Bill Text: IL HB5016 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Removes the fingerprinting and background check requirements for a prospective qualifying patient or designated caregiver. Provides that each applicant for a registry identification card shall sign an affidavit stating that the applicant has not been convicted of violation of a state or federal controlled substance law, the Cannabis Control Act, or the Methamphetamine and Community Protection Act that was classified as a felony in the jurisdiction where the person was convicted. Provides that an applicant may sign the affidavit if the applicant was convicted of a felony under the Cannabis Control Act, but the crime that the applicant was convicted of under the Cannabis Control Act is not considered a felony at the time the affidavit is signed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5016 Detail]

Download: Illinois-2017-HB5016-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5016 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
410 ILCS 130/60
410 ILCS 130/65
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Removes the fingerprinting and background check requirements for a prospective qualifying patient or designated caregiver. Provides that each applicant for a registry identification card shall sign an affidavit stating that the applicant has not been convicted of violation of a state or federal controlled substance law, the Cannabis Control Act, or the Methamphetamine and Community Protection Act that was classified as a felony in the jurisdiction where the person was convicted. Provides that an applicant may sign the affidavit if the applicant was convicted of a felony under the Cannabis Control Act, but the crime that the applicant was convicted of under the Cannabis Control Act is not considered a felony at the time the affidavit is signed.
LRB100 18817 MJP 34057 b
A BILL FOR
HB5016 LRB100 18817 MJP 34057 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 60 and 65 as
follows:
(410 ILCS 130/60)
(Section scheduled to be repealed on July 1, 2020)
Sec. 60. Issuance of registry identification cards.
(a) Except as provided in subsection (b), the Department of
Public Health shall:
(1) verify the information contained in an application
or renewal for a registry identification card submitted
under this Act, and approve or deny an application or
renewal, within 30 days of receiving a completed
application or renewal application and all supporting
documentation specified in Section 55;
(2) issue registry identification cards to a
qualifying patient and his or her designated caregiver, if
any, within 15 business days of approving the application
or renewal;
(3) enter the registry identification number of the
registered dispensing organization the patient designates

HB5016 - 2 - LRB100 18817 MJP 34057 b
into the verification system; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age, unless that patient suffers from
seizures, including those characteristic of epilepsy, or as
provided by administrative rule. The Department of Public
Health shall adopt rules for the issuance of a registry
identification card for qualifying patients who are under 18
years of age and suffering from seizures, including those
characteristic of epilepsy. The Department of Public Health may
adopt rules to allow other individuals under 18 years of age to
become registered qualifying patients under this Act with the
consent of a parent or legal guardian. Registered qualifying
patients under 18 years of age shall be prohibited from
consuming forms of cannabis other than medical cannabis infused
products and purchasing any usable cannabis.
(c) A veteran who has received treatment at a VA hospital
is deemed to have a bona fide physician-patient relationship
with a VA physician if the patient has been seen for his or her
debilitating medical condition at the VA hospital in accordance
with VA hospital protocols. All reasonable inferences
regarding the existence of a bona fide physician-patient
relationship shall be drawn in favor of an applicant who is a

HB5016 - 3 - LRB100 18817 MJP 34057 b
veteran and has undergone treatment at a VA hospital.
(c-10) An individual who submits an application as someone
who is terminally ill shall have all fees and fingerprinting
requirements waived. The Department of Public Health shall
within 30 days after this amendatory Act of the 99th General
Assembly adopt emergency rules to expedite approval for
terminally ill individuals. These rules shall include, but not
be limited to, rules that provide that applications by
individuals with terminal illnesses shall be approved or denied
within 14 days of their submission.
(d) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall forward the designated caregiver or registered
qualified patient's driver's registration number to the
Secretary of State and certify that the individual is permitted
to engage in the medical use of cannabis. For the purposes of
law enforcement, the Secretary of State shall make a notation
on the person's driving record stating the person is a
registered qualifying patient who is entitled to the lawful
medical use of cannabis. If the person no longer holds a valid
registry card, the Department shall notify the Secretary of
State and the Secretary of State shall remove the notation from
the person's driving record. The Department and the Secretary
of State may establish a system by which the information may be
shared electronically.
(e) Upon the approval of the registration and issuance of a

