Bill Text: IL SB0336 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Party Line Emergency Act. Makes a technical change concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 43-6)

Status: (Passed) 2018-08-28 - Public Act . . . . . . . . . 100-1114 [SB0336 Detail]

Download: Illinois-2017-SB0336-Chaptered.html



Public Act 100-1114
SB0336 EnrolledLRB100 05118 RJF 15128 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be referred to as the
Alternatives to Opioids Act of 2018.
Section 10. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 10 calendar
days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) Contracts for legal, financial, and other
professional and artistic services entered into on or
before December 31, 2018 by the Illinois Finance Authority
in which the State of Illinois is not obligated. Such
contracts shall be awarded through a competitive process
authorized by the Board of the Illinois Finance Authority
and are subject to Sections 5-30, 20-160, 50-13, 50-20,
50-35, and 50-37 of this Code, as well as the final
approval by the Board of the Illinois Finance Authority of
the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that requires
the State to reimburse the railroad or utilities for the
relocation of utilities for construction or other public
purpose. Contracts included within this paragraph (15)
shall include, but not be limited to, those associated
with: relocations, crossings, installations, and
maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural water
or waste water systems with 10,000 connections or less, (6)
a holder as defined in Section 21-201 of the Public
Utilities Act, and (7) municipalities owning or operating
utility systems consisting of public utilities as that term
is defined in Section 11-117-2 of the Illinois Municipal
Code.
(16) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Pilot Program and
Opioid Alternative Pilot Program requirements and ensure
access to medical cannabis for patients with debilitating
medical conditions in accordance with the Compassionate
Use of Medical Cannabis Pilot Program Act.
Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total amount
of the contract, the term of the contract, and the exception to
the Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the chief
procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the Illinois
Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
100-580, eff. 3-12-18.)
Section 15. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 5, 7, 10, 35, 55,
60, 65, 75, 130, and 160 and by adding Sections 36 and 62 as
follows:
(410 ILCS 130/5)
(Section scheduled to be repealed on July 1, 2020)
Sec. 5. Findings.
(a) The recorded use of cannabis as a medicine goes back
nearly 5,000 years. Modern medical research has confirmed the
beneficial uses of cannabis in treating or alleviating the
pain, nausea, and other symptoms associated with a variety of
debilitating medical conditions, including cancer, multiple
sclerosis, and HIV/AIDS, as found by the National Academy of
Sciences' Institute of Medicine in March 1999.
(b) Studies published since the 1999 Institute of Medicine
report continue to show the therapeutic value of cannabis in
treating a wide array of debilitating medical conditions. These
include relief of the neuropathic pain caused by multiple
sclerosis, HIV/AIDS, and other illnesses that often fail to
respond to conventional treatments and relief of nausea,
vomiting, and other side effects of drugs used to treat
HIV/AIDS and hepatitis C, increasing the chances of patients
continuing on life-saving treatment regimens.
(c) Cannabis has many currently accepted medical uses in
the United States, having been recommended by thousands of
licensed physicians to at least 600,000 patients in states with
medical cannabis laws. The medical utility of cannabis is
recognized by a wide range of medical and public health
organizations, including the American Academy of HIV Medicine,
the American College of Physicians, the American Nurses
Association, the American Public Health Association, the
Leukemia & Lymphoma Society, and many others.
(d) Data from the Federal Bureau of Investigation's Uniform
Crime Reports and the Compendium of Federal Justice Statistics
show that approximately 99 out of every 100 cannabis arrests in
the U.S. are made under state law, rather than under federal
law. Consequently, changing State law will have the practical
effect of protecting from arrest the vast majority of seriously
ill patients who have a medical need to use cannabis.
(d-5) In 2014, the Task Force on Veterans' Suicide was
created by the Illinois General Assembly to gather data on
veterans' suicide prevention. Data from a U.S. Department of
Veterans Affairs study indicates that 22 veterans commit
suicide each day.
(d-10) According to the State of Illinois Opioid Action
Plan released in September 2017, "The opioid epidemic is the
most significant public health and public safety crisis facing
Illinois". According to the Action Plan, "Fueled by the growing
opioid epidemic, drug overdoses have now become the leading
cause of death nationwide for people under the age of 50. In
Illinois, opioid overdoses have killed nearly 11,000 people
since 2008. Just last year, nearly 1,900 people died of
overdoses—almost twice the number of fatal car accidents.
