102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3487

 

Introduced 2/22/2021, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/55
410 ILCS 130/60
410 ILCS 130/62
410 ILCS 130/70
410 ILCS 130/75

    Amends the Compassionate Use of Medical Cannabis Program Act. Removes language requiring qualifying patients and designated caregivers to designate a registered medical cannabis dispensing organization for the qualifying patient or designated caregiver to receive medical cannabis. Effective immediately.


LRB102 15083 CPF 20438 b

 

 

A BILL FOR

 

HB3487LRB102 15083 CPF 20438 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Sections 55, 60, 62, 70, and
675 as follows:
 
7    (410 ILCS 130/55)
8    Sec. 55. Registration of qualifying patients and
9designated caregivers.
10    (a) The Department of Public Health shall issue registry
11identification cards to qualifying patients and designated
12caregivers who submit a completed application, and at minimum,
13the following, in accordance with Department of Public Health
14rules:
15        (1) A written certification, on a form developed by
16    the Department of Public Health consistent with Section 36
17    and issued by a certifying health care professional,
18    within 90 days immediately preceding the date of an
19    application and submitted by the qualifying patient or his
20    or her designated caregiver;
21        (2) upon the execution of applicable privacy waivers,
22    the patient's medical documentation related to his or her
23    debilitating condition and any other information that may

 

 

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1    be reasonably required by the Department of Public Health
2    to confirm that the certifying health care professional
3    and patient have a bona fide health care
4    professional-patient relationship, that the qualifying
5    patient is in the certifying health care professional's
6    care for his or her debilitating medical condition, and to
7    substantiate the patient's diagnosis;
8        (3) the application or renewal fee as set by rule;
9        (4) the name, address, date of birth, and social
10    security number of the qualifying patient, except that if
11    the applicant is homeless no address is required;
12        (5) the name, address, and telephone number of the
13    qualifying patient's certifying health care professional;
14        (6) the name, address, and date of birth of the
15    designated caregiver, if any, chosen by the qualifying
16    patient;
17        (7) (blank) the name of the registered medical
18    cannabis dispensing organization the qualifying patient
19    designates;
20        (8) signed statements from the patient and designated
21    caregiver asserting that they will not divert medical
22    cannabis; and
23        (9) (blank).
24    (b) Notwithstanding any other provision of this Act, a
25person provided a written certification for a debilitating
26medical condition who has submitted a completed online

 

 

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1application to the Department of Public Health shall receive a
2provisional registration and be entitled to purchase medical
3cannabis from a specified licensed dispensing organization for
4a period of 90 days or until his or her application has been
5denied or he or she receives a registry identification card,
6whichever is earlier. However, a person may obtain an
7additional provisional registration after the expiration of 90
8days after the date of application if the Department of Public
9Health does not provide the individual with a registry
10identification card or deny the individual's application
11within those 90 days.
12    The provisional registration may not be extended if the
13individual does not respond to the Department of Public
14Health's request for additional information or corrections to
15required application documentation.
16    In order for a person to receive medical cannabis under
17this subsection, a person must present his or her provisional
18registration along with a valid driver's license or State
19identification card to the licensed dispensing organization
20specified in his or her application. The dispensing
21organization shall verify the person's provisional
22registration through the Department of Public Health's online
23verification system.
24    Upon verification of the provided documents, the
25dispensing organization shall dispense no more than 2.5 ounces
26of medical cannabis during a 14-day period to the person for a

 

 

