Rep. Lou Lang

Filed: 5/25/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 10

2    AMENDMENT NO. ______. Amend Senate Bill 10 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 5, 10, 15, 35, 45,
660, 65, 70, 75, and 220 and by adding Sections 7 and 57 as
7follows:
 
8    (410 ILCS 130/5)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 5. Findings.
11    (a) The recorded use of cannabis as a medicine goes back
12nearly 5,000 years. Modern medical research has confirmed the
13beneficial uses of cannabis in treating or alleviating the
14pain, nausea, and other symptoms associated with a variety of
15debilitating medical conditions, including cancer, multiple
16sclerosis, and HIV/AIDS, as found by the National Academy of

 

 

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1Sciences' Institute of Medicine in March 1999.
2    (b) Studies published since the 1999 Institute of Medicine
3report continue to show the therapeutic value of cannabis in
4treating a wide array of debilitating medical conditions. These
5include relief of the neuropathic pain caused by multiple
6sclerosis, HIV/AIDS, and other illnesses that often fail to
7respond to conventional treatments and relief of nausea,
8vomiting, and other side effects of drugs used to treat
9HIV/AIDS and hepatitis C, increasing the chances of patients
10continuing on life-saving treatment regimens.
11    (c) Cannabis has many currently accepted medical uses in
12the United States, having been recommended by thousands of
13licensed physicians to at least 600,000 patients in states with
14medical cannabis laws. The medical utility of cannabis is
15recognized by a wide range of medical and public health
16organizations, including the American Academy of HIV Medicine,
17the American College of Physicians, the American Nurses
18Association, the American Public Health Association, the
19Leukemia & Lymphoma Society, and many others.
20    (d) Data from the Federal Bureau of Investigation's Uniform
21Crime Reports and the Compendium of Federal Justice Statistics
22show that approximately 99 out of every 100 cannabis arrests in
23the U.S. are made under state law, rather than under federal
24law. Consequently, changing State law will have the practical
25effect of protecting from arrest the vast majority of seriously
26ill patients who have a medical need to use cannabis.

 

 

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1    (d-5) In 2014, the Task Force on Veterans' Suicide was
2created by the Illinois General Assembly to gather data on
3veterans' suicide prevention. Data from a U.S. Department of
4Veterans Affairs study indicates that 22 veterans commit
5suicide each day.
6    (e) Alaska, Arizona, California, Colorado, Connecticut,
7Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
8Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
9Washington, and Washington, D.C. have removed state-level
10criminal penalties from the medical use and cultivation of
11cannabis. Illinois joins in this effort for the health and
12welfare of its citizens.
13    (f) States are not required to enforce federal law or
14prosecute people for engaging in activities prohibited by
15federal law. Therefore, compliance with this Act does not put
16the State of Illinois in violation of federal law.
17    (f-5) According to data released by the Centers for Disease
18Control and Prevention in December 2015, opioids, primarily
19prescription pain relievers and heroin, are the main driver of
20overdose deaths. Illinois had a statistically significant drug
21overdose rate increase of 8.3% from 2013 to 2014.
22    (f-10) According to a 2014 published report in the Journal
23of American Medicine, states that have implemented medical
24cannabis laws have seen a 24.8% lower mean annual opioid
25overdose mortality rate compared with states without medical
26cannabis laws.

 

 

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1    (g) State law should make a distinction between the medical
2and non-medical uses of cannabis. Hence, the purpose of this
3Act is to protect patients with debilitating medical
4conditions, as well as their physicians and providers, from
5arrest and prosecution, criminal and other penalties, and
6property forfeiture if the patients engage in the medical use
7of cannabis.
8(Source: P.A. 98-122, eff. 1-1-14.)
 
9    (410 ILCS 130/7 new)
10    Sec. 7. Lawful user and lawful products. For the purposes
11of this Act and to clarify the legislative findings on the
12lawful use of cannabis:
13        (1) A cardholder under this Act shall not be considered
14    an unlawful user or addicted to narcotics solely as a
15    result of his or her qualifying patient or designated
16    caregiver status.
17        (2) All medical cannabis products purchased by a
18    qualifying patient at a licensed dispensing organization
19    shall be lawful products and a distinction shall be made
20    between medical and non-medical uses of cannabis as a
21    result of the qualifying patient's cardholder status under
22    the authorized use granted under State law.
 
