Sen. William R. Haine

Filed: 5/10/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 346

2    AMENDMENT NO. ______. Amend Senate Bill 346 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 10, 25, 35, 50, 55,
660, 75, and 220 and by adding Section 74 as follows:
 
7    (410 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 10. Definitions. The following terms, as used in this
10Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written

 

 

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1    statement asserting that, based on the patient's medical
2    history, in the physician's professional judgment, 2.5
3    ounces is an insufficient adequate supply for a 14-day
4    period to properly alleviate the patient's debilitating
5    medical condition or symptoms associated with the
6    debilitating medical condition.
7        (3) This subsection may not be construed to authorize
8    the possession of more than 2.5 ounces at any time without
9    authority from the Department of Public Health.
10        (2) (4) The pre-mixed weight of medical cannabis used
11    in making a cannabis infused product shall apply toward the
12    limit on the total amount of medical cannabis a registered
13    qualifying patient may possess at any one time.
14    (b) "Cannabis" has the meaning given that term in Section 3
15of the Cannabis Control Act.
16    (c) "Cannabis plant monitoring system" means a system that
17includes, but is not limited to, testing and data collection
18established and maintained by the registered cultivation
19center and available to the Department for the purposes of
20documenting each cannabis plant and for monitoring plant
21development throughout the life cycle of a cannabis plant
22cultivated for the intended use by a qualifying patient from
23seed planting to final packaging.
24    (d) "Cardholder" means a qualifying patient or a designated
25caregiver who has been issued and possesses a valid registry
26identification card by the Department of Public Health.

 

 

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1    (e) "Cultivation center" means a facility operated by an
2organization or business that is registered by the Department
3of Agriculture to perform necessary activities to provide only
4registered medical cannabis dispensing organizations with
5usable medical cannabis.
6    (f) "Cultivation center agent" means a principal officer,
7board member, employee, or agent of a registered cultivation
8center who is 21 years of age or older and has not been
9convicted of an excluded offense.
10    (g) "Cultivation center agent identification card" means a
11document issued by the Department of Agriculture that
12identifies a person as a cultivation center agent.
13    (h) "Debilitating medical condition" means one or more of
14the following:
15        (1) cancer, glaucoma, positive status for human
16    immunodeficiency virus, acquired immune deficiency
17    syndrome, hepatitis C, amyotrophic lateral sclerosis,
18    Crohn's disease, agitation of Alzheimer's disease,
19    cachexia/wasting syndrome, muscular dystrophy, severe
20    fibromyalgia, spinal cord disease, including but not
21    limited to arachnoiditis, Tarlov cysts, hydromyelia,
22    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
23    spinal cord injury, traumatic brain injury and
24    post-concussion syndrome, Multiple Sclerosis,
25    Arnold-Chiari malformation and Syringomyelia,
26    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,

 

 

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1    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
2    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
3    (Complex Regional Pain Syndromes Type II),
4    Neurofibromatosis, Chronic Inflammatory Demyelinating
5    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
6    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
7    syndrome, residual limb pain, seizures (including those
8    characteristic of epilepsy), or the treatment of these
9    conditions; or
10        (2) any other debilitating medical condition or its
11    treatment that is added by the Department of Public Health
12    by rule as provided in Section 45.
13    (i) "Designated caregiver" means a person who: (1) is at
14least 21 years of age; (2) has agreed to assist with a
15patient's medical use of cannabis; (3) has not been convicted
16of an excluded offense; and (4) assists no more than one
17registered qualifying patient with his or her medical use of
18cannabis, except that a designated caregiver may assist more
19than one registered qualifying patient if they are employed by
20a residential facility regulated by the State and assist only
21those registered qualifying patients that reside in that
22residential facility.
23    (j) "Dispensing organization agent identification card"
24means a document issued by the Department of Financial and
25Professional Regulation that identifies a person as a medical
26cannabis dispensing organization agent.

