that requires |
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1 | the State to reimburse the railroad or utilities for the | ||||||
2 | relocation of utilities for construction or other public | ||||||
3 | purpose. Contracts included within this paragraph (15) | ||||||
4 | shall include, but not be limited to, those associated | ||||||
5 | with: relocations, crossings, installations, and | ||||||
6 | maintenance. For the purposes of this paragraph (15), | ||||||
7 | "railroad" means any form of non-highway ground | ||||||
8 | transportation that runs on rails or electromagnetic | ||||||
9 | guideways and "utility" means: (1) public utilities as | ||||||
10 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
11 | telecommunications carriers as defined in Section 13-202 | ||||||
12 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
13 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
14 | telephone or telecommunications cooperatives as defined in | ||||||
15 | Section 13-212 of the Public Utilities Act, (5) rural water | ||||||
16 | or waste water systems with 10,000 connections or less, (6) | ||||||
17 | a holder as defined in Section 21-201 of the Public | ||||||
18 | Utilities Act, and (7) municipalities owning or operating | ||||||
19 | utility systems consisting of public utilities as that term | ||||||
20 | is defined in Section 11-117-2 of the Illinois Municipal | ||||||
21 | Code. | ||||||
22 | (16) Procurement expenditures necessary for the | ||||||
23 | Department of Agriculture, the Department of Financial and | ||||||
24 | Professional Regulation, the Department of Human Services, | ||||||
25 | and the Department of Public Health to implement the | ||||||
26 | Compassionate Use of Medical Cannabis Pilot Program and |
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1 | Opioid Alternative Pilot Program requirements and ensure | ||||||
2 | access to medical cannabis for patients with debilitating | ||||||
3 | medical conditions in accordance with the Compassionate | ||||||
4 | Use of Medical Cannabis Pilot Program Act. | ||||||
5 | Notwithstanding any other provision of law, for contracts | ||||||
6 | entered into on or after October 1, 2017 under an exemption | ||||||
7 | provided in any paragraph of this subsection (b), except | ||||||
8 | paragraph (1), (2), or (5), each State agency shall post to the | ||||||
9 | appropriate procurement bulletin the name of the contractor, a | ||||||
10 | description of the supply or service provided, the total amount | ||||||
11 | of the contract, the term of the contract, and the exception to | ||||||
12 | the Code utilized. The chief procurement officer shall submit a | ||||||
13 | report to the Governor and General Assembly no later than | ||||||
14 | November 1 of each year that shall include, at a minimum, an | ||||||
15 | annual summary of the monthly information reported to the chief | ||||||
16 | procurement officer. | ||||||
17 | (c) This Code does not apply to the electric power | ||||||
18 | procurement process provided for under Section 1-75 of the | ||||||
19 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
20 | Utilities Act. | ||||||
21 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
22 | and as expressly required by Section 9.1 of the Illinois | ||||||
23 | Lottery Law, the provisions of this Code do not apply to the | ||||||
24 | procurement process provided for under Section 9.1 of the | ||||||
25 | Illinois Lottery Law. | ||||||
26 | (e) This Code does not apply to the process used by the |
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1 | Capital Development Board to retain a person or entity to | ||||||
2 | assist the Capital Development Board with its duties related to | ||||||
3 | the determination of costs of a clean coal SNG brownfield | ||||||
4 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
5 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
6 | the Public Utilities Act, including calculating the range of | ||||||
7 | capital costs, the range of operating and maintenance costs, or | ||||||
8 | the sequestration costs or monitoring the construction of clean | ||||||
9 | coal SNG brownfield facility for the full duration of | ||||||
10 | construction. | ||||||
11 | (f) (Blank). | ||||||
12 | (g) (Blank). | ||||||
13 | (h) This Code does not apply to the process to procure or | ||||||
14 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
15 | 11-5.3 of the Illinois Public Aid Code. | ||||||
16 | (i) Each chief procurement officer may access records | ||||||
17 | necessary to review whether a contract, purchase, or other | ||||||
18 | expenditure is or is not subject to the provisions of this | ||||||
19 | Code, unless such records would be subject to attorney-client | ||||||
20 | privilege. | ||||||
21 | (j) This Code does not apply to the process used by the | ||||||
22 | Capital Development Board to retain an artist or work or works | ||||||
23 | of art as required in Section 14 of the Capital Development | ||||||
24 | Board Act. | ||||||
25 | (k) This Code does not apply to the process to procure | ||||||
26 | contracts, or contracts entered into, by the State Board of |
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1 | Elections or the State Electoral Board for hearing officers | ||||||
2 | appointed pursuant to the Election Code. | ||||||
3 | (l) This Code does not apply to the processes used by the | ||||||
4 | Illinois Student Assistance Commission to procure supplies and | ||||||
5 | services paid for from the private funds of the Illinois | ||||||
6 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
7 | funds" means funds derived from deposits paid into the Illinois | ||||||
8 | Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
9 | (Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17; | ||||||
10 | 100-580, eff. 3-12-18.)
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11 | Section 15. The Compassionate Use of Medical Cannabis Pilot | ||||||
12 | Program Act is amended by changing Sections 5, 7, 10, 35, 55, | ||||||
13 | 60, 65, 75, 130, and 160 and by adding Sections 36 and 62 as | ||||||
14 | follows:
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15 | (410 ILCS 130/5) | ||||||
16 | (Section scheduled to be repealed on July 1, 2020)
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17 | Sec. 5. Findings.
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18 | (a) The recorded use of cannabis as a medicine goes back | ||||||
19 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
20 | beneficial uses of cannabis in treating or alleviating the | ||||||
21 | pain, nausea, and other symptoms associated with a variety of | ||||||
22 | debilitating medical conditions, including cancer, multiple | ||||||
23 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
24 | Sciences' Institute of Medicine in March 1999.
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1 | (b) Studies published since the 1999 Institute of Medicine | ||||||
2 | report continue to show the therapeutic value of cannabis in | ||||||
3 | treating a wide array of debilitating medical conditions. These | ||||||
4 | include relief of the neuropathic pain caused by multiple | ||||||
5 | sclerosis, HIV/AIDS, and other illnesses that often fail to | ||||||
6 | respond to conventional treatments and relief of nausea, | ||||||
7 | vomiting, and other side effects of drugs used to treat | ||||||
8 | HIV/AIDS and hepatitis C, increasing the chances of patients | ||||||
9 | continuing on life-saving treatment regimens.
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10 | (c) Cannabis has many currently accepted medical uses in | ||||||
11 | the United States, having been recommended by thousands of | ||||||
12 | licensed physicians to at least 600,000 patients in states with | ||||||
13 | medical cannabis laws. The medical utility of cannabis is | ||||||
14 | recognized by a wide range of medical and public health | ||||||
15 | organizations, including the American Academy of HIV Medicine, | ||||||
16 | the American College of Physicians, the American Nurses | ||||||
17 | Association, the American Public Health Association, the | ||||||
18 | Leukemia & Lymphoma Society, and many others.
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19 | (d) Data from the Federal Bureau of Investigation's Uniform | ||||||
20 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||
21 | show that approximately 99 out of every 100 cannabis arrests in | ||||||
22 | the U.S. are made under state law, rather than under federal | ||||||
23 | law. Consequently, changing State law will have the practical | ||||||
24 | effect of protecting from arrest the vast majority of seriously | ||||||
25 | ill patients who have a medical need to use cannabis.
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26 | (d-5) In 2014, the Task Force on Veterans' Suicide was |
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1 | created by the Illinois General Assembly to gather data on | ||||||
2 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
3 | Veterans Affairs study indicates that 22 veterans commit | ||||||
4 | suicide each day. | ||||||
5 | (d-10) According to the State of Illinois Opioid Action
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6 | Plan released in September 2017, "The opioid epidemic is the
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7 | most significant public health and public safety crisis facing
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8 | Illinois".
According to the Action Plan, "Fueled by the growing | ||||||
9 | opioid
epidemic, drug overdoses have now become the leading | ||||||
10 | cause of
death nationwide for people under the age of 50. In | ||||||
11 | Illinois,
opioid overdoses have killed nearly 11,000 people | ||||||
12 | since 2008.
Just last year, nearly 1,900 people died of | ||||||
13 | overdoses—almost
twice the number of fatal car accidents. | ||||||
14 | Beyond these deaths
are thousands of emergency department | ||||||
15 | visits, hospital stays,
as well as the pain suffered by | ||||||
16 | individuals, families, and
communities". | ||||||
17 | According to the Action Plan, "At the current rate, the
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18 | opioid epidemic will claim the lives of more than 2,700
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19 | Illinoisans in 2020". | ||||||
20 | Further, the Action Plan states, "Physical tolerance to
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21 | opioids can begin to develop as early as two to three days
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22 | following the continuous use of opioids, which is a large
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23 | factor that contributes to their addictive potential". | ||||||
24 | The 2017 State of Illinois Opioid Action Plan also states,
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25 | "The increase in OUD [opioid use disorder] and opioid overdose
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26 | deaths is largely due to the dramatic rise in the rate and
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1 | amount of opioids prescribed for pain over the past decades". | ||||||
2 | Further, according to the Action Plan, "In the absence of
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3 | alternative treatments, reducing the supply of prescription | ||||||
4 | opioids too abruptly may drive more people to switch to using
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5 | illicit drugs (including heroin), thus increasing the risk of
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6 | overdose". | ||||||
7 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
8 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
9 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
10 | Washington, and Washington, D.C. have removed state-level | ||||||
11 | criminal penalties from the medical use and cultivation of | ||||||
12 | cannabis. Illinois joins in this effort for the health and | ||||||
13 | welfare of its citizens.