23    (410 ILCS 130/10)
24    (Section scheduled to be repealed on January 1, 2018)

 

 

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1    Sec. 10. Definitions. The following terms, as used in this
2Act, shall have the meanings set forth in this Section:
3    (a) "Adequate supply" means:
4        (1) 2.5 ounces of usable cannabis during a period of 14
5    days and that is derived solely from an intrastate source.
6        (2) Subject to the rules of the Department of Public
7    Health, a patient may apply for a waiver where a physician
8    provides a substantial medical basis in a signed, written
9    statement asserting that, based on the patient's medical
10    history, in the physician's professional judgment, 2.5
11    ounces is an insufficient adequate supply for a 14-day
12    period to properly alleviate the patient's debilitating
13    medical condition or symptoms associated with the
14    debilitating medical condition.
15        (3) This subsection may not be construed to authorize
16    the possession of more than 2.5 ounces at any time without
17    authority from the Department of Public Health.
18        (4) The pre-mixed weight of medical cannabis used in
19    making a cannabis infused product shall apply toward the
20    limit on the total amount of medical cannabis a registered
21    qualifying patient may possess at any one time.
22    (b) "Cannabis" has the meaning given that term in Section 3
23of the Cannabis Control Act.
24    (c) "Cannabis plant monitoring system" means a system that
25includes, but is not limited to, testing and data collection
26established and maintained by the registered cultivation

 

 

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1center and available to the Department for the purposes of
2documenting each cannabis plant and for monitoring plant
3development throughout the life cycle of a cannabis plant
4cultivated for the intended use by a qualifying patient from
5seed planting to final packaging.
6    (d) "Cardholder" means a qualifying patient or a designated
7caregiver who has been issued and possesses a valid registry
8identification card by the Department of Public Health.
9    (e) "Cultivation center" means a facility operated by an
10organization or business that is registered by the Department
11of Agriculture to perform necessary activities to provide only
12registered medical cannabis dispensing organizations with
13usable medical cannabis.
14    (f) "Cultivation center agent" means a principal officer,
15board member, employee, or agent of a registered cultivation
16center who is 21 years of age or older and has not been
17convicted of an excluded offense.
18    (g) "Cultivation center agent identification card" means a
19document issued by the Department of Agriculture that
20identifies a person as a cultivation center agent.
21    (h) "Debilitating medical condition" means one or more of
22the following:
23        (1) cancer, glaucoma, positive status for human
24    immunodeficiency virus, acquired immune deficiency
25    syndrome, hepatitis C, amyotrophic lateral sclerosis,
26    Crohn's disease, agitation of Alzheimer's disease,

 

 

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1    cachexia/wasting syndrome, muscular dystrophy, severe
2    fibromyalgia, spinal cord disease, including but not
3    limited to arachnoiditis, Tarlov cysts, hydromyelia,
4    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
5    spinal cord injury, traumatic brain injury and
6    post-concussion syndrome, Multiple Sclerosis,
7    Arnold-Chiari malformation and Syringomyelia,
8    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
9    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
10    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
11    (Complex Regional Pain Syndromes Type II),
12    Neurofibromatosis, Chronic Inflammatory Demyelinating
13    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
14    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
15    syndrome, residual limb pain, seizures (including those
16    characteristic of epilepsy), intractable pain, opioid
17    dependence, autism, post-traumatic stress disorder (PTSD),
18    diabetes mellitus type I, osteoarthritis, panic disorder,
19    or the treatment of these conditions; or
20        (1.5) terminal illness with a diagnosis of 6 months or
21    less; if the terminal illness is not one of the qualifying
22    debilitating medical conditions, then the physician shall
23    on the certification form identify the cause of the
24    terminal illness; or
25        (2) any other debilitating medical condition or its
26    treatment that is added by the Department of Public Health

 

 

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1    by rule as provided in Section 45.
2    (i) "Designated caregiver" means a person who: (1) is at
3least 21 years of age; (2) has agreed to assist with a
4patient's medical use of cannabis; (3) has not been convicted
5of an excluded offense; and (4) assists no more than one
6registered qualifying patient with his or her medical use of
7cannabis.
8    (j) "Dispensing organization agent identification card"
9means a document issued by the Department of Financial and
10Professional Regulation that identifies a person as a medical
11cannabis dispensing organization agent.
12    (k) "Enclosed, locked facility" means a room, greenhouse,
13building, or other enclosed area equipped with locks or other
14security devices that permit access only by a cultivation
15center's agents or a dispensing organization's agent working
16for the registered cultivation center or the registered
17dispensing organization to cultivate, store, and distribute
18cannabis for registered qualifying patients.
19    (l) "Excluded offense" for cultivation center agents and
20dispensing organizations means:
21        (1) a violent crime defined in Section 3 of the Rights
22    of Crime Victims and Witnesses Act or a substantially
23    similar offense that was classified as a felony in the
24    jurisdiction where the person was convicted; or
25        (2) a violation of a state or federal controlled
26    substance law, the Cannabis Control Act, or the

