Full Text of SB0010 99th General Assembly
SB0010ham002 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/26/2016
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| 1 | | AMENDMENT TO SENATE BILL 10
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 10 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Sections 5, 10, 15, 35, 45, | 6 | | 60, 65, 70, 75, and 220 and by adding Sections 7 and 57 as | 7 | | follows: | 8 | | (410 ILCS 130/5) | 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 5. Findings.
| 11 | | (a) The recorded use of cannabis as a medicine goes back | 12 | | nearly 5,000 years. Modern medical research has confirmed the | 13 | | beneficial uses of cannabis in treating or alleviating the | 14 | | pain, nausea, and other symptoms associated with a variety of | 15 | | debilitating medical conditions, including cancer, multiple | 16 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
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| 1 | | Sciences' Institute of Medicine in March 1999.
| 2 | | (b) Studies published since the 1999 Institute of Medicine | 3 | | report continue to show the therapeutic value of cannabis in | 4 | | treating a wide array of debilitating medical conditions. These | 5 | | include relief of the neuropathic pain caused by multiple | 6 | | sclerosis, HIV/AIDS, and other illnesses that often fail to | 7 | | respond to conventional treatments and relief of nausea, | 8 | | vomiting, and other side effects of drugs used to treat | 9 | | HIV/AIDS and hepatitis C, increasing the chances of patients | 10 | | continuing on life-saving treatment regimens.
| 11 | | (c) Cannabis has many currently accepted medical uses in | 12 | | the United States, having been recommended by thousands of | 13 | | licensed physicians to at least 600,000 patients in states with | 14 | | medical cannabis laws. The medical utility of cannabis is | 15 | | recognized by a wide range of medical and public health | 16 | | organizations, including the American Academy of HIV Medicine, | 17 | | the American College of Physicians, the American Nurses | 18 | | Association, the American Public Health Association, the | 19 | | Leukemia & Lymphoma Society, and many others.
| 20 | | (d) Data from the Federal Bureau of Investigation's Uniform | 21 | | Crime Reports and the Compendium of Federal Justice Statistics | 22 | | show that approximately 99 out of every 100 cannabis arrests in | 23 | | the U.S. are made under state law, rather than under federal | 24 | | law. Consequently, changing State law will have the practical | 25 | | effect of protecting from arrest the vast majority of seriously | 26 | | ill patients who have a medical need to use cannabis.
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| 1 | | (d-5) In 2014, the Task Force on Veterans' Suicide was | 2 | | created by the Illinois General Assembly to gather data on | 3 | | veterans' suicide prevention. Data from a U.S. Department of | 4 | | Veterans Affairs study indicates that 22 veterans commit | 5 | | suicide each day. | 6 | | (e) Alaska, Arizona, California, Colorado, Connecticut, | 7 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | 8 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | 9 | | Washington, and Washington, D.C. have removed state-level | 10 | | criminal penalties from the medical use and cultivation of | 11 | | cannabis. Illinois joins in this effort for the health and | 12 | | welfare of its citizens.
| 13 | | (f) States are not required to enforce federal law or | 14 | | prosecute people for engaging in activities prohibited by | 15 | | federal law. Therefore, compliance with this Act does not put | 16 | | the State of Illinois in violation of federal law.
| 17 | | (f-5) According to data released by the Centers for Disease | 18 | | Control and Prevention in December 2015, opioids, primarily | 19 | | prescription pain relievers and heroin, are the main driver of | 20 | | overdose deaths. Illinois had a statistically significant drug | 21 | | overdose rate increase of 8.3% from 2013 to 2014. | 22 | | (f-10) According to a 2014 published report in the Journal | 23 | | of American Medicine, states that have implemented medical | 24 | | cannabis laws have seen a 24.8% lower mean annual opioid | 25 | | overdose mortality rate compared with states without medical | 26 | | cannabis laws. |
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| 1 | | (g) State law should make a distinction between the medical | 2 | | and non-medical uses of cannabis. Hence, the purpose of this | 3 | | Act is to protect patients with debilitating medical | 4 | | conditions, as well as their physicians and providers, from | 5 | | arrest and prosecution, criminal and other penalties, and | 6 | | property forfeiture if the patients engage in the medical use | 7 | | of cannabis.
| 8 | | (Source: P.A. 98-122, eff. 1-1-14.) | 9 | | (410 ILCS 130/7 new) | 10 | | Sec. 7. Lawful user and lawful products. For the purposes | 11 | | of this Act and to clarify the legislative findings on the | 12 | | lawful use of cannabis: | 13 | | (1) A cardholder under this Act shall not be considered | 14 | | an unlawful user or addicted to narcotics solely as a | 15 | | result of his or her qualifying patient or designated | 16 | | caregiver status. | 17 | | (2) All medical cannabis products purchased by a | 18 | | qualifying patient at a licensed dispensing organization | 19 | | shall be lawful products and a distinction shall be made | 20 | | between medical and non-medical uses of cannabis as a | 21 | | result of the qualifying patient's cardholder status under | 22 | | the authorized use granted under State law. | 23 | | (410 ILCS 130/10) | 24 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 10. Definitions. The following terms, as used in this | 2 | | Act, shall have the meanings set forth in this Section:
| 3 | | (a) "Adequate supply" means:
| 4 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 5 | | days and that is derived solely from an intrastate source.