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14 | (f) States are not required to enforce federal law or | ||||||
15 | prosecute people for engaging in activities prohibited by | ||||||
16 | federal law. Therefore, compliance with this Act does not put | ||||||
17 | the State of Illinois in violation of federal law.
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18 | (g) State law should make a distinction between the medical | ||||||
19 | and non-medical uses of cannabis. Hence, the purpose of this | ||||||
20 | Act is to protect patients with debilitating medical | ||||||
21 | conditions, as well as their physicians and providers, from | ||||||
22 | arrest and prosecution, criminal and other penalties, and | ||||||
23 | property forfeiture if the patients engage in the medical use | ||||||
24 | of cannabis.
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25 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
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1 | (410 ILCS 130/7) | ||||||
2 | (Section scheduled to be repealed on July 1, 2020) | ||||||
3 | Sec. 7. Lawful user and lawful products. For the purposes | ||||||
4 | of this Act and to clarify the legislative findings on the | ||||||
5 | lawful use of cannabis: | ||||||
6 | (1) A cardholder under this Act shall not be considered | ||||||
7 | an unlawful user or addicted to narcotics solely as a | ||||||
8 | result of his or her qualifying patient or designated | ||||||
9 | caregiver status. | ||||||
10 | (2) All medical cannabis products purchased by a | ||||||
11 | qualifying patient at a licensed dispensing organization | ||||||
12 | shall be lawful products and a distinction shall be made | ||||||
13 | between medical and non-medical uses of cannabis as a | ||||||
14 | result of the qualifying patient's cardholder status , | ||||||
15 | provisional registration for qualifying patient cardholder | ||||||
16 | status, or participation in the Opioid Alternative Pilot | ||||||
17 | Program under the authorized use granted under State law. | ||||||
18 | (3) An individual with a provisional registration for | ||||||
19 | qualifying patient cardholder status, a qualifying patient | ||||||
20 | in the medical cannabis pilot program, or an Opioid | ||||||
21 | Alternative Pilot
Program participant under Section 62 | ||||||
22 | shall not be considered an unlawful user or addicted
to | ||||||
23 | narcotics solely as a result of his or her application to | ||||||
24 | or participation in the program.
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25 | (Source: P.A. 99-519, eff. 6-30-16.)
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1 | (410 ILCS 130/10) | ||||||
2 | (Section scheduled to be repealed on July 1, 2020)
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3 | Sec. 10. Definitions. The following terms, as used in this | ||||||
4 | Act, shall have the meanings set forth in this Section:
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5 | (a) "Adequate supply" means:
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6 | (1) 2.5 ounces of usable cannabis during a period of 14 | ||||||
7 | days and that is derived solely from an intrastate source.
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8 | (2) Subject to the rules of the Department of Public | ||||||
9 | Health, a patient may apply for a waiver where a physician | ||||||
10 | provides a substantial medical basis in a signed, written | ||||||
11 | statement asserting that, based on the patient's medical | ||||||
12 | history, in the physician's professional judgment, 2.5 | ||||||
13 | ounces is an insufficient adequate supply for a 14-day | ||||||
14 | period to properly alleviate the patient's debilitating | ||||||
15 | medical condition or symptoms associated with the | ||||||
16 | debilitating medical condition.
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17 | (3) This subsection may not be construed to authorize | ||||||
18 | the possession of more than 2.5 ounces at any time without | ||||||
19 | authority from the Department of Public Health.
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20 | (4) The pre-mixed weight of medical cannabis used in | ||||||
21 | making a cannabis infused product shall apply toward the | ||||||
22 | limit on the total amount of medical cannabis a registered | ||||||
23 | qualifying patient may possess at any one time. | ||||||
24 | (b) "Cannabis" has the meaning given that term in Section 3 | ||||||
25 | of the Cannabis Control Act.
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26 | (c) "Cannabis plant monitoring system" means a system that |
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1 | includes, but is not limited to, testing and data collection | ||||||
2 | established and maintained by the registered cultivation | ||||||
3 | center and available to the Department for the purposes of | ||||||
4 | documenting each cannabis plant and for monitoring plant | ||||||
5 | development throughout the life cycle of a cannabis plant | ||||||
6 | cultivated for the intended use by a qualifying patient from | ||||||
7 | seed planting to final packaging.
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8 | (d) "Cardholder" means a qualifying patient or a designated | ||||||
9 | caregiver who has been issued and possesses a valid registry | ||||||
10 | identification card by the Department of Public Health.
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11 | (e) "Cultivation center" means a facility operated by an | ||||||
12 | organization or business that is registered by the Department | ||||||
13 | of Agriculture to perform necessary activities to provide only | ||||||
14 | registered medical cannabis dispensing organizations with | ||||||
15 | usable medical cannabis.
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16 | (f) "Cultivation center agent" means a principal officer, | ||||||
17 | board member, employee, or agent of a registered cultivation | ||||||
18 | center who is 21 years of age or older and has not been | ||||||
19 | convicted of an excluded offense.
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20 | (g) "Cultivation center agent identification card" means a | ||||||
21 | document issued by the Department of Agriculture that | ||||||
22 | identifies a person as a cultivation center agent.
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23 | (h) "Debilitating medical condition" means one or more of | ||||||
24 | the following: | ||||||
25 | (1) cancer, glaucoma, positive status for human | ||||||
26 | immunodeficiency virus, acquired immune deficiency |
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1 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
2 | Crohn's disease, agitation of Alzheimer's disease, | ||||||
3 | cachexia/wasting syndrome, muscular dystrophy, severe | ||||||
4 | fibromyalgia, spinal cord disease, including but not | ||||||
5 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
6 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||||||
7 | spinal cord injury, traumatic brain injury and | ||||||
8 | post-concussion syndrome, Multiple Sclerosis, | ||||||
9 | Arnold-Chiari malformation and Syringomyelia, | ||||||
10 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
11 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
12 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
13 | (Complex Regional Pain Syndromes Type II), | ||||||
14 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
15 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
16 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
17 | syndrome, residual limb pain, seizures (including those | ||||||
18 | characteristic of epilepsy), post-traumatic stress | ||||||
19 | disorder (PTSD), or the treatment of these conditions;
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20 | (1.5) terminal illness with a diagnosis of 6 months or | ||||||
21 | less; if the terminal illness is not one of the qualifying | ||||||
22 | debilitating medical conditions, then the physician shall | ||||||
23 | on the certification form identify the cause of the | ||||||
24 | terminal illness; or | ||||||
25 | (2) any other debilitating medical condition or its | ||||||
26 | treatment that is added by the Department of Public Health |
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1 | by rule as provided in Section 45. | ||||||
2 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
3 | least 21 years of age; (2) has agreed to assist with a | ||||||
4 | patient's medical use of cannabis; (3) has not been convicted | ||||||
5 | of an excluded offense; and (4) assists no more than one | ||||||
6 | registered qualifying patient with his or her medical use of | ||||||
7 | cannabis.
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8 | (j) "Dispensing organization agent identification card" | ||||||
9 | means a document issued by the Department of Financial and | ||||||
10 | Professional Regulation that identifies a person as a medical | ||||||
11 | cannabis dispensing organization agent.
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12 | (k) "Enclosed, locked facility" means a room, greenhouse, | ||||||
13 | building, or other enclosed area equipped with locks or other | ||||||
14 | security devices that permit access only by a cultivation | ||||||
15 | center's agents or a dispensing organization's agent working | ||||||
16 | for the registered cultivation center or the registered | ||||||
17 | dispensing organization to cultivate, store, and distribute | ||||||
18 | cannabis for registered qualifying patients.