 

 

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1    Methamphetamine Control and Community Protection Act that
2    was classified as a felony in the jurisdiction where the
3    person was convicted, except that the registering
4    Department may waive this restriction if the person
5    demonstrates to the registering Department's satisfaction
6    that his or her conviction was for the possession,
7    cultivation, transfer, or delivery of a reasonable amount
8    of cannabis intended for medical use. This exception does
9    not apply if the conviction was under state law and
10    involved a violation of an existing medical cannabis law.
11    For purposes of this subsection, the Department of Public
12Health shall determine by rule what constitutes a "reasonable
13amount".
14    (l-5) "Excluded offense" for a qualifying patient or
15designated caregiver means a violation of state or federal
16controlled substance law, the Cannabis Control Act, or the
17Methamphetamine and Community Protection Act that was
18classified as a felony in the jurisdiction where the person was
19convicted, except that the registering Department may waive
20this restriction if the person demonstrates to the registering
21Department's satisfaction that his or her conviction was for
22the possession, cultivation, transfer, or delivery of a
23reasonable amount of cannabis intended for medical use. This
24exception does not apply if the conviction was under state law
25and involved a violation of an existing medical cannabis law.
26For purposes of this subsection, the Department of Public

 

 

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1Health shall determine by rule what constitutes a "reasonable
2amount".
3    (l-10) "Intractable pain" means a pain state (i) in which
4the cause of the pain cannot be removed or otherwise treated
5with the consent of the patient; (ii) that, in the generally
6accepted course of practice, is treatment resistant or no
7treatment has been found after reasonable efforts. In addition,
8the patient has been under the care of a physician for this
9condition for 6 or more months and has been treatment
10resistant.
11    (m) "Medical cannabis cultivation center registration"
12means a registration issued by the Department of Agriculture.
13    (n) "Medical cannabis container" means a sealed,
14traceable, food compliant, tamper resistant, tamper evident
15container, or package used for the purpose of containment of
16medical cannabis from a cultivation center to a dispensing
17organization.
18    (o) "Medical cannabis dispensing organization", or
19"dispensing organization", or "dispensary organization" means
20a facility operated by an organization or business that is
21registered by the Department of Financial and Professional
22Regulation to acquire medical cannabis from a registered
23cultivation center for the purpose of dispensing cannabis,
24paraphernalia, or related supplies and educational materials
25to registered qualifying patients.
26    (p) "Medical cannabis dispensing organization agent" or

 

 

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1"dispensing organization agent" means a principal officer,
2board member, employee, or agent of a registered medical
3cannabis dispensing organization who is 21 years of age or
4older and has not been convicted of an excluded offense.
5    (q) "Medical cannabis infused product" means food, oils,
6ointments, or other products containing usable cannabis that
7are not smoked.
8    (r) "Medical use" means the acquisition; administration;
9delivery; possession; transfer; transportation; or use of
10cannabis to treat or alleviate a registered qualifying
11patient's debilitating medical condition or symptoms
12associated with the patient's debilitating medical condition.
13    (s) "Physician" means a doctor of medicine or doctor of
14osteopathy licensed under the Medical Practice Act of 1987 to
15practice medicine and who has a controlled substances license
16under Article III of the Illinois Controlled Substances Act. It
17does not include a licensed practitioner under any other Act
18including but not limited to the Illinois Dental Practice Act.
19    (t) "Qualifying patient" means a person who has been
20diagnosed by a physician as having a debilitating medical
21condition.
22    (u) "Registered" means licensed, permitted, or otherwise
23certified by the Department of Agriculture, Department of
24Public Health, or Department of Financial and Professional
25Regulation.
26    (v) "Registry identification card" means a document issued

 

 

