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Rep. Kelly M. Cassidy
Filed: 5/29/2018
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1 | | AMENDMENT TO SENATE BILL 336
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2 | | AMENDMENT NO. ______. Amend Senate Bill 336 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be referred to as the |
5 | | Alternatives
to Opioids Act of 2018. |
6 | | Section 10. The Illinois Procurement Code is amended by |
7 | | changing Section 1-10 as follows:
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8 | | (30 ILCS 500/1-10)
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9 | | Sec. 1-10. Application.
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10 | | (a) This Code applies only to procurements for which |
11 | | bidders, offerors, potential contractors, or contractors were |
12 | | first
solicited on or after July 1, 1998. This Code shall not |
13 | | be construed to affect
or impair any contract, or any provision |
14 | | of a contract, entered into based on a
solicitation prior to |
15 | | the implementation date of this Code as described in
Article |
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1 | | 99, including but not limited to any covenant entered into with |
2 | | respect
to any revenue bonds or similar instruments.
All |
3 | | procurements for which contracts are solicited between the |
4 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be |
5 | | substantially in accordance
with this Code and its intent.
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6 | | (b) This Code shall apply regardless of the source of the |
7 | | funds with which
the contracts are paid, including federal |
8 | | assistance moneys. This
Code shall
not apply to:
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9 | | (1) Contracts between the State and its political |
10 | | subdivisions or other
governments, or between State |
11 | | governmental bodies, except as specifically provided in |
12 | | this Code.
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13 | | (2) Grants, except for the filing requirements of |
14 | | Section 20-80.
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15 | | (3) Purchase of care, except as provided in Section |
16 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
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17 | | (4) Hiring of an individual as employee and not as an |
18 | | independent
contractor, whether pursuant to an employment |
19 | | code or policy or by contract
directly with that |
20 | | individual.
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21 | | (5) Collective bargaining contracts.
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22 | | (6) Purchase of real estate, except that notice of this |
23 | | type of contract with a value of more than $25,000 must be |
24 | | published in the Procurement Bulletin within 10 calendar |
25 | | days after the deed is recorded in the county of |
26 | | jurisdiction. The notice shall identify the real estate |
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1 | | purchased, the names of all parties to the contract, the |
2 | | value of the contract, and the effective date of the |
3 | | contract.
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4 | | (7) Contracts necessary to prepare for anticipated |
5 | | litigation, enforcement
actions, or investigations, |
6 | | provided
that the chief legal counsel to the Governor shall |
7 | | give his or her prior
approval when the procuring agency is |
8 | | one subject to the jurisdiction of the
Governor, and |
9 | | provided that the chief legal counsel of any other |
10 | | procuring
entity
subject to this Code shall give his or her |
11 | | prior approval when the procuring
entity is not one subject |
12 | | to the jurisdiction of the Governor.
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13 | | (8) (Blank).
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14 | | (9) Procurement expenditures by the Illinois |
15 | | Conservation Foundation
when only private funds are used.
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16 | | (10) (Blank). |
17 | | (11) Public-private agreements entered into according |
18 | | to the procurement requirements of Section 20 of the |
19 | | Public-Private Partnerships for Transportation Act and |
20 | | design-build agreements entered into according to the |
21 | | procurement requirements of Section 25 of the |
22 | | Public-Private Partnerships for Transportation Act. |
23 | | (12) Contracts for legal, financial, and other |
24 | | professional and artistic services entered into on or |
25 | | before December 31, 2018 by the Illinois Finance Authority |
26 | | in which the State of Illinois is not obligated. Such |
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1 | | contracts shall be awarded through a competitive process |
2 | | authorized by the Board of the Illinois Finance Authority |
3 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
4 | | 50-35, and 50-37 of this Code, as well as the final |
5 | | approval by the Board of the Illinois Finance Authority of |
6 | | the terms of the contract. |
7 | | (13) Contracts for services, commodities, and |
8 | | equipment to support the delivery of timely forensic |
9 | | science services in consultation with and subject to the |
10 | | approval of the Chief Procurement Officer as provided in |
11 | | subsection (d) of Section 5-4-3a of the Unified Code of |
12 | | Corrections, except for the requirements of Sections |
13 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
14 | | Code; however, the Chief Procurement Officer may, in |
15 | | writing with justification, waive any certification |
16 | | required under Article 50 of this Code. For any contracts |
17 | | for services which are currently provided by members of a |
18 | | collective bargaining agreement, the applicable terms of |
19 | | the collective bargaining agreement concerning |
20 | | subcontracting shall be followed. |
21 | | On and after January 1, 2019, this paragraph (13), |
22 | | except for this sentence, is inoperative. |
23 | | (14) Contracts for participation expenditures required |
24 | | by a domestic or international trade show or exhibition of |
25 | | an exhibitor, member, or sponsor. |
26 | | (15) Contracts with a railroad or utility that requires |
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1 | | the State to reimburse the railroad or utilities for the |
2 | | relocation of utilities for construction or other public |
3 | | purpose. Contracts included within this paragraph (15) |
4 | | shall include, but not be limited to, those associated |
5 | | with: relocations, crossings, installations, and |
6 | | maintenance. For the purposes of this paragraph (15), |
7 | | "railroad" means any form of non-highway ground |
8 | | transportation that runs on rails or electromagnetic |
9 | | guideways and "utility" means: (1) public utilities as |
10 | | defined in Section 3-105 of the Public Utilities Act, (2) |
11 | | telecommunications carriers as defined in Section 13-202 |
12 | | of the Public Utilities Act, (3) electric cooperatives as |
13 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
14 | | telephone or telecommunications cooperatives as defined in |
15 | | Section 13-212 of the Public Utilities Act, (5) rural water |
16 | | or waste water systems with 10,000 connections or less, (6) |
17 | | a holder as defined in Section 21-201 of the Public |
18 | | Utilities Act, and (7) municipalities owning or operating |
19 | | utility systems consisting of public utilities as that term |
20 | | is defined in Section 11-117-2 of the Illinois Municipal |
21 | | Code. |
22 | | (16) Procurement expenditures necessary for the |
23 | | Department of Agriculture, the Department of Financial and |
24 | | Professional Regulation, the Department of Human Services, |
25 | | and the Department of Public Health to implement the |
26 | | Compassionate Use of Medical Cannabis Pilot Program and |
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1 | | Opioid Alternative Pilot Program requirements and ensure |
2 | | access to medical cannabis for patients with debilitating |
3 | | medical conditions in accordance with the Compassionate |
4 | | Use of Medical Cannabis Pilot Program Act. |
5 | | Notwithstanding any other provision of law, for contracts |
6 | | entered into on or after October 1, 2017 under an exemption |
7 | | provided in any paragraph of this subsection (b), except |
8 | | paragraph (1), (2), or (5), each State agency shall post to the |
9 | | appropriate procurement bulletin the name of the contractor, a |
10 | | description of the supply or service provided, the total amount |
11 | | of the contract, the term of the contract, and the exception to |
12 | | the Code utilized. The chief procurement officer shall submit a |
13 | | report to the Governor and General Assembly no later than |
14 | | November 1 of each year that shall include, at a minimum, an |
15 | | annual summary of the monthly information reported to the chief |
16 | | procurement officer. |
17 | | (c) This Code does not apply to the electric power |
18 | | procurement process provided for under Section 1-75 of the |
19 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
20 | | Utilities Act. |
21 | | (d) Except for Section 20-160 and Article 50 of this Code, |
22 | | and as expressly required by Section 9.1 of the Illinois |
23 | | Lottery Law, the provisions of this Code do not apply to the |
24 | | procurement process provided for under Section 9.1 of the |
25 | | Illinois Lottery Law. |
26 | | (e) This Code does not apply to the process used by the |
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1 | | Capital Development Board to retain a person or entity to |
2 | | assist the Capital Development Board with its duties related to |
3 | | the determination of costs of a clean coal SNG brownfield |
4 | | facility, as defined by Section 1-10 of the Illinois Power |
5 | | Agency Act, as required in subsection (h-3) of Section 9-220 of |
6 | | the Public Utilities Act, including calculating the range of |
7 | | capital costs, the range of operating and maintenance costs, or |
8 | | the sequestration costs or monitoring the construction of clean |
9 | | coal SNG brownfield facility for the full duration of |
10 | | construction. |
11 | | (f) (Blank). |
12 | | (g) (Blank). |
13 | | (h) This Code does not apply to the process to procure or |
14 | | contracts entered into in accordance with Sections 11-5.2 and |
15 | | 11-5.3 of the Illinois Public Aid Code. |
16 | | (i) Each chief procurement officer may access records |
17 | | necessary to review whether a contract, purchase, or other |
18 | | expenditure is or is not subject to the provisions of this |
19 | | Code, unless such records would be subject to attorney-client |
20 | | privilege. |
21 | | (j) This Code does not apply to the process used by the |
22 | | Capital Development Board to retain an artist or work or works |
23 | | of art as required in Section 14 of the Capital Development |
24 | | Board Act. |
25 | | (k) This Code does not apply to the process to procure |
26 | | contracts, or contracts entered into, by the State Board of |
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1 | | Elections or the State Electoral Board for hearing officers |
2 | | appointed pursuant to the Election Code. |
3 | | (l) This Code does not apply to the processes used by the |
4 | | Illinois Student Assistance Commission to procure supplies and |
5 | | services paid for from the private funds of the Illinois |
6 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
7 | | funds" means funds derived from deposits paid into the Illinois |
8 | | Prepaid Tuition Trust Fund and the earnings thereon. |
9 | | (Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17; |
10 | | 100-580, eff. 3-12-18.)