Beyond these deaths are thousands of emergency department
visits, hospital stays, as well as the pain suffered by
individuals, families, and communities".
According to the Action Plan, "At the current rate, the
opioid epidemic will claim the lives of more than 2,700
Illinoisans in 2020".
Further, the Action Plan states, "Physical tolerance to
opioids can begin to develop as early as two to three days
following the continuous use of opioids, which is a large
factor that contributes to their addictive potential".
The 2017 State of Illinois Opioid Action Plan also states,
"The increase in OUD [opioid use disorder] and opioid overdose
deaths is largely due to the dramatic rise in the rate and
amount of opioids prescribed for pain over the past decades".
Further, according to the Action Plan, "In the absence of
alternative treatments, reducing the supply of prescription
opioids too abruptly may drive more people to switch to using
illicit drugs (including heroin), thus increasing the risk of
overdose".
(e) Alaska, Arizona, California, Colorado, Connecticut,
Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
Washington, and Washington, D.C. have removed state-level
criminal penalties from the medical use and cultivation of
cannabis. Illinois joins in this effort for the health and
welfare of its citizens.
(f) States are not required to enforce federal law or
prosecute people for engaging in activities prohibited by
federal law. Therefore, compliance with this Act does not put
the State of Illinois in violation of federal law.
(g) State law should make a distinction between the medical
and non-medical uses of cannabis. Hence, the purpose of this
Act is to protect patients with debilitating medical
conditions, as well as their physicians and providers, from
arrest and prosecution, criminal and other penalties, and
property forfeiture if the patients engage in the medical use
of cannabis.
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
(410 ILCS 130/7)
(Section scheduled to be repealed on July 1, 2020)
Sec. 7. Lawful user and lawful products. For the purposes
of this Act and to clarify the legislative findings on the
lawful use of cannabis:
(1) A cardholder under this Act shall not be considered
an unlawful user or addicted to narcotics solely as a
result of his or her qualifying patient or designated
caregiver status.
(2) All medical cannabis products purchased by a
qualifying patient at a licensed dispensing organization
shall be lawful products and a distinction shall be made
between medical and non-medical uses of cannabis as a
result of the qualifying patient's cardholder status,
provisional registration for qualifying patient cardholder
status, or participation in the Opioid Alternative Pilot
Program under the authorized use granted under State law.
(3) An individual with a provisional registration for
qualifying patient cardholder status, a qualifying patient
in the medical cannabis pilot program, or an Opioid
Alternative Pilot Program participant under Section 62
shall not be considered an unlawful user or addicted to
narcotics solely as a result of his or her application to
or participation in the program.
(Source: P.A. 99-519, eff. 6-30-16.)
(410 ILCS 130/10)
(Section scheduled to be repealed on July 1, 2020)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of 14
days and that is derived solely from an intrastate source.
(2) Subject to the rules of the Department of Public
Health, a patient may apply for a waiver where a physician
provides a substantial medical basis in a signed, written
statement asserting that, based on the patient's medical
history, in the physician's professional judgment, 2.5
ounces is an insufficient adequate supply for a 14-day
period to properly alleviate the patient's debilitating
medical condition or symptoms associated with the
debilitating medical condition.
(3) This subsection may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(4) The pre-mixed weight of medical cannabis used in
making a cannabis infused product shall apply toward the
limit on the total amount of medical cannabis a registered
qualifying patient may possess at any one time.
(b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
(c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
(d) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry
identification card by the Department of Public Health.
(e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(h) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease, agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
spinal cord injury, traumatic brain injury and
post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation and Syringomyelia,
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, residual limb pain, seizures (including those
characteristic of epilepsy), post-traumatic stress
disorder (PTSD), or the treatment of these conditions;
(1.5) terminal illness with a diagnosis of 6 months or
less; if the terminal illness is not one of the qualifying
debilitating medical conditions, then the physician shall
on the certification form identify the cause of the
terminal illness; or
(2) any other debilitating medical condition or its
treatment that is added by the Department of Public Health
by rule as provided in Section 45.
(i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis.
(j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
(k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
(l) "Excluded offense" for cultivation center agents and
dispensing organizations means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act that
was classified as a felony in the jurisdiction where the
person was convicted, except that the registering
Department may waive this restriction if the person
demonstrates to the registering Department's satisfaction
that his or her conviction was for the possession,
cultivation, transfer, or delivery of a reasonable amount
of cannabis intended for medical use. This exception does
not apply if the conviction was under state law and
involved a violation of an existing medical cannabis law.