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1by the Department of Public Health that identifies a person as
2a registered qualifying patient or registered designated
3caregiver.
4    (w) "Usable cannabis" means the seeds, leaves, buds, and
5flowers of the cannabis plant and any mixture or preparation
6thereof, but does not include the stalks, and roots of the
7plant. It does not include the weight of any non-cannabis
8ingredients combined with cannabis, such as ingredients added
9to prepare a topical administration, food, or drink.
10    (x) "Verification system" means a Web-based system
11established and maintained by the Department of Public Health
12that is available to the Department of Agriculture, the
13Department of Financial and Professional Regulation, law
14enforcement personnel, and registered medical cannabis
15dispensing organization agents on a 24-hour basis for the
16verification of registry identification cards, the tracking of
17delivery of medical cannabis to medical cannabis dispensing
18organizations, and the tracking of the date of sale, amount,
19and price of medical cannabis purchased by a registered
20qualifying patient.
21    (y) "Written certification" means a document dated and
22signed by a physician, stating (1) that in the physician's
23professional opinion the patient is likely to receive
24therapeutic or palliative benefit from the medical use of
25cannabis to treat or alleviate the patient's debilitating
26medical condition or symptoms associated with the debilitating

 

 

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1medical condition; (2) that the qualifying patient has a
2debilitating medical condition and specifying the debilitating
3medical condition the qualifying patient has; and (2) (3) that
4the patient is under the physician's care for the physician is
5treating or managing treatment of the patient's debilitating
6medical condition. A written certification shall be made only
7in the course of a bona fide physician-patient relationship,
8after the physician has completed an assessment of the
9qualifying patient's medical history, reviewed relevant
10records related to the patient's debilitating condition, and
11conducted a physical examination.
12    A veteran who has received treatment at a VA hospital shall
13be deemed to have a bona fide physician-patient relationship
14with a VA physician if the patient has been seen for his or her
15debilitating medical condition at the VA Hospital in accordance
16with VA Hospital protocols.
17    A bona fide physician-patient relationship under this
18subsection is a privileged communication within the meaning of
19Section 8-802 of the Code of Civil Procedure.
20(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 
21    (410 ILCS 130/15)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 15. Authority.
24    (a) It is the duty of the Department of Public Health to
25enforce the following provisions of this Act unless otherwise

 

 

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1provided for by this Act:
2        (1) establish and maintain a confidential registry of
3    qualifying patients authorized to engage in the medical use
4    of cannabis and their caregivers;
5        (2) distribute educational materials about the health
6    benefits and risks associated with the use abuse of
7    cannabis and prescription medications;
8        (3) adopt rules to administer the patient and caregiver
9    registration program; and
10        (4) adopt rules establishing food handling
11    requirements for cannabis-infused products that are
12    prepared for human consumption.
13    (b) It is the duty of the Department of Agriculture to
14enforce the provisions of this Act relating to the registration
15and oversight of cultivation centers unless otherwise provided
16for in this Act.
17    (c) It is the duty of the Department of Financial and
18Professional Regulation to enforce the provisions of this Act
19relating to the registration and oversight of dispensing
20organizations unless otherwise provided for in this Act.
21    (d) The Department of Public Health, the Department of
22Agriculture, or the Department of Financial and Professional
23Regulation shall enter into intergovernmental agreements, as
24necessary, to carry out the provisions of this Act including,
25but not limited to, the provisions relating to the registration
26and oversight of cultivation centers, dispensing

 

 

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1organizations, and qualifying patients and caregivers.
2    (e) The Department of Public Health, Department of
3Agriculture, or the Department of Financial and Professional
4Regulation may suspend, revoke, or impose other penalties upon
5a registration for violations of this Act and any rules adopted
6in accordance thereto. The suspension or revocation of, or
7imposition of any other penalty upon, a registration is a final
8Agency action, subject to judicial review. Jurisdiction and
9venue for judicial review are vested in the Circuit Court.
10(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
11    (410 ILCS 130/35)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 35. Physician requirements.
14    (a) A physician who certifies a debilitating medical
15condition for a qualifying patient shall comply with all of the
16following requirements:
17        (1) The Physician shall be currently licensed under the
18    Medical Practice Act of 1987 to practice medicine in all
19    its branches and in good standing, and must hold a
20    controlled substances license under Article III of the
21    Illinois Controlled Substances Act.
22        (2) A physician certifying a patient's condition
23    making a medical cannabis recommendation shall comply with
24    generally accepted standards of medical practice, the
25    provisions of the Medical Practice Act of 1987 and all

 

 