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11 | | Section 15. The Compassionate Use of Medical Cannabis Pilot |
12 | | Program Act is amended by changing Sections 5, 7, 10, 35, 55, |
13 | | 60, 65, 75, 130, and 160 and by adding Sections 36 and 62 as |
14 | | follows: |
15 | | (410 ILCS 130/5) |
16 | | (Section scheduled to be repealed on July 1, 2020)
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17 | | Sec. 5. Findings.
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18 | | (a) The recorded use of cannabis as a medicine goes back |
19 | | nearly 5,000 years. Modern medical research has confirmed the |
20 | | beneficial uses of cannabis in treating or alleviating the |
21 | | pain, nausea, and other symptoms associated with a variety of |
22 | | debilitating medical conditions, including cancer, multiple |
23 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
24 | | Sciences' Institute of Medicine in March 1999.
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1 | | (b) Studies published since the 1999 Institute of Medicine |
2 | | report continue to show the therapeutic value of cannabis in |
3 | | treating a wide array of debilitating medical conditions. These |
4 | | include relief of the neuropathic pain caused by multiple |
5 | | sclerosis, HIV/AIDS, and other illnesses that often fail to |
6 | | respond to conventional treatments and relief of nausea, |
7 | | vomiting, and other side effects of drugs used to treat |
8 | | HIV/AIDS and hepatitis C, increasing the chances of patients |
9 | | continuing on life-saving treatment regimens.
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10 | | (c) Cannabis has many currently accepted medical uses in |
11 | | the United States, having been recommended by thousands of |
12 | | licensed physicians to at least 600,000 patients in states with |
13 | | medical cannabis laws. The medical utility of cannabis is |
14 | | recognized by a wide range of medical and public health |
15 | | organizations, including the American Academy of HIV Medicine, |
16 | | the American College of Physicians, the American Nurses |
17 | | Association, the American Public Health Association, the |
18 | | Leukemia & Lymphoma Society, and many others.
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19 | | (d) Data from the Federal Bureau of Investigation's Uniform |
20 | | Crime Reports and the Compendium of Federal Justice Statistics |
21 | | show that approximately 99 out of every 100 cannabis arrests in |
22 | | the U.S. are made under state law, rather than under federal |
23 | | law. Consequently, changing State law will have the practical |
24 | | effect of protecting from arrest the vast majority of seriously |
25 | | ill patients who have a medical need to use cannabis.
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26 | | (d-5) In 2014, the Task Force on Veterans' Suicide was |
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1 | | created by the Illinois General Assembly to gather data on |
2 | | veterans' suicide prevention. Data from a U.S. Department of |
3 | | Veterans Affairs study indicates that 22 veterans commit |
4 | | suicide each day. |
5 | | (d-10) According to the State of Illinois Opioid Action
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6 | | Plan released in September 2017, "The opioid epidemic is the
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7 | | most significant public health and public safety crisis facing
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8 | | Illinois".
According to the Action Plan, "Fueled by the growing |
9 | | opioid
epidemic, drug overdoses have now become the leading |
10 | | cause of
death nationwide for people under the age of 50. In |
11 | | Illinois,
opioid overdoses have killed nearly 11,000 people |
12 | | since 2008.
Just last year, nearly 1,900 people died of |
13 | | overdoses—almost
twice the number of fatal car accidents. |
14 | | Beyond these deaths
are thousands of emergency department |
15 | | visits, hospital stays,
as well as the pain suffered by |
16 | | individuals, families, and
communities". |
17 | | According to the Action Plan, "At the current rate, the
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18 | | opioid epidemic will claim the lives of more than 2,700
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19 | | Illinoisans in 2020". |
20 | | Further, the Action Plan states, "Physical tolerance to
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21 | | opioids can begin to develop as early as two to three days
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22 | | following the continuous use of opioids, which is a large
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23 | | factor that contributes to their addictive potential". |
24 | | The 2017 State of Illinois Opioid Action Plan also states,
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25 | | "The increase in OUD [opioid use disorder] and opioid overdose
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26 | | deaths is largely due to the dramatic rise in the rate and
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1 | | amount of opioids prescribed for pain over the past decades". |
2 | | Further, according to the Action Plan, "In the absence of
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3 | | alternative treatments, reducing the supply of prescription |
4 | | opioids too abruptly may drive more people to switch to using
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5 | | illicit drugs (including heroin), thus increasing the risk of
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6 | | overdose". |
7 | | (e) Alaska, Arizona, California, Colorado, Connecticut, |
8 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
9 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
10 | | Washington, and Washington, D.C. have removed state-level |
11 | | criminal penalties from the medical use and cultivation of |
12 | | cannabis. Illinois joins in this effort for the health and |
13 | | welfare of its citizens.
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14 | | (f) States are not required to enforce federal law or |
15 | | prosecute people for engaging in activities prohibited by |
16 | | federal law. Therefore, compliance with this Act does not put |
17 | | the State of Illinois in violation of federal law.
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18 | | (g) State law should make a distinction between the medical |
19 | | and non-medical uses of cannabis. Hence, the purpose of this |
20 | | Act is to protect patients with debilitating medical |
21 | | conditions, as well as their physicians and providers, from |
22 | | arrest and prosecution, criminal and other penalties, and |
23 | | property forfeiture if the patients engage in the medical use |
24 | | of cannabis.
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25 | | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.) |
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1 | | (410 ILCS 130/7) |
2 | | (Section scheduled to be repealed on July 1, 2020) |
3 | | Sec. 7. Lawful user and lawful products. For the purposes |
4 | | of this Act and to clarify the legislative findings on the |
5 | | lawful use of cannabis: |
6 | | (1) A cardholder under this Act shall not be considered |
7 | | an unlawful user or addicted to narcotics solely as a |
8 | | result of his or her qualifying patient or designated |
9 | | caregiver status. |
10 | | (2) All medical cannabis products purchased by a |
11 | | qualifying patient at a licensed dispensing organization |
12 | | shall be lawful products and a distinction shall be made |
13 | | between medical and non-medical uses of cannabis as a |
14 | | result of the qualifying patient's cardholder status , |
15 | | provisional registration for qualifying patient cardholder |
16 | | status, or participation in the Opioid Alternative Pilot |
17 | | Program under the authorized use granted under State law. |
18 | | (3) An individual with a provisional registration for |
19 | | qualifying patient cardholder status, a qualifying patient |
20 | | in the medical cannabis pilot program, or an Opioid |
21 | | Alternative Pilot
Program participant under Section 62 |
22 | | shall not be considered an unlawful user or addicted
to |
23 | | narcotics solely as a result of his or her application to |
24 | | or participation in the program.
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25 | | (Source: P.A. 99-519, eff. 6-30-16.) |
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1 | | (410 ILCS 130/10) |
2 | | (Section scheduled to be repealed on July 1, 2020)
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3 | | Sec. 10. Definitions. The following terms, as used in this |
4 | | Act, shall have the meanings set forth in this Section:
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5 | | (a) "Adequate supply" means:
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6 | | (1) 2.5 ounces of usable cannabis during a period of 14 |
7 | | days and that is derived solely from an intrastate source.