For purposes of this subsection, the Department of Public
Health shall determine by emergency rule within 30 days after
the effective date of this amendatory Act of the 99th General
Assembly what constitutes a "reasonable amount".
(l-5) (Blank). "Excluded offense" for a qualifying patient
or designated caregiver means a violation of 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, except that the registering Department may waive
this restriction if the person demonstrates to the registering
Department's satisfaction that his or her conviction was for
the possession, cultivation, transfer, or delivery of a
reasonable amount of cannabis intended for medical use. This
exception does not apply if the conviction was under state law
and involved a violation of an existing medical cannabis law.
For purposes of this subsection, the Department of Public
Health shall determine by emergency rule within 30 days after
the effective date of this amendatory Act of the 99th General
Assembly what constitutes a "reasonable amount".
(l-10) "Illinois Cannabis Tracking System" means a
web-based system established and maintained by the Department
of Public Health that is available to the Department of
Agriculture, the Department of Financial and Professional
Regulation, the Illinois State Police, and registered medical
cannabis dispensing organizations on a 24-hour basis to upload
written certifications for Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants' available cannabis allotment and assigned
dispensary, and the tracking of the date of sale, amount, and
price of medical cannabis purchased by an Opioid Alternative
Pilot Program participant.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
(n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
(o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients, individuals with a
provisional registration for qualifying patient cardholder
status, or an Opioid Alternative Pilot Program participant.
(p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
board member, employee, or agent of a registered medical
cannabis dispensing organization who is 21 years of age or
older and has not been convicted of an excluded offense.
(q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
(r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
(r-5) "Opioid" means a narcotic drug or substance that is a
Schedule II controlled substance under paragraph (1), (2), (3),
or (5) of subsection (b) or under subsection (c) of Section 206
of the Illinois Controlled Substances Act.
(r-10) "Opioid Alternative Pilot Program participant"
means an individual who has received a valid written
certification to participate in the Opioid Alternative Pilot
Program for a medical condition for which an opioid has been or
could be prescribed by a physician based on generally accepted
standards of care.
(s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act. It
does not include a licensed practitioner under any other Act
including but not limited to the Illinois Dental Practice Act.
(s-5) "Provisional registration" means a document issued
by the Department of Public Health to a qualifying patient who
has submitted: (1) an online application and paid a fee to
participate in Compassionate Use of Medical Cannabis Pilot
Program pending approval or denial of the patient's
application; or (2) a completed application for terminal
illness.
(t) "Qualifying patient" means a person who has been
diagnosed by a physician as having a debilitating medical
condition.
(u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
(v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
(w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
(x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
(y) "Written certification" means a document dated and
signed by a physician, stating (1) that the qualifying patient
has a debilitating medical condition and specifying the
debilitating medical condition the qualifying patient has; and
(2) that (A) the physician is treating or managing treatment of
the patient's debilitating medical condition; or (B) an Opioid
Alternative Pilot Program participant has a medical condition
for which opioids have been or could be prescribed. A written
certification shall be made only in the course of a bona fide
physician-patient relationship, after the physician has
completed an assessment of either a the qualifying patient's
medical history or Opioid Alternative Pilot Program
participant, reviewed relevant records related to the
patient's debilitating condition, and conducted a physical
examination.
(z) "Bona fide physician-patient relationship" means a
relationship established at a hospital, physician's office, or
other health care facility in which the physician has an
ongoing responsibility for the assessment, care, and treatment
of a patient's debilitating medical condition or a symptom of
the patient's debilitating medical condition.
A veteran who has received treatment at a VA hospital shall
be 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.
A bona fide physician-patient relationship under this
subsection is a privileged communication within the meaning of
Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
eff. 6-30-16.)
(410 ILCS 130/35)
(Section scheduled to be repealed on July 1, 2020)
Sec. 35. Physician requirements.
(a) A physician who certifies a debilitating medical
condition for a qualifying patient shall comply with all of the
following requirements:
(1) The Physician shall be currently licensed under the
Medical Practice Act of 1987 to practice medicine in all
its branches and in good standing, and must hold a
controlled substances license under Article III of the
Illinois Controlled Substances Act.