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1    applicable rules.
2        (3) The physical examination required by this Act may
3    not be performed by remote means, including telemedicine.
4        (4) The physician shall maintain a record-keeping
5    system for all patients for whom the physician has
6    certified the patient's medical condition recommended the
7    medical use of cannabis. These records shall be accessible
8    to and subject to review by the Department of Public Health
9    and the Department of Financial and Professional
10    Regulation upon request.
11    (b) A physician may not:
12        (1) accept, solicit, or offer any form of remuneration
13    from or to a qualifying patient, primary caregiver,
14    cultivation center, or dispensing organization, including
15    each principal officer, board member, agent, and employee,
16    to certify a patient, other than accepting payment from a
17    patient for the fee associated with the required
18    examination;
19        (2) offer a discount of any other item of value to a
20    qualifying patient who uses or agrees to use a particular
21    primary caregiver or dispensing organization to obtain
22    medical cannabis;
23        (3) conduct a personal physical examination of a
24    patient for purposes of diagnosing a debilitating medical
25    condition at a location where medical cannabis is sold or
26    distributed or at the address of a principal officer,

 

 

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1    agent, or employee or a medical cannabis organization;
2        (4) hold a direct or indirect economic interest in a
3    cultivation center or dispensing organization if he or she
4    recommends the use of medical cannabis to qualified
5    patients or is in a partnership or other fee or
6    profit-sharing relationship with a physician who
7    recommends medical cannabis, except for the limited
8    purpose of performing a medical cannabis related research
9    study;
10        (5) serve on the board of directors or as an employee
11    of a cultivation center or dispensing organization;
12        (6) refer patients to a cultivation center, a
13    dispensing organization, or a registered designated
14    caregiver; or
15        (7) advertise in a cultivation center or a dispensing
16    organization.
17    (c) The Department of Public Health may with reasonable
18cause refer a physician, who has certified a debilitating
19medical condition of a patient, to the Illinois Department of
20Financial and Professional Regulation for potential violations
21of this Section.
22    (d) Any violation of this Section or any other provision of
23this Act or rules adopted under this Act is a violation of the
24Medical Practice Act of 1987.
25(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 

 

 

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1    (410 ILCS 130/45)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 45. Addition of debilitating medical conditions. Any
4citizen may petition the Department of Public Health to add
5debilitating conditions or treatments to the list of
6debilitating medical conditions listed in subsection (h) of
7Section 10. The Department of Public Health shall consider
8petitions in the manner required by Department rule, including
9public notice and hearing. The Department shall approve or deny
10a petition within 180 days of its submission, and, upon
11approval, shall proceed to add that condition by rule in
12accordance with the Illinois Administrative Procedure Act. The
13Department of Public Health's approval or denial of a petition
14shall be in writing and shall be based on the evidence in the
15petition, testimony presented at the Medical Cannabis Advisory
16Board hearing, and the written report submitted to the Director
17of Public Health from the Medical Cannabis Advisory Board. If a
18petition to add a new condition is denied by the Department of
19Public Health, then the denial shall only cite evidence that
20was considered by the Medical Cannabis Advisory Board when they
21made their recommendation and must cite specific evidence from
22the record that is being relied upon. The approval or denial of
23any petition is a final decision of the Department, subject to
24judicial review. Jurisdiction and venue are vested in the
25Circuit Court.
26(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
 

 

 

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1    (410 ILCS 130/57 new)
2    Sec. 57. Qualifying patients under 18. Qualifying patients
3that are under the age of 18 years shall not be prohibited from
4having 2 designated caregivers as follows: if both biological
5parents or two legal guardians of a qualifying patient under 18
6both have significant decision-making responsibilities over
7the qualifying patent then both may serve as a designated
8caregiver if they otherwise meet the definition of "designated
9caregiver" under Section 10; however, if only one biological
10parent or legal guardian has significant decision-making
11responsibilities for the qualifying patient under 18 then they
12may appoint a second designated caregiver who meets the
13definition of "designated caregiver" under Section 10.
 