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1period of 90 days, until his or her application has been
2denied, or until he or she receives a registry identification
3card from the Department of Public Health, whichever is
4earlier.
5    Persons with provisional registrations must keep their
6provisional registration in his or her possession at all times
7when transporting or engaging in the medical use of cannabis.
8    (c) No person or business shall charge a fee for
9assistance in the preparation, compilation, or submission of
10an application to the Compassionate Use of Medical Cannabis
11Program or the Opioid Alternative Pilot Program. A violation
12of this subsection is a Class C misdemeanor, for which
13restitution to the applicant and a fine of up to $1,500 may be
14imposed. All fines shall be deposited into the Compassionate
15Use of Medical Cannabis Fund after restitution has been made
16to the applicant. The Department of Public Health shall refer
17individuals making complaints against a person or business
18under this Section to the Illinois State Police, who shall
19enforce violations of this provision. All application forms
20issued by the Department shall state that no person or
21business may charge a fee for assistance in the preparation,
22compilation, or submission of an application to the
23Compassionate Use of Medical Cannabis Program or the Opioid
24Alternative Pilot Program.
25(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 

 

 

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1    (410 ILCS 130/60)
2    Sec. 60. Issuance of registry identification cards.
3    (a) Except as provided in subsection (b), the Department
4of Public Health shall:
5        (1) verify the information contained in an application
6    or renewal for a registry identification card submitted
7    under this Act, and approve or deny an application or
8    renewal, within 90 days of receiving a completed
9    application or renewal application and all supporting
10    documentation specified in Section 55;
11        (2) issue registry identification cards to a
12    qualifying patient and his or her designated caregiver, if
13    any, within 15 business days of approving the application
14    or renewal;
15        (3) (blank) enter the registry identification number
16    of the registered dispensing organization the patient
17    designates into the verification system; and
18        (4) allow for an electronic application process, and
19    provide a confirmation by electronic or other methods that
20    an application has been submitted.
21    Notwithstanding any other provision of this Act, the
22Department of Public Health shall adopt rules for qualifying
23patients and applicants with life-long debilitating medical
24conditions, who may be charged annual renewal fees. The
25Department of Public Health shall not require patients and
26applicants with life-long debilitating medical conditions to

 

 

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1apply to renew registry identification cards.
2    (b) The Department of Public Health may not issue a
3registry identification card to a qualifying patient who is
4under 18 years of age, unless that patient suffers from
5seizures, including those characteristic of epilepsy, or as
6provided by administrative rule. The Department of Public
7Health shall adopt rules for the issuance of a registry
8identification card for qualifying patients who are under 18
9years of age and suffering from seizures, including those
10characteristic of epilepsy. The Department of Public Health
11may adopt rules to allow other individuals under 18 years of
12age to become registered qualifying patients under this Act
13with the consent of a parent or legal guardian. Registered
14qualifying patients under 18 years of age shall be prohibited
15from consuming forms of cannabis other than medical cannabis
16infused products and purchasing any usable cannabis.
17    (c) A veteran who has received treatment at a VA hospital
18is deemed to have a bona fide health care professional-patient
19relationship with a VA certifying health care professional if
20the patient has been seen for his or her debilitating medical
21condition at the VA hospital in accordance with VA hospital
22protocols. All reasonable inferences regarding the existence
23of a bona fide health care professional-patient relationship
24shall be drawn in favor of an applicant who is a veteran and
25has undergone treatment at a VA hospital.
26    (c-10) An individual who submits an application as someone

 

 

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1who is terminally ill shall have all fees waived. The
2Department of Public Health shall within 30 days after this
3amendatory Act of the 99th General Assembly adopt emergency
4rules to expedite approval for terminally ill individuals.
5These rules shall include, but not be limited to, rules that
6provide that applications by individuals with terminal
7illnesses shall be approved or denied within 14 days of their
8submission.
9    (d) No later than 6 months after the effective date of this
10amendatory Act of the 101st General Assembly, the Secretary of
11State shall remove all existing notations on driving records
12that the person is a registered qualifying patient or his or
13her caregiver under this Act.
14    (e) Upon the approval of the registration and issuance of
15a registry card under this Section, the Department of Public
16Health shall electronically forward the registered qualifying
17patient's identification card information to the Prescription
18Monitoring Program established under the Illinois Controlled
19Substances Act and certify that the individual is permitted to
20engage in the medical use of cannabis. For the purposes of
21patient care, the Prescription Monitoring Program shall make a
22notation on the person's prescription record stating that the
23person is a registered qualifying patient who is entitled to
24the lawful medical use of cannabis. If the person no longer
25holds a valid registry card, the Department of Public Health
26shall notify the Prescription Monitoring Program and