| 6 | | (2) Subject to the rules of the Department of Public | 7 | | Health, a patient may apply for a waiver where a physician | 8 | | provides a substantial medical basis in a signed, written | 9 | | statement asserting that, based on the patient's medical | 10 | | history, in the physician's professional judgment, 2.5 | 11 | | ounces is an insufficient adequate supply for a 14-day | 12 | | period to properly alleviate the patient's debilitating | 13 | | medical condition or symptoms associated with the | 14 | | debilitating medical condition.
| 15 | | (3) This subsection may not be construed to authorize | 16 | | the possession of more than 2.5 ounces at any time without | 17 | | authority from the Department of Public Health.
| 18 | | (4) The pre-mixed weight of medical cannabis used in | 19 | | making a cannabis infused product shall apply toward the | 20 | | limit on the total amount of medical cannabis a registered | 21 | | qualifying patient may possess at any one time. | 22 | | (b) "Cannabis" has the meaning given that term in Section 3 | 23 | | of the Cannabis Control Act.
| 24 | | (c) "Cannabis plant monitoring system" means a system that | 25 | | includes, but is not limited to, testing and data collection | 26 | | established and maintained by the registered cultivation |
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| 1 | | center and available to the Department for the purposes of | 2 | | documenting each cannabis plant and for monitoring plant | 3 | | development throughout the life cycle of a cannabis plant | 4 | | cultivated for the intended use by a qualifying patient from | 5 | | seed planting to final packaging.
| 6 | | (d) "Cardholder" means a qualifying patient or a designated | 7 | | caregiver who has been issued and possesses a valid registry | 8 | | identification card by the Department of Public Health.
| 9 | | (e) "Cultivation center" means a facility operated by an | 10 | | organization or business that is registered by the Department | 11 | | of Agriculture to perform necessary activities to provide only | 12 | | registered medical cannabis dispensing organizations with | 13 | | usable medical cannabis.
| 14 | | (f) "Cultivation center agent" means a principal officer, | 15 | | board member, employee, or agent of a registered cultivation | 16 | | center who is 21 years of age or older and has not been | 17 | | convicted of an excluded offense.
| 18 | | (g) "Cultivation center agent identification card" means a | 19 | | document issued by the Department of Agriculture that | 20 | | identifies a person as a cultivation center agent.
| 21 | | (h) "Debilitating medical condition" means one or more of | 22 | | the following: | 23 | | (1) cancer, glaucoma, positive status for human | 24 | | immunodeficiency virus, acquired immune deficiency | 25 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 26 | | Crohn's disease, agitation of Alzheimer's disease, |
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| 1 | | cachexia/wasting syndrome, muscular dystrophy, severe | 2 | | fibromyalgia, spinal cord disease, including but not | 3 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 4 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 5 | | spinal cord injury, traumatic brain injury and | 6 | | post-concussion syndrome, Multiple Sclerosis, | 7 | | Arnold-Chiari malformation and Syringomyelia, | 8 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 9 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 10 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 11 | | (Complex Regional Pain Syndromes Type II), | 12 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 13 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 14 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 15 | | syndrome, residual limb pain, seizures (including those | 16 | | characteristic of epilepsy), intractable pain, opioid | 17 | | dependence, autism, post-traumatic stress disorder (PTSD), | 18 | | diabetes mellitus type I, osteoarthritis, panic disorder, | 19 | | or the treatment of these conditions; or
| 20 | | (1.5) terminal illness with a diagnosis of 6 months or | 21 | | less; if the terminal illness is not one of the qualifying | 22 | | debilitating medical conditions, then the physician shall | 23 | | on the certification form identify the cause of the | 24 | | terminal illness; or | 25 | | (2) any other debilitating medical condition or its | 26 | | treatment that is added by the Department of Public Health |
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| 1 | | by rule as provided in Section 45. | 2 | | (i) "Designated caregiver" means a person who: (1) is at | 3 | | least 21 years of age; (2) has agreed to assist with a | 4 | | patient's medical use of cannabis; (3) has not been convicted | 5 | | of an excluded offense; and (4) assists no more than one | 6 | | registered qualifying patient with his or her medical use of | 7 | | cannabis.
| 8 | | (j) "Dispensing organization agent identification card" | 9 | | means a document issued by the Department of Financial and | 10 | | Professional Regulation that identifies a person as a medical | 11 | | cannabis dispensing organization agent.
| 12 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 13 | | building, or other enclosed area equipped with locks or other | 14 | | security devices that permit access only by a cultivation | 15 | | center's agents or a dispensing organization's agent working | 16 | | for the registered cultivation center or the registered | 17 | | dispensing organization to cultivate, store, and distribute | 18 | | cannabis for registered qualifying patients.