14    (410 ILCS 130/60)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 60. Issuance of registry identification cards.
17    (a) Except as provided in subsection (b), the Department of
18Public Health shall:
19        (1) verify the information contained in an application
20    or renewal for a registry identification card submitted
21    under this Act, and approve or deny an application or
22    renewal, within 30 days of receiving a completed
23    application or renewal application and all supporting
24    documentation specified in Section 55;

 

 

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1        (2) issue registry identification cards to a
2    qualifying patient and his or her designated caregiver, if
3    any, within 15 business days of approving the application
4    or renewal;
5        (3) enter the registry identification number of the
6    registered dispensing organization the patient designates
7    into the verification system; and
8        (4) allow for an electronic application process, and
9    provide a confirmation by electronic or other methods that
10    an application has been submitted.
11    (b) The Department of Public Health may not issue a
12registry identification card to a qualifying patient who is
13under 18 years of age, unless that patient suffers from
14seizures, including those characteristic of epilepsy, or as
15provided by administrative rule. The Department of Public
16Health shall adopt rules for the issuance of a registry
17identification card for qualifying patients who are under 18
18years of age and suffering from seizures, including those
19characteristic of epilepsy. The Department of Public Health may
20adopt rules to allow other individuals under 18 years of age to
21become registered qualifying patients under this Act with the
22consent of a parent or legal guardian. Registered qualifying
23patients under 18 years of age shall be prohibited from
24consuming forms of cannabis other than medical cannabis infused
25products and purchasing any usable cannabis.
26    (c) A veteran who has received treatment at a VA hospital

 

 

09900SB0010ham001- 21 -LRB099 04220 MJP 49157 a

1is deemed to have a bona fide physician-patient relationship
2with a VA physician if the patient has been seen for his or her
3debilitating medical condition at the VA hospital in accordance
4with VA hospital protocols. All reasonable inferences
5regarding the existence of a bona fide physician-patient
6relationship shall be drawn in favor of an applicant who is a
7veteran and has undergone treatment at a VA hospital.
8    (c-5) If a qualifying patient is under the care of a
9physician, but the physician is unable or unwilling to certify
10the patient in order for that patient to be a cardholder, then
11the patient may submit a copy of his or her medical records to
12the Department of Public Health.
13    Upon review of the patient's records, the Department of
14Public Health shall determine within 30 days of submission of
15the medical records if the qualifying patient shall be a
16cardholder. This process shall be considered to be within a
17bona fide physician-patient relationship.
18    If the qualifying patient is denied, the Department of
19Public Health shall notify the patient by mail of the reason
20why the patient was denied being a cardholder. The qualifying
21patient shall then have 60 days from the date of the denial
22letter to request an administrative hearing with the Department
23of Public Health in order to appeal the Department of Public
24Health's decision.
25    (c-10) An individual who submits an application as someone
26who is terminally ill shall have all fees and fingerprinting

 

 

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1requirements waived. The Department of Public Health shall
2within 30 days after this amendatory Act of the 99th General
3Assembly adopt emergency rules to expedite approval for
4terminally ill individuals. These rules shall include, but not
5be limited to, rules that provide that applications by
6individuals with terminal illnesses shall be approved or denied
7within 14 days of their submission.
8    (d) Upon the approval of the registration and issuance of a
9registry card under this Section, the Department of Public
10Health shall forward the designated caregiver or registered
11qualified patient's driver's registration number to the
12Secretary of State and certify that the individual is permitted
13to engage in the medical use of cannabis. For the purposes of
14law enforcement, the Secretary of State shall make a notation
15on the person's driving record stating the person is a
16registered qualifying patient who is entitled to the lawful
17medical use of cannabis. If the person no longer holds a valid
18registry card, the Department shall notify the Secretary of
19State and the Secretary of State shall remove the notation from
20the person's driving record. The Department and the Secretary
21of State may establish a system by which the information may be
22shared electronically.
23    (e) Upon the approval of the registration and issuance of a
24registry card under this Section, the Department of Public
25Health shall electronically forward the registered qualifying
26patient's identification card information to the Prescription

 

 

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1Monitoring Program established under the Illinois Controlled
2Substances Act and certify that the individual is permitted to
3engage in the medical use of cannabis. For the purposes of
4patient care, the Prescription Monitoring Program shall make a
5notation on the person's prescription record stating that the
6person is a registered qualifying patient who is entitled to
7the lawful medical use of cannabis. If the person no longer
8holds a valid registry card, the Department of Public Health
9shall notify the Prescription Monitoring Program and
10Department of Human Services to remove the notation from the
11person's record. The Department of Human Services and the
12Prescription Monitoring Program shall establish a system by
13which the information may be shared electronically. This
14confidential list may not be combined or linked in any manner
15with any other list or database except as provided in this
16Section.
17    (f) All applicants for a registry card shall be
18fingerprinted as part of the application process if they are a
19first-time applicant, if their registry card has already
20expired, or if they previously have had their registry card
21revoked or otherwise denied. At renewal, cardholders whose
22registry cards have not yet expired, been revoked, or otherwise
23denied shall not be subject to fingerprinting. Registry cards
24shall be revoked by the Department of Public Health if the
25Department of Public Health is notified by the Secretary of
26State that a cardholder has been convicted of an excluded