 

 

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1Department of Human Services to remove the notation from the
2person's record. The Department of Human Services and the
3Prescription Monitoring Program shall establish a system by
4which the information may be shared electronically. This
5confidential list may not be combined or linked in any manner
6with any other list or database except as provided in this
7Section.
8    (f) (Blank).
9(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
10101-593, eff. 12-4-19.)
 
11    (410 ILCS 130/62)
12    Sec. 62. Opioid Alternative Pilot Program.
13    (a) The Department of Public Health shall establish the
14Opioid Alternative Pilot Program. Licensed dispensing
15organizations shall allow persons with a written certification
16from a certifying health care professional under Section 36 to
17purchase medical cannabis upon enrollment in the Opioid
18Alternative Pilot Program. The Department of Public Health
19shall adopt rules or establish procedures allowing qualified
20veterans to participate in the Opioid Alternative Pilot
21Program. For a person to receive medical cannabis under this
22Section, the person must present the written certification
23along with a valid driver's license or state identification
24card to the licensed dispensing organization specified in his
25or her application. The dispensing organization shall verify

 

 

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1the person's status as an Opioid Alternative Pilot Program
2participant through the Department of Public Health's online
3verification system.
4    (b) The Opioid Alternative Pilot Program shall be limited
5to participation by Illinois residents age 21 and older.
6    (c) The Department of Financial and Professional
7Regulation shall specify that all licensed dispensing
8organizations participating in the Opioid Alternative Pilot
9Program use the Illinois Cannabis Tracking System. The
10Department of Public Health shall establish and maintain the
11Illinois Cannabis Tracking System. The Illinois Cannabis
12Tracking System shall be used to collect information about all
13persons participating in the Opioid Alternative Pilot Program
14and shall be used to track the sale of medical cannabis for
15verification purposes.
16    Each dispensing organization shall retain a copy of the
17Opioid Alternative Pilot Program certification and other
18identifying information as required by the Department of
19Financial and Professional Regulation, the Department of
20Public Health, and the Illinois State Police in the Illinois
21Cannabis Tracking System.
22    The Illinois Cannabis Tracking System shall be accessible
23to the Department of Financial and Professional Regulation,
24Department of Public Health, Department of Agriculture, and
25the Illinois State Police.
26    The Department of Financial and Professional Regulation in

 

 

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1collaboration with the Department of Public Health shall
2specify the data requirements for the Opioid Alternative Pilot
3Program by licensed dispensing organizations; including, but
4not limited to, the participant's full legal name, address,
5and date of birth, date on which the Opioid Alternative Pilot
6Program certification was issued, length of the participation
7in the Program, including the start and end date to purchase
8medical cannabis, name of the issuing physician, copy of the
9participant's current driver's license or State identification
10card, and phone number.
11    The Illinois Cannabis Tracking System shall provide
12verification of a person's participation in the Opioid
13Alternative Pilot Program for law enforcement at any time and
14on any day.
15    (d) The certification for Opioid Alternative Pilot Program
16participant must be issued by a certifying health care
17professional who is licensed to practice in Illinois under the
18Medical Practice Act of 1987, the Nurse Practice Act, or the
19Physician Assistant Practice Act of 1987 and who is in good
20standing and holds a controlled substances license under
21Article III of the Illinois Controlled Substances Act.
22    The certification for an Opioid Alternative Pilot Program
23participant shall be written within 90 days before the
24participant submits his or her certification to the dispensing
25organization.
26    The written certification uploaded to the Illinois

 

 