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19 | (l) "Excluded offense" for cultivation center agents and | ||||||
20 | dispensing organizations means:
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21 | (1) a violent crime defined in Section 3 of the Rights | ||||||
22 | of Crime Victims and Witnesses Act or a substantially | ||||||
23 | similar offense that was classified as a felony in the | ||||||
24 | jurisdiction where the person was convicted; or
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25 | (2) a violation of a state or federal controlled | ||||||
26 | substance law, the Cannabis Control Act, or the |
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1 | Methamphetamine Control and Community Protection Act that | ||||||
2 | was classified as a felony in the jurisdiction where the | ||||||
3 | person was convicted, except that the registering | ||||||
4 | Department may waive this restriction if the person | ||||||
5 | demonstrates to the registering Department's satisfaction | ||||||
6 | that his or her conviction was for the possession, | ||||||
7 | cultivation, transfer, or delivery of a reasonable amount | ||||||
8 | of cannabis intended for medical use. This exception does | ||||||
9 | not apply if the conviction was under state law and | ||||||
10 | involved a violation of an existing medical cannabis law.
| ||||||
11 | For purposes of this subsection, the Department of Public | ||||||
12 | Health shall determine by emergency rule within 30 days after | ||||||
13 | the effective date of this amendatory Act of the 99th General | ||||||
14 | Assembly what constitutes a "reasonable amount". | ||||||
15 | (l-5) (Blank). "Excluded offense" for a qualifying patient | ||||||
16 | or designated caregiver means a violation of state or federal | ||||||
17 | controlled substance law, the Cannabis Control Act, or the | ||||||
18 | Methamphetamine and Community Protection Act that was | ||||||
19 | classified as a felony in the jurisdiction where the person was | ||||||
20 | convicted, except that the registering Department may waive | ||||||
21 | this restriction if the person demonstrates to the registering | ||||||
22 | Department's satisfaction that his or her conviction was for | ||||||
23 | the possession, cultivation, transfer, or delivery of a | ||||||
24 | reasonable amount of cannabis intended for medical use. This | ||||||
25 | exception does not apply if the conviction was under state law | ||||||
26 | and involved a violation of an existing medical cannabis law. |
| |||||||
| |||||||
1 | For purposes of this subsection, the Department of Public | ||||||
2 | Health shall determine by emergency rule within 30 days after | ||||||
3 | the effective date of this amendatory Act of the 99th General | ||||||
4 | Assembly what constitutes a "reasonable amount". | ||||||
5 | (l-10) "Illinois Cannabis Tracking System" means a | ||||||
6 | web-based system established and maintained by the Department | ||||||
7 | of Public Health that is available to the Department of | ||||||
8 | Agriculture, the Department of Financial and Professional | ||||||
9 | Regulation, the Illinois State Police, and registered medical | ||||||
10 | cannabis dispensing organizations on a 24-hour basis to upload | ||||||
11 | written certifications for Opioid Alternative Pilot Program | ||||||
12 | participants, to verify Opioid Alternative Pilot Program | ||||||
13 | participants, to verify Opioid Alternative Pilot Program | ||||||
14 | participants' available cannabis allotment and assigned | ||||||
15 | dispensary, and the tracking of the date of sale, amount, and | ||||||
16 | price of medical cannabis purchased by an Opioid Alternative | ||||||
17 | Pilot Program participant. | ||||||
18 | (m) "Medical cannabis cultivation center registration" | ||||||
19 | means a registration issued by the Department of Agriculture. | ||||||
20 | (n) "Medical cannabis container" means a sealed, | ||||||
21 | traceable, food compliant, tamper resistant, tamper evident | ||||||
22 | container, or package used for the purpose of containment of | ||||||
23 | medical cannabis from a cultivation center to a dispensing | ||||||
24 | organization.
| ||||||
25 | (o) "Medical cannabis dispensing organization", or | ||||||
26 | "dispensing organization", or "dispensary organization" means |
| |||||||
| |||||||
1 | a facility operated by an organization or business that is | ||||||
2 | registered by the Department of Financial and Professional | ||||||
3 | Regulation to acquire medical cannabis from a registered | ||||||
4 | cultivation center for the purpose of dispensing cannabis, | ||||||
5 | paraphernalia, or related supplies and educational materials | ||||||
6 | to registered qualifying patients , individuals with a | ||||||
7 | provisional registration for qualifying patient cardholder | ||||||
8 | status, or an Opioid Alternative Pilot Program participant .
| ||||||
9 | (p) "Medical cannabis dispensing organization agent" or | ||||||
10 | "dispensing organization agent" means a principal officer, | ||||||
11 | board member, employee, or agent of a registered medical | ||||||
12 | cannabis dispensing organization who is 21 years of age or | ||||||
13 | older and has not been convicted of an excluded offense.
| ||||||
14 | (q) "Medical cannabis infused product" means food, oils, | ||||||
15 | ointments, or other products containing usable cannabis that | ||||||
16 | are not smoked.
| ||||||
17 | (r) "Medical use" means the acquisition; administration; | ||||||
18 | delivery; possession; transfer; transportation; or use of | ||||||
19 | cannabis to treat or alleviate a registered qualifying | ||||||
20 | patient's debilitating medical condition or symptoms | ||||||
21 | associated with the patient's debilitating medical condition.
| ||||||
22 | (r-5) "Opioid" means a narcotic drug or substance that is a
| ||||||
23 | Schedule II controlled substance under paragraph (1), (2), (3),
| ||||||
24 | or (5) of subsection (b) or under subsection (c) of Section 206
| ||||||
25 | of the Illinois Controlled Substances Act. | ||||||
26 | (r-10) "Opioid Alternative Pilot Program participant" |
| |||||||
| |||||||
1 | means an individual who has
received a valid written | ||||||
2 | certification to participate in the Opioid Alternative Pilot | ||||||
3 | Program for a medical condition for
which an opioid has been or | ||||||
4 | could be prescribed by a physician
based on generally accepted | ||||||
5 | standards of care. | ||||||
6 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
7 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
8 | practice medicine and who has a controlled substances license | ||||||
9 | under Article III of the Illinois Controlled Substances Act. It | ||||||
10 | does not include a licensed practitioner under any other Act | ||||||
11 | including but not limited to the Illinois Dental Practice Act.
| ||||||
12 | (s-5) "Provisional registration" means a document issued | ||||||
13 | by the Department of Public Health to a qualifying patient who | ||||||
14 | has submitted: (1) an online application and paid a fee to | ||||||
15 | participate in Compassionate Use of Medical Cannabis Pilot | ||||||
16 | Program pending approval or denial of the patient's | ||||||
17 | application; or (2) a completed application for terminal | ||||||
18 | illness. | ||||||
19 | (t) "Qualifying patient" means a person who has been | ||||||
20 | diagnosed by a physician as having a debilitating medical | ||||||
21 | condition.
| ||||||
22 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
23 | certified by the Department of Agriculture, Department of | ||||||
24 | Public Health, or Department of Financial and Professional | ||||||
25 | Regulation.
| ||||||
26 | (v) "Registry identification card" means a document issued |
| |||||||
| |||||||
1 | by the Department of Public Health that identifies a person as | ||||||
2 | a registered qualifying patient or registered designated | ||||||
3 | caregiver.
| ||||||
4 | (w) "Usable cannabis" means the seeds, leaves, buds, and | ||||||
5 | flowers of the cannabis plant and any mixture or preparation | ||||||
6 | thereof, but does not include the stalks, and roots of the | ||||||
7 | plant. It does not include the weight of any non-cannabis | ||||||
8 | ingredients combined with cannabis, such as ingredients added | ||||||
9 | to prepare a topical administration, food, or drink.
| ||||||
10 | (x) "Verification system" means a Web-based system | ||||||
11 | established and maintained by the Department of Public Health | ||||||
12 | that is available to the Department of Agriculture, the | ||||||
13 | Department of Financial and Professional Regulation, law | ||||||
14 | enforcement personnel, and registered medical cannabis | ||||||
15 | dispensing organization agents on a 24-hour basis for the | ||||||
16 | verification of registry
identification cards, the tracking of | ||||||
17 | delivery of medical cannabis to medical cannabis dispensing | ||||||
18 | organizations, and the tracking of the date of sale, amount, | ||||||
19 | and price of medical cannabis purchased by a registered | ||||||
20 | qualifying patient.
| ||||||
21 | (y) "Written certification" means a document dated and | ||||||
22 | signed by a physician, stating (1) that the qualifying patient | ||||||
23 | has a debilitating medical condition and specifying the | ||||||
24 | debilitating medical condition the qualifying patient has; and | ||||||
25 | (2) that (A) the physician is treating or managing treatment of | ||||||
26 | the patient's debilitating medical condition ; or (B) an Opioid |
| |||||||
| |||||||
1 | Alternative Pilot Program participant has a medical condition | ||||||
2 | for which opioids have been or could be prescribed . A written | ||||||
3 | certification shall be made only in the course of a bona fide | ||||||
4 | physician-patient relationship, after the physician has | ||||||
5 | completed an assessment of either a the qualifying patient's | ||||||
6 | medical history or Opioid Alternative Pilot Program | ||||||
7 | participant , reviewed relevant records related to the | ||||||
8 | patient's debilitating condition, and conducted a physical | ||||||
9 | examination. | ||||||
10 | (z) "Bona fide physician-patient relationship" means a
| ||||||
11 | relationship established at a hospital, physician's office, or | ||||||
12 | other health care facility in which the physician has an | ||||||
13 | ongoing responsibility for the assessment, care, and treatment | ||||||
14 | of a
patient's debilitating medical condition or a symptom of | ||||||
15 | the
patient's debilitating medical condition. | ||||||
16 | A veteran who has received treatment at a VA hospital shall | ||||||
17 | be deemed to have a bona fide physician-patient relationship | ||||||
18 | with a VA physician if the patient has been seen for his or her | ||||||
19 | debilitating medical condition at the VA Hospital in accordance | ||||||
20 | with VA Hospital protocols. | ||||||
21 | A bona fide physician-patient relationship under this | ||||||
22 | subsection is a privileged communication within the meaning of | ||||||
23 | Section 8-802 of the Code of Civil Procedure.
