HB5876 98TH GENERAL ASSEMBLY

LRB098 19142 ZMM 54294 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5876

Introduced , by Rep. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

225 ILCS 65/65-70 new
410 ILCS 130/20
410 ILCS 130/75
410 ILCS 130/200
30 ILCS 105/5.855 new

Amends the Nurse Practice Act. Creates the Illinois Primary Care Workforce Investment Fund for the purposes of providing individuals seeking licensure as an advanced practice nurse with increased opportunities to complete the clinical hours required for licensure and increased access to clinical preceptors who are qualified to teach, supervise, and evaluate these individuals. Provides that the fund is also intended to address the State-wide shortage of a primary care workforce by increasing the number of advanced practice nurses in local health care facilities. Further provides that the fund shall be financed by moneys collected from the proceeds of the penalty imposed on cardholders who violate certain provisions of the Compassionate Use of Medical Cannabis Pilot Program Act and from the proceeds of the tax paid by cultivation centers under certain provisions of the Compassionate Use of Medical Cannabis Pilot Program Act. Amends the Compassionate Use of Medical Cannabis Pilot Program Act and the State Finance Act to make related changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nurse Practice Act is amended by adding Section 65-70 as follows:

(225 ILCS 65/65-70 new)

Sec. 65-70. Illinois Primary Care Workforce Investment Fund. The Illinois Primary Care Workforce Investment Fund is created as a special fund in the State treasury for the purpose of providing individuals seeking licensure as an APN with increased opportunities to complete the clinical hours required for licensure, which shall be achieved in part by making clinical preceptors qualified to teach, supervise, and evaluate these individuals more accessible in local health care facilities. The fund is also intended to address the State-wide shortage of a primary care workforce by increasing the number of advanced practice nurses in local health care facilities. The moneys in this fund shall be used by the Department, subject to appropriation, to provide monetary assistance to hospitals, hospital affiliates, ambulatory surgical treatment centers, nursing schools, community health centers, and any other licensed health care facilities or non-profit entities operating in this State for the purpose of providing clinical opportunities for individuals studying to be an advanced practice nurse, including the employment of a clinical preceptor who is qualified to supervise such individuals. The fund shall be financed by moneys collected from the proceeds of the penalty imposed on cardholders under subsection (d) of Section 75 of the Compassionate Use of Medical Cannabis Pilot Program Act and from the proceeds of the tax paid by cultivation centers under subsection (a) of Section 200 of the Compassionate Use of Medical Cannabis Pilot Program Act.

Section 10. The Compassionate Use of Medical Cannabis Pilot Program Act is amended by changing Sections 20, 75, and 200 as follows:

(410 ILCS 130/20)

(Section scheduled to be repealed on January 1, 2018)

Sec. 20. Compassionate Use of Medical Cannabis Fund.

(a) There is created the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of this Act. Funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of this Act shall be used to fund crime prevention programs.

(b) Except as provided in subsection (d) of Section 75 and in Section 200 of this Act, all All monies collected under this Act shall be deposited in the Compassionate Use of Medical Cannabis Fund in the State treasury. All earnings received from investment of monies in the Compassionate Use of Medical Cannabis Fund shall be deposited in the Compassionate Use of Medical Cannabis Fund.

(c) Notwithstanding any other law to the contrary, the Compassionate Use of Medical Cannabis Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Compassionate Use of Medical Cannabis Fund into any other fund of the State.

(Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/75)

(Section scheduled to be repealed on January 1, 2018)

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. Moneys collected pursuant to this subsection (d) shall be deposited into the Illinois Primary Care Workforce Investment Fund.

(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 or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, 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.)

(410 ILCS 130/200)

(Section scheduled to be repealed on January 1, 2018)

Sec. 200. Tax imposed.

(a) Beginning on the effective date of this Act, a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. The proceeds from this tax shall be deposited into the Illinois Primary Care Workforce Investment Fund Compassionate Use of Medical Cannabis Fund created under the Nurse Practice Act Compassionate Use of Medical Cannabis Pilot Program Act. This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient.

(b) The tax imposed under this Act shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.

(Source: P.A. 98-122, eff. 1-1-14.)

Section 15. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Illinois Primary Care Workforce Investment Fund.