HB5016 - 4 - LRB100 18817 MJP 34057 b
registry card under this Section, the Department of Public
Health shall electronically forward the registered qualifying
patient's identification card information to the Prescription
Monitoring Program established under the Illinois Controlled
Substances Act and certify that the individual is permitted to
engage in the medical use of cannabis. For the purposes of
patient care, the Prescription Monitoring Program shall make a
notation on the person's prescription record stating that the
person is a registered qualifying patient who is entitled to
the lawful medical use of cannabis. If the person no longer
holds a valid registry card, the Department of Public Health
shall notify the Prescription Monitoring Program and
Department of Human Services to remove the notation from the
person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically. This
confidential list may not be combined or linked in any manner
with any other list or database except as provided in this
Section.
(f) Each applicant for a registry identification card shall
sign an affidavit stating that the applicant has not been
convicted of violation of a state or federal controlled
substance law, the Cannabis Control Act, or the Methamphetamine
and Community Protection Act that was classified as a felony in
the jurisdiction where the person was convicted. An applicant
may sign the affidavit if the applicant was convicted of a

HB5016 - 5 - LRB100 18817 MJP 34057 b
felony under the Cannabis Control Act, but the crime that the
applicant was convicted of under the Cannabis Control Act is
not considered a felony at the time the affidavit is signed.
All applicants for a registry card shall be fingerprinted as
part of the application process if they are a first-time
applicant, if their registry card has already expired, or if
they previously have had their registry card revoked or
otherwise denied. At renewal, cardholders whose registry cards
have not yet expired, been revoked, or otherwise denied shall
not be subject to fingerprinting. Registry cards shall be
revoked by the Department of Public Health if the Department of
Public Health is notified by the Secretary of State that a
cardholder has been convicted of an excluded offense. For
purposes of enforcing this subsection, the Department of Public
Health and Secretary of State shall establish a system by which
violations reported to the Secretary of State under paragraph
18 of subsection (a) of Section 6-205 of the Illinois Vehicle
Code shall be shared with the Department of Public Health.
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
eff. 6-30-16.)
(410 ILCS 130/65)
(Section scheduled to be repealed on July 1, 2020)
Sec. 65. Denial of registry identification cards.
(a) The Department of Public Health may deny an application
or renewal of a qualifying patient's registry identification

HB5016 - 6 - LRB100 18817 MJP 34057 b
card only if the applicant:
(1) did not provide the required information and
materials;
(2) previously had a registry identification card
revoked;
(3) did not meet the requirements of this Act; or
(4) provided false or falsified information.
(b) Except as provided in subsection (b-5) of this Section,
no person who has been convicted of a felony under the Illinois
Controlled Substances Act, Cannabis Control Act, or
Methamphetamine Control and Community Protection Act, or
similar provision in a local ordinance or other jurisdiction is
eligible to receive a registry identification card.
(b-5) If a person was convicted of a felony under the
Cannabis Control Act or a similar provision of a local
ordinance or of a law of another jurisdiction, and the action
warranting that felony is no longer considered a felony after
the effective date of this amendatory Act of the 99th General
Assembly, that person shall be eligible to receive a registry
identification card.
(c) The Department of Public Health may deny an application
or renewal for a designated caregiver chosen by a qualifying
patient whose registry identification card was granted only if:
(1) the designated caregiver does not meet the
requirements of subsection (i) of Section 10;
(2) the applicant did not provide the information

HB5016 - 7 - LRB100 18817 MJP 34057 b
required;
(3) the prospective patient's application was denied;
(4) the designated caregiver previously had a registry
identification card revoked; or
(5) the applicant or the designated caregiver provided
false or falsified information.
(d) (Blank). The Department of Public Health through the
Department of State Police shall conduct a background check of
the prospective qualifying patient and designated caregiver in
order to carry out this Section. The Department of State Police
shall charge a fee for conducting the criminal history record
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the record check.
Each person applying as a qualifying patient or a designated
caregiver shall submit a full set of fingerprints to the
Department of State Police for the purpose of obtaining a State
and federal criminal records check. These fingerprints shall be
checked against the fingerprint records now and hereafter, to
the extent allowed by law, filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
furnish, following positive identification, all Illinois
conviction information to the Department of Public Health. The
Department of Public Health may waive the submission of a
qualifying patient's complete fingerprints based on (1) the
severity of the patient's illness and (2) the inability of the

HB5016 - 8 - LRB100 18817 MJP 34057 b
qualifying patient to supply those fingerprints, provided that
a complete criminal background check is conducted by the
Department of State Police prior to the issuance of a registry
identification card.
(e) The Department of Public Health shall notify the
qualifying patient who has designated someone to serve as his
or her designated caregiver if a registry identification card
will not be issued to the designated caregiver.
(f) Denial of an application or renewal is considered a
final Department action, subject to judicial review.
Jurisdiction and venue for judicial review are vested in the
Circuit Court.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-697, eff. 7-29-16.)