| ||||||
24 | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||||||
25 | eff. 6-30-16.)
|
| |||||||
| |||||||
1 | (410 ILCS 130/35) | ||||||
2 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
3 | Sec. 35. Physician requirements.
| ||||||
4 | (a) A physician who certifies a debilitating medical | ||||||
5 | condition for a qualifying patient shall comply with all of the | ||||||
6 | following requirements:
| ||||||
7 | (1) The Physician shall be currently licensed under the | ||||||
8 | Medical Practice Act of 1987 to practice medicine in all | ||||||
9 | its branches and in good standing, and must hold a | ||||||
10 | controlled substances license under Article III of the | ||||||
11 | Illinois Controlled Substances Act.
| ||||||
12 | (2) A physician certifying a patient's condition shall | ||||||
13 | comply with generally accepted standards of medical | ||||||
14 | practice, the provisions of the Medical Practice Act of | ||||||
15 | 1987 and all applicable rules.
| ||||||
16 | (3) The physical examination required by this Act may | ||||||
17 | not be performed by remote means, including telemedicine.
| ||||||
18 | (4) The physician shall maintain a record-keeping | ||||||
19 | system for all patients for whom the physician has | ||||||
20 | certified the patient's medical condition. These records | ||||||
21 | shall be accessible to and subject to review by the | ||||||
22 | Department of Public Health and the Department of Financial | ||||||
23 | and Professional Regulation upon request.
| ||||||
24 | (b) A physician may not:
| ||||||
25 | (1) accept, solicit, or offer any form of remuneration | ||||||
26 | from or to a qualifying patient, primary caregiver, |
| |||||||
| |||||||
1 | cultivation center, or dispensing organization, including | ||||||
2 | each principal officer, board member, agent, and employee, | ||||||
3 | to certify a patient, other than accepting payment from a | ||||||
4 | patient for the fee associated with the required | ||||||
5 | examination; | ||||||
6 | (2) offer a discount of any other item of value to a | ||||||
7 | qualifying patient who uses or agrees to use a particular | ||||||
8 | primary caregiver or dispensing organization to obtain | ||||||
9 | medical cannabis;
| ||||||
10 | (3) conduct a personal physical examination of a | ||||||
11 | patient for purposes of diagnosing a debilitating medical | ||||||
12 | condition at a location where medical cannabis is sold or | ||||||
13 | distributed or at the address of a principal officer, | ||||||
14 | agent, or employee or a medical cannabis organization;
| ||||||
15 | (4) hold a direct or indirect economic interest in a | ||||||
16 | cultivation center or dispensing organization if he or she | ||||||
17 | recommends the use of medical cannabis to qualified | ||||||
18 | patients or is in a partnership or other fee or | ||||||
19 | profit-sharing relationship with a physician who | ||||||
20 | recommends medical cannabis, except for the limited | ||||||
21 | purpose of performing a medical cannabis related research | ||||||
22 | study;
| ||||||
23 | (5) serve on the board of directors or as an employee | ||||||
24 | of a cultivation center or dispensing organization;
| ||||||
25 | (6) refer patients to a cultivation center, a | ||||||
26 | dispensing organization, or a registered designated |
| |||||||
| |||||||
1 | caregiver;
or | ||||||
2 | (7) advertise in a cultivation center or a dispensing | ||||||
3 | organization.
| ||||||
4 | (c) The Department of Public Health may with reasonable | ||||||
5 | cause refer a physician, who has certified a debilitating | ||||||
6 | medical condition of a patient, to the Illinois Department of | ||||||
7 | Financial and Professional Regulation for potential violations | ||||||
8 | of this Section.
| ||||||
9 | (d) Any violation of this Section or any other provision of | ||||||
10 | this Act or rules adopted under this Act is a violation of the | ||||||
11 | Medical Practice Act of 1987.
| ||||||
12 | (e) A physician who certifies a debilitating medical | ||||||
13 | condition for a qualifying patient may notify the Department of | ||||||
14 | Public Health in writing: (1) if the physician has reason to | ||||||
15 | believe either that the
registered qualifying patient has | ||||||
16 | ceased to suffer from a
debilitating medical condition; (2) | ||||||
17 | that the bona fide physician-patient relationship has | ||||||
18 | terminated; or (3) that continued use of medical cannabis would | ||||||
19 | result in contraindication with the patient's
other | ||||||
20 | medication. The registered qualifying patient's registry
| ||||||
21 | identification card shall be revoked by the Department of | ||||||
22 | Public Health after receiving the physician's notification. | ||||||
23 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
24 | 99-519, eff. 6-30-16.)
| ||||||
25 | (410 ILCS 130/36 new) |
| |||||||
| |||||||
1 | Sec. 36. Written certification. | ||||||
2 | (a) A certification confirming a patient's debilitating | ||||||
3 | medical condition shall be written on a form provided by the | ||||||
4 | Department of Public Health and shall include, at a minimum, | ||||||
5 | the following: | ||||||
6 | (1) the qualifying patient's name, date of birth, home | ||||||
7 | address, and primary telephone number; | ||||||
8 | (2) the physician's name, address, telephone number, | ||||||
9 | email address, medical license number, and active | ||||||
10 | controlled substances license under the Illinois | ||||||
11 | Controlled Substances Act and indication of specialty or | ||||||
12 | primary area of clinical practice, if any; | ||||||
13 | (3) the qualifying patient's debilitating medical | ||||||
14 | condition; | ||||||
15 | (4) a statement that the physician has confirmed a | ||||||
16 | diagnosis of a debilitating condition; is treating or | ||||||
17 | managing treatment of the patient's debilitating | ||||||
18 | condition; has a bona fide physician-patient relationship; | ||||||
19 | has conducted an in-person physical examination; and has | ||||||
20 | conducted a review of the patient's medical history, | ||||||
21 | including reviewing medical records from other treating | ||||||
22 | physicians, if any, from the previous 12 months; | ||||||
23 | (5) the physician's signature and date of | ||||||
24 | certification; and | ||||||
25 | (6) a statement that a participant in possession of a | ||||||
26 | written certification indicating a debilitating medical |
| |||||||
| |||||||
1 | condition shall not be considered an unlawful user or | ||||||
2 | addicted to narcotics solely as a result of his or her | ||||||
3 | pending application to or participation in the | ||||||
4 | Compassionate Use of Medical Cannabis Pilot Program. | ||||||
5 | (b) A written certification does not constitute a | ||||||
6 | prescription for medical cannabis. | ||||||
7 | (c) Applications for qualifying patients under 18 years old | ||||||
8 | shall require a written certification from a physician and a | ||||||
9 | reviewing physician. | ||||||
10 | (d) A certification confirming the patient's eligibility | ||||||
11 | to participate in the Opioid Alternative Pilot Program shall be | ||||||
12 | written on a form provided by the Department of Public Health | ||||||
13 | and shall include, at a minimum, the following: | ||||||
14 | (1) the participant's name, date of birth, home | ||||||
15 | address, and primary telephone number; | ||||||
16 | (2) the physician's name, address, telephone number, | ||||||
17 | email address, medical license number, and active | ||||||
18 | controlled substances license under the Illinois | ||||||
19 | Controlled Substances Act and indication of specialty or | ||||||
20 | primary area of clinical practice, if any; | ||||||
21 | (3) the physician's signature and date; | ||||||
22 | (4) the length of participation in the program, which | ||||||
23 | shall be limited to no more than 90 days; | ||||||
24 | (5) a statement identifying the patient has been | ||||||
25 | diagnosed with and is currently undergoing treatment for a | ||||||
26 | medical condition where an opioid has been or could be |
| |||||||
| |||||||
1 | prescribed; and | ||||||
2 | (6) a statement that a participant in possession of a | ||||||
3 | written certification indicating eligibility to | ||||||
4 | participate in the Opioid Alternative Pilot Program shall | ||||||
5 | not be considered an unlawful user or addicted to narcotics | ||||||
6 | solely as a result of his or her eligibility or | ||||||
7 | participation in the program. | ||||||
8 | (e) The Department of Public Health may provide a single | ||||||
9 | certification form for subsections (a) and (d) of this Section, | ||||||
10 | provided that all requirements of those subsections are | ||||||
11 | included on the form. | ||||||
12 | (f) The Department of Public Health shall not include the | ||||||
13 | word "cannabis" on any application forms or written | ||||||
14 | certification forms that it issues under this Section. | ||||||
15 | (g) A written certification does not constitute a | ||||||
16 | prescription. | ||||||
17 | (h) It is unlawful for any person to knowingly submit a | ||||||
18 | fraudulent certification to be a qualifying patient in the | ||||||
19 | Compassionate Use of Medical Cannabis Pilot Program or an | ||||||
20 | Opioid Alternative Pilot Program participant. A violation of | ||||||
21 | this subsection shall result in the person who has knowingly | ||||||
22 | submitted the fraudulent certification being permanently | ||||||
23 | banned from participating in the Compassionate Use of Medical | ||||||
24 | Cannabis Pilot Program or the Opioid Alternative Pilot Program.