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8 | | (2) Subject to the rules of the Department of Public |
9 | | Health, a patient may apply for a waiver where a physician |
10 | | provides a substantial medical basis in a signed, written |
11 | | statement asserting that, based on the patient's medical |
12 | | history, in the physician's professional judgment, 2.5 |
13 | | ounces is an insufficient adequate supply for a 14-day |
14 | | period to properly alleviate the patient's debilitating |
15 | | medical condition or symptoms associated with the |
16 | | debilitating medical condition.
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17 | | (3) This subsection may not be construed to authorize |
18 | | the possession of more than 2.5 ounces at any time without |
19 | | authority from the Department of Public Health.
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20 | | (4) The pre-mixed weight of medical cannabis used in |
21 | | making a cannabis infused product shall apply toward the |
22 | | limit on the total amount of medical cannabis a registered |
23 | | qualifying patient may possess at any one time. |
24 | | (b) "Cannabis" has the meaning given that term in Section 3 |
25 | | of the Cannabis Control Act.
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26 | | (c) "Cannabis plant monitoring system" means a system that |
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1 | | includes, but is not limited to, testing and data collection |
2 | | established and maintained by the registered cultivation |
3 | | center and available to the Department for the purposes of |
4 | | documenting each cannabis plant and for monitoring plant |
5 | | development throughout the life cycle of a cannabis plant |
6 | | cultivated for the intended use by a qualifying patient from |
7 | | seed planting to final packaging.
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8 | | (d) "Cardholder" means a qualifying patient or a designated |
9 | | caregiver who has been issued and possesses a valid registry |
10 | | identification card by the Department of Public Health.
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11 | | (e) "Cultivation center" means a facility operated by an |
12 | | organization or business that is registered by the Department |
13 | | of Agriculture to perform necessary activities to provide only |
14 | | registered medical cannabis dispensing organizations with |
15 | | usable medical cannabis.
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16 | | (f) "Cultivation center agent" means a principal officer, |
17 | | board member, employee, or agent of a registered cultivation |
18 | | center who is 21 years of age or older and has not been |
19 | | convicted of an excluded offense.
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20 | | (g) "Cultivation center agent identification card" means a |
21 | | document issued by the Department of Agriculture that |
22 | | identifies a person as a cultivation center agent.
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23 | | (h) "Debilitating medical condition" means one or more of |
24 | | the following: |
25 | | (1) cancer, glaucoma, positive status for human |
26 | | immunodeficiency virus, acquired immune deficiency |
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1 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, |
2 | | Crohn's disease, agitation of Alzheimer's disease, |
3 | | cachexia/wasting syndrome, muscular dystrophy, severe |
4 | | fibromyalgia, spinal cord disease, including but not |
5 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, |
6 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, |
7 | | spinal cord injury, traumatic brain injury and |
8 | | post-concussion syndrome, Multiple Sclerosis, |
9 | | Arnold-Chiari malformation and Syringomyelia, |
10 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, |
11 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD |
12 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS |
13 | | (Complex Regional Pain Syndromes Type II), |
14 | | Neurofibromatosis, Chronic Inflammatory Demyelinating |
15 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial |
16 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella |
17 | | syndrome, residual limb pain, seizures (including those |
18 | | characteristic of epilepsy), post-traumatic stress |
19 | | disorder (PTSD), or the treatment of these conditions;
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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.
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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.
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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.
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19 | | (l) "Excluded offense" for cultivation center agents and |
20 | | dispensing organizations means:
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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
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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.
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11 | | For purposes of this subsection, the Department of Public |
12 | | Health shall determine by emergency rule within 30 days after |
13 | | the effective date of this amendatory Act of the 99th General |
14 | | Assembly what constitutes a "reasonable amount". |
15 | | (l-5) (Blank). "Excluded offense" for a qualifying patient |
16 | | or designated caregiver means a violation of state or federal |
17 | | controlled substance law, the Cannabis Control Act, or the |
18 | | Methamphetamine and Community Protection Act that was |
19 | | classified as a felony in the jurisdiction where the person was |
20 | | convicted, except that the registering Department may waive |
21 | | this restriction if the person demonstrates to the registering |
22 | | Department's satisfaction that his or her conviction was for |
23 | | the possession, cultivation, transfer, or delivery of a |
24 | | reasonable amount of cannabis intended for medical use. This |
25 | | exception does not apply if the conviction was under state law |
26 | | and involved a violation of an existing medical cannabis law. |
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1 | | For purposes of this subsection, the Department of Public |
2 | | Health shall determine by emergency rule within 30 days after |
3 | | the effective date of this amendatory Act of the 99th General |
4 | | Assembly what constitutes a "reasonable amount". |
5 | | (l-10) "Illinois Cannabis Tracking System" means a |
6 | | web-based system established and maintained by the Department |
7 | | of Public Health that is available to the Department of |
8 | | Agriculture, the Department of Financial and Professional |
9 | | Regulation, the Illinois State Police, and registered medical |
10 | | cannabis dispensing organizations on a 24-hour basis to upload |
11 | | written certifications for Opioid Alternative Pilot Program |
12 | | participants, to verify Opioid Alternative Pilot Program |
13 | | participants, to verify Opioid Alternative Pilot Program |
14 | | participants' available cannabis allotment and assigned |
15 | | dispensary, and the tracking of the date of sale, amount, and |
16 | | price of medical cannabis purchased by an Opioid Alternative |
17 | | Pilot Program participant. |
18 | | (m) "Medical cannabis cultivation center registration" |
19 | | means a registration issued by the Department of Agriculture. |
20 | | (n) "Medical cannabis container" means a sealed, |
21 | | traceable, food compliant, tamper resistant, tamper evident |
22 | | container, or package used for the purpose of containment of |
23 | | medical cannabis from a cultivation center to a dispensing |
24 | | organization.
|
25 | | (o) "Medical cannabis dispensing organization", or |
26 | | "dispensing organization", or "dispensary organization" means |
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1 | | a facility operated by an organization or business that is |
2 | | registered by the Department of Financial and Professional |
3 | | Regulation to acquire medical cannabis from a registered |
4 | | cultivation center for the purpose of dispensing cannabis, |
5 | | paraphernalia, or related supplies and educational materials |
6 | | to registered qualifying patients , individuals with a |
7 | | provisional registration for qualifying patient cardholder |
8 | | status, or an Opioid Alternative Pilot Program participant .
|
9 | | (p) "Medical cannabis dispensing organization agent" or |
10 | | "dispensing organization agent" means a principal officer, |
11 | | board member, employee, or agent of a registered medical |
12 | | cannabis dispensing organization who is 21 years of age or |
13 | | older and has not been convicted of an excluded offense.
|
14 | | (q) "Medical cannabis infused product" means food, oils, |
15 | | ointments, or other products containing usable cannabis that |
16 | | are not smoked.
|
17 | | (r) "Medical use" means the acquisition; administration; |
18 | | delivery; possession; transfer; transportation; or use of |
19 | | cannabis to treat or alleviate a registered qualifying |
20 | | patient's debilitating medical condition or symptoms |
21 | | associated with the patient's debilitating medical condition.
|
22 | | (r-5) "Opioid" means a narcotic drug or substance that is a
|
23 | | Schedule II controlled substance under paragraph (1), (2), (3),
|
24 | | or (5) of subsection (b) or under subsection (c) of Section 206
|
25 | | of the Illinois Controlled Substances Act. |
26 | | (r-10) "Opioid Alternative Pilot Program participant" |
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1 | | means an individual who has
received a valid written |
2 | | certification to participate in the Opioid Alternative Pilot |
3 | | Program for a medical condition for
which an opioid has been or |
4 | | could be prescribed by a physician
based on generally accepted |
5 | | standards of care. |
6 | | (s) "Physician" means a doctor of medicine or doctor of |
7 | | osteopathy licensed under the Medical Practice Act of 1987 to |
8 | | practice medicine and who has a controlled substances license |
9 | | under Article III of the Illinois Controlled Substances Act. It |
10 | | does not include a licensed practitioner under any other Act |
11 | | including but not limited to the Illinois Dental Practice Act.