 

 

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1    (k) "Enclosed, locked facility" means a room, greenhouse,
2building, or other enclosed area equipped with locks or other
3security devices that permit access only by a cultivation
4center's agents or a dispensing organization's agent working
5for the registered cultivation center or the registered
6dispensing organization to cultivate, store, and distribute
7cannabis for registered qualifying patients.
8    (l) "Excluded offense" means:
9        (1) a violent crime defined in Section 3 of the Rights
10    of Crime Victims and Witnesses Act or a substantially
11    similar offense that was classified as a felony in the
12    jurisdiction where the person was convicted; or
13        (2) a violation of a state or federal controlled
14    substance law that was classified as a felony in the
15    jurisdiction where the person was convicted, except that
16    the registering Department may waive this restriction if
17    the person demonstrates to the registering Department's
18    satisfaction that his or her conviction was for the
19    possession, cultivation, transfer, or delivery of a
20    reasonable amount of cannabis intended for medical use.
21    This exception does not apply if the conviction was under
22    state law and involved a violation of an existing medical
23    cannabis law.
24    (m) "Medical cannabis cultivation center registration"
25means a registration issued by the Department of Agriculture.
26    (n) "Medical cannabis container" means a sealed,

 

 

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1traceable, food compliant, tamper resistant, tamper evident
2container, or package used for the purpose of containment of
3medical cannabis from a cultivation center to a dispensing
4organization.
5    (o) "Medical cannabis dispensing organization", or
6"dispensing organization", or "dispensary organization" means
7a facility operated by an organization or business that is
8registered by the Department of Financial and Professional
9Regulation to acquire medical cannabis from a registered
10cultivation center for the purpose of dispensing cannabis,
11paraphernalia, or related supplies and educational materials
12to registered qualifying patients.
13    (p) "Medical cannabis dispensing organization agent" or
14"dispensing organization agent" means a principal officer,
15board member, employee, or agent of a registered medical
16cannabis dispensing organization who is 21 years of age or
17older and has not been convicted of an excluded offense.
18    (q) "Medical cannabis infused product" means food, oils,
19ointments, or other products containing usable cannabis that
20are not smoked.
21    (r) "Medical use" means the acquisition; administration;
22delivery; possession; transfer; transportation; or use of
23cannabis to treat or alleviate a registered qualifying
24patient's debilitating medical condition or symptoms
25associated with the patient's debilitating medical condition.
26    (s) "Physician" means a doctor of medicine or doctor of

 

 

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1osteopathy licensed under the Medical Practice Act of 1987 to
2practice medicine and who has a controlled substances license
3under Article III of the Illinois Controlled Substances Act. It
4does not include a licensed practitioner under any other Act
5including but not limited to the Illinois Dental Practice Act.
6    (t) "Qualifying patient" means a person who has been
7diagnosed by a physician as having a debilitating medical
8condition.
9    (u) "Registered" means licensed, permitted, or otherwise
10certified by the Department of Agriculture, Department of
11Public Health, or Department of Financial and Professional
12Regulation.
13    (v) "Registry identification card" means a document issued
14by the Department of Public Health that identifies a person as
15a registered qualifying patient or registered designated
16caregiver.
17    (w) "Usable cannabis" means the seeds, leaves, buds, and
18flowers of the cannabis plant and any mixture or preparation
19thereof, but does not include the stalks, and roots of the
20plant. It does not include the weight of any non-cannabis
21ingredients combined with cannabis, such as ingredients added
22to prepare a topical administration, food, or drink.
23    (x) "Verification system" means a Web-based system
24established and maintained by the Department of Public Health
25that is available to the Department of Agriculture, the
26Department of Financial and Professional Regulation, law

 

 

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1enforcement personnel, and registered medical cannabis
2dispensing organization agents on a 24-hour basis for the
3verification of registry identification cards, the tracking of
4delivery of medical cannabis to medical cannabis dispensing
5organizations, and the tracking of the date of sale, amount,
6and price of medical cannabis purchased by a registered
7qualifying patient.
8    (y) "Written certification" means a document dated and
9signed by a physician, stating (1) that in the physician's
10professional opinion the patient is likely to receive
11therapeutic or palliative benefit from the medical use of
12cannabis to treat or alleviate the patient's debilitating
13medical condition or symptoms associated with the debilitating
14medical condition; (2) that the qualifying patient has a
15debilitating medical condition and specifying the debilitating
16medical condition the qualifying patient has; and (2) (3) that
17the patient is under the physician's care for the physician is
18treating or managing treatment of the patient's debilitating
19medical condition. A written certification shall be made only
20in the course of a bona fide physician-patient relationship,
21after the physician has completed an assessment of the
22qualifying patient's medical history, reviewed relevant
23records related to the patient's debilitating condition, and
24conducted a physical examination.
25    A veteran who has received treatment at a VA hospital shall
26be deemed to have a bona fide physician-patient relationship

 