| ||||||
25 | (410 ILCS 130/55) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
2 | Sec. 55. Registration of qualifying patients and | ||||||
3 | designated caregivers.
| ||||||
4 | (a) The Department of Public Health shall issue registry | ||||||
5 | identification cards to qualifying patients and designated | ||||||
6 | caregivers who submit a completed application, and at minimum, | ||||||
7 | the following, in accordance with Department of Public Health | ||||||
8 | rules:
| ||||||
9 | (1) A written certification, on a form developed by the | ||||||
10 | Department of Public Health consistent with Section 36 and | ||||||
11 | issued by a physician, within 90 days immediately preceding | ||||||
12 | the date of an application;
| ||||||
13 | (2) upon the execution of applicable privacy waivers, | ||||||
14 | the patient's medical documentation related to his or her | ||||||
15 | debilitating condition and any other information that may | ||||||
16 | be reasonably required by the Department of Public Health | ||||||
17 | to confirm that the physician and patient have a bona fide | ||||||
18 | physician-patient relationship, that the qualifying | ||||||
19 | patient is in the physician's care for his or her | ||||||
20 | debilitating medical condition, and to substantiate the | ||||||
21 | patient's diagnosis;
| ||||||
22 | (3) the application or renewal fee as set by rule;
| ||||||
23 | (4) the name, address, date of birth, and social | ||||||
24 | security number of the qualifying patient, except that if | ||||||
25 | the applicant is homeless no address is required;
| ||||||
26 | (5) the name, address, and telephone number of the |
| |||||||
| |||||||
1 | qualifying patient's physician;
| ||||||
2 | (6) the name, address, and date of birth of the | ||||||
3 | designated caregiver, if any, chosen by the qualifying | ||||||
4 | patient;
| ||||||
5 | (7) the name of the registered medical cannabis | ||||||
6 | dispensing organization the qualifying patient designates;
| ||||||
7 | (8) signed statements from the patient and designated | ||||||
8 | caregiver asserting that they will not divert medical | ||||||
9 | cannabis; and
| ||||||
10 | (9) (blank). completed background checks for the | ||||||
11 | patient and designated caregiver.
| ||||||
12 | (b) Notwithstanding any other provision of this Act, a | ||||||
13 | person provided a written certification for a debilitating | ||||||
14 | medical condition who has submitted a completed online | ||||||
15 | application to the Department of Public Health shall receive a | ||||||
16 | provisional registration and be entitled to purchase medical | ||||||
17 | cannabis from a specified licensed dispensing organization for | ||||||
18 | a period of 90 days or until his or her application has been | ||||||
19 | denied or he or she receives a registry identification card, | ||||||
20 | whichever is earlier. However, a person may obtain an | ||||||
21 | additional provisional registration after the expiration of 90 | ||||||
22 | days after the date of application if the Department of Public | ||||||
23 | Health does not provide the individual with a registry | ||||||
24 | identification card or deny the individual's application | ||||||
25 | within those 90 days. | ||||||
26 | The provisional registration may not be extended if the |
| |||||||
| |||||||
1 | individual does not respond to the Department of Public | ||||||
2 | Health's request for additional information or corrections to | ||||||
3 | required application documentation. | ||||||
4 | In order for a person to receive medical cannabis under | ||||||
5 | this subsection, a person must present his or her provisional | ||||||
6 | registration along with a valid driver's license or State | ||||||
7 | identification card to the licensed dispensing organization | ||||||
8 | specified in his or her application. The dispensing | ||||||
9 | organization shall verify the person's provisional | ||||||
10 | registration through the Department of Public Health's online | ||||||
11 | verification system. | ||||||
12 | Upon verification of the provided documents, the | ||||||
13 | dispensing organization shall dispense no more than 2.5 ounces | ||||||
14 | of medical cannabis during a 14-day period to the person for a | ||||||
15 | period of 90 days, until his or her application has been | ||||||
16 | denied, or until he or she receives a registry identification | ||||||
17 | card from the Department of Public Health, whichever is | ||||||
18 | earlier. | ||||||
19 | Persons with provisional registrations must keep their | ||||||
20 | provisional registration in his or her possession at all times | ||||||
21 | when transporting or engaging in the medical use of cannabis. | ||||||
22 | (c) No person or business shall charge a fee for assistance | ||||||
23 | in the preparation, compilation, or submission of an | ||||||
24 | application to the Compassionate Use of Medical Cannabis Pilot | ||||||
25 | Program or the Opioid Alternative Pilot Program. A violation of | ||||||
26 | this subsection is a Class C misdemeanor, for which restitution |
| |||||||
| |||||||
1 | to the applicant and a fine of up to $1,500 may be imposed. All | ||||||
2 | fines shall be deposited into the Compassionate Use of Medical | ||||||
3 | Cannabis Fund after restitution has been made to the applicant. | ||||||
4 | The Department of Public Health shall refer individuals making | ||||||
5 | complaints against a person or business under this Section to | ||||||
6 | the Illinois State Police, who shall enforce violations of this | ||||||
7 | provision. All application forms issued by the Department shall | ||||||
8 | state that no person or business may charge a fee for | ||||||
9 | assistance in the preparation, compilation, or submission of an | ||||||
10 | application to the Compassionate Use of Medical Cannabis Pilot | ||||||
11 | Program or the Opioid Alternative Pilot Program. | ||||||
12 | (Source: P.A. 98-122, eff. 1-1-14 .)
| ||||||
13 | (410 ILCS 130/60) | ||||||
14 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
15 | Sec. 60. Issuance of registry identification cards.
| ||||||
16 | (a) Except as provided in subsection (b), the Department of | ||||||
17 | Public Health shall:
| ||||||
18 | (1) verify the information contained in an application | ||||||
19 | or renewal for a registry identification card submitted | ||||||
20 | under this Act, and approve or deny an application or | ||||||
21 | renewal, within 90 30 days of receiving a completed | ||||||
22 | application or renewal application and all supporting | ||||||
23 | documentation specified in Section 55;
| ||||||
24 | (2) issue registry identification cards to a | ||||||
25 | qualifying patient and his or her designated caregiver, if |
| |||||||
| |||||||
1 | any, within 15 business days of approving the application | ||||||
2 | or renewal;
| ||||||
3 | (3) enter the registry identification number of the | ||||||
4 | registered dispensing organization the patient designates | ||||||
5 | into the verification system; and
| ||||||
6 | (4) allow for an electronic application process, and | ||||||
7 | provide a confirmation by electronic or other methods that | ||||||
8 | an application has been submitted.
| ||||||
9 | (b) The Department of Public Health may not issue a | ||||||
10 | registry identification card to a qualifying patient who is | ||||||
11 | under 18 years of age, unless that patient suffers from | ||||||
12 | seizures, including those characteristic of epilepsy, or as | ||||||
13 | provided by administrative rule. The Department of Public | ||||||
14 | Health shall adopt rules for the issuance of a registry | ||||||
15 | identification card for qualifying patients who are under 18 | ||||||
16 | years of age and suffering from seizures, including those | ||||||
17 | characteristic of epilepsy.
The Department of Public Health may | ||||||
18 | adopt rules to allow other individuals under 18 years of age to | ||||||
19 | become registered qualifying patients under this Act with the | ||||||
20 | consent of a parent or legal guardian. Registered qualifying | ||||||
21 | patients under 18 years of age shall be prohibited from | ||||||
22 | consuming forms of cannabis other than medical cannabis infused | ||||||
23 | products and purchasing any usable cannabis. | ||||||
24 | (c) A veteran who has received treatment at a VA hospital | ||||||
25 | is deemed to have a bona fide physician-patient relationship | ||||||
26 | with a VA physician if the patient has been seen for his or her |
| |||||||
| |||||||
1 | debilitating medical condition at the VA hospital in accordance | ||||||
2 | with VA hospital protocols.