| 19 | | (l) "Excluded offense" for cultivation center agents and | 20 | | dispensing organizations means:
| 21 | | (1) a violent crime defined in Section 3 of the Rights | 22 | | of Crime Victims and Witnesses Act or a substantially | 23 | | similar offense that was classified as a felony in the | 24 | | jurisdiction where the person was convicted; or
| 25 | | (2) a violation of a state or federal controlled | 26 | | substance law , the Cannabis Control Act, or the |
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| 1 | | Methamphetamine Control and Community Protection Act that | 2 | | was classified as a felony in the jurisdiction where the | 3 | | person was convicted, except that the registering | 4 | | Department may waive this restriction if the person | 5 | | demonstrates to the registering Department's satisfaction | 6 | | that his or her conviction was for the possession, | 7 | | cultivation, transfer, or delivery of a reasonable amount | 8 | | of cannabis intended for medical use. This exception does | 9 | | not apply if the conviction was under state law and | 10 | | involved a violation of an existing medical cannabis law.
| 11 | | For purposes of this subsection, the Department of Public | 12 | | Health shall determine by rule what constitutes a "reasonable | 13 | | amount". | 14 | | (l-5) "Excluded offense" for a qualifying patient or | 15 | | designated caregiver means a violation of state or federal | 16 | | controlled substance law, the Cannabis Control Act, or the | 17 | | Methamphetamine and Community Protection Act that was | 18 | | classified as a felony in the jurisdiction where the person was | 19 | | convicted, except that the registering Department may waive | 20 | | this restriction if the person demonstrates to the registering | 21 | | Department's satisfaction that his or her conviction was for | 22 | | the possession, cultivation, transfer, or delivery of a | 23 | | reasonable amount of cannabis intended for medical use. This | 24 | | exception does not apply if the conviction was under state law | 25 | | and involved a violation of an existing medical cannabis law. | 26 | | For purposes of this subsection, the Department of Public |
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| 1 | | Health shall determine by rule what constitutes a "reasonable | 2 | | amount". | 3 | | (l-10) "Intractable pain" means a pain state (i) in which | 4 | | the cause of the pain cannot be removed or otherwise treated | 5 | | with the consent of the patient; and (ii) that, in the | 6 | | generally accepted course of practice, is treatment resistant | 7 | | or no treatment has been found after reasonable efforts. In | 8 | | addition, the patient has been under the care of a physician | 9 | | for this condition for 6 or more months and has been treatment | 10 | | resistant. | 11 | | (m) "Medical cannabis cultivation center registration" | 12 | | means a registration issued by the Department of Agriculture. | 13 | | (n) "Medical cannabis container" means a sealed, | 14 | | traceable, food compliant, tamper resistant, tamper evident | 15 | | container, or package used for the purpose of containment of | 16 | | medical cannabis from a cultivation center to a dispensing | 17 | | organization.
| 18 | | (o) "Medical cannabis dispensing organization", or | 19 | | "dispensing organization", or "dispensary organization" means | 20 | | a facility operated by an organization or business that is | 21 | | registered by the Department of Financial and Professional | 22 | | Regulation to acquire medical cannabis from a registered | 23 | | cultivation center for the purpose of dispensing cannabis, | 24 | | paraphernalia, or related supplies and educational materials | 25 | | to registered qualifying patients.
| 26 | | (p) "Medical cannabis dispensing organization agent" or |
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| 1 | | "dispensing organization agent" means a principal officer, | 2 | | board member, employee, or agent of a registered medical | 3 | | cannabis dispensing organization who is 21 years of age or | 4 | | older and has not been convicted of an excluded offense.
| 5 | | (q) "Medical cannabis infused product" means food, oils, | 6 | | ointments, or other products containing usable cannabis that | 7 | | are not smoked.
| 8 | | (r) "Medical use" means the acquisition; administration; | 9 | | delivery; possession; transfer; transportation; or use of | 10 | | cannabis to treat or alleviate a registered qualifying | 11 | | patient's debilitating medical condition or symptoms | 12 | | associated with the patient's debilitating medical condition.
| 13 | | (s) "Physician" means a doctor of medicine or doctor of | 14 | | osteopathy licensed under the Medical Practice Act of 1987 to | 15 | | practice medicine and who has a controlled substances license | 16 | | under Article III of the Illinois Controlled Substances Act. It | 17 | | does not include a licensed practitioner under any other Act | 18 | | including but not limited to the Illinois Dental Practice Act.
| 19 | | (t) "Qualifying patient" means a person who has been | 20 | | diagnosed by a physician as having a debilitating medical | 21 | | condition.
| 22 | | (u) "Registered" means licensed, permitted, or otherwise | 23 | | certified by the Department of Agriculture, Department of | 24 | | Public Health, or Department of Financial and Professional | 25 | | Regulation.
| 26 | | (v) "Registry identification card" means a document issued |
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| 1 | | by the Department of Public Health that identifies a person as | 2 | | a registered qualifying patient or registered designated | 3 | | caregiver.
| 4 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 5 | | flowers of the cannabis plant and any mixture or preparation | 6 | | thereof, but does not include the stalks, and roots of the | 7 | | plant. It does not include the weight of any non-cannabis | 8 | | ingredients combined with cannabis, such as ingredients added | 9 | | to prepare a topical administration, food, or drink.