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1Cannabis Tracking System shall be accessible to the Department
2of Public Health.
3    (e) Upon verification of the individual's valid
4certification and enrollment in the Illinois Cannabis Tracking
5System, the dispensing organization may dispense the medical
6cannabis, in amounts not exceeding 2.5 ounces of medical
7cannabis per 14-day period to the participant at the
8participant's specified dispensary for no more than 90 days.
9    An Opioid Alternative Pilot Program participant shall not
10be registered as a medical cannabis cardholder. The dispensing
11organization shall verify that the person is not an active
12registered qualifying patient prior to enrollment in the
13Opioid Alternative Pilot Program and each time medical
14cannabis is dispensed.
15    Upon receipt of a written certification under the Opioid
16Alternative Pilot Program, the Department of Public Health
17shall electronically forward the patient's identification
18information to the Prescription Monitoring Program established
19under the Illinois Controlled Substances Act and certify that
20the individual is permitted to engage in the medical use of
21cannabis. For the purposes of patient care, the Prescription
22Monitoring Program shall make a notation on the person's
23prescription record stating that the person has a written
24certification under the Opioid Alternative Pilot Program and
25is a patient who is entitled to the lawful medical use of
26cannabis. If the person is no longer authorized to engage in

 

 

HB3487- 12 -LRB102 15083 CPF 20438 b

1the medical use of cannabis, the Department of Public Health
2shall notify the Prescription Monitoring Program and
3Department of Human Services to remove the notation from the
4person's record. The Department of Human Services and the
5Prescription Monitoring Program shall establish a system by
6which the information may be shared electronically. This
7confidential list may not be combined or linked in any manner
8with any other list or database except as provided in this
9Section.
10    (f) An Opioid Alternative Pilot Program participant shall
11not be considered a qualifying patient with a debilitating
12medical condition under this Act and shall be provided access
13to medical cannabis solely for the duration of the
14participant's certification. Nothing in this Section shall be
15construed to limit or prohibit an Opioid Alternative Pilot
16Program participant who has a debilitating medical condition
17from applying to the Compassionate Use of Medical Cannabis
18Program.
19    (g) A person with a provisional registration under Section
2055 shall not be considered an Opioid Alternative Pilot Program
21participant.
22    (h) The Department of Financial and Professional
23Regulation and the Department of Public Health shall submit
24emergency rulemaking to implement the changes made by this
25amendatory Act of the 100th General Assembly by December 1,
262018. The Department of Financial and Professional Regulation,

 

 

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1the Department of Agriculture, the Department of Human
2Services, the Department of Public Health, and the Illinois
3State Police shall utilize emergency purchase authority for 12
4months after the effective date of this amendatory Act of the
5100th General Assembly for the purpose of implementing the
6changes made by this amendatory Act of the 100th General
7Assembly.
8    (i) Dispensing organizations are not authorized to
9dispense medical cannabis to Opioid Alternative Pilot Program
10participants until administrative rules are approved by the
11Joint Committee on Administrative Rules and go into effect.
12    (j) The provisions of this Section are inoperative on and
13after July 1, 2020.
14(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
15    (410 ILCS 130/70)
16    Sec. 70. Registry identification cards.
17    (a) A registered qualifying patient or designated
18caregiver must keep their registry identification card in his
19or her possession at all times when engaging in the medical use
20of cannabis.
21    (b) Registry identification cards shall contain the
22following:
23        (1) the name of the cardholder;
24        (2) a designation of whether the cardholder is a
25    designated caregiver or qualifying patient;

 

 