 

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1with a VA physician if the patient has been seen for his or her
2debilitating medical condition at the VA Hospital in accordance
3with VA Hospital protocols.
4    A bona fide physician-patient relationship under this
5subsection is a privileged communication within the meaning of
6Section 8-802 of the Code of Civil Procedure.
7(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 
8    (410 ILCS 130/25)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 25. Immunities and presumptions related to the medical
11use of cannabis.
12    (a) A registered qualifying patient is not subject to
13arrest, prosecution, or denial of any right or privilege,
14including but not limited to civil penalty or disciplinary
15action by an occupational or professional licensing board, for
16the medical use of cannabis in accordance with this Act, if the
17registered qualifying patient possesses an amount of cannabis
18that does not exceed an adequate supply as defined in
19subsection (a) of Section 10 of this Act of usable cannabis
20and, where the registered qualifying patient is a licensed
21professional, the use of cannabis does not impair that licensed
22professional when he or she is engaged in the practice of the
23profession for which he or she is licensed.
24    (b) A registered designated caregiver is not subject to
25arrest, prosecution, or denial of any right or privilege,

 

 

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1including but not limited to civil penalty or disciplinary
2action by an occupational or professional licensing board, for
3acting in accordance with this Act to assist a registered
4qualifying patient to whom he or she is connected through the
5Department's registration process with the medical use of
6cannabis if the designated caregiver possesses an amount of
7cannabis that does not exceed an adequate supply as defined in
8subsection (a) of Section 10 of this Act of usable cannabis.
9The total amount possessed between the qualifying patient and
10caregiver shall not exceed the patient's adequate supply as
11defined in subsection (a) of Section 10 of this Act. If a
12registered designated caregiver assists more than one
13qualifying patient, the registered designated caregiver shall
14not knowingly obtain, seek to obtain, or possess an amount of
15usable cannabis from a registered medical cannabis dispensing
16organization that would cause the amount of usable cannabis
17obtained or possessed by the registered designated caregiver to
18exceed the authorized adequate supply under subsection (a) of
19Section 10 for the number of qualifying patients he or she is
20assisting.
21    (c) A registered qualifying patient or registered
22designated caregiver is not subject to arrest, prosecution, or
23denial of any right or privilege, including but not limited to
24civil penalty or disciplinary action by an occupational or
25professional licensing board for possession of cannabis that is
26incidental to medical use, but is not usable cannabis as

 

 

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1defined in this Act.
2    (d)(1) There is a rebuttable presumption that a registered
3qualifying patient is engaged in, or a designated caregiver is
4assisting with, the medical use of cannabis in accordance with
5this Act if the qualifying patient or designated caregiver:
6        (A) is in possession of a valid registry identification
7    card; and
8        (B) is in possession of an amount of cannabis that does
9    not exceed the amount allowed under subsection (a) of
10    Section 10. If a registered designated caregiver assists
11    more than one qualifying patient, the registered
12    designated caregiver shall not knowingly obtain, seek to
13    obtain, or possess an amount of usable cannabis from a
14    registered medical cannabis dispensing organization that
15    would cause the amount of usable cannabis obtained or
16    possessed by the registered designated caregiver to exceed
17    the authorized adequate supply under subsection (a) of
18    Section 10 for the number of qualifying patients he or she
19    is assisting.
20    (2) The presumption may be rebutted by evidence that
21conduct related to cannabis was not for the purpose of treating
22or alleviating the qualifying patient's debilitating medical
23condition or symptoms associated with the debilitating medical
24condition in compliance with this Act.
25    (e) A physician is not subject to arrest, prosecution, or
26penalty in any manner, or denied any right or privilege,

 

 

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1including but not limited to civil penalty or disciplinary
2action by the Medical Disciplinary Board or by any other
3occupational or professional licensing board, solely for
4providing written certifications or for otherwise stating
5that, in the physician's professional opinion, a patient is
6likely to receive therapeutic or palliative benefit from the
7medical use of cannabis to treat or alleviate the patient's
8debilitating medical condition or symptoms associated with the
9debilitating medical condition, provided that nothing shall
10prevent a professional licensing or disciplinary board from
11sanctioning a physician for: (1) issuing a written
12certification to a patient who is not under the physician's
13care for a debilitating medical condition; or (2) failing to
14properly evaluate a patient's medical condition or otherwise
15violating the standard of care for evaluating medical
16conditions.
17    (f) No person may be subject to arrest, prosecution, or
18denial of any right or privilege, including but not limited to
19civil penalty or disciplinary action by an occupational or
20professional licensing board, solely for: (1) selling cannabis
21paraphernalia to a cardholder upon presentation of an unexpired
22registry identification card in the recipient's name, if
23employed and registered as a dispensing agent by a registered
24dispensing organization; (2) being in the presence or vicinity
25of the medical use of cannabis as allowed under this Act; or
26(3) assisting a registered qualifying patient with the act of