| 10 | | (x) "Verification system" means a Web-based system | 11 | | established and maintained by the Department of Public Health | 12 | | that is available to the Department of Agriculture, the | 13 | | Department of Financial and Professional Regulation, law | 14 | | enforcement personnel, and registered medical cannabis | 15 | | dispensing organization agents on a 24-hour basis for the | 16 | | verification of registry
identification cards, the tracking of | 17 | | delivery of medical cannabis to medical cannabis dispensing | 18 | | organizations, and the tracking of the date of sale, amount, | 19 | | and price of medical cannabis purchased by a registered | 20 | | qualifying patient.
| 21 | | (y) "Written certification" means a document dated and | 22 | | signed by a physician, stating (1) that in the physician's | 23 | | professional opinion the patient is likely to receive | 24 | | therapeutic or palliative benefit from the medical use of | 25 | | cannabis to treat or alleviate the patient's debilitating | 26 | | medical condition or symptoms associated with the debilitating |
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| 1 | | medical condition; (2) that the qualifying patient has a | 2 | | debilitating medical condition and specifying the debilitating | 3 | | medical condition the qualifying patient has; and (2) (3) that | 4 | | the patient is under the physician's care for the physician is | 5 | | treating or managing treatment of the patient's debilitating | 6 | | medical condition. A written certification shall be made only | 7 | | in the course of a bona fide physician-patient relationship, | 8 | | after the physician has completed an assessment of the | 9 | | qualifying patient's medical history, reviewed relevant | 10 | | records related to the patient's debilitating condition, and | 11 | | conducted a physical examination. | 12 | | A veteran who has received treatment at a VA hospital shall | 13 | | be deemed to have a bona fide physician-patient relationship | 14 | | with a VA physician if the patient has been seen for his or her | 15 | | debilitating medical condition at the VA Hospital in accordance | 16 | | with VA Hospital protocols. | 17 | | A bona fide physician-patient relationship under this | 18 | | subsection is a privileged communication within the meaning of | 19 | | Section 8-802 of the Code of Civil Procedure.
| 20 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 21 | | (410 ILCS 130/15) | 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 15. Authority.
| 24 | | (a) It is the duty of the Department of Public Health to | 25 | | enforce the following provisions of this Act unless otherwise |
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| 1 | | provided for by this Act: | 2 | | (1) establish and maintain a confidential registry of | 3 | | qualifying patients authorized to engage in the medical use | 4 | | of cannabis and their caregivers;
| 5 | | (2) distribute educational materials about the health | 6 | | benefits and risks associated with the use abuse of | 7 | | cannabis and prescription medications;
| 8 | | (3) adopt rules to administer the patient and caregiver | 9 | | registration program; and
| 10 | | (4) adopt rules establishing food handling | 11 | | requirements for cannabis-infused products that are | 12 | | prepared for human consumption.
| 13 | | (b) It is the duty of the Department of Agriculture to | 14 | | enforce the provisions of this Act relating to the registration | 15 | | and oversight of cultivation centers unless otherwise provided | 16 | | for in this Act.
| 17 | | (c) It is the duty of the Department of Financial and | 18 | | Professional Regulation to enforce the provisions of this Act | 19 | | relating to the registration and oversight of dispensing | 20 | | organizations unless otherwise provided for in this Act.
| 21 | | (d) The Department of Public Health, the Department of | 22 | | Agriculture, or the Department of Financial and Professional | 23 | | Regulation shall enter into intergovernmental agreements, as | 24 | | necessary, to carry out the provisions of this Act including, | 25 | | but not limited to, the provisions relating to the registration | 26 | | and oversight of cultivation centers, dispensing |
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| 1 | | organizations, and qualifying patients and caregivers.
| 2 | | (e) The Department of Public Health, Department of | 3 | | Agriculture, or the Department of Financial and Professional | 4 | | Regulation may suspend, revoke, or impose other penalties upon | 5 | | a registration for violations of this Act and any rules adopted | 6 | | in accordance thereto. The suspension or revocation of, or | 7 | | imposition of any other penalty upon, a registration is a final | 8 | | Agency action, subject to judicial review. Jurisdiction and | 9 | | venue for judicial review are vested in the Circuit Court.
| 10 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | 11 | | (410 ILCS 130/35) | 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 35. Physician requirements.
| 14 | | (a) A physician who certifies a debilitating medical | 15 | | condition for a qualifying patient shall comply with all of the | 16 | | following requirements:
| 17 | | (1) The Physician shall be currently licensed under the | 18 | | Medical Practice Act of 1987 to practice medicine in all | 19 | | its branches and in good standing, and must hold a | 20 | | controlled substances license under Article III of the | 21 | | Illinois Controlled Substances Act.
| 22 | | (2) A physician certifying a patient's condition | 23 | | making a medical cannabis recommendation shall comply with | 24 | | generally accepted standards of medical practice, the | 25 | | provisions of the Medical Practice Act of 1987 and all |
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| 1 | | applicable rules.
| 2 | | (3) The physical examination required by this Act may | 3 | | not be performed by remote means, including telemedicine.
