Full Text of SB1381 96th General Assembly
SB1381sam003 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/27/2009
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LRB096 09012 RLC 24743 a |
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| AMENDMENT TO SENATE BILL 1381
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| AMENDMENT NO. ______. Amend Senate Bill 1381 on page 2, | 3 |
| line 17, by replacing "practitioners" with "physicians"; and | 4 |
| by replacing lines 16 through 26 on page 3 and lines 1 through | 5 |
| 6 on page 4 with the following:
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| "(b) "Debilitating medical condition" means one or more of | 7 |
| the following: | 8 |
| (1) cancer, glaucoma, positive status for human | 9 |
| immunodeficiency virus, acquired immune deficiency | 10 |
| syndrome, hepatitis C, amyotrophic lateral sclerosis, | 11 |
| Crohn's disease, agitation of Alzheimer's disease, nail | 12 |
| patella, or the treatment of these conditions; | 13 |
| (2) a chronic or debilitating disease or medical | 14 |
| condition or its treatment that produces one or more of the | 15 |
| following: cachexia or wasting syndrome; seizures, | 16 |
| including but not limited to those characteristic of | 17 |
| epilepsy; or severe and persistent muscle spasms, |
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| including but not limited to those characteristic of | 2 |
| multiple sclerosis; | 3 |
| (3) a debilitating disease or medical condition or its | 4 |
| treatment that produces intractable pain, which is severe, | 5 |
| debilitating pain that did not respond to other reasonable | 6 |
| medical efforts for a reasonable period of time, including | 7 |
| in cases where other treatment options produced serious | 8 |
| side effects; | 9 |
| (4) a debilitating disease or medical condition or its | 10 |
| treatment that produces severe, debilitating nausea that | 11 |
| did not respond to other reasonable medical efforts for a | 12 |
| reasonable
period of time, including cases where other | 13 |
| treatment options produced serious side effects; or | 14 |
| (5) any other medical condition or its treatment | 15 |
| approved by the Department, as provided for in subsection | 16 |
| (a) of Section 20."; and
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| on page 5, by replacing lines 4 through 6 with the following: | 18 |
| "(h) "Physician" means a person licensed under the Medical | 19 |
| Practice Act of 1987 to practice medicine in all its branches | 20 |
| who has the authority to prescribe under Article III of the | 21 |
| Illinois Controlled Substances Act."; and | 22 |
| on page 5, line 17, by replacing "practitioner" with | 23 |
| "physician"; and |
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| on page 6, by replacing lines 4 through 15 with the following: | 2 |
| "(n) "Written certification" means a document signed by a | 3 |
| physician, stating: (1) that in the physician's professional | 4 |
| opinion the patient is likely to receive therapeutic or | 5 |
| palliative benefit from the medical use of cannabis to treat or | 6 |
| alleviate the patient's debilitating medical condition or | 7 |
| symptoms associated with the debilitating medical condition; | 8 |
| (2) that the qualifying patient has a debilitating medical | 9 |
| condition and specifying what debilitating medical condition | 10 |
| the qualifying patient has; and (3) that the patient is under | 11 |
| the physician's care for the debilitating medical condition. A | 12 |
| written certification shall be made only in the course of a | 13 |
| bona fide physician-patient relationship after the physician | 14 |
| has completed a full assessment of the qualifying patient's | 15 |
| medical history."; and | 16 |
| on page 9, line 20, by replacing "practitioner" with | 17 |
| "physician"; and | 18 |
| on page 9, line 26, by replacing "practitioner's" with | 19 |
| "physician's"; and | 20 |
| on page 10, line 6, by replacing "practitioner" with | 21 |
| "physician"; and | 22 |
| on page 12, by replacing lines 16 through 18 with the |
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| following: | 2 |
| "Act. The fee shall include an additional $3 per registry | 3 |
| identification card which shall be used to develop and | 4 |
| disseminate educational information about the health risks | 5 |
| associated with the abuse of cannabis and prescription | 6 |
| medications. The Department may establish a sliding scale of"; | 7 |
| and | 8 |
| on page 12, by inserting immediately below line 21 the | 9 |
| following: | 10 |
| "(c) Not later than 120 days after the effective date of | 11 |