 

 

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1administering cannabis.
2    (g) A registered cultivation center is not subject to
3prosecution; search or inspection, except by the Department of
4Agriculture, Department of Public Health, or State or local law
5enforcement under Section 130; seizure; or penalty in any
6manner, or be denied any right or privilege, including but not
7limited to civil penalty or disciplinary action by a business
8licensing board or entity, for acting under this Act and
9Department of Agriculture rules to: acquire, possess,
10cultivate, manufacture, deliver, transfer, transport, supply,
11or sell cannabis to registered dispensing organizations.
12    (h) A registered cultivation center agent is not subject to
13prosecution, search, or penalty in any manner, or be denied any
14right or privilege, including but not limited to civil penalty
15or disciplinary action by a business licensing board or entity,
16for working or volunteering for a registered cannabis
17cultivation center under this Act and Department of Agriculture
18rules, including to perform the actions listed under subsection
19(g).
20    (i) A registered dispensing organization is not subject to
21prosecution; search or inspection, except by the Department of
22Financial and Professional Regulation or State or local law
23enforcement pursuant to Section 130; seizure; or penalty in any
24manner, or be denied any right or privilege, including but not
25limited to civil penalty or disciplinary action by a business
26licensing board or entity, for acting under this Act and

 

 

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1Department of Financial and Professional Regulation rules to:
2acquire, possess, or dispense cannabis, or related supplies,
3and educational materials to registered qualifying patients or
4registered designated caregivers on behalf of registered
5qualifying patients.
6    (j) A registered dispensing organization agent is not
7subject to prosecution, search, or penalty in any manner, or be
8denied any right or privilege, including but not limited to
9civil penalty or disciplinary action by a business licensing
10board or entity, for working or volunteering for a dispensing
11organization under this Act and Department of Financial and
12Professional Regulation rules, including to perform the
13actions listed under subsection (i).
14    (k) Any cannabis, cannabis paraphernalia, illegal
15property, or interest in legal property that is possessed,
16owned, or used in connection with the medical use of cannabis
17as allowed under this Act, or acts incidental to that use, may
18not be seized or forfeited. This Act does not prevent the
19seizure or forfeiture of cannabis exceeding the amounts allowed
20under this Act, nor shall it prevent seizure or forfeiture if
21the basis for the action is unrelated to the cannabis that is
22possessed, manufactured, transferred, or used under this Act.
23    (l) Mere possession of, or application for, a registry
24identification card or registration certificate does not
25constitute probable cause or reasonable suspicion, nor shall it
26be used as the sole basis to support the search of the person,

 

 

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1property, or home of the person possessing or applying for the
2registry identification card. The possession of, or
3application for, a registry identification card does not
4preclude the existence of probable cause if probable cause
5exists on other grounds.
6    (m) Nothing in this Act shall preclude local or State law
7enforcement agencies from searching a registered cultivation
8center where there is probable cause to believe that the
9criminal laws of this State have been violated and the search
10is conducted in conformity with the Illinois Constitution, the
11Constitution of the United States, and all State statutes.
12    (n) Nothing in this Act shall preclude local or state law
13enforcement agencies from searching a registered dispensing
14organization where there is probable cause to believe that the
15criminal laws of this State have been violated and the search
16is conducted in conformity with the Illinois Constitution, the
17Constitution of the United States, and all State statutes.
18    (o) No individual employed by the State of Illinois shall
19be subject to criminal or civil penalties for taking any action
20in accordance with the provisions of this Act, when the actions
21are within the scope of his or her employment. Representation
22and indemnification of State employees shall be provided to
23State employees as set forth in Section 2 of the State Employee
24Indemnification Act.
25    (p) No law enforcement or correctional agency, nor any
26individual employed by a law enforcement or correctional

 

 