| 4 | | (4) The physician shall maintain a record-keeping | 5 | | system for all patients for whom the physician has | 6 | | certified the patient's medical condition recommended the | 7 | | medical use of cannabis . These records shall be accessible | 8 | | to and subject to review by the Department of Public Health | 9 | | and the Department of Financial and Professional | 10 | | Regulation upon request.
| 11 | | (b) A physician may not:
| 12 | | (1) accept, solicit, or offer any form of remuneration | 13 | | from or to a qualifying patient, primary caregiver, | 14 | | cultivation center, or dispensing organization, including | 15 | | each principal officer, board member, agent, and employee, | 16 | | to certify a patient, other than accepting payment from a | 17 | | patient for the fee associated with the required | 18 | | examination; | 19 | | (2) offer a discount of any other item of value to a | 20 | | qualifying patient who uses or agrees to use a particular | 21 | | primary caregiver or dispensing organization to obtain | 22 | | medical cannabis;
| 23 | | (3) conduct a personal physical examination of a | 24 | | patient for purposes of diagnosing a debilitating medical | 25 | | condition at a location where medical cannabis is sold or | 26 | | distributed or at the address of a principal officer, |
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| 1 | | agent, or employee or a medical cannabis organization;
| 2 | | (4) hold a direct or indirect economic interest in a | 3 | | cultivation center or dispensing organization if he or she | 4 | | recommends the use of medical cannabis to qualified | 5 | | patients or is in a partnership or other fee or | 6 | | profit-sharing relationship with a physician who | 7 | | recommends medical cannabis, except for the limited | 8 | | purpose of performing a medical cannabis related research | 9 | | study;
| 10 | | (5) serve on the board of directors or as an employee | 11 | | of a cultivation center or dispensing organization;
| 12 | | (6) refer patients to a cultivation center, a | 13 | | dispensing organization, or a registered designated | 14 | | caregiver;
or | 15 | | (7) advertise in a cultivation center or a dispensing | 16 | | organization.
| 17 | | (c) The Department of Public Health may with reasonable | 18 | | cause refer a physician, who has certified a debilitating | 19 | | medical condition of a patient, to the Illinois Department of | 20 | | Financial and Professional Regulation for potential violations | 21 | | of this Section.
| 22 | | (d) Any violation of this Section or any other provision of | 23 | | this Act or rules adopted under this Act is a violation of the | 24 | | Medical Practice Act of 1987.
| 25 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) |
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| 1 | | (410 ILCS 130/45) | 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 45. Addition of debilitating medical conditions.
Any | 4 | | citizen may petition the Department of Public Health to add | 5 | | debilitating conditions or treatments to the list of | 6 | | debilitating medical conditions listed in subsection (h) of | 7 | | Section 10. The Department of Public Health shall consider | 8 | | petitions in the manner required by Department rule, including | 9 | | public notice and hearing. The Department shall approve or deny | 10 | | a petition within 180 days of its submission, and, upon | 11 | | approval, shall proceed to add that condition by rule in | 12 | | accordance with the Illinois Administrative Procedure Act. The | 13 | | Department of Public Health's approval or denial of a petition | 14 | | shall be in writing and shall be based on the evidence in the | 15 | | petition, testimony presented at the Medical Cannabis Advisory | 16 | | Board hearing, and the written report submitted to the Director | 17 | | of Public Health from the Medical Cannabis Advisory Board. If a | 18 | | petition to add a new condition is denied by the Department of | 19 | | Public Health, then the denial shall only cite evidence that | 20 | | was considered by the Medical Cannabis Advisory Board when they | 21 | | made their recommendation and must cite specific evidence from | 22 | | the record that is being relied upon. The approval or denial of | 23 | | any petition is a final decision of the Department, subject to | 24 | | judicial review. Jurisdiction and venue are vested in the | 25 | | Circuit Court.
| 26 | | (Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.) |
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| 1 | | (410 ILCS 130/57 new) | 2 | | Sec. 57. Qualifying patients under 18. Qualifying patients | 3 | | that are under the age of 18 years shall not be prohibited from | 4 | | having 2 designated caregivers as follows: if both biological | 5 | | parents or 2 legal guardians of a qualifying patient under 18 | 6 | | both have significant decision-making responsibilities over | 7 | | the qualifying patient, then both may serve as a designated | 8 | | caregiver if they otherwise meet the definition of "designated | 9 | | caregiver" under Section 10; however, if only one biological | 10 | | parent or legal guardian has significant decision-making | 11 | | responsibilities for the qualifying patient under 18, then he | 12 | | or she may appoint a second designated caregiver who meets the | 13 | | definition of "designated caregiver" under Section 10. | 14 | | (410 ILCS 130/60) | 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 60. Issuance of registry identification cards.
| 17 | | (a) Except as provided in subsection (b), the Department of | 18 | | Public Health shall:
| 19 | | (1) verify the information contained in an application | 20 | | or renewal for a registry identification card submitted | 21 | | under this Act, and approve or deny an application or | 22 | | renewal, within 30 days of receiving a completed | 23 | | application or renewal application and all supporting | 24 | | documentation specified in Section 55;
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| 1 | | (2) issue registry identification cards to a | 2 | | qualifying patient and his or her designated caregiver, if | 3 | | any, within 15 business days of approving the application | 4 | | or renewal;
| 5 | | (3) enter the registry identification number of the | 6 | | registered dispensing organization the patient designates | 7 | | into the verification system; and
| 8 | | (4) allow for an electronic application process, and | 9 | | provide a confirmation by electronic or other methods that | 10 | | an application has been submitted.