| this Act, the Department shall promulgate rules governing the | 12 |
| manner in which it shall consider applications for and renewals | 13 |
| of registration certificates for medical cannabis | 14 |
| organizations, including rules governing the form and content | 15 |
| of registration and renewal applications, and a standard form | 16 |
| for written certifications."; and
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| on page 13, line 1, by inserting after "certification" the | 18 |
| following: | 19 |
| ", which shall be on a form developed by the Department"; and | 20 |
| on page 13, line 7, by replacing "practitioner" with | 21 |
| "physician"; and | 22 |
| on page 13, line 13, by replacing "practitioner" with |
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| "physician"; and | 2 |
| on page 15, line 14, by replacing "practitioner" with | 3 |
| "physician"; and | 4 |
| on page 16, line 25, by replacing "practitioners" with | 5 |
| "physicians"; and | 6 |
| on page 18, line 3, by replacing "practitioners" with | 7 |
| "physicians"; and | 8 |
| on page 18, line 13, by replacing "practitioners" with | 9 |
| "physicians"; and | 10 |
| on page 18, by replacing lines 15 through 24 with the | 11 |
| following: | 12 |
| "(j) The Department shall develop and disseminate | 13 |
| educational information about the health risks associated with | 14 |
| the abuse of cannabis and prescription medications, which shall | 15 |
| be funded by the $3 fees generated from registry identification | 16 |
| cards."; and | 17 |
| on page 20, by inserting immediately line 13 the following: | 18 |
| "(d) Nothing in this Act shall be construed to prevent the | 19 |
| arrest or prosecution of a registered qualifying patient for | 20 |
| reckless driving or driving under the influence of cannabis |
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| where probable cause exists. | 2 |
| (e) This Act shall in no way limit an employer's ability to | 3 |
| discipline an employee for ingesting cannabis in the workplace | 4 |
| or for working while under the influence of cannabis. This Act | 5 |
| shall in no way limit an employer's ability to discipline an | 6 |
| employee for failing a drug test if failing to do so would put | 7 |
| the employer in violation of federal law or cause it to lose a | 8 |
| federal contract or funding."; and | 9 |
| on page 20, line 21, by replacing "practitioner" with | 10 |
| "physician"; and | 11 |
| on page 20, line 22, by replacing "practitioner's" with | 12 |
| "physician's"; and | 13 |
| on page 20, line 25, by replacing "practitioner-patient" with | 14 |
| "physician-patient"; and | 15 |
| on page 27, line 7, by replacing "reasonable" with "random"; | 16 |
| and | 17 |
| by replacing lines 15 through 24 on page 30 and lines 1 through | 18 |
| 13 on page 31 with the following: | 19 |
| "(a) By July 1, 2010, the Department shall adopt rules | 20 |
| defining the quantity of cannabis that could reasonably be | 21 |
| presumed to be a 60-day supply for qualifying patients. |
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| (b) During the rule-making process, the Department shall | 2 |
| make a good faith effort to include all stakeholders identified | 3 |
| in the rule-making analysis as being impacted by the rule. | 4 |
| (c) Stakeholders shall include, but are not limited to: | 5 |
| (1) at least 3 physicians, one of whom must have prior | 6 |
| experience treating medical cannabis patients and another | 7 |
| who specializes in oncology; | 8 |
| (2) 2 nurses, one of whom must have prior experience | 9 |
| treating HIV/AIDS patients; | 10 |
| (3) a representative from hospice; | 11 |
| (4) a representative from the law enforcement | 12 |
| community; | 13 |
| (5) the Director of State Police or his or her | 14 |
| designee; | 15 |
| (6) a prosecuting attorney currently employed by the | 16 |
| State of Illinois; | 17 |
| (7) a public defender currently employed by the State | 18 |
| of Illinois; | 19 |
| (8) a defense attorney in private practice; | 20 |
| (9) a licensed phlebotomist; and | 21 |
| (10) a horticulturist."; and
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| on page 34, by inserting immediately below line 5 the | 23 |
| following: | 24 |
| " (3) Any registered qualifying patient or registered | 25 |
| primary caregiver who sells cannabis to someone who is not |
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| allowed to use cannabis is subject to a penalty enhancement of | 2 |
| not more than 2 years in prison or a fine of not more than | 3 |
| $2,000, or both, for abuse of the Compassionate Use of Medical | 4 |
| Cannabis Pilot Program Act. ".
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