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1        (3) the date of issuance and expiration date of the
2    registry identification card;
3        (4) a random alphanumeric identification number that
4    is unique to the cardholder;
5        (5) if the cardholder is a designated caregiver, the
6    random alphanumeric identification number of the
7    registered qualifying patient the designated caregiver is
8    receiving the registry identification card to assist; and
9        (6) a photograph of the cardholder, if required by
10    Department of Public Health rules.
11    (c) To maintain a valid registration identification card,
12a registered qualifying patient and caregiver must annually
13resubmit, at least 45 days prior to the expiration date stated
14on the registry identification card, a completed renewal
15application, renewal fee, and accompanying documentation as
16described in Department of Public Health rules. The Department
17of Public Health shall send a notification to a registered
18qualifying patient or registered designated caregiver 90 days
19prior to the expiration of the registered qualifying patient's
20or registered designated caregiver's identification card. If
21the Department of Public Health fails to grant or deny a
22renewal application received in accordance with this Section,
23then the renewal is deemed granted and the registered
24qualifying patient or registered designated caregiver may
25continue to use the expired identification card until the
26Department of Public Health denies the renewal or issues a new

 

 

HB3487- 15 -LRB102 15083 CPF 20438 b

1identification card.
2    (d) Except as otherwise provided in this Section, the
3expiration date is 3 years after the date of issuance.
4    (e) The Department of Public Health may electronically
5store in the card any or all of the information listed in
6subsection (b), along with the address and date of birth of the
7cardholder and the qualifying patient's designated dispensary
8organization, to allow it to be read by law enforcement
9agents.
10(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
11    (410 ILCS 130/75)
12    Sec. 75. Notifications to Department of Public Health and
13responses; civil penalty.
14    (a) The following notifications and Department of Public
15Health responses are required:
16        (1) A registered qualifying patient shall notify the
17    Department of Public Health of any change in his or her
18    name or address, or if the registered qualifying patient
19    ceases to have his or her debilitating medical condition,
20    within 10 days of the change.
21        (2) A registered designated caregiver shall notify the
22    Department of Public Health of any change in his or her
23    name or address, or if the designated caregiver becomes
24    aware the registered qualifying patient passed away,
25    within 10 days of the change.

 

 

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1        (3) Before a registered qualifying patient changes his
2    or her designated caregiver, the qualifying patient must
3    notify the Department of Public Health.
4        (4) If a cardholder loses his or her registry
5    identification card, he or she shall notify the Department
6    within 10 days of becoming aware the card has been lost.
7    (b) When a cardholder notifies the Department of Public
8Health of items listed in subsection (a), but remains eligible
9under this Act, the Department of Public Health shall issue
10the cardholder a new registry identification card with a new
11random alphanumeric identification number within 15 business
12days of receiving the updated information and a fee as
13specified in Department of Public Health rules. If the person
14notifying the Department of Public Health is a registered
15qualifying patient, the Department shall also issue his or her
16registered designated caregiver, if any, a new registry
17identification card within 15 business days of receiving the
18updated information.
19    (c) If a registered qualifying patient ceases to be a
20registered qualifying patient or changes his or her registered
21designated caregiver, the Department of Public Health shall
22promptly notify the designated caregiver. The registered
23designated caregiver's protections under this Act as to that
24qualifying patient shall expire 15 days after notification by
25the Department.
26    (d) A cardholder who fails to make a notification to the

 

 

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1Department of Public Health that is required by this Section
2is subject to a civil infraction, punishable by a penalty of no
3more than $150.
4    (e) (Blank) A registered qualifying patient shall notify
5the Department of Public Health of any change to his or her
6designated registered dispensing organization. The Department
7of Public Health shall provide for immediate changes of a
8registered qualifying patient's designated registered
9dispensing organization. Registered dispensing organizations
10must comply with all requirements of this Act.
11    (f) If the registered qualifying patient's certifying
12certifying health care professional notifies the Department in
13writing that either the registered qualifying patient has
14ceased to suffer from a debilitating medical condition, that
15the bona fide health care professional-patient relationship
16has terminated, or that continued use of medical cannabis
17would result in contraindication with the patient's other
18medication, the card shall become null and void. However, the
19registered qualifying patient shall have 15 days to destroy
20his or her remaining medical cannabis and related
21paraphernalia.
22(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
23revised 12-9-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.