(410 ILCS 130/35)
(Section scheduled to be repealed on July 1, 2020)
(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
(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. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)