All reasonable inferences | ||||||
3 | regarding the existence of a bona fide physician-patient | ||||||
4 | relationship shall be drawn in favor of an applicant who is a | ||||||
5 | veteran and has undergone treatment at a VA hospital.
| ||||||
6 | (c-10) An individual who submits an application as someone | ||||||
7 | who is terminally ill shall have all fees and fingerprinting | ||||||
8 | requirements waived. The Department of Public Health shall | ||||||
9 | within 30 days after this amendatory Act of the 99th General | ||||||
10 | Assembly adopt emergency rules to expedite approval for | ||||||
11 | terminally ill individuals. These rules shall include, but not | ||||||
12 | be limited to, rules that provide that applications by | ||||||
13 | individuals with terminal illnesses shall be approved or denied | ||||||
14 | within 14 days of their submission. | ||||||
15 | (d) Upon the approval of the registration and issuance of a | ||||||
16 | registry card under this Section, the Department of Public | ||||||
17 | Health shall forward the designated caregiver or registered | ||||||
18 | qualified patient's driver's registration number to the | ||||||
19 | Secretary of State and certify that the individual is permitted | ||||||
20 | to engage in the medical use of cannabis. For the purposes of | ||||||
21 | law enforcement, the Secretary of State shall make a notation | ||||||
22 | on the person's driving record stating the person is a | ||||||
23 | registered qualifying patient who is entitled to the lawful | ||||||
24 | medical use of cannabis. If the person no longer holds a valid | ||||||
25 | registry card, the Department shall notify the Secretary of | ||||||
26 | State and the Secretary of State shall remove the notation from |
| |||||||
| |||||||
1 | the person's driving record. The Department and the Secretary | ||||||
2 | of State may establish a system by which the information may be | ||||||
3 | shared electronically.
| ||||||
4 | (e) Upon the approval of the registration and issuance of a | ||||||
5 | registry card under this Section, the Department of Public | ||||||
6 | Health shall electronically forward the registered qualifying | ||||||
7 | patient's identification card information to the Prescription | ||||||
8 | Monitoring Program established under the Illinois Controlled | ||||||
9 | Substances Act and certify that the individual is permitted to | ||||||
10 | engage in the medical use of cannabis. For the purposes of | ||||||
11 | patient care, the Prescription Monitoring Program shall make a | ||||||
12 | notation on the person's prescription record stating that the | ||||||
13 | person is a registered qualifying patient who is entitled to | ||||||
14 | the lawful medical use of cannabis. If the person no longer | ||||||
15 | holds a valid registry card, the Department of Public Health | ||||||
16 | shall notify the Prescription Monitoring Program and | ||||||
17 | Department of Human Services to remove the notation from the | ||||||
18 | person's record. The Department of Human Services and the | ||||||
19 | Prescription Monitoring Program shall establish a system by | ||||||
20 | which the information may be shared electronically. This | ||||||
21 | confidential list may not be combined or linked in any manner | ||||||
22 | with any other list or database except as provided in this | ||||||
23 | Section. | ||||||
24 | (f) (Blank). All applicants for a registry card shall be | ||||||
25 | fingerprinted as part of the application process if they are a | ||||||
26 | first-time applicant, if their registry card has already |
| |||||||
| |||||||
1 | expired, or if they previously have had their registry card | ||||||
2 | revoked or otherwise denied. At renewal, cardholders whose | ||||||
3 | registry cards have not yet expired, been revoked, or otherwise | ||||||
4 | denied shall not be subject to fingerprinting. Registry cards | ||||||
5 | shall be revoked by the Department of Public Health if the | ||||||
6 | Department of Public Health is notified by the Secretary of | ||||||
7 | State that a cardholder has been convicted of an excluded | ||||||
8 | offense. For purposes of enforcing this subsection, the | ||||||
9 | Department of Public Health and Secretary of State shall | ||||||
10 | establish a system by which violations reported to the | ||||||
11 | Secretary of State under paragraph 18 of subsection (a) of | ||||||
12 | Section 6-205 of the Illinois Vehicle Code shall be shared with | ||||||
13 | the Department of Public Health. | ||||||
14 | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||||||
15 | eff. 6-30-16.)
| ||||||
16 | (410 ILCS 130/62 new) | ||||||
17 | Sec. 62. Opioid Alternative Pilot Program. | ||||||
18 | (a) The Department of Public Health shall establish the | ||||||
19 | Opioid Alternative Pilot Program. Licensed dispensing | ||||||
20 | organizations shall allow persons with a written certification | ||||||
21 | from a licensed physician under Section 36 to purchase medical | ||||||
22 | cannabis upon enrollment in the Opioid Alternative Pilot | ||||||
23 | Program. For a person to receive medical cannabis under this | ||||||
24 | Section, the person must present the written certification | ||||||
25 | along with a valid driver's license or state identification |
| |||||||
| |||||||
1 | card to the licensed dispensing organization specified in his | ||||||
2 | or her application. The dispensing organization shall verify | ||||||
3 | the person's status as an Opioid Alternative Pilot Program | ||||||
4 | participant through the Department of Public Health's online | ||||||
5 | verification system. | ||||||
6 | (b) The Opioid Alternative Pilot Program shall be limited | ||||||
7 | to participation by Illinois residents age 21 and older. | ||||||
8 | (c) The Department of Financial and Professional | ||||||
9 | Regulation shall specify that all licensed dispensing | ||||||
10 | organizations participating in the Opioid Alternative Pilot | ||||||
11 | Program use the Illinois Cannabis Tracking System. The | ||||||
12 | Department of Public Health shall establish and maintain the | ||||||
13 | Illinois Cannabis Tracking System. The Illinois Cannabis | ||||||
14 | Tracking System shall be used to collect information about all | ||||||
15 | persons participating in the Opioid Alternative Pilot Program | ||||||
16 | and shall be used to track the sale of medical cannabis for | ||||||
17 | verification purposes. | ||||||
18 | Each dispensing organization shall retain a copy of the | ||||||
19 | Opioid Alternative Pilot Program certification and other | ||||||
20 | identifying information as required by the Department of | ||||||
21 | Financial and Professional Regulation, the Department of | ||||||
22 | Public Health, and the Illinois State Police in the Illinois | ||||||
23 | Cannabis Tracking System. | ||||||
24 | The Illinois Cannabis Tracking System shall be accessible | ||||||
25 | to the Department of Financial and Professional Regulation, | ||||||
26 | Department of Public Health, Department of Agriculture, and the |
| |||||||
| |||||||
1 | Illinois State Police. | ||||||
2 | The Department of Financial and Professional Regulation in | ||||||
3 | collaboration with the Department of Public Health shall | ||||||
4 | specify the data requirements for the Opioid Alternative Pilot | ||||||
5 | Program by licensed dispensing organizations; including, but | ||||||
6 | not limited to, the participant's full legal name, address, and | ||||||
7 | date of birth, date on which the Opioid Alternative Pilot | ||||||
8 | Program certification was issued, length of the participation | ||||||
9 | in the Program, including the start and end date to purchase | ||||||
10 | medical cannabis, name of the issuing physician, copy of the | ||||||
11 | participant's current driver's license or State identification | ||||||
12 | card, and phone number. | ||||||
13 | The Illinois Cannabis Tracking System shall provide | ||||||
14 | verification of a person's participation in the Opioid | ||||||
15 | Alternative Pilot Program for law enforcement at any time and | ||||||
16 | on any day. | ||||||
17 | (d) The certification for Opioid Alternative Pilot Program | ||||||
18 | participant must be issued by a physician licensed to practice | ||||||
19 | in Illinois under the Medical Practice Act of 1987 and in good | ||||||
20 | standing who holds a controlled substances license under | ||||||
21 | Article III of the Illinois Controlled Substance Act. | ||||||
22 | The certification for an Opioid Alternative Pilot Program | ||||||
23 | participant shall be written within 90 days before the | ||||||
24 | participant submits his or her certification to the dispensing | ||||||
25 | organization. | ||||||
26 | The written certification uploaded to the Illinois |
| |||||||
| |||||||
1 | Cannabis Tracking System shall be accessible to the Department | ||||||
2 | of Public Health. | ||||||
3 | (e) Upon verification of the individual's valid | ||||||
4 | certification and enrollment in the Illinois Cannabis Tracking | ||||||
5 | System, the dispensing organization may dispense the medical | ||||||
6 | cannabis, in amounts not exceeding 2.5 ounces of medical | ||||||
7 | cannabis per 14-day period to the participant at the | ||||||
8 | participant's specified dispensary for no more than 90 days. | ||||||
9 | An Opioid Alternative Pilot Program participant shall not | ||||||
10 | be registered as a medical cannabis cardholder. The dispensing | ||||||
11 | organization shall verify that the person is not an active | ||||||
12 | registered qualifying patient prior to enrollment in the Opioid | ||||||
13 | Alternative Pilot Program and each time medical cannabis is | ||||||
14 | dispensed. | ||||||
15 | Upon receipt of a written certification under the Opioid | ||||||
16 | Alternative Pilot Program, the Department of Public Health | ||||||
17 | shall electronically forward the patient's identification | ||||||
18 | information to the Prescription Monitoring Program established | ||||||
19 | under the Illinois Controlled Substances Act and certify that | ||||||
20 | the individual is permitted to engage in the medical use of | ||||||
21 | cannabis. For the purposes of patient care, the Prescription | ||||||
22 | Monitoring Program shall make a notation on the person's | ||||||
23 | prescription record stating that the person has a written | ||||||
24 | certification under the Opioid Alternative Pilot Program and is | ||||||
25 | a patient who is entitled to the lawful medical use of | ||||||
26 | cannabis. If the person is no longer authorized to engage in |
| |||||||
| |||||||
1 | the medical use of cannabis, the Department of Public Health | ||||||
2 | shall notify the Prescription Monitoring Program and | ||||||
3 | Department of Human Services to remove the notation from the | ||||||
4 | person's record. The Department of Human Services and the | ||||||
5 | Prescription Monitoring Program shall establish a system by | ||||||
6 | which the information may be shared electronically. This | ||||||
7 | confidential list may not be combined or linked in any manner | ||||||
8 | with any other list or database except as provided in this | ||||||
9 | Section. | ||||||
10 | (f) An Opioid Alternative Pilot Program participant shall | ||||||
11 | not be considered a qualifying patient with a debilitating | ||||||
12 | medical condition under this Act and shall be provided access | ||||||
13 | to medical cannabis solely for the duration of the | ||||||
14 | participant's certification. Nothing in this Section shall be | ||||||
15 | construed to limit or prohibit an Opioid Alternative Pilot | ||||||
16 | Program participant who has a debilitating medical condition | ||||||
17 | from applying to the Compassionate Use of Medical Cannabis | ||||||
18 | Pilot Program. | ||||||
19 | (g) A person with a provisional registration under Section | ||||||
20 | 55 shall not be considered an Opioid Alternative Pilot Program | ||||||
21 | participant. | ||||||
22 | (h) The Department of Financial and Professional | ||||||
23 | Regulation and the Department of Public Health shall submit | ||||||
24 | emergency rulemaking to implement the changes made by this | ||||||
25 | amendatory Act of the 100th General Assembly by December 1, | ||||||
26 | 2018. The Department of Financial and Professional Regulation, |
| |||||||
| |||||||
1 | the Department of Agriculture, the Department of Human | ||||||
2 | Services, the Department of Public Health, and the Illinois | ||||||
3 | State Police shall utilize emergency purchase authority for 12 | ||||||
4 | months after the effective date of this amendatory Act of the | ||||||
5 | 100th General Assembly for the purpose of implementing the | ||||||
6 | changes made by this amendatory Act of the 100th General | ||||||
7 | Assembly. | ||||||
8 | (i) Dispensing organizations are not authorized to | ||||||
9 | dispense medical cannabis to Opioid Alternative Pilot Program | ||||||
10 | participants until administrative rules are approved by the | ||||||
11 | Joint Committee on Administrative Rules and go into effect. | ||||||
12 | (j) The provisions of this Section are inoperative on and | ||||||
13 | after July 1, 2020.
