Bill Text: IL HB5674 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Adds limited liability companies to the types of entities that may be granted licenses to provide services under the Acts. Adds provisions to the Acts regarding confidentiality of information collected by the Department of Financial and Professional Regulation in the course of examinations and investigations under the Acts. Amends the Professional Service Corporation Act. Makes changes in definitions of "ancillary personnel", "regulating authority", and "related professional services". Provides that a separate application shall be submitted for each business location in Illinois, and if the corporation is using more than one fictitious or assumed name and has an address different from that of the parent company, a separate application shall be submitted for each fictitious or assumed name. Makes changes concerning disciplinary grounds under the Act. Adds provisions concerning notices of violation and confidentiality of certain information collected under the Act. Amends the Medical Corporation Act. Provides that a separate application shall be submitted for each business location in Illinois, and if the corporation is using more than one fictitious or assumed name and has an address different from that of the parent company, a separate application shall be submitted for each fictitious or assumed name. Makes changes concerning disciplinary grounds under the Act, notice of hearing, proceedings for judicial review, and shareholders of a medical corporation. Adds provisions concerning notices of violation and confidentiality of certain information collected under the Act. Makes other changes.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5674 Detail]

Download: Illinois-2013-HB5674-Amended.html

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Sen. Kwame Raoul

Filed: 5/20/2014

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AMENDMENT TO HOUSE BILL 5674
AMENDMENT NO. ______. Amend House Bill 5674 by replacing
everything after the enacting clause with the following:
"Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 105 and 130 as
follows:
(410 ILCS 130/105)
(Section scheduled to be repealed on January 1, 2018)
Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.

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(b) A registered cultivation center shall implement a
security plan reviewed by the State Police and including but
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of the
registered cultivation center facility and accessible to
authorized law enforcement and the Department of Financial and
Professional Regulation in real-time.
(c) In a municipality with a population of fewer than
500,000, a A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing public
or private preschool or elementary or secondary school or day
care center, day care home, group day care home, part day child
care facility, or an area zoned for residential use. A
municipality with a population of 500,000 or more may adopt its
own zoning requirements with regard to the location of a
registered cultivation center and its proximity to a
pre-existing public or private preschool or elementary or
secondary school or day care center, day care home, group day
care home, part day child care facility, or an area zoned for
residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation

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center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than a dispensary
organization registered under this Act.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) No person who has been convicted of an excluded offense
may be a cultivation center agent.
(h) Registered cultivation centers are subject to random
inspection by the State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the Department
of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.

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(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/130)
(Section scheduled to be repealed on January 1, 2018)
Sec. 130. Requirements; prohibitions; penalties;
dispensing organizations.
(a) The Department of Financial and Professional
Regulation shall implement the provisions of this Section by
rule.
(b) A dispensing organization shall maintain operating
documents which shall include procedures for the oversight of
the registered dispensing organization and procedures to
ensure accurate recordkeeping.
(c) A dispensing organization shall implement appropriate
security measures, as provided by rule, to deter and prevent
the theft of cannabis and unauthorized entrance into areas
containing cannabis.
(d) In a municipality with a population of fewer than
500,000, a A dispensing organization may not be located within
1,000 feet of the property line of a pre-existing public or
private preschool or elementary or secondary school or day care
center, day care home, group day care home, or part day child
care facility. A registered dispensing organization may not be
located in a house, apartment, condominium, or an area zoned

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for residential use. A municipality with a population of
500,000 or more may adopt its own zoning requirements with
regard to the location of a dispensing organization and its
proximity to pre-existing public or private preschool or
elementary or secondary school or day care center, day care
home, group day care home, part day child care facility, or an
area zoned for residential use.
(e) A dispensing organization is prohibited from acquiring
cannabis from anyone other than a registered cultivation
center. A dispensing organization is prohibited from obtaining
cannabis from outside the State of Illinois.
(f) A registered dispensing organization is prohibited
from dispensing cannabis for any purpose except to assist
registered qualifying patients with the medical use of cannabis
directly or through the qualifying patients' designated
caregivers.
(g) The area in a dispensing organization where medical
cannabis is stored can only be accessed by dispensing
organization agents working for the dispensing organization,
Department of Financial and Professional Regulation staff
performing inspections, law enforcement or other emergency
personnel, and contractors working on jobs unrelated to medical
cannabis, such as installing or maintaining security devices or
performing electrical wiring.
(h) A dispensing organization may not dispense more than
2.5 ounces of cannabis to a registered qualifying patient,

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directly or via a designated caregiver, in any 14-day period
unless the qualifying patient has a Department of Public
Health-approved quantity waiver.
(i) Before medical cannabis may be dispensed to a
designated caregiver or a registered qualifying patient, a
dispensing organization agent must determine that the
individual is a current cardholder in the verification system
and must verify each of the following:
(1) that the registry identification card presented to
the registered dispensing organization is valid;
(2) that the person presenting the card is the person
identified on the registry identification card presented
to the dispensing organization agent;
(3) that the dispensing organization is the designated
dispensing organization for the registered qualifying
patient who is obtaining the cannabis directly or via his
or her designated caregiver; and
(4) that the registered qualifying patient has not
exceeded his or her adequate supply.
(j) Dispensing organizations shall ensure compliance with
this limitation by maintaining internal, confidential records
that include records specifying how much medical cannabis is
dispensed to the registered qualifying patient and whether it
was dispensed directly to the registered qualifying patient or
to the designated caregiver. Each entry must include the date
and time the cannabis was dispensed. Additional recordkeeping

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requirements may be set by rule.
(k) The physician-patient privilege as set forth by Section
8-802 of the Code of Civil Procedure shall apply between a
qualifying patient and a registered dispensing organization
and its agents with respect to communications and records
concerning qualifying patients' debilitating conditions.
(l) A dispensing organization may not permit any person to
consume cannabis on the property of a medical cannabis
organization.
(m) A dispensing organization may not share office space
with or refer patients to a physician.
(n) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of
Financial and Professional Regulation may revoke, suspend,
place on probation, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department of Financial and Professional Regulation may deem
proper with regard to the registration of any person issued
under this Act to operate a dispensing organization or act as a
dispensing organization agent, including imposing fines not to
exceed $10,000 for each violation, for any violations of this
Act and rules adopted in accordance with this Act. The
procedures for disciplining a registered dispensing
organization shall be determined by rule. All final
administrative decisions of the Department of Financial and
Professional Regulation are subject to judicial review under

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the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(o) Dispensing organizations are subject to random
inspection and cannabis testing by the Department of Financial
and Professional Regulation and State Police as provided by
rule.
(Source: P.A. 98-122, eff. 1-1-14.)".