| 11 | | (b) The Department of Public Health may not issue a | 12 | | registry identification card to a qualifying patient who is | 13 | | under 18 years of age, unless that patient suffers from | 14 | | seizures, including those characteristic of epilepsy, or as | 15 | | provided by administrative rule. The Department of Public | 16 | | Health shall adopt rules for the issuance of a registry | 17 | | identification card for qualifying patients who are under 18 | 18 | | years of age and suffering from seizures, including those | 19 | | characteristic of epilepsy.
The Department of Public Health may | 20 | | adopt rules to allow other individuals under 18 years of age to | 21 | | become registered qualifying patients under this Act with the | 22 | | consent of a parent or legal guardian. Registered qualifying | 23 | | patients under 18 years of age shall be prohibited from | 24 | | consuming forms of cannabis other than medical cannabis infused | 25 | | products and purchasing any usable cannabis. | 26 | | (c) A veteran who has received treatment at a VA hospital |
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| 1 | | is deemed to have a bona fide physician-patient relationship | 2 | | with a VA physician if the patient has been seen for his or her | 3 | | debilitating medical condition at the VA hospital in accordance | 4 | | with VA hospital protocols.
All reasonable inferences | 5 | | regarding the existence of a bona fide physician-patient | 6 | | relationship shall be drawn in favor of an applicant who is a | 7 | | veteran and has undergone treatment at a VA hospital.
| 8 | | (c-5) If a qualifying patient is under the care of a | 9 | | physician, but the physician is unable or unwilling to certify | 10 | | the patient in order for that patient to be a cardholder, then | 11 | | the patient may submit a copy of his or her medical records to | 12 | | the Department of Public Health. | 13 | | Upon review of the patient's records, the Department of | 14 | | Public Health shall determine within 30 days of submission of | 15 | | the medical records if the qualifying patient shall be a | 16 | | cardholder. This process shall be considered to be within a | 17 | | bona fide physician-patient relationship. | 18 | | If the qualifying patient is denied, the Department of | 19 | | Public Health shall notify the patient by mail of the reason | 20 | | why the patient was denied being a cardholder. The qualifying | 21 | | patient shall then have 60 days from the date of the denial | 22 | | letter to request an administrative hearing with the Department | 23 | | of Public Health in order to appeal the Department of Public | 24 | | Health's decision. | 25 | | (c-10) An individual who submits an application as someone | 26 | | who is terminally ill shall have all fees and fingerprinting |
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| 1 | | requirements waived. The Department of Public Health shall | 2 | | within 30 days after this amendatory Act of the 99th General | 3 | | Assembly adopt emergency rules to expedite approval for | 4 | | terminally ill individuals. These rules shall include, but not | 5 | | be limited to, rules that provide that applications by | 6 | | individuals with terminal illnesses shall be approved or denied | 7 | | within 14 days of their submission. | 8 | | (d) Upon the approval of the registration and issuance of a | 9 | | registry card under this Section, the Department of Public | 10 | | Health shall forward the designated caregiver or registered | 11 | | qualified patient's driver's registration number to the | 12 | | Secretary of State and certify that the individual is permitted | 13 | | to engage in the medical use of cannabis. For the purposes of | 14 | | law enforcement, the Secretary of State shall make a notation | 15 | | on the person's driving record stating the person is a | 16 | | registered qualifying patient who is entitled to the lawful | 17 | | medical use of cannabis. If the person no longer holds a valid | 18 | | registry card, the Department shall notify the Secretary of | 19 | | State and the Secretary of State shall remove the notation from | 20 | | the person's driving record. The Department and the Secretary | 21 | | of State may establish a system by which the information may be | 22 | | shared electronically.