| ||||||
14 | (410 ILCS 130/65) | ||||||
15 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
16 | Sec. 65. Denial of registry identification cards. | ||||||
17 | (a) The Department of Public Health may deny an application | ||||||
18 | or renewal of a qualifying patient's registry identification | ||||||
19 | card only if the applicant:
| ||||||
20 | (1) did not provide the required information and | ||||||
21 | materials;
| ||||||
22 | (2) previously had a registry identification card | ||||||
23 | revoked;
| ||||||
24 | (3) did not meet the requirements of this Act; or
| ||||||
25 | (4) provided false or falsified information ; or .
|
| |||||||
| |||||||
1 | (5) violated any requirement of this Act. | ||||||
2 | (b) (Blank). Except as provided in subsection (b-5) of this | ||||||
3 | Section, no person who has been convicted of a felony under the | ||||||
4 | Illinois Controlled Substances Act, Cannabis Control Act, or | ||||||
5 | Methamphetamine Control and Community Protection Act, or | ||||||
6 | similar provision in a local ordinance or other jurisdiction is | ||||||
7 | eligible to receive a registry identification card.
| ||||||
8 | (b-5) (Blank). If a person was convicted of a felony under | ||||||
9 | the Cannabis Control Act or a similar provision of a local | ||||||
10 | ordinance or of a law of another jurisdiction, and the action | ||||||
11 | warranting that felony is no longer considered a felony after | ||||||
12 | the effective date of this amendatory Act of the 99th General | ||||||
13 | Assembly, that person shall be eligible to receive a registry | ||||||
14 | identification card. | ||||||
15 | (c) The Department of Public Health may deny an application | ||||||
16 | or renewal for a designated caregiver chosen by a qualifying | ||||||
17 | patient whose registry identification card was granted only if:
| ||||||
18 | (1) the designated caregiver does not meet the | ||||||
19 | requirements of subsection (i) of Section 10;
| ||||||
20 | (2) the applicant did not provide the information | ||||||
21 | required;
| ||||||
22 | (3) the prospective patient's application was denied;
| ||||||
23 | (4) the designated caregiver previously had a registry | ||||||
24 | identification card revoked; or
| ||||||
25 | (5) the applicant or the designated caregiver provided | ||||||
26 | false or falsified information ; or .
|
| |||||||
| |||||||
1 | (6) violated any requirement of this Act. | ||||||
2 | (d) (Blank). The Department of Public Health through the | ||||||
3 | Department of State Police shall conduct a background check of | ||||||
4 | the prospective qualifying patient and designated caregiver in | ||||||
5 | order to carry out this Section. The Department of State Police | ||||||
6 | shall charge a fee for conducting the criminal history record | ||||||
7 | check, which shall be deposited in the State Police Services | ||||||
8 | Fund and shall not exceed the actual cost of the record check. | ||||||
9 | Each person applying as a qualifying patient or a designated | ||||||
10 | caregiver shall submit a full set of fingerprints to the | ||||||
11 | Department of State Police for the purpose of obtaining a State | ||||||
12 | and federal criminal records check. These fingerprints shall be | ||||||
13 | checked against the fingerprint records now and hereafter, to | ||||||
14 | the extent allowed by law, filed in the Department of State | ||||||
15 | Police and Federal Bureau of Investigation criminal history | ||||||
16 | records databases. The Department of State Police shall | ||||||
17 | furnish, following positive identification, all Illinois | ||||||
18 | conviction information to the Department of Public Health. The | ||||||
19 | Department of Public Health may waive the submission of a | ||||||
20 | qualifying patient's complete fingerprints based on (1) the | ||||||
21 | severity of the patient's illness and (2) the inability of the | ||||||
22 | qualifying patient to supply those fingerprints, provided that | ||||||
23 | a complete criminal background check is conducted by the | ||||||
24 | Department of State Police prior to the issuance of a registry | ||||||
25 | identification card. | ||||||
26 | (e) The Department of Public Health shall notify the |
| |||||||
| |||||||
1 | qualifying patient who has designated someone to serve as his | ||||||
2 | or her designated caregiver if a registry identification card | ||||||
3 | will not be issued to the designated caregiver.
| ||||||
4 | (f) Denial of an application or renewal is considered a | ||||||
5 | final Department action, subject to judicial review. | ||||||
6 | Jurisdiction and venue for judicial review are vested in the | ||||||
7 | Circuit Court.
| ||||||
8 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
9 | 99-697, eff. 7-29-16.)
| ||||||
10 | (410 ILCS 130/75) | ||||||
11 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
12 | Sec. 75. Notifications to Department of Public Health and | ||||||
13 | responses; civil penalty. | ||||||
14 | (a) The following notifications and Department of Public | ||||||
15 | Health responses are required:
| ||||||
16 | (1) A registered qualifying patient shall notify the | ||||||
17 | Department of Public Health of any change in his or her | ||||||
18 | name or address, or if the registered qualifying patient | ||||||
19 | ceases to have his or her debilitating medical condition, | ||||||
20 | within 10 days of the change.
| ||||||
21 | (2) A registered designated caregiver shall notify the | ||||||
22 | Department of Public Health of any change in his or her | ||||||
23 | name or address, or if the designated caregiver becomes | ||||||
24 | aware the registered qualifying patient passed away, | ||||||
25 | within 10 days of the change.
|
| |||||||
| |||||||
1 | (3) Before a registered qualifying patient changes his | ||||||
2 | or her designated caregiver, the qualifying patient must | ||||||
3 | notify the Department of Public Health.
| ||||||
4 | (4) If a cardholder loses his or her registry | ||||||
5 | identification card, he or she shall notify the Department | ||||||
6 | within 10 days of becoming aware the card has been lost.
| ||||||
7 | (b) When a cardholder notifies the Department of Public | ||||||
8 | Health of items listed in subsection (a), but remains eligible | ||||||
9 | under this Act, the Department of Public Health shall issue the | ||||||
10 | cardholder a new registry identification card with a new random | ||||||
11 | alphanumeric identification number within 15 business days of | ||||||
12 | receiving the updated information and a fee as specified in | ||||||
13 | Department of Public Health rules. If the person notifying the | ||||||
14 | Department of Public Health is a registered qualifying patient, | ||||||
15 | the Department shall also issue his or her registered | ||||||
16 | designated caregiver, if any, a new registry identification | ||||||
17 | card within 15 business days of receiving the updated | ||||||
18 | information.
| ||||||
19 | (c) If a registered qualifying patient ceases to be a | ||||||
20 | registered qualifying patient or changes his or her registered | ||||||
21 | designated caregiver, the Department of Public Health shall | ||||||
22 | promptly notify the designated caregiver. The registered | ||||||
23 | designated caregiver's protections under this Act as to that | ||||||
24 | qualifying patient shall expire 15 days after notification by | ||||||
25 | the Department.
| ||||||
26 | (d) A cardholder who fails to make a notification to the |
| |||||||
| |||||||
1 | Department of Public Health that is required by this Section is | ||||||
2 | subject to a civil infraction, punishable by a penalty of no | ||||||
3 | more than $150.
| ||||||
4 | (e) A registered qualifying patient shall notify the | ||||||
5 | Department of Public Health of any change to his or her | ||||||
6 | designated registered dispensing organization. Registered | ||||||
7 | dispensing organizations must comply with all requirements of | ||||||
8 | this Act.