|
12 | | (s-5) "Provisional registration" means a document issued |
13 | | by the Department of Public Health to a qualifying patient who |
14 | | has submitted: (1) an online application and paid a fee to |
15 | | participate in Compassionate Use of Medical Cannabis Pilot |
16 | | Program pending approval or denial of the patient's |
17 | | application; or (2) a completed application for terminal |
18 | | illness. |
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 the qualifying patient |
23 | | has a debilitating medical condition and specifying the |
24 | | debilitating medical condition the qualifying patient has; and |
25 | | (2) that (A) the physician is treating or managing treatment of |
26 | | the patient's debilitating medical condition ; or (B) an Opioid |
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1 | | Alternative Pilot Program participant has a medical condition |
2 | | for which opioids have been or could be prescribed . A written |
3 | | certification shall be made only in the course of a bona fide |
4 | | physician-patient relationship, after the physician has |
5 | | completed an assessment of either a the qualifying patient's |
6 | | medical history or Opioid Alternative Pilot Program |
7 | | participant , reviewed relevant records related to the |
8 | | patient's debilitating condition, and conducted a physical |
9 | | examination. |
10 | | (z) "Bona fide physician-patient relationship" means a
|
11 | | relationship established at a hospital, physician's office, or |
12 | | other health care facility in which the physician has an |
13 | | ongoing responsibility for the assessment, care, and treatment |
14 | | of a
patient's debilitating medical condition or a symptom of |
15 | | the
patient's debilitating medical condition. |
16 | | A veteran who has received treatment at a VA hospital shall |
17 | | be deemed to have a bona fide physician-patient relationship |
18 | | with a VA physician if the patient has been seen for his or her |
19 | | debilitating medical condition at the VA Hospital in accordance |
20 | | with VA Hospital protocols. |
21 | | A bona fide physician-patient relationship under this |
22 | | subsection is a privileged communication within the meaning of |
23 | | Section 8-802 of the Code of Civil Procedure.
|
24 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, |
25 | | eff. 6-30-16.) |
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1 | | (410 ILCS 130/35) |
2 | | (Section scheduled to be repealed on July 1, 2020)
|
3 | | Sec. 35. Physician requirements.
|
4 | | (a) A physician who certifies a debilitating medical |
5 | | condition for a qualifying patient shall comply with all of the |
6 | | following requirements:
|
7 | | (1) The Physician shall be currently licensed under the |
8 | | Medical Practice Act of 1987 to practice medicine in all |
9 | | its branches and in good standing, and must hold a |
10 | | controlled substances license under Article III of the |
11 | | Illinois Controlled Substances Act.
|
12 | | (2) A physician certifying a patient's condition shall |
13 | | comply with generally accepted standards of medical |
14 | | practice, the provisions of the Medical Practice Act of |
15 | | 1987 and all applicable rules.
|
16 | | (3) The physical examination required by this Act may |
17 | | not be performed by remote means, including telemedicine.
|
18 | | (4) The physician shall maintain a record-keeping |
19 | | system for all patients for whom the physician has |
20 | | certified the patient's medical condition. These records |
21 | | shall be accessible to and subject to review by the |
22 | | Department of Public Health and the Department of Financial |
23 | | and Professional Regulation upon request.
|
24 | | (b) A physician may not:
|
25 | | (1) accept, solicit, or offer any form of remuneration |
26 | | from or to a qualifying patient, primary caregiver, |
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1 | | cultivation center, or dispensing organization, including |
2 | | each principal officer, board member, agent, and employee, |
3 | | to certify a patient, other than accepting payment from a |
4 | | patient for the fee associated with the required |
5 | | examination; |
6 | | (2) offer a discount of any other item of value to a |
7 | | qualifying patient who uses or agrees to use a particular |
8 | | primary caregiver or dispensing organization to obtain |
9 | | medical cannabis;
|
10 | | (3) conduct a personal physical examination of a |
11 | | patient for purposes of diagnosing a debilitating medical |
12 | | condition at a location where medical cannabis is sold or |
13 | | distributed or at the address of a principal officer, |
14 | | agent, or employee or a medical cannabis organization;
|
15 | | (4) hold a direct or indirect economic interest in a |
16 | | cultivation center or dispensing organization if he or she |
17 | | recommends the use of medical cannabis to qualified |
18 | | patients or is in a partnership or other fee or |
19 | | profit-sharing relationship with a physician who |
20 | | recommends medical cannabis, except for the limited |
21 | | purpose of performing a medical cannabis related research |
22 | | study;
|
23 | | (5) serve on the board of directors or as an employee |
24 | | of a cultivation center or dispensing organization;
|
25 | | (6) refer patients to a cultivation center, a |
26 | | dispensing organization, or a registered designated |
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1 | | caregiver;
or |
2 | | (7) advertise in a cultivation center or a dispensing |
3 | | organization.
|
4 | | (c) The Department of Public Health may with reasonable |
5 | | cause refer a physician, who has certified a debilitating |
6 | | medical condition of a patient, to the Illinois Department of |
7 | | Financial and Professional Regulation for potential violations |
8 | | of this Section.
|
9 | | (d) Any violation of this Section or any other provision of |
10 | | this Act or rules adopted under this Act is a violation of the |
11 | | Medical Practice Act of 1987.
|
12 | | (e) A physician who certifies a debilitating medical |
13 | | condition for a qualifying patient may notify the Department of |
14 | | Public Health in writing: (1) if the physician has reason to |
15 | | believe either that the
registered qualifying patient has |
16 | | ceased to suffer from a
debilitating medical condition; (2) |
17 | | that the bona fide physician-patient relationship has |
18 | | terminated; or (3) that continued use of medical cannabis would |
19 | | result in contraindication with the patient's
other |
20 | | medication. The registered qualifying patient's registry
|
21 | | identification card shall be revoked by the Department of |
22 | | Public Health after receiving the physician's notification. |
23 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
24 | | 99-519, eff. 6-30-16.) |
25 | | (410 ILCS 130/36 new) |
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1 | | Sec. 36. Written certification. |
2 | | (a) A certification confirming a patient's debilitating |
3 | | medical condition shall be written on a form provided by the |
4 | | Department of Public Health and shall include, at a minimum, |
5 | | the following: |
6 | | (1) the qualifying patient's name, date of birth, home |
7 | | address, and primary telephone number; |
8 | | (2) the physician's name, address, telephone number, |
9 | | email address, medical license number, and active |
10 | | controlled substances license under the Illinois |
11 | | Controlled Substances Act and indication of specialty or |
12 | | primary area of clinical practice, if any; |
13 | | (3) the qualifying patient's debilitating medical |
14 | | condition; |
15 | | (4) a statement that the physician has confirmed a |
16 | | diagnosis of a debilitating condition; is treating or |
17 | | managing treatment of the patient's debilitating |
18 | | condition; has a bona-fide physician-patient relationship; |
19 | | has conducted an in-person physical examination; and has |
20 | | conducted a review of the patient's medical history, |
21 | | including reviewing medical records from other treating |
22 | | physicians, if any, from the previous 12 months; |
23 | | (5) the physician's signature and date of |
24 | | certification; and |
25 | | (6) a statement that a participant in possession of a |
26 | | written certification indicating a debilitating medical |
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1 | | condition shall not be considered an unlawful user or |
2 | | addicted to narcotics solely as a result of his or her |
3 | | pending application to or participation in the |
4 | | Compassionate Use of Medical Cannabis Pilot Program. |
5 | | (b) A written certification does not constitute a |
6 | | prescription for medical cannabis. |
7 | | (c) Applications for qualifying patients under 18 years old |
8 | | shall require a written certification from a physician and a |
9 | | reviewing physician. |
10 | | (d) A certification confirming the patient's eligibility |
11 | | to participate in the Opioid Alternative Pilot Program shall be |
12 | | written on a form provided by the Department of Public Health |
13 | | and shall include, at a minimum, the following: |
14 | | (1) the participant's name, date of birth, home |
15 | | address, and primary telephone number; |
16 | | (2) the physician's name, address, telephone number, |
17 | | email address, medical license number, and active |
18 | | controlled substances license under the Illinois |
19 | | Controlled Substances Act and indication of specialty or |
20 | | primary area of clinical practice, if any; |
21 | | (3) the physician's signature and date; |
22 | | (4) the length of participation in the program, which |
23 | | shall be limited to no more than 90 days; |
24 | | (5) a statement identifying the patient has been |
25 | | diagnosed with and is currently undergoing treatment for a |
26 | | medical condition where an opioid has been or could be |
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1 | | prescribed; and |
2 | | (6) a statement that a participant in possession of a |
3 | | written certification indicating eligibility to |
4 | | participate in the Opioid Alternative Pilot Program shall |
5 | | not be considered an unlawful user or addicted to narcotics |
6 | | solely as a result of his or her eligibility or |
7 | | participation in the program. |
8 | | (e) The Department of Public Health may provide a single |
9 | | certification form for subsections (a) and (d) of this Section, |
10 | | provided that all requirements of those subsections are |
11 | | included on the form. |
12 | | (f) The Department of Public Health shall not include the |
13 | | word "cannabis" on any application forms or written |
14 | | certification forms that it issues under this Section. |
15 | | (g) A written certification does not constitute a |
16 | | prescription. |
17 | | (h) It is unlawful for any person to knowingly submit a |
18 | | fraudulent certification to be a qualifying patient in the |
19 | | Compassionate Use of Medical Cannabis Pilot Program or an |
20 | | Opioid Alternative Pilot Program participant. A violation of |
21 | | this subsection shall result in the person who has knowingly |
22 | | submitted the fraudulent certification being permanently |
23 | | banned from participating in the Compassionate Use of Medical |
24 | | Cannabis Pilot Program or the Opioid Alternative Pilot Program. |
25 | | (410 ILCS 130/55) |
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1 | | (Section scheduled to be repealed on July 1, 2020)
|
2 | | Sec. 55. Registration of qualifying patients and |
3 | | designated caregivers.