| 23 | | (e) Upon the approval of the registration and issuance of a | 24 | | registry card under this Section, the Department of Public | 25 | | Health shall electronically forward the registered qualifying | 26 | | patient's identification card information to the Prescription |
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| 1 | | Monitoring Program established under the Illinois Controlled | 2 | | Substances Act and certify that the individual is permitted to | 3 | | engage in the medical use of cannabis. For the purposes of | 4 | | patient care, the Prescription Monitoring Program shall make a | 5 | | notation on the person's prescription record stating that the | 6 | | person is a registered qualifying patient who is entitled to | 7 | | the lawful medical use of cannabis. If the person no longer | 8 | | holds a valid registry card, the Department of Public Health | 9 | | shall notify the Prescription Monitoring Program and | 10 | | Department of Human Services to remove the notation from the | 11 | | person's record. The Department of Human Services and the | 12 | | Prescription Monitoring Program shall establish a system by | 13 | | which the information may be shared electronically. This | 14 | | confidential list may not be combined or linked in any manner | 15 | | with any other list or database except as provided in this | 16 | | Section. | 17 | | (f) All applicants for a registry card shall be | 18 | | fingerprinted as part of the application process if they are a | 19 | | first-time applicant, if their registry card has already | 20 | | expired, or if they previously have had their registry card | 21 | | revoked or otherwise denied. At renewal, cardholders whose | 22 | | registry cards have not yet expired, been revoked, or otherwise | 23 | | denied shall not be subject to fingerprinting. Registry cards | 24 | | shall be revoked by the Department of Public Health if the | 25 | | Department of Public Health is notified by the Secretary of | 26 | | State that a cardholder has been convicted of an excluded |
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| 1 | | offense. For purposes of enforcing this subsection, the | 2 | | Department of Public Health and Secretary of State shall | 3 | | establish a system by which violations reported to the | 4 | | Secretary of State under paragraph 18 of subsection (a) of | 5 | | Section 6-205 of the Illinois Vehicle Code shall be shared with | 6 | | the Department of Public Health. | 7 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 8 | | (410 ILCS 130/65) | 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 65. Denial of registry identification cards. | 11 | | (a) The Department of Public Health may deny an application | 12 | | or renewal of a qualifying patient's registry identification | 13 | | card only if the applicant:
| 14 | | (1) did not provide the required information and | 15 | | materials;
| 16 | | (2) previously had a registry identification card | 17 | | revoked;
| 18 | | (3) did not meet the requirements of this Act; or
| 19 | | (4) provided false or falsified information.
| 20 | | (b) No person who has been convicted of a felony under the | 21 | | Illinois Controlled Substances Act, Cannabis Control Act, or | 22 | | Methamphetamine Control and Community Protection Act, or | 23 | | similar provision in a local ordinance or other jurisdiction is | 24 | | eligible to receive a registry identification card.
Except that | 25 | | this subsection shall not apply to individuals convicted of a |
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| 1 | | felony if 3 years have passed since the completion of their | 2 | | sentence or the prospective applicant receives a waiver as | 3 | | authorized under subsection (l-5) of Section 10 of this Act. | 4 | | (c) The Department of Public Health may deny an application | 5 | | or renewal for a designated caregiver chosen by a qualifying | 6 | | patient whose registry identification card was granted only if:
| 7 | | (1) the designated caregiver does not meet the | 8 | | requirements of subsection (i) of Section 10;
| 9 | | (2) the applicant did not provide the information | 10 | | required;
| 11 | | (3) the prospective patient's application was denied;
| 12 | | (4) the designated caregiver previously had a registry | 13 | | identification card revoked; or
| 14 | | (5) the applicant or the designated caregiver provided | 15 | | false or falsified information.
| 16 | | (d) The Department of Public Health through the Department | 17 | | of State Police shall conduct a background check of the | 18 | | prospective qualifying patient and designated caregiver in | 19 | | order to carry out this Section. The Department of State Police | 20 | | shall charge a fee for conducting the criminal history record | 21 | | check, which shall be deposited in the State Police Services | 22 | | Fund and shall not exceed the actual cost of the record check. | 23 | | Each person applying as a qualifying patient or a designated | 24 | | caregiver shall submit a full set of fingerprints to the | 25 | | Department of State Police for the purpose of obtaining a State | 26 | | and federal criminal records check. These fingerprints shall be |
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| 1 | | checked against the fingerprint records now and hereafter, to | 2 | | the extent allowed by law, filed in the Department of State | 3 | | Police and Federal Bureau of Investigation criminal history | 4 | | records databases. The Department of State Police shall | 5 | | furnish, following positive identification, all Illinois | 6 | | conviction information to the Department of Public Health. The | 7 | | Department of Public Health may waive the submission of a | 8 | | qualifying patient's complete fingerprints based on (1) the | 9 | | severity of the patient's illness and (2) the inability of the | 10 | | qualifying patient to supply those fingerprints, provided that | 11 | | a complete criminal background check is conducted by the | 12 | | Department of State Police prior to the issuance of a registry | 13 | | identification card. | 14 | | (e) The Department of Public Health shall notify the | 15 | | qualifying patient who has designated someone to serve as his | 16 | | or her designated caregiver if a registry identification card | 17 | | will not be issued to the designated caregiver.
| 18 | | (f) Denial of an application or renewal is considered a | 19 | | final Department action, subject to judicial review. | 20 | | Jurisdiction and venue for judicial review are vested in the | 21 | | Circuit Court.
| 22 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | 23 | | (410 ILCS 130/70) | 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 70. Registry identification cards. |
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| 1 | | (a) A registered qualifying patient or designated | 2 | | caregiver must keep their registry identification card in his | 3 | | or her possession at all times when engaging in the medical use | 4 | | of cannabis. | 5 | | (b) Registry identification cards shall contain the | 6 | | following:
| 7 | | (1) the name of the cardholder;
| 8 | | (2) a designation of whether the cardholder is a | 9 | | designated caregiver or qualifying patient;
| 10 | | (3) the date of issuance and expiration date of the | 11 | | registry identification card;
| 12 | | (4) a random alphanumeric identification number that | 13 | | is unique to the cardholder;
| 14 | | (5) if the cardholder is a designated caregiver, the | 15 | | random alphanumeric identification number of the | 16 | | registered qualifying patient the designated caregiver is | 17 | | receiving the registry identification card to assist; and
| 18 | | (6) a photograph of the cardholder, if required by | 19 | | Department of Public Health rules.