(2) A physician certifying a patient's condition shall
comply with generally accepted standards of medical
practice, the provisions of the Medical Practice Act of
1987 and all applicable rules.
(3) The physical examination required by this Act may
not be performed by remote means, including telemedicine.
(4) The physician shall maintain a record-keeping
system for all patients for whom the physician has
certified the patient's medical condition. These records
shall be accessible to and subject to review by the
Department of Public Health and the Department of Financial
and Professional Regulation upon request.
(b) A physician may not:
(1) accept, solicit, or offer any form of remuneration
from or to a qualifying patient, primary caregiver,
cultivation center, or dispensing organization, including
each principal officer, board member, agent, and employee,
to certify a patient, other than accepting payment from a
patient for the fee associated with the required
examination;
(2) offer a discount of any other item of value to a
qualifying patient who uses or agrees to use a particular
primary caregiver or dispensing organization to obtain
medical cannabis;
(3) conduct a personal physical examination of a
patient for purposes of diagnosing a debilitating medical
condition at a location where medical cannabis is sold or
distributed or at the address of a principal officer,
agent, or employee or a medical cannabis organization;
(4) hold a direct or indirect economic interest in a
cultivation center or dispensing organization if he or she
recommends the use of medical cannabis to qualified
patients or is in a partnership or other fee or
profit-sharing relationship with a physician who
recommends medical cannabis, except for the limited
purpose of performing a medical cannabis related research
study;
(5) serve on the board of directors or as an employee
of a cultivation center or dispensing organization;
(6) refer patients to a cultivation center, a
dispensing organization, or a registered designated
caregiver; or
(7) advertise in a cultivation center or a dispensing
organization.
(c) The Department of Public Health may with reasonable
cause refer a physician, who has certified a debilitating
medical condition of a patient, to the Illinois Department of
Financial and Professional Regulation for potential violations
of this Section.
(d) Any violation of this Section or any other provision of
this Act or rules adopted under this Act is a violation of the
Medical Practice Act of 1987.
(e) A physician who certifies a debilitating medical
condition for a qualifying patient may notify the Department of
Public Health in writing: (1) if the physician has reason to
believe either that the registered qualifying patient has
ceased to suffer from a debilitating medical condition; (2)
that the bona fide physician-patient relationship has
terminated; or (3) that continued use of medical cannabis would
result in contraindication with the patient's other
medication. The registered qualifying patient's registry
identification card shall be revoked by the Department of
Public Health after receiving the physician's notification.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-519, eff. 6-30-16.)
(410 ILCS 130/36 new)
Sec. 36. Written certification.
(a) A certification confirming a patient's debilitating
medical condition shall be written on a form provided by the
Department of Public Health and shall include, at a minimum,
the following:
(1) the qualifying patient's name, date of birth, home
address, and primary telephone number;
(2) the physician's name, address, telephone number,
email address, medical license number, and active
controlled substances license under the Illinois
Controlled Substances Act and indication of specialty or
primary area of clinical practice, if any;
(3) the qualifying patient's debilitating medical
condition;
(4) a statement that the physician has confirmed a
diagnosis of a debilitating condition; is treating or
managing treatment of the patient's debilitating
condition; has a bona fide physician-patient relationship;
has conducted an in-person physical examination; and has
conducted a review of the patient's medical history,
including reviewing medical records from other treating
physicians, if any, from the previous 12 months;
(5) the physician's signature and date of
certification; and
(6) a statement that a participant in possession of a
written certification indicating a debilitating medical
condition shall not be considered an unlawful user or
addicted to narcotics solely as a result of his or her
pending application to or participation in the
Compassionate Use of Medical Cannabis Pilot Program.
(b) A written certification does not constitute a
prescription for medical cannabis.
(c) Applications for qualifying patients under 18 years old
shall require a written certification from a physician and a
reviewing physician.
(d) A certification confirming the patient's eligibility
to participate in the Opioid Alternative Pilot Program shall be
written on a form provided by the Department of Public Health
and shall include, at a minimum, the following:
(1) the participant's name, date of birth, home
address, and primary telephone number;
(2) the physician's name, address, telephone number,
email address, medical license number, and active
controlled substances license under the Illinois
Controlled Substances Act and indication of specialty or
primary area of clinical practice, if any;
(3) the physician's signature and date;
(4) the length of participation in the program, which
shall be limited to no more than 90 days;
(5) a statement identifying the patient has been
diagnosed with and is currently undergoing treatment for a
medical condition where an opioid has been or could be
prescribed; and
(6) a statement that a participant in possession of a
written certification indicating eligibility to
participate in the Opioid Alternative Pilot Program shall
not be considered an unlawful user or addicted to narcotics
solely as a result of his or her eligibility or
participation in the program.