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1agency, shall be subject to criminal or civil liability, except
2for willful and wanton misconduct, as a result of taking any
3action within the scope of the official duties of the agency or
4individual to prohibit or prevent the possession or use of
5cannabis by a cardholder incarcerated at a correctional
6facility, jail, or municipal lockup facility, on parole or
7mandatory supervised release, or otherwise under the lawful
8jurisdiction of the agency or individual.
9(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)
 
10    (410 ILCS 130/35)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 35. Physician requirements.
13    (a) A physician who certifies a debilitating medical
14condition for a qualifying patient shall comply with all of the
15following requirements:
16        (1) The Physician shall be currently licensed under the
17    Medical Practice Act of 1987 to practice medicine in all
18    its branches and in good standing, and must hold a
19    controlled substances license under Article III of the
20    Illinois Controlled Substances Act.
21        (2) A physician certifying a patient's condition
22    making a medical cannabis recommendation shall comply with
23    generally accepted standards of medical practice, the
24    provisions of the Medical Practice Act of 1987 and all
25    applicable rules.

 

 

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

 

 

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1        (4) hold a direct or indirect economic interest in a
2    cultivation center or dispensing organization if he or she
3    recommends the use of medical cannabis to qualified
4    patients or is in a partnership or other fee or
5    profit-sharing relationship with a physician who
6    recommends medical cannabis, except for the limited
7    purpose of performing a medical cannabis related research
8    study;
9        (5) serve on the board of directors or as an employee
10    of a cultivation center or dispensing organization;
11        (6) refer patients to a cultivation center, a
12    dispensing organization, or a registered designated
13    caregiver; or
14        (7) advertise in a cultivation center or a dispensing
15    organization.
16    (c) The Department of Public Health may with reasonable
17cause refer a physician, who has certified a debilitating
18medical condition of a patient, to the Illinois Department of
19Financial and Professional Regulation for potential violations
20of this Section.
21    (d) Any violation of this Section or any other provision of
22this Act or rules adopted under this Act is a violation of the
23Medical Practice Act of 1987.
24(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
25    (410 ILCS 130/50)

 

 

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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 50. Employment; employer liability.
3    (a) Nothing in this Act shall prohibit an employer from
4adopting reasonable regulations or workplace policies
5concerning the consumption, storage, or timekeeping
6requirements for qualifying patients related to the use of
7medical cannabis.
8    (b) Nothing in this Act shall prohibit an employer from
9enforcing a policy concerning the use or possession of drugs,
10drug testing, zero-tolerance, or a drug free workplace provided
11the policy is applied in a nondiscriminatory manner.
12    (c) Nothing in this Act shall limit an employer from
13disciplining a registered qualifying patient for violating a
14workplace drug policy.
15    (d) Nothing in this Act shall limit an employer's ability
16to discipline an employee for failing a drug test, including,
17but not limited to, if failing to do so would put the employer
18in violation of federal law or cause it to lose a federal
19contract or funding.
20    (e) Nothing in this Act shall be construed to create a
21defense for a third party who fails a drug test.
22    (f) An employer may consider a registered qualifying
23patient to be impaired when he or she manifests specific,
24articulable symptoms while working that decrease or lessen his
25or her performance of the duties or tasks of the employee's job
26position, including symptoms of the employee's speech,

 

 

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1physical dexterity, agility, coordination, demeanor,
2irrational or unusual behavior, negligence or carelessness in
3operating equipment or machinery, disregard for the safety of
4the employee or others, or involvement in an accident that
5results in serious damage to equipment or property, disruption
6of a production or manufacturing process, or carelessness that
7results in any injury to the employee or others. If an employer
8elects to discipline a qualifying patient under this
9subsection, it must afford the employee a reasonable
10opportunity to contest the basis of the determination.
11    (g) Nothing in this Act shall be construed to create or
12imply a cause of action for any person against an employer for:
13(1) actions based on the employer's good faith belief that a
14registered qualifying patient used or possessed cannabis while
15on the employer's premises or during the hours of employment;
16(2) actions based on the employer's good faith belief that a
17registered qualifying patient was impaired while working on the
18employer's premises during the hours of employment; (3) injury
19or loss to a third party if the employer neither knew nor had
20reason to know that the employee was impaired.
21    (h) Nothing in this Act shall be construed to interfere
22with any federal restrictions on employment including but not
23limited to the United States Department of Transportation
24regulation 49 CFR 40.151(e).
25(Source: P.A. 98-122, eff. 1-1-14.)
 