 

 

09900SB0010ham001- 24 -LRB099 04220 MJP 49157 a

1offense. For purposes of enforcing this subsection, the
2Department of Public Health and Secretary of State shall
3establish a system by which violations reported to the
4Secretary of State under paragraph (18) of subsection (a) of
5Section 6-205 of the Illinois Vehicle Code shall be shared with
6the Department of Public Health.
7(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 
8    (410 ILCS 130/65)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 65. Denial of registry identification cards.
11    (a) The Department of Public Health may deny an application
12or renewal of a qualifying patient's registry identification
13card only if the applicant:
14        (1) did not provide the required information and
15    materials;
16        (2) previously had a registry identification card
17    revoked;
18        (3) did not meet the requirements of this Act; or
19        (4) provided false or falsified information.
20    (b) No person who has been convicted of a felony under the
21Illinois Controlled Substances Act, Cannabis Control Act, or
22Methamphetamine Control and Community Protection Act, or
23similar provision in a local ordinance or other jurisdiction is
24eligible to receive a registry identification card. Except that
25this subsection shall not apply to individuals convicted of a

 

 

09900SB0010ham001- 25 -LRB099 04220 MJP 49157 a

1felony if 3 years have passed since the completion of their
2sentence or the prospective applicant receives a waiver as
3authorized under subsection (l-5) of Section 10 of this Act.
4    (c) The Department of Public Health may deny an application
5or renewal for a designated caregiver chosen by a qualifying
6patient whose registry identification card was granted only if:
7        (1) the designated caregiver does not meet the
8    requirements of subsection (i) of Section 10;
9        (2) the applicant did not provide the information
10    required;
11        (3) the prospective patient's application was denied;
12        (4) the designated caregiver previously had a registry
13    identification card revoked; or
14        (5) the applicant or the designated caregiver provided
15    false or falsified information.
16    (d) The Department of Public Health through the Department
17of State Police shall conduct a background check of the
18prospective qualifying patient and designated caregiver in
19order to carry out this Section. The Department of State Police
20shall charge a fee for conducting the criminal history record
21check, which shall be deposited in the State Police Services
22Fund and shall not exceed the actual cost of the record check.
23Each person applying as a qualifying patient or a designated
24caregiver shall submit a full set of fingerprints to the
25Department of State Police for the purpose of obtaining a State
26and federal criminal records check. These fingerprints shall be

 

 

09900SB0010ham001- 26 -LRB099 04220 MJP 49157 a

1checked against the fingerprint records now and hereafter, to
2the extent allowed by law, filed in the Department of State
3Police and Federal Bureau of Investigation criminal history
4records databases. The Department of State Police shall
5furnish, following positive identification, all Illinois
6conviction information to the Department of Public Health. The
7Department of Public Health may waive the submission of a
8qualifying patient's complete fingerprints based on (1) the
9severity of the patient's illness and (2) the inability of the
10qualifying patient to supply those fingerprints, provided that
11a complete criminal background check is conducted by the
12Department of State Police prior to the issuance of a registry
13identification card.
14    (e) The Department of Public Health shall notify the
15qualifying patient who has designated someone to serve as his
16or her designated caregiver if a registry identification card
17will not be issued to the designated caregiver.
18    (f) Denial of an application or renewal is considered a
19final Department action, subject to judicial review.
20Jurisdiction and venue for judicial review are vested in the
21Circuit Court.
22(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
23    (410 ILCS 130/70)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 70. Registry identification cards.

 

 

09900SB0010ham001- 27 -LRB099 04220 MJP 49157 a

1    (a) A registered qualifying patient or designated
2caregiver must keep their registry identification card in his
3or her possession at all times when engaging in the medical use
4of cannabis.
5    (b) Registry identification cards shall contain the
6following:
7        (1) the name of the cardholder;
8        (2) a designation of whether the cardholder is a
9    designated caregiver or qualifying patient;
10        (3) the date of issuance and expiration date of the
11    registry identification card;
12        (4) a random alphanumeric identification number that
13    is unique to the cardholder;
14        (5) if the cardholder is a designated caregiver, the
15    random alphanumeric identification number of the
16    registered qualifying patient the designated caregiver is
17    receiving the registry identification card to assist; and
18        (6) a photograph of the cardholder, if required by
19    Department of Public Health rules.
20    (c) To maintain a valid registration identification card, a
21registered qualifying patient and caregiver must annually
22resubmit, at least 45 days prior to the expiration date stated
23on the registry identification card, a completed renewal
24application, renewal fee, and accompanying documentation as
25described in Department of Public Health rules. The Department
26of Public Health shall send a notification to a registered