|
4 | | (a) The Department of Public Health shall issue registry |
5 | | identification cards to qualifying patients and designated |
6 | | caregivers who submit a completed application, and at minimum, |
7 | | the following, in accordance with Department of Public Health |
8 | | rules:
|
9 | | (1) A written certification, on a form developed by the |
10 | | Department of Public Health consistent with Section 36 and |
11 | | issued by a physician, within 90 days immediately preceding |
12 | | the date of an application;
|
13 | | (2) upon the execution of applicable privacy waivers, |
14 | | the patient's medical documentation related to his or her |
15 | | debilitating condition and any other information that may |
16 | | be reasonably required by the Department of Public Health |
17 | | to confirm that the physician and patient have a bona fide |
18 | | physician-patient relationship, that the qualifying |
19 | | patient is in the physician's care for his or her |
20 | | debilitating medical condition, and to substantiate the |
21 | | patient's diagnosis;
|
22 | | (3) the application or renewal fee as set by rule;
|
23 | | (4) the name, address, date of birth, and social |
24 | | security number of the qualifying patient, except that if |
25 | | the applicant is homeless no address is required;
|
26 | | (5) the name, address, and telephone number of the |
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1 | | qualifying patient's physician;
|
2 | | (6) the name, address, and date of birth of the |
3 | | designated caregiver, if any, chosen by the qualifying |
4 | | patient;
|
5 | | (7) the name of the registered medical cannabis |
6 | | dispensing organization the qualifying patient designates;
|
7 | | (8) signed statements from the patient and designated |
8 | | caregiver asserting that they will not divert medical |
9 | | cannabis; and
|
10 | | (9) (blank). completed background checks for the |
11 | | patient and designated caregiver.
|
12 | | (b) Notwithstanding any other provision of this Act, a |
13 | | person provided a written certification for a debilitating |
14 | | medical condition who has submitted a completed online |
15 | | application to the Department of Public Health shall receive a |
16 | | provisional registration and be entitled to purchase medical |
17 | | cannabis from a specified licensed dispensing organization for |
18 | | a period of 90 days or until his or her application has been |
19 | | denied or he or she receives a registry identification card, |
20 | | whichever is earlier. However, a person may obtain an |
21 | | additional provisional registration after the expiration of 90 |
22 | | days after the date of application if the Department of Public |
23 | | Health does not provide the individual with a registry |
24 | | identification card or deny the individual's application |
25 | | within those 90 days. |
26 | | In order for a person to receive medical cannabis under |
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1 | | this subsection, a person must present his or her provisional |
2 | | registration along with a valid driver's license or State |
3 | | identification card to the licensed dispensing organization |
4 | | specified in his or her application. The dispensing |
5 | | organization shall verify the person's provisional |
6 | | registration through the Department of Public Health's online |
7 | | verification system. |
8 | | Upon verification of the provided documents, the |
9 | | dispensing organization shall dispense no more than 2.5 ounces |
10 | | of medical cannabis during a 14-day period to the person for a |
11 | | period of 90 days, until his or her application has been |
12 | | denied, or until he or she receives a registry identification |
13 | | card from the Department of Public Health, whichever is |
14 | | earlier. |
15 | | Purchases of medical cannabis to persons with provisional |
16 | | registrations shall be tracked through the Illinois Cannabis |
17 | | Tracking System. |
18 | | Persons with provisional registrations must keep their |
19 | | provisional registration in his or her possession at all times |
20 | | when transporting or engaging in the medical use of cannabis. |
21 | | (c) No person or business shall charge a fee for assistance |
22 | | in the preparation, compilation, or submission of an |
23 | | application to the Compassionate Use of Medical Cannabis Pilot |
24 | | Program or the Opioid Alternative Pilot Program. A violation of |
25 | | this subsection is a Class C misdemeanor, for which restitution |
26 | | to the applicant and a fine of up to $2,500 may be imposed. All |
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1 | | fines shall be deposited into the Compassionate Use of Medical |
2 | | Cannabis Fund after restitution has been made to the applicant. |
3 | | The Department of Public Health shall refer individuals making |
4 | | complaints against a person or business under this Section to |
5 | | the Illinois State Police, who shall enforce violations of this |
6 | | provision. All application forms issued by the Department shall |
7 | | state that no person or business may charge a fee for |
8 | | assistance in the preparation, compilation, or submission of an |
9 | | application to the Compassionate Use of Medical Cannabis Pilot |
10 | | Program or the Opioid Alternative Pilot Program. |
11 | | (Source: P.A. 98-122, eff. 1-1-14 .) |
12 | | (410 ILCS 130/60) |
13 | | (Section scheduled to be repealed on July 1, 2020)
|
14 | | Sec. 60. Issuance of registry identification cards.
|
15 | | (a) Except as provided in subsection (b), the Department of |
16 | | Public Health shall:
|
17 | | (1) verify the information contained in an application |
18 | | or renewal for a registry identification card submitted |
19 | | under this Act, and approve or deny an application or |
20 | | renewal, within 90 30 days of receiving a completed |
21 | | application or renewal application and all supporting |
22 | | documentation specified in Section 55;
|
23 | | (2) issue registry identification cards to a |
24 | | qualifying patient and his or her designated caregiver, if |
25 | | any, within 15 business days of approving the application |
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1 | | or renewal;
|
2 | | (3) enter the registry identification number of the |
3 | | registered dispensing organization the patient designates |
4 | | into the verification system; and
|
5 | | (4) allow for an electronic application process, and |
6 | | provide a confirmation by electronic or other methods that |
7 | | an application has been submitted.
|
8 | | (b) The Department of Public Health may not issue a |
9 | | registry identification card to a qualifying patient who is |
10 | | under 18 years of age, unless that patient suffers from |
11 | | seizures, including those characteristic of epilepsy, or as |
12 | | provided by administrative rule. The Department of Public |
13 | | Health shall adopt rules for the issuance of a registry |
14 | | identification card for qualifying patients who are under 18 |
15 | | years of age and suffering from seizures, including those |
16 | | characteristic of epilepsy.
The Department of Public Health may |
17 | | adopt rules to allow other individuals under 18 years of age to |
18 | | become registered qualifying patients under this Act with the |
19 | | consent of a parent or legal guardian. Registered qualifying |
20 | | patients under 18 years of age shall be prohibited from |
21 | | consuming forms of cannabis other than medical cannabis infused |
22 | | products and purchasing any usable cannabis. |
23 | | (c) A veteran who has received treatment at a VA hospital |
24 | | is deemed to have a bona fide physician-patient relationship |
25 | | with a VA physician if the patient has been seen for his or her |
26 | | debilitating medical condition at the VA hospital in accordance |
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1 | | with VA hospital protocols.