(e) The Department of Public Health may provide a single
certification form for subsections (a) and (d) of this Section,
provided that all requirements of those subsections are
included on the form.
(f) The Department of Public Health shall not include the
word "cannabis" on any application forms or written
certification forms that it issues under this Section.
(g) A written certification does not constitute a
prescription.
(h) It is unlawful for any person to knowingly submit a
fraudulent certification to be a qualifying patient in the
Compassionate Use of Medical Cannabis Pilot Program or an
Opioid Alternative Pilot Program participant. A violation of
this subsection shall result in the person who has knowingly
submitted the fraudulent certification being permanently
banned from participating in the Compassionate Use of Medical
Cannabis Pilot Program or the Opioid Alternative Pilot Program.
(410 ILCS 130/55)
(Section scheduled to be repealed on July 1, 2020)
Sec. 55. Registration of qualifying patients and
designated caregivers.
(a) The Department of Public Health shall issue registry
identification cards to qualifying patients and designated
caregivers who submit a completed application, and at minimum,
the following, in accordance with Department of Public Health
rules:
(1) A written certification, on a form developed by the
Department of Public Health consistent with Section 36 and
issued by a physician, within 90 days immediately preceding
the date of an application;
(2) upon the execution of applicable privacy waivers,
the patient's medical documentation related to his or her
debilitating condition and any other information that may
be reasonably required by the Department of Public Health
to confirm that the physician and patient have a bona fide
physician-patient relationship, that the qualifying
patient is in the physician's care for his or her
debilitating medical condition, and to substantiate the
patient's diagnosis;
(3) the application or renewal fee as set by rule;
(4) the name, address, date of birth, and social
security number of the qualifying patient, except that if
the applicant is homeless no address is required;
(5) the name, address, and telephone number of the
qualifying patient's physician;
(6) the name, address, and date of birth of the
designated caregiver, if any, chosen by the qualifying
patient;
(7) the name of the registered medical cannabis
dispensing organization the qualifying patient designates;
(8) signed statements from the patient and designated
caregiver asserting that they will not divert medical
cannabis; and
(9) (blank). completed background checks for the
patient and designated caregiver.
(b) Notwithstanding any other provision of this Act, a
person provided a written certification for a debilitating
medical condition who has submitted a completed online
application to the Department of Public Health shall receive a
provisional registration and be entitled to purchase medical
cannabis from a specified licensed dispensing organization for
a period of 90 days or until his or her application has been
denied or he or she receives a registry identification card,
whichever is earlier. However, a person may obtain an
additional provisional registration after the expiration of 90
days after the date of application if the Department of Public
Health does not provide the individual with a registry
identification card or deny the individual's application
within those 90 days.
The provisional registration may not be extended if the
individual does not respond to the Department of Public
Health's request for additional information or corrections to
required application documentation.
In order for a person to receive medical cannabis under
this subsection, a person must present his or her provisional
registration along with a valid driver's license or State
identification card to the licensed dispensing organization
specified in his or her application. The dispensing
organization shall verify the person's provisional
registration through the Department of Public Health's online
verification system.
Upon verification of the provided documents, the
dispensing organization shall dispense no more than 2.5 ounces
of medical cannabis during a 14-day period to the person for a
period of 90 days, until his or her application has been
denied, or until he or she receives a registry identification
card from the Department of Public Health, whichever is
earlier.
Persons with provisional registrations must keep their
provisional registration in his or her possession at all times
when transporting or engaging in the medical use of cannabis.
(c) No person or business shall charge a fee for assistance
in the preparation, compilation, or submission of an
application to the Compassionate Use of Medical Cannabis Pilot
Program or the Opioid Alternative Pilot Program. A violation of
this subsection is a Class C misdemeanor, for which restitution
to the applicant and a fine of up to $1,500 may be imposed. All
fines shall be deposited into the Compassionate Use of Medical
Cannabis Fund after restitution has been made to the applicant.