 

 

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1    (410 ILCS 130/55)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 55. Registration of qualifying patients and
4designated caregivers.
5    (a) The Department of Public Health shall issue registry
6identification cards to qualifying patients and designated
7caregivers who submit a completed application, and at minimum,
8the following, in accordance with Department of Public Health
9rules:
10        (1) A written certification, on a form developed by the
11    Department of Public Health and issued by a physician,
12    within 90 days immediately preceding the date of an
13    application;
14        (2) upon the execution of applicable privacy waivers,
15    the patient's medical documentation related to his or her
16    debilitating condition and any other information that may
17    be reasonably required by the Department of Public Health
18    to confirm that the physician and patient have a bona fide
19    physician-patient relationship, that the qualifying
20    patient is in the physician's care for his or her
21    debilitating medical condition, and to substantiate the
22    patient's diagnosis;
23        (3) the application or renewal fee as set by rule;
24        (4) the name, address, date of birth, and social
25    security number of the qualifying patient, except that if
26    the applicant is homeless no address is required;

 

 

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1        (5) the name, address, and telephone number of the
2    qualifying patient's physician;
3        (6) the name, address, and date of birth of the
4    designated caregiver, if any, chosen by the qualifying
5    patient;
6        (7) the name of the registered medical cannabis
7    dispensing organization the qualifying patient designates;
8        (8) signed statements from the patient and designated
9    caregiver asserting that they will not divert medical
10    cannabis; and
11        (9) completed background checks for the patient and
12    designated caregiver; and .
13        (10) the name and address of the residential facility
14    licensed by the State that employs a designated caregiver
15    to assist qualifying patients that reside in that facility.
16(Source: P.A. 98-122, eff. 1-1-14.)
 
17    (410 ILCS 130/60)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 60. Issuance of registry identification cards.
20    (a) Except as provided in subsection (b), the Department of
21Public Health shall:
22        (1) verify the information contained in an application
23    or renewal for a registry identification card submitted
24    under this Act, and approve or deny an application or
25    renewal, within 30 days of receiving a completed

 

 

09900SB0346sam001- 23 -LRB099 03282 MJP 48338 a

1    application or renewal application and all supporting
2    documentation specified in Section 55;
3        (2) issue registry identification cards to a
4    qualifying patient and his or her designated caregiver, if
5    any, within 15 business days of approving the application
6    or renewal;
7        (3) enter the registry identification number of the
8    registered dispensing organization the patient designates
9    into the verification system; and
10        (4) allow for an electronic application process, and
11    provide a confirmation by electronic or other methods that
12    an application has been submitted.
13    (b) The Department of Public Health may not issue a
14registry identification card to a qualifying patient who is
15under 18 years of age, unless that patient suffers from
16seizures, including those characteristic of epilepsy, or as
17provided by administrative rule. The Department of Public
18Health shall adopt rules for the issuance of a registry
19identification card for qualifying patients who are under 18
20years of age and suffering from seizures, including those
21characteristic of epilepsy. The Department of Public Health may
22adopt rules to allow other individuals under 18 years of age to
23become registered qualifying patients under this Act with the
24consent of a parent or legal guardian. Registered qualifying
25patients under 18 years of age shall be prohibited from
26consuming forms of cannabis other than medical cannabis infused

 

 

09900SB0346sam001- 24 -LRB099 03282 MJP 48338 a

1products and purchasing any usable cannabis.
2    (c) A veteran who has received treatment at a VA hospital
3is deemed to have a bona fide physician-patient relationship
4with a VA physician if the patient has been seen for his or her
5debilitating medical condition at the VA hospital in accordance
6with VA hospital protocols. All reasonable inferences
7regarding the existence of a bona fide physician-patient
8relationship shall be drawn in favor of an applicant who is a
9veteran and has undergone treatment at a VA hospital.
10    (d) Upon the approval of the registration and issuance of a
11registry card under this Section, the Department of Public
12Health shall forward the designated caregiver or registered
13qualified patient's driver's registration number to the
14Secretary of State and certify that the individual is permitted
15to engage in the medical use of cannabis. For the purposes of
16law enforcement, the Secretary of State shall make a notation
17on the person's driving record stating the person is a
18registered qualifying patient who is entitled to the lawful
19medical use of cannabis. If the person no longer holds a valid
20registry card, the Department shall notify the Secretary of
21State and the Secretary of State shall remove the notation from
22the person's driving record. The Department and the Secretary
23of State may establish a system by which the information may be
24shared electronically.
25    (e) Upon the approval of the registration and issuance of a
26registry card under this Section, the Department of Public