All reasonable inferences |
2 | | regarding the existence of a bona fide physician-patient |
3 | | relationship shall be drawn in favor of an applicant who is a |
4 | | veteran and has undergone treatment at a VA hospital.
|
5 | | (c-10) An individual who submits an application as someone |
6 | | who is terminally ill shall have all fees and fingerprinting |
7 | | requirements waived. The Department of Public Health shall |
8 | | within 30 days after this amendatory Act of the 99th General |
9 | | Assembly adopt emergency rules to expedite approval for |
10 | | terminally ill individuals. These rules shall include, but not |
11 | | be limited to, rules that provide that applications by |
12 | | individuals with terminal illnesses shall be approved or denied |
13 | | within 14 days of their submission. |
14 | | (d) Upon the approval of the registration and issuance of a |
15 | | registry card under this Section, the Department of Public |
16 | | Health shall forward the designated caregiver or registered |
17 | | qualified patient's driver's registration number to the |
18 | | Secretary of State and certify that the individual is permitted |
19 | | to engage in the medical use of cannabis. For the purposes of |
20 | | law enforcement, the Secretary of State shall make a notation |
21 | | on the person's driving record stating the person is a |
22 | | registered qualifying patient who is entitled to the lawful |
23 | | medical use of cannabis. If the person no longer holds a valid |
24 | | registry card, the Department shall notify the Secretary of |
25 | | State and the Secretary of State shall remove the notation from |
26 | | the person's driving record. The Department and the Secretary |
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1 | | of State may establish a system by which the information may be |
2 | | shared electronically.
|
3 | | (e) Upon the approval of the registration and issuance of a |
4 | | registry card under this Section, the Department of Public |
5 | | Health shall electronically forward the registered qualifying |
6 | | patient's identification card information to the Prescription |
7 | | Monitoring Program established under the Illinois Controlled |
8 | | Substances Act and certify that the individual is permitted to |
9 | | engage in the medical use of cannabis. For the purposes of |
10 | | patient care, the Prescription Monitoring Program shall make a |
11 | | notation on the person's prescription record stating that the |
12 | | person is a registered qualifying patient who is entitled to |
13 | | the lawful medical use of cannabis. If the person no longer |
14 | | holds a valid registry card, the Department of Public Health |
15 | | shall notify the Prescription Monitoring Program and |
16 | | Department of Human Services to remove the notation from the |
17 | | person's record. The Department of Human Services and the |
18 | | Prescription Monitoring Program shall establish a system by |
19 | | which the information may be shared electronically. This |
20 | | confidential list may not be combined or linked in any manner |
21 | | with any other list or database except as provided in this |
22 | | Section. |
23 | | (f) (Blank). All applicants for a registry card shall be |
24 | | fingerprinted as part of the application process if they are a |
25 | | first-time applicant, if their registry card has already |
26 | | expired, or if they previously have had their registry card |
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1 | | revoked or otherwise denied. At renewal, cardholders whose |
2 | | registry cards have not yet expired, been revoked, or otherwise |
3 | | denied shall not be subject to fingerprinting. Registry cards |
4 | | shall be revoked by the Department of Public Health if the |
5 | | Department of Public Health is notified by the Secretary of |
6 | | State that a cardholder has been convicted of an excluded |
7 | | offense. For purposes of enforcing this subsection, the |
8 | | Department of Public Health and Secretary of State shall |
9 | | establish a system by which violations reported to the |
10 | | Secretary of State under paragraph 18 of subsection (a) of |
11 | | Section 6-205 of the Illinois Vehicle Code shall be shared with |
12 | | the Department of Public Health. |
13 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, |
14 | | eff. 6-30-16.) |
15 | | (410 ILCS 130/62 new) |
16 | | Sec. 62. Opioid Alternative Pilot Program. |
17 | | (a) The Department of Public Health shall establish the |
18 | | Opioid Alternative Pilot Program. Licensed dispensing |
19 | | organizations shall allow persons with a written certification |
20 | | from a licensed physician under Section 36 to purchase medical |
21 | | cannabis upon enrollment in the Opioid Alternative Pilot |
22 | | Program. For a person to receive medical cannabis under this |
23 | | Section, the person must present the written certification |
24 | | along with a valid driver's license or state identification |
25 | | card to the licensed dispensing organization specified in his |
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1 | | or her application. The dispensing organization shall verify |
2 | | the person's status as an Opioid Alternative Pilot Program |
3 | | participant through the Department of Public Health's online |
4 | | verification system. |
5 | | (b) The Opioid Alternative Pilot Program shall be limited |
6 | | to participation by Illinois residents age 21 and older. |
7 | | (c) The Department of Financial and Professional |
8 | | Regulation shall specify a cannabis tracking system for use by |
9 | | all licensed dispensing organizations participating in the |
10 | | Opioid Alternative Pilot Program. The Department of Public |
11 | | Health shall establish and maintain the Illinois Cannabis |
12 | | Tracking System. The Illinois Cannabis Tracking System shall be |
13 | | used to collect information about all persons participating in |
14 | | the Opioid Alternative Pilot Program and shall be used to track |
15 | | the sale of medical cannabis for verification purposes. |
16 | | Each dispensing organization shall retain a copy of the |
17 | | Opioid Alternative Pilot Program certification and other |
18 | | identifying information as required by the Department of |
19 | | Financial and Professional Regulation, the Department of |
20 | | Public Health, and the Illinois State Police in the Illinois |
21 | | Cannabis Tracking System. |
22 | | The Illinois Cannabis Tracking System shall be accessible |
23 | | to the Department of Financial and Professional Regulation, |
24 | | Department of Public Health, Department of Agriculture, |
25 | | Department of Human Services and the Illinois State Police. |
26 | | The Department of Financial and Professional Regulation in |
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1 | | collaboration with the Department of Public Health shall |
2 | | specify the data requirements for the Opioid Alternative Pilot |
3 | | Program by licensed dispensing organizations; including, but |
4 | | not limited to, the participant's full legal name, address, and |
5 | | date of birth, date on which the Opioid Alternative Pilot |
6 | | Program certification was issued, length of the participation |
7 | | in the Program, including the start and end date to purchase |
8 | | medical cannabis, name of the issuing physician, copy of the |
9 | | participant's current driver's license or State identification |
10 | | card, and phone number. |
11 | | The Illinois Cannabis Tracking System shall provide |
12 | | verification of a person's participation in the Opioid |
13 | | Alternative Pilot Program for law enforcement at any time and |
14 | | on any day. |
15 | | (d) The certification for Opioid Alternative Pilot Program |
16 | | participant must be issued by a physician licensed to practice |
17 | | in Illinois under the Medical Practice Act of 1987 and in good |
18 | | standing who holds a controlled substances license under |
19 | | Article III of the Illinois Controlled Substance Act. |
20 | | The certification for an Opioid Alternative Pilot Program |
21 | | participant shall be written within 90 days before the |
22 | | participant submits his or her certification to the dispensing |
23 | | organization. |
24 | | The written certification uploaded to the Illinois |
25 | | Cannabis Tracking System shall be accessible to the Department |
26 | | of Public Health. |
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1 | | (e) Upon verification of the individual's valid |
2 | | certification and enrollment in the Illinois Cannabis Tracking |
3 | | System, the dispensing organization may dispense the medical |
4 | | cannabis, in amounts not exceeding 2.5 ounces of medical |
5 | | cannabis per 14-day period to the participant at the |
6 | | participant's specified dispensary for no more than 90 days. |
7 | | An Opioid Alternative Pilot Program participant shall not |
8 | | be registered as a medical cannabis cardholder. The dispensing |
9 | | organization shall verify that the person is not an active |
10 | | registered qualifying patient prior to enrollment in the Opioid |
11 | | Alternative Pilot Program and each time medical cannabis is |
12 | | dispensed. |
13 | | Upon receipt of a written certification under the Opioid |
14 | | Alternative Pilot Program, the Department of Public Health |
15 | | shall electronically forward the patient's identification |
16 | | information to the Prescription Monitoring Program established |
17 | | under the Illinois Controlled Substances Act and certify that |
18 | | the individual is permitted to engage in the medical use of |
19 | | cannabis. For the purposes of patient care, the Prescription |
20 | | Monitoring Program shall make a notation on the person's |