| ||||||
9 | (f) If the registered qualifying patient's certifying | ||||||
10 | physician notifies the Department in writing that either the | ||||||
11 | registered qualifying patient has ceased to suffer from a | ||||||
12 | debilitating medical condition, that the bona fide | ||||||
13 | physician-patient relationship has terminated, or that | ||||||
14 | continued use of medical
cannabis would result in | ||||||
15 | contraindication with the patient's
other medication, the card | ||||||
16 | shall become null and void. However, the registered qualifying | ||||||
17 | patient shall have 15 days to destroy his or her remaining | ||||||
18 | medical cannabis and related paraphernalia.
| ||||||
19 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
| ||||||
20 | (410 ILCS 130/130) | ||||||
21 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
22 | Sec. 130. Requirements; prohibitions; penalties; | ||||||
23 | dispensing organizations. | ||||||
24 | (a) The Department of Financial and Professional | ||||||
25 | Regulation shall implement the provisions of this Section by |
| |||||||
| |||||||
1 | rule.
| ||||||
2 | (b) A dispensing organization shall maintain operating | ||||||
3 | documents which shall include procedures for the oversight of | ||||||
4 | the registered dispensing organization and procedures to | ||||||
5 | ensure accurate recordkeeping.
| ||||||
6 | (c) A dispensing organization shall implement appropriate | ||||||
7 | security measures, as provided by rule, to deter and prevent | ||||||
8 | the theft of cannabis and unauthorized entrance into areas | ||||||
9 | containing cannabis.
| ||||||
10 | (d) A dispensing organization may not be located within | ||||||
11 | 1,000 feet of the property line of a pre-existing public or | ||||||
12 | private preschool or elementary or secondary school or day care | ||||||
13 | center, day care home, group day care home, or part day child | ||||||
14 | care facility. A registered dispensing organization may not be | ||||||
15 | located in a house, apartment, condominium, or an area zoned | ||||||
16 | for residential use.
| ||||||
17 | (e) A dispensing organization is prohibited from acquiring | ||||||
18 | cannabis from anyone other than a registered cultivation | ||||||
19 | center. A dispensing organization is prohibited from obtaining | ||||||
20 | cannabis from outside the State of Illinois.
| ||||||
21 | (f) A registered dispensing organization is prohibited | ||||||
22 | from dispensing cannabis for any purpose except to assist | ||||||
23 | registered qualifying patients with the medical use of cannabis | ||||||
24 | directly or through the qualifying patients' designated | ||||||
25 | caregivers.
| ||||||
26 | (g) The area in a dispensing organization where medical |
| |||||||
| |||||||
1 | cannabis is stored can only be accessed by dispensing | ||||||
2 | organization agents working for the dispensing organization, | ||||||
3 | Department of Financial and Professional Regulation staff | ||||||
4 | performing inspections, law enforcement or other emergency | ||||||
5 | personnel, and contractors working on jobs unrelated to medical | ||||||
6 | cannabis, such as installing or maintaining security devices or | ||||||
7 | performing electrical wiring.
| ||||||
8 | (h) A dispensing organization may not dispense more than | ||||||
9 | 2.5 ounces of cannabis to a registered qualifying patient, | ||||||
10 | directly or via a designated caregiver, in any 14-day period | ||||||
11 | unless the qualifying patient has a Department of Public | ||||||
12 | Health-approved quantity waiver.
| ||||||
13 | (i) Except as provided in subsection (i-5), before Before | ||||||
14 | medical cannabis may be dispensed to a designated caregiver or | ||||||
15 | a registered qualifying patient, a dispensing organization | ||||||
16 | agent must determine that the individual is a current | ||||||
17 | cardholder in the verification system and must verify each of | ||||||
18 | the following:
| ||||||
19 | (1) that the registry identification card presented to | ||||||
20 | the registered dispensing organization is valid;
| ||||||
21 | (2) that the person presenting the card is the person | ||||||
22 | identified on the registry identification card presented | ||||||
23 | to the dispensing organization agent;
| ||||||
24 | (3) that the dispensing organization is the designated | ||||||
25 | dispensing organization for the registered qualifying | ||||||
26 | patient who is obtaining the cannabis directly or via his |
| |||||||
| |||||||
1 | or her designated caregiver; and
| ||||||
2 | (4) that the registered qualifying patient has not | ||||||
3 | exceeded his or her adequate supply.
| ||||||
4 | (i-5) A dispensing organization may dispense medical
| ||||||
5 | cannabis to an Opioid Alternative Pilot Program participant | ||||||
6 | under Section 62 and to a person presenting proof of | ||||||
7 | provisional registration under Section 55. Before dispensing | ||||||
8 | medical cannabis, the dispensing organization shall comply | ||||||
9 | with the requirements of Section 62 or Section 55, whichever is | ||||||
10 | applicable, and verify the following: | ||||||
11 | (1) that the written certification presented to the | ||||||
12 | registered dispensing organization is valid and an | ||||||
13 | original document; | ||||||
14 | (2) that the person presenting the written | ||||||
15 | certification is the person identified on the written | ||||||
16 | certification; and | ||||||
17 | (3) that the participant has not exceeded his or her | ||||||
18 | adequate supply. | ||||||
19 | (j) Dispensing organizations shall ensure compliance with | ||||||
20 | this limitation by maintaining internal, confidential records | ||||||
21 | that include records specifying how much medical cannabis is | ||||||
22 | dispensed to the registered qualifying patient and whether it | ||||||
23 | was dispensed directly to the registered qualifying patient or | ||||||
24 | to the designated caregiver. Each entry must include the date | ||||||
25 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
26 | requirements may be set by rule.
|
| |||||||
| |||||||
1 | (k) The physician-patient privilege as set forth by Section | ||||||
2 | 8-802 of the Code of Civil Procedure shall apply between a | ||||||
3 | qualifying patient and a registered dispensing organization | ||||||
4 | and its agents with respect to communications and records | ||||||
5 | concerning qualifying patients' debilitating conditions.
| ||||||
6 | (l) A dispensing organization may not permit any person to | ||||||
7 | consume cannabis on the property of a medical cannabis | ||||||
8 | organization.
| ||||||
9 | (m) A dispensing organization may not share office space | ||||||
10 | with or refer patients to a physician.
| ||||||
11 | (n) Notwithstanding any other criminal penalties related | ||||||
12 | to the unlawful possession of cannabis, the Department of | ||||||
13 | Financial and Professional Regulation may revoke, suspend, | ||||||
14 | place on probation, reprimand, refuse to issue or renew, or | ||||||
15 | take any other disciplinary or non-disciplinary action as the | ||||||
16 | Department of Financial and Professional Regulation may deem | ||||||
17 | proper with regard to the registration of any person issued | ||||||
18 | under this Act to operate a dispensing organization or act as a | ||||||
19 | dispensing organization agent, including imposing fines not to | ||||||
20 | exceed $10,000 for each violation, for any violations of this | ||||||
21 | Act and rules adopted in accordance with this Act. The | ||||||
22 | procedures for disciplining a registered dispensing | ||||||
23 | organization shall be determined by rule. All final | ||||||
24 | administrative decisions of the Department of Financial and | ||||||
25 | Professional Regulation are subject to judicial review under | ||||||
26 | the Administrative Review Law and its rules. The term |
| |||||||
| |||||||
1 | "administrative decision" is defined as in Section 3-101 of the | ||||||
2 | Code of Civil Procedure.
| ||||||
3 | (o) Dispensing organizations are subject to random | ||||||
4 | inspection and cannabis testing by the Department of Financial | ||||||
5 | and Professional Regulation and State Police as provided by | ||||||
6 | rule.
| ||||||
7 | (Source: P.A. 98-122, eff. 1-1-14 .)
| ||||||
8 | (410 ILCS 130/160) | ||||||
9 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
10 | Sec. 160. Annual reports. (a) The Department of Public | ||||||
11 | Health shall submit to the General Assembly a report, by | ||||||
12 | September 30 of each year, that does not disclose any | ||||||
13 | identifying information about registered qualifying patients, | ||||||
14 | registered caregivers, or physicians, but does contain, at a | ||||||
15 | minimum, all of the following information based on the fiscal | ||||||
16 | year for reporting purposes:
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17 | (1) the number of applications and renewals filed for | ||||||
18 | registry identification cards or registrations;
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19 | (2) the number of qualifying patients and designated | ||||||
20 | caregivers served by each dispensary during the report | ||||||
21 | year;
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22 | (3) the nature of the debilitating medical conditions | ||||||
23 | of the qualifying patients;
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24 | (4) the number of registry identification cards or | ||||||
25 | registrations revoked for misconduct;
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1 | (5) the number of physicians providing written | ||||||
2 | certifications for qualifying patients; and
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3 | (6) the number of registered medical cannabis | ||||||
4 | cultivation centers or registered dispensing | ||||||
5 | organizations ; .
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6 | (7) the number of Opioid Alternative Pilot
Program | ||||||
7 | participants. | ||||||
8 | (Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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