 

 

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1Health shall electronically forward the registered qualifying
2patient's identification card information to the Prescription
3Monitoring Program established under the Illinois Controlled
4Substances Act and certify that the individual is permitted to
5engage in the medical use of cannabis. For the purposes of
6patient care, the Prescription Monitoring Program shall make a
7notation on the person's prescription record stating that the
8person is a registered qualifying patient who is entitled to
9the lawful medical use of cannabis. If the person no longer
10holds a valid registry card, the Department of Public Health
11shall notify the Prescription Monitoring Program and
12Department of Human Services to remove the notation from the
13person's record. The Department of Human Services and the
14Prescription Monitoring Program shall establish a system by
15which the information may be shared electronically.
16(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 
17    (410 ILCS 130/74 new)
18    Sec. 74. Posting of patient information on the use of
19medical cannabis. The Department of Public Health shall post on
20its websites information available from other State public
21health departments or other sources on the proper use of
22medical cannabis. This information shall include at a minimum
23any available information on the risks and benefits of cannabis
24use for medical conditions. Each licensed dispensary shall post
25on its websites information available from State public health

 

 

09900SB0346sam001- 26 -LRB099 03282 MJP 48338 a

1departments or other sources on the proper use of medical
2cannabis. This information shall include at a minimum any
3available information on the risks and benefits of cannabis use
4for medical conditions.
 
5    (410 ILCS 130/75)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 75. Notifications to Department of Public Health and
8responses; civil penalty.
9    (a) The following notifications and Department of Public
10Health responses are required:
11        (1) A registered qualifying patient shall notify the
12    Department of Public Health of any change in his or her
13    name or address, or if the registered qualifying patient
14    ceases to have his or her debilitating medical condition,
15    within 10 days of the change.
16        (2) A registered designated caregiver shall notify the
17    Department of Public Health of any change in his or her
18    name or address, or if the designated caregiver becomes
19    aware the registered qualifying patient passed away,
20    within 10 days of the change.
21        (3) Before a registered qualifying patient changes his
22    or her designated caregiver, the qualifying patient must
23    notify the Department of Public Health.
24        (4) If a cardholder loses his or her registry
25    identification card, he or she shall notify the Department

 

 

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1    within 10 days of becoming aware the card has been lost.
2    (b) When a cardholder notifies the Department of Public
3Health of items listed in subsection (a), but remains eligible
4under this Act, the Department of Public Health shall issue the
5cardholder a new registry identification card with a new random
6alphanumeric identification number within 15 business days of
7receiving the updated information and a fee as specified in
8Department of Public Health rules. If the person notifying the
9Department of Public Health is a registered qualifying patient,
10the Department shall also issue his or her registered
11designated caregiver, if any, a new registry identification
12card within 15 business days of receiving the updated
13information.
14    (c) If a registered qualifying patient ceases to be a
15registered qualifying patient or changes his or her registered
16designated caregiver, the Department of Public Health shall
17promptly notify the designated caregiver. The registered
18designated caregiver's protections under this Act as to that
19qualifying patient shall expire 15 days after notification by
20the Department.
21    (d) A cardholder who fails to make a notification to the
22Department of Public Health that is required by this Section is
23subject to a civil infraction, punishable by a penalty of no
24more than $150.
25    (e) A registered qualifying patient shall notify the
26Department of Public Health of any change to his or her

 

 

09900SB0346sam001- 28 -LRB099 03282 MJP 48338 a

1designated registered dispensing organization. Registered
2dispensing organizations must comply with all requirements of
3this Act.
4    (f) If the registered qualifying patient's certifying
5physician notifies the Department in writing that either the
6registered qualifying patient has ceased to suffer from a
7debilitating medical condition or that the physician no longer
8believes the patient would receive therapeutic or palliative
9benefit from the medical use of cannabis, the card shall become
10null and void. However, the registered qualifying patient shall
11have 15 days to destroy his or her remaining medical cannabis
12and related paraphernalia.
13(Source: P.A. 98-122, eff. 1-1-14.)
 
14    (410 ILCS 130/220)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 220. Repeal of Act. This Act is repealed on January 1,
172020 4 years after the effective date of this Act.
18(Source: P.A. 98-122, eff. 1-1-14.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".