The Department of Public Health shall refer individuals making
complaints against a person or business under this Section to
the Illinois State Police, who shall enforce violations of this
provision. All application forms issued by the Department shall
state that no person or business may charge a fee for
assistance in the preparation, compilation, or submission of an
application to the Compassionate Use of Medical Cannabis Pilot
Program or the Opioid Alternative Pilot Program.
(Source: P.A. 98-122, eff. 1-1-14.)
(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 90 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
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
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
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) (Blank). 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 130/62 new)
Sec. 62. Opioid Alternative Pilot Program.
(a) The Department of Public Health shall establish the
Opioid Alternative Pilot Program. Licensed dispensing
organizations shall allow persons with a written certification
from a licensed physician under Section 36 to purchase medical
cannabis upon enrollment in the Opioid Alternative Pilot
Program. For a person to receive medical cannabis under this
Section, the person must present the written certification
along with a valid driver's license or state identification
card to the licensed dispensing organization specified in his
or her application. The dispensing organization shall verify
the person's status as an Opioid Alternative Pilot Program
participant through the Department of Public Health's online
verification system.
(b) The Opioid Alternative Pilot Program shall be limited
to participation by Illinois residents age 21 and older.
(c) The Department of Financial and Professional
Regulation shall specify that all licensed dispensing
organizations participating in the Opioid Alternative Pilot
Program use the Illinois Cannabis Tracking System. The
Department of Public Health shall establish and maintain the
Illinois Cannabis Tracking System. The Illinois Cannabis
Tracking System shall be used to collect information about all
persons participating in the Opioid Alternative Pilot Program
and shall be used to track the sale of medical cannabis for
verification purposes.
Each dispensing organization shall retain a copy of the
Opioid Alternative Pilot Program certification and other
identifying information as required by the Department of
Financial and Professional Regulation, the Department of
Public Health, and the Illinois State Police in the Illinois
Cannabis Tracking System.
The Illinois Cannabis Tracking System shall be accessible
to the Department of Financial and Professional Regulation,
Department of Public Health, Department of Agriculture, and the
Illinois State Police.
The Department of Financial and Professional Regulation in
collaboration with the Department of Public Health shall
specify the data requirements for the Opioid Alternative Pilot
Program by licensed dispensing organizations; including, but
not limited to, the participant's full legal name, address, and
date of birth, date on which the Opioid Alternative Pilot
Program certification was issued, length of the participation
in the Program, including the start and end date to purchase
medical cannabis, name of the issuing physician, copy of the
participant's current driver's license or State identification
card, and phone number.
The Illinois Cannabis Tracking System shall provide
verification of a person's participation in the Opioid
Alternative Pilot Program for law enforcement at any time and
on any day.
(d) The certification for Opioid Alternative Pilot Program
participant must be issued by a physician licensed to practice
in Illinois under the Medical Practice Act of 1987 and in good
standing who holds a controlled substances license under
Article III of the Illinois Controlled Substances Act.
The certification for an Opioid Alternative Pilot Program
participant shall be written within 90 days before the
participant submits his or her certification to the dispensing
organization.
The written certification uploaded to the Illinois
Cannabis Tracking System shall be accessible to the Department
of Public Health.
(e) Upon verification of the individual's valid
certification and enrollment in the Illinois Cannabis Tracking
System, the dispensing organization may dispense the medical
cannabis, in amounts not exceeding 2.5 ounces of medical
cannabis per 14-day period to the participant at the
participant's specified dispensary for no more than 90 days.
An Opioid Alternative Pilot Program participant shall not
be registered as a medical cannabis cardholder. The dispensing
organization shall verify that the person is not an active
registered qualifying patient prior to enrollment in the Opioid
Alternative Pilot Program and each time medical cannabis is
dispensed.
Upon receipt of a written certification under the Opioid
Alternative Pilot Program, the Department of Public Health
shall electronically forward the patient's identification
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 has a written
certification under the Opioid Alternative Pilot Program and is
a patient who is entitled to the lawful medical use of
cannabis. If the person is no longer authorized to engage in
the medical use of cannabis, 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) An Opioid Alternative Pilot Program participant shall
not be considered a qualifying patient with a debilitating
medical condition under this Act and shall be provided access
to medical cannabis solely for the duration of the
participant's certification. Nothing in this Section shall be
construed to limit or prohibit an Opioid Alternative Pilot
Program participant who has a debilitating medical condition
from applying to the Compassionate Use of Medical Cannabis
Pilot Program.