 

 

09900SB0010ham001- 28 -LRB099 04220 MJP 49157 a

1qualifying patient or registered designated caregiver 90 days
2prior to the expiration of the registered qualifying patient's
3or registered designated caregiver's identification card. If
4the Department of Public Health fails to grant or deny a
5renewal application received in accordance with this Section,
6then the renewal is deemed granted and the registered
7qualifying patient or registered designated caregiver may
8continue to use the expired identification card until the
9Department of Public Health denies the renewal or issues a new
10identification card.
11    (d) Except as otherwise provided in this Section, the
12expiration date is 3 years one year after the date of issuance.
13    (e) The Department of Public Health may electronically
14store in the card any or all of the information listed in
15subsection (b), along with the address and date of birth of the
16cardholder and the qualifying patient's designated dispensary
17organization, to allow it to be read by law enforcement agents.
18(Source: P.A. 98-122, eff. 1-1-14.)
 
19    (410 ILCS 130/75)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 75. Notifications to Department of Public Health and
22responses; civil penalty.
23    (a) The following notifications and Department of Public
24Health responses are required:
25        (1) A registered qualifying patient shall notify the

 

 

09900SB0010ham001- 29 -LRB099 04220 MJP 49157 a

1    Department of Public Health of any change in his or her
2    name or address, or if the registered qualifying patient
3    ceases to have his or her debilitating medical condition,
4    within 10 days of the change.
5        (2) A registered designated caregiver shall notify the
6    Department of Public Health of any change in his or her
7    name or address, or if the designated caregiver becomes
8    aware the registered qualifying patient passed away,
9    within 10 days of the change.
10        (3) Before a registered qualifying patient changes his
11    or her designated caregiver, the qualifying patient must
12    notify the Department of Public Health.
13        (4) If a cardholder loses his or her registry
14    identification card, he or she shall notify the Department
15    within 10 days of becoming aware the card has been lost.
16    (b) When a cardholder notifies the Department of Public
17Health of items listed in subsection (a), but remains eligible
18under this Act, the Department of Public Health shall issue the
19cardholder a new registry identification card with a new random
20alphanumeric identification number within 15 business days of
21receiving the updated information and a fee as specified in
22Department of Public Health rules. If the person notifying the
23Department of Public Health is a registered qualifying patient,
24the Department shall also issue his or her registered
25designated caregiver, if any, a new registry identification
26card within 15 business days of receiving the updated

 

 

09900SB0010ham001- 30 -LRB099 04220 MJP 49157 a

1information.
2    (c) If a registered qualifying patient ceases to be a
3registered qualifying patient or changes his or her registered
4designated caregiver, the Department of Public Health shall
5promptly notify the designated caregiver. The registered
6designated caregiver's protections under this Act as to that
7qualifying patient shall expire 15 days after notification by
8the Department.
9    (d) A cardholder who fails to make a notification to the
10Department of Public Health that is required by this Section is
11subject to a civil infraction, punishable by a penalty of no
12more than $150.
13    (e) A registered qualifying patient shall notify the
14Department of Public Health of any change to his or her
15designated registered dispensing organization. Registered
16dispensing organizations must comply with all requirements of
17this Act.
18    (f) If the registered qualifying patient's certifying
19physician notifies the Department in writing that either the
20registered qualifying patient has ceased to suffer from a
21debilitating medical condition or that the physician no longer
22believes the patient would receive therapeutic or palliative
23benefit from the medical use of cannabis, the card shall become
24null and void. However, the registered qualifying patient shall
25have 15 days to destroy his or her remaining medical cannabis
26and related paraphernalia.

 

 

09900SB0010ham001- 31 -LRB099 04220 MJP 49157 a

1(Source: P.A. 98-122, eff. 1-1-14.)
 
2    (410 ILCS 130/220)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 220. Repeal of Act. This Act is repealed on July 1,
52020 4 years after the effective date of this Act.
6(Source: P.A. 98-122, eff. 1-1-14.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".