| 20 | | (c) To maintain a valid registration identification card, a | 21 | | registered qualifying patient and caregiver must annually | 22 | | resubmit, at least 45 days prior to the expiration date stated | 23 | | on the registry identification card, a completed renewal | 24 | | application, renewal fee, and accompanying documentation as | 25 | | described in Department of Public Health rules. The Department | 26 | | of Public Health shall send a notification to a registered |
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| 1 | | qualifying patient or registered designated caregiver 90 days | 2 | | prior to the expiration of the registered qualifying patient's | 3 | | or registered designated caregiver's identification card. If | 4 | | the Department of Public Health fails to grant or deny a | 5 | | renewal application received in accordance with this Section, | 6 | | then the renewal is deemed granted and the registered | 7 | | qualifying patient or registered designated caregiver may | 8 | | continue to use the expired identification card until the | 9 | | Department of Public Health denies the renewal or issues a new | 10 | | identification card.
| 11 | | (d) Except as otherwise provided in this Section, the | 12 | | expiration date is 3 years one year after the date of issuance.
| 13 | | (e) The Department of Public Health may electronically | 14 | | store in the card any or all of the information listed in | 15 | | subsection (b), along with the address and date of birth of the | 16 | | cardholder and the qualifying patient's designated dispensary | 17 | | organization, to allow it to be read by law enforcement agents.
| 18 | | (Source: P.A. 98-122, eff. 1-1-14.) | 19 | | (410 ILCS 130/75) | 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 75. Notifications to Department of Public Health and | 22 | | responses; civil penalty. | 23 | | (a) The following notifications and Department of Public | 24 | | Health responses are required:
| 25 | | (1) A registered qualifying patient shall notify the |
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| 1 | | Department of Public Health of any change in his or her | 2 | | name or address, or if the registered qualifying patient | 3 | | ceases to have his or her debilitating medical condition, | 4 | | within 10 days of the change.
| 5 | | (2) A registered designated caregiver shall notify the | 6 | | Department of Public Health of any change in his or her | 7 | | name or address, or if the designated caregiver becomes | 8 | | aware the registered qualifying patient passed away, | 9 | | within 10 days of the change.
| 10 | | (3) Before a registered qualifying patient changes his | 11 | | or her designated caregiver, the qualifying patient must | 12 | | notify the Department of Public Health.
| 13 | | (4) If a cardholder loses his or her registry | 14 | | identification card, he or she shall notify the Department | 15 | | within 10 days of becoming aware the card has been lost.
| 16 | | (b) When a cardholder notifies the Department of Public | 17 | | Health of items listed in subsection (a), but remains eligible | 18 | | under this Act, the Department of Public Health shall issue the | 19 | | cardholder a new registry identification card with a new random | 20 | | alphanumeric identification number within 15 business days of | 21 | | receiving the updated information and a fee as specified in | 22 | | Department of Public Health rules. If the person notifying the | 23 | | Department of Public Health is a registered qualifying patient, | 24 | | the Department shall also issue his or her registered | 25 | | designated caregiver, if any, a new registry identification | 26 | | card within 15 business days of receiving the updated |
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| 1 | | information.
| 2 | | (c) If a registered qualifying patient ceases to be a | 3 | | registered qualifying patient or changes his or her registered | 4 | | designated caregiver, the Department of Public Health shall | 5 | | promptly notify the designated caregiver. The registered | 6 | | designated caregiver's protections under this Act as to that | 7 | | qualifying patient shall expire 15 days after notification by | 8 | | the Department.
| 9 | | (d) A cardholder who fails to make a notification to the | 10 | | Department of Public Health that is required by this Section is | 11 | | subject to a civil infraction, punishable by a penalty of no | 12 | | more than $150.
| 13 | | (e) A registered qualifying patient shall notify the | 14 | | Department of Public Health of any change to his or her | 15 | | designated registered dispensing organization. Registered | 16 | | dispensing organizations must comply with all requirements of | 17 | | this Act.
| 18 | | (f) If the registered qualifying patient's certifying | 19 | | physician notifies the Department in writing that either the | 20 | | registered qualifying patient has ceased to suffer from a | 21 | | debilitating medical condition or that the physician no longer | 22 | | believes the patient would receive therapeutic or palliative | 23 | | benefit from the medical use of cannabis , the card shall become | 24 | | null and void. However, the registered qualifying patient shall | 25 | | have 15 days to destroy his or her remaining medical cannabis | 26 | | and related paraphernalia.
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| 1 | | (Source: P.A. 98-122, eff. 1-1-14.) | 2 | | (410 ILCS 130/220) | 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 220. Repeal of Act. This Act is repealed on July 1, | 5 | | 2020 4 years after the effective date of this Act .
| 6 | | (Source: P.A. 98-122, eff. 1-1-14.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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