21 | | prescription record stating that the person has a written |
22 | | certification under the Opioid Alternative Pilot Program and is |
23 | | a patient who is entitled to the lawful medical use of |
24 | | cannabis. If the person is no longer authorized to engage in |
25 | | the medical use of cannabis, the Department of Public Health |
26 | | shall notify the Prescription Monitoring Program and |
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1 | | Department of Human Services to remove the notation from the |
2 | | person's record. The Department of Human Services and the |
3 | | Prescription Monitoring Program shall establish a system by |
4 | | which the information may be shared electronically. This |
5 | | confidential list may not be combined or linked in any manner |
6 | | with any other list or database except as provided in this |
7 | | Section. |
8 | | (f) An Opioid Alternative Pilot Program participant shall |
9 | | not be considered a qualifying patient with a debilitating |
10 | | medical condition under this Act and shall be provided access |
11 | | to medical cannabis solely for the duration of the |
12 | | participant's certification. Nothing in this Section shall be |
13 | | construed to limit or prohibit an Opioid Alternative Pilot |
14 | | Program participant who has a debilitating medical condition |
15 | | from applying to the Compassionate Use of Medical Cannabis |
16 | | Pilot Program. |
17 | | (g) A person with a provisional registration under Section |
18 | | 55 shall not be considered an Opioid Alternative Pilot Program |
19 | | participant. |
20 | | (h) The Department of Financial and Professional |
21 | | Regulation and the Department of Public Health shall submit |
22 | | emergency rulemaking to implement the changes made by this |
23 | | amendatory Act of the 100th General Assembly by December 1, |
24 | | 2018. The Department of Financial and Professional Regulation, |
25 | | the Department of Agriculture, the Department of Human |
26 | | Services, the Department of Public Health, and the Illinois |
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1 | | State Police shall utilize emergency purchase authority for 12 |
2 | | months after the effective date of this amendatory Act of the |
3 | | 100th General Assembly for the purpose of implementing the |
4 | | changes made by this amendatory Act of the 100th General |
5 | | Assembly. |
6 | | (i) Dispensing organizations are not authorized to |
7 | | dispense medical cannabis to Opioid Alternative Pilot Program |
8 | | participants until administrative rules are approved by the |
9 | | Joint Committee on Administrative Rules and go into effect. |
10 | | (j) The provisions of this Section are inoperative on and |
11 | | after July 1, 2020. |
12 | | (410 ILCS 130/65) |
13 | | (Section scheduled to be repealed on July 1, 2020)
|
14 | | Sec. 65. Denial of registry identification cards. |
15 | | (a) The Department of Public Health may deny an application |
16 | | or renewal of a qualifying patient's registry identification |
17 | | card only if the applicant:
|
18 | | (1) did not provide the required information and |
19 | | materials;
|
20 | | (2) previously had a registry identification card |
21 | | revoked;
|
22 | | (3) did not meet the requirements of this Act; or
|
23 | | (4) provided false or falsified information ; or .
|
24 | | (5) violated any requirement of this Act. |
25 | | (b) (Blank). Except as provided in subsection (b-5) of this |
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1 | | Section, no person who has been convicted of a felony under the |
2 | | Illinois Controlled Substances Act, Cannabis Control Act, or |
3 | | Methamphetamine Control and Community Protection Act, or |
4 | | similar provision in a local ordinance or other jurisdiction is |
5 | | eligible to receive a registry identification card.
|
6 | | (b-5) (Blank). If a person was convicted of a felony under |
7 | | the Cannabis Control Act or a similar provision of a local |
8 | | ordinance or of a law of another jurisdiction, and the action |
9 | | warranting that felony is no longer considered a felony after |
10 | | the effective date of this amendatory Act of the 99th General |
11 | | Assembly, that person shall be eligible to receive a registry |
12 | | identification card. |
13 | | (c) The Department of Public Health may deny an application |
14 | | or renewal for a designated caregiver chosen by a qualifying |
15 | | patient whose registry identification card was granted only if:
|
16 | | (1) the designated caregiver does not meet the |
17 | | requirements of subsection (i) of Section 10;
|
18 | | (2) the applicant did not provide the information |
19 | | required;
|
20 | | (3) the prospective patient's application was denied;
|
21 | | (4) the designated caregiver previously had a registry |
22 | | identification card revoked; or
|
23 | | (5) the applicant or the designated caregiver provided |
24 | | false or falsified information ; or .
|
25 | | (6) violated any requirement of this Act. |
26 | | (d) (Blank). The Department of Public Health through the |
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1 | | Department of State Police shall conduct a background check of |
2 | | the prospective qualifying patient and designated caregiver in |
3 | | order to carry out this Section. The Department of State Police |
4 | | shall charge a fee for conducting the criminal history record |
5 | | check, which shall be deposited in the State Police Services |
6 | | Fund and shall not exceed the actual cost of the record check. |
7 | | Each person applying as a qualifying patient or a designated |
8 | | caregiver shall submit a full set of fingerprints to the |
9 | | Department of State Police for the purpose of obtaining a State |
10 | | and federal criminal records check. These fingerprints shall be |
11 | | checked against the fingerprint records now and hereafter, to |
12 | | the extent allowed by law, filed in the Department of State |
13 | | Police and Federal Bureau of Investigation criminal history |
14 | | records databases. The Department of State Police shall |
15 | | furnish, following positive identification, all Illinois |
16 | | conviction information to the Department of Public Health. The |
17 | | Department of Public Health may waive the submission of a |
18 | | qualifying patient's complete fingerprints based on (1) the |
19 | | severity of the patient's illness and (2) the inability of the |
20 | | qualifying patient to supply those fingerprints, provided that |
21 | | a complete criminal background check is conducted by the |
22 | | Department of State Police prior to the issuance of a registry |
23 | | identification card. |
24 | | (e) The Department of Public Health shall notify the |
25 | | qualifying patient who has designated someone to serve as his |
26 | | or her designated caregiver if a registry identification card |
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1 | | will not be issued to the designated caregiver.
|
2 | | (f) Denial of an application or renewal is considered a |
3 | | final Department action, subject to judicial review. |
4 | | Jurisdiction and venue for judicial review are vested in the |
5 | | Circuit Court.
|
6 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
7 | | 99-697, eff. 7-29-16.) |
8 | | (410 ILCS 130/75) |
9 | | (Section scheduled to be repealed on July 1, 2020)
|
10 | | Sec. 75. Notifications to Department of Public Health and |
11 | | responses; civil penalty. |
12 | | (a) The following notifications and Department of Public |
13 | | Health responses are required:
|
14 | | (1) A registered qualifying patient shall notify the |
15 | | Department of Public Health of any change in his or her |
16 | | name or address, or if the registered qualifying patient |
17 | | ceases to have his or her debilitating medical condition, |
18 | | within 10 days of the change.
|
19 | | (2) A registered designated caregiver shall notify the |
20 | | Department of Public Health of any change in his or her |
21 | | name or address, or if the designated caregiver becomes |
22 | | aware the registered qualifying patient passed away, |
23 | | within 10 days of the change.
|
24 | | (3) Before a registered qualifying patient changes his |
25 | | or her designated caregiver, the qualifying patient must |
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1 | | notify the Department of Public Health.
|
2 | | (4) If a cardholder loses his or her registry |
3 | | identification card, he or she shall notify the Department |
4 | | within 10 days of becoming aware the card has been lost.
|
5 | | (b) When a cardholder notifies the Department of Public |
6 | | Health of items listed in subsection (a), but remains eligible |
7 | | under this Act, the Department of Public Health shall issue the |
8 | | cardholder a new registry identification card with a new random |
9 | | alphanumeric identification number within 15 business days of |
10 | | receiving the updated information and a fee as specified in |
11 | | Department of Public Health rules. If the person notifying the |
12 | | Department of Public Health is a registered qualifying patient, |
13 | | the Department shall also issue his or her registered |
14 | | designated caregiver, if any, a new registry identification |
15 | | card within 15 business days of receiving the updated |
16 | | information.
|
17 | | (c) If a registered qualifying patient ceases to be a |
18 | | registered qualifying patient or changes his or her registered |
19 | | designated caregiver, the Department of Public Health shall |
20 | | promptly notify the designated caregiver. The registered |
21 | | designated caregiver's protections under this Act as to that |
22 | | qualifying patient shall expire 15 days after notification by |
23 | | the Department.