(g) A person with a provisional registration under Section
55 shall not be considered an Opioid Alternative Pilot Program
participant.
(h) The Department of Financial and Professional
Regulation and the Department of Public Health shall submit
emergency rulemaking to implement the changes made by this
amendatory Act of the 100th General Assembly by December 1,
2018. The Department of Financial and Professional Regulation,
the Department of Agriculture, the Department of Human
Services, the Department of Public Health, and the Illinois
State Police shall utilize emergency purchase authority for 12
months after the effective date of this amendatory Act of the
100th General Assembly for the purpose of implementing the
changes made by this amendatory Act of the 100th General
Assembly.
(i) Dispensing organizations are not authorized to
dispense medical cannabis to Opioid Alternative Pilot Program
participants until administrative rules are approved by the
Joint Committee on Administrative Rules and go into effect.
(j) The provisions of this Section are inoperative on and
after July 1, 2020.
(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
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; or .
(5) violated any requirement of this Act.
(b) (Blank). 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) (Blank). 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
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; or .
(6) violated any requirement of this Act.
(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
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.)
(410 ILCS 130/75)
(Section scheduled to be repealed on July 1, 2020)
Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
(a) The following notifications and Department of Public
Health responses are required:
(1) A registered qualifying patient shall notify the
Department of Public Health of any change in his or her
name or address, or if the registered qualifying patient
ceases to have his or her debilitating medical condition,
within 10 days of the change.
(2) A registered designated caregiver shall notify the
Department of Public Health of any change in his or her
name or address, or if the designated caregiver becomes
aware the registered qualifying patient passed away,
within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must
notify the Department of Public Health.
(4) If a cardholder loses his or her registry
identification card, he or she shall notify the Department
within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of Public
Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue the
cardholder a new registry identification card with a new random
alphanumeric identification number within 15 business days of
receiving the updated information and a fee as specified in
Department of Public Health rules. If the person notifying the
Department of Public Health is a registered qualifying patient,
the Department shall also issue his or her registered
designated caregiver, if any, a new registry identification
card within 15 business days of receiving the updated
information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.
(d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section is
subject to a civil infraction, punishable by a penalty of no
more than $150.
(e) A registered qualifying patient shall notify the
Department of Public Health of any change to his or her
designated registered dispensing organization. Registered
dispensing organizations must comply with all requirements of
this Act.
(f) If the registered qualifying patient's certifying
physician notifies the Department in writing that either the
registered qualifying patient has ceased to suffer from a
debilitating medical condition, that the bona fide
physician-patient relationship has terminated, or that
continued use of medical cannabis would result in
contraindication with the patient's other medication, the card
shall become null and void. However, the registered qualifying
patient shall have 15 days to destroy his or her remaining
medical cannabis and related paraphernalia.
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
(410 ILCS 130/130)
(Section scheduled to be repealed on July 1, 2020)
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) 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
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,
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) Except as provided in subsection (i-5), before 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.
(i-5) A dispensing organization may dispense medical
cannabis to an Opioid Alternative Pilot Program participant
under Section 62 and to a person presenting proof of
provisional registration under Section 55. Before dispensing
medical cannabis, the dispensing organization shall comply
with the requirements of Section 62 or Section 55, whichever is
applicable, and verify the following:
(1) that the written certification presented to the
registered dispensing organization is valid and an
original document;
(2) that the person presenting the written
certification is the person identified on the written
certification; and
(3) that the participant 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
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
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.)
(410 ILCS 130/160)
(Section scheduled to be repealed on July 1, 2020)
Sec. 160. Annual reports. (a) The Department of Public
Health shall submit to the General Assembly a report, by
September 30 of each year, that does not disclose any
identifying information about registered qualifying patients,
registered caregivers, or physicians, but does contain, at a
minimum, all of the following information based on the fiscal
year for reporting purposes:
(1) the number of applications and renewals filed for
registry identification cards or registrations;
(2) the number of qualifying patients and designated
caregivers served by each dispensary during the report
year;
(3) the nature of the debilitating medical conditions
of the qualifying patients;
(4) the number of registry identification cards or
registrations revoked for misconduct;
(5) the number of physicians providing written
certifications for qualifying patients; and
(6) the number of registered medical cannabis
cultivation centers or registered dispensing
organizations; .
(7) the number of Opioid Alternative Pilot Program
participants.
(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
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