|
24 | | (d) A cardholder who fails to make a notification to the |
25 | | Department of Public Health that is required by this Section is |
26 | | subject to a civil infraction, punishable by a penalty of no |
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1 | | more than $150.
|
2 | | (e) A registered qualifying patient shall notify the |
3 | | Department of Public Health of any change to his or her |
4 | | designated registered dispensing organization. Registered |
5 | | dispensing organizations must comply with all requirements of |
6 | | this Act.
|
7 | | (f) If the registered qualifying patient's certifying |
8 | | physician notifies the Department in writing that either the |
9 | | registered qualifying patient has ceased to suffer from a |
10 | | debilitating medical condition, that the bona fide |
11 | | physician-patient relationship has terminated, or that |
12 | | continued use of medical
cannabis would result in |
13 | | contraindication with the patient's
other medication, the card |
14 | | shall become null and void. However, the registered qualifying |
15 | | patient shall have 15 days to destroy his or her remaining |
16 | | medical cannabis and related paraphernalia.
|
17 | | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.) |
18 | | (410 ILCS 130/130) |
19 | | (Section scheduled to be repealed on July 1, 2020)
|
20 | | Sec. 130. Requirements; prohibitions; penalties; |
21 | | dispensing organizations. |
22 | | (a) The Department of Financial and Professional |
23 | | Regulation shall implement the provisions of this Section by |
24 | | rule.
|
25 | | (b) A dispensing organization shall maintain operating |
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1 | | documents which shall include procedures for the oversight of |
2 | | the registered dispensing organization and procedures to |
3 | | ensure accurate recordkeeping.
|
4 | | (c) A dispensing organization shall implement appropriate |
5 | | security measures, as provided by rule, to deter and prevent |
6 | | the theft of cannabis and unauthorized entrance into areas |
7 | | containing cannabis.
|
8 | | (d) A dispensing organization may not be located within |
9 | | 1,000 feet of the property line of a pre-existing public or |
10 | | private preschool or elementary or secondary school or day care |
11 | | center, day care home, group day care home, or part day child |
12 | | care facility. A registered dispensing organization may not be |
13 | | located in a house, apartment, condominium, or an area zoned |
14 | | for residential use.
|
15 | | (e) A dispensing organization is prohibited from acquiring |
16 | | cannabis from anyone other than a registered cultivation |
17 | | center. A dispensing organization is prohibited from obtaining |
18 | | cannabis from outside the State of Illinois.
|
19 | | (f) A registered dispensing organization is prohibited |
20 | | from dispensing cannabis for any purpose except to assist |
21 | | registered qualifying patients with the medical use of cannabis |
22 | | directly or through the qualifying patients' designated |
23 | | caregivers.
|
24 | | (g) The area in a dispensing organization where medical |
25 | | cannabis is stored can only be accessed by dispensing |
26 | | organization agents working for the dispensing organization, |
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1 | | Department of Financial and Professional Regulation staff |
2 | | performing inspections, law enforcement or other emergency |
3 | | personnel, and contractors working on jobs unrelated to medical |
4 | | cannabis, such as installing or maintaining security devices or |
5 | | performing electrical wiring.
|
6 | | (h) A dispensing organization may not dispense more than |
7 | | 2.5 ounces of cannabis to a registered qualifying patient, |
8 | | directly or via a designated caregiver, in any 14-day period |
9 | | unless the qualifying patient has a Department of Public |
10 | | Health-approved quantity waiver.
|
11 | | (i) Except as provided in subsection (i-5), before Before |
12 | | medical cannabis may be dispensed to a designated caregiver or |
13 | | a registered qualifying patient, a dispensing organization |
14 | | agent must determine that the individual is a current |
15 | | cardholder in the verification system and must verify each of |
16 | | the following:
|
17 | | (1) that the registry identification card presented to |
18 | | the registered dispensing organization is valid;
|
19 | | (2) that the person presenting the card is the person |
20 | | identified on the registry identification card presented |
21 | | to the dispensing organization agent;
|
22 | | (3) that the dispensing organization is the designated |
23 | | dispensing organization for the registered qualifying |
24 | | patient who is obtaining the cannabis directly or via his |
25 | | or her designated caregiver; and
|
26 | | (4) that the registered qualifying patient has not |
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1 | | exceeded his or her adequate supply.
|
2 | | (i-5) A dispensing organization may dispense medical
|
3 | | cannabis to an Opioid Alternative Pilot Program participant |
4 | | under Section 62 and to a person presenting proof of |
5 | | provisional registration under Section 55. Before dispensing |
6 | | medical cannabis, the dispensing organization shall comply |
7 | | with the requirements of Section 62 or Section 55, whichever is |
8 | | applicable, and verify the following: |
9 | | (1) that the written certification presented to the |
10 | | registered dispensing organization is valid and an |
11 | | original document; |
12 | | (2) that the person presenting the written |
13 | | certification is the person identified on the written |
14 | | certification; and |
15 | | (3) that the participant has not exceeded his or her |
16 | | adequate supply. |
17 | | (j) Dispensing organizations shall ensure compliance with |
18 | | this limitation by maintaining internal, confidential records |
19 | | that include records specifying how much medical cannabis is |
20 | | dispensed to the registered qualifying patient and whether it |
21 | | was dispensed directly to the registered qualifying patient or |
22 | | to the designated caregiver. Each entry must include the date |
23 | | and time the cannabis was dispensed. Additional recordkeeping |
24 | | requirements may be set by rule.
|
25 | | (k) The physician-patient privilege as set forth by Section |
26 | | 8-802 of the Code of Civil Procedure shall apply between a |
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1 | | qualifying patient and a registered dispensing organization |
2 | | and its agents with respect to communications and records |
3 | | concerning qualifying patients' debilitating conditions.
|
4 | | (l) A dispensing organization may not permit any person to |
5 | | consume cannabis on the property of a medical cannabis |
6 | | organization.
|
7 | | (m) A dispensing organization may not share office space |
8 | | with or refer patients to a physician.
|
9 | | (n) Notwithstanding any other criminal penalties related |
10 | | to the unlawful possession of cannabis, the Department of |
11 | | Financial and Professional Regulation may revoke, suspend, |
12 | | place on probation, reprimand, refuse to issue or renew, or |
13 | | take any other disciplinary or non-disciplinary action as the |
14 | | Department of Financial and Professional Regulation may deem |
15 | | proper with regard to the registration of any person issued |
16 | | under this Act to operate a dispensing organization or act as a |
17 | | dispensing organization agent, including imposing fines not to |
18 | | exceed $10,000 for each violation, for any violations of this |
19 | | Act and rules adopted in accordance with this Act. The |
20 | | procedures for disciplining a registered dispensing |
21 | | organization shall be determined by rule. All final |
22 | | administrative decisions of the Department of Financial and |
23 | | Professional Regulation are subject to judicial review under |
24 | | the Administrative Review Law and its rules. The term |
25 | | "administrative decision" is defined as in Section 3-101 of the |
26 | | Code of Civil Procedure.
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1 | | (o) Dispensing organizations are subject to random |
2 | | inspection and cannabis testing by the Department of Financial |
3 | | and Professional Regulation and State Police as provided by |
4 | | rule.
|
5 | | (Source: P.A. 98-122, eff. 1-1-14 .) |
6 | | (410 ILCS 130/160) |
7 | | (Section scheduled to be repealed on July 1, 2020)
|
8 | | Sec. 160. Annual reports. (a) The Department of Public |
9 | | Health shall submit to the General Assembly a report, by |
10 | | September 30 of each year, that does not disclose any |
11 | | identifying information about registered qualifying patients, |
12 | | registered caregivers, or physicians, but does contain, at a |
13 | | minimum, all of the following information based on the fiscal |
14 | | year for reporting purposes:
|
15 | | (1) the number of applications and renewals filed for |
16 | | registry identification cards or registrations;
|
17 | | (2) the number of qualifying patients and designated |
18 | | caregivers served by each dispensary during the report |
19 | | year;
|
20 | | (3) the nature of the debilitating medical conditions |
21 | | of the qualifying patients;
|
22 | | (4) the number of registry identification cards or |
23 | | registrations revoked for misconduct;
|
24 | | (5) the number of physicians providing written |
25 | | certifications for qualifying patients; and
|