SB0336ham002 100TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 5/29/2018

 

 


 

 


 
10000SB0336ham002LRB100 05118 MJP 41046 a

1
AMENDMENT TO SENATE BILL 336

2    AMENDMENT NO. ______. Amend Senate Bill 336 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be referred to as the
5Alternatives to Opioids Act of 2018.
 
6    Section 10. The Illinois Procurement Code is amended by
7changing Section 1-10 as follows:
 
8    (30 ILCS 500/1-10)
9    Sec. 1-10. Application.
10    (a) This Code applies only to procurements for which
11bidders, offerors, potential contractors, or contractors were
12first solicited on or after July 1, 1998. This Code shall not
13be construed to affect or impair any contract, or any provision
14of a contract, entered into based on a solicitation prior to
15the implementation date of this Code as described in Article

 

 

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199, including but not limited to any covenant entered into with
2respect to any revenue bonds or similar instruments. All
3procurements for which contracts are solicited between the
4effective date of Articles 50 and 99 and July 1, 1998 shall be
5substantially in accordance with this Code and its intent.
6    (b) This Code shall apply regardless of the source of the
7funds with which the contracts are paid, including federal
8assistance moneys. This Code shall not apply to:
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.
13        (2) Grants, except for the filing requirements of
14    Section 20-80.
15        (3) Purchase of care, except as provided in Section
16    5-30.6 of the Illinois Public Aid Code and this Section.
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.
21        (5) Collective bargaining contracts.
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.
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.
13        (8) (Blank).
14        (9) Procurement expenditures by the Illinois
15    Conservation Foundation when only private funds are used.
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
6entered into on or after October 1, 2017 under an exemption
7provided in any paragraph of this subsection (b), except
8paragraph (1), (2), or (5), each State agency shall post to the
9appropriate procurement bulletin the name of the contractor, a
10description of the supply or service provided, the total amount
11of the contract, the term of the contract, and the exception to
12the Code utilized. The chief procurement officer shall submit a
13report to the Governor and General Assembly no later than
14November 1 of each year that shall include, at a minimum, an
15annual summary of the monthly information reported to the chief
16procurement officer.
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act.
21    (d) Except for Section 20-160 and Article 50 of this Code,
22and as expressly required by Section 9.1 of the Illinois
23Lottery Law, the provisions of this Code do not apply to the
24procurement process provided for under Section 9.1 of the
25Illinois Lottery Law.
26    (e) This Code does not apply to the process used by the

 

 

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1Capital Development Board to retain a person or entity to
2assist the Capital Development Board with its duties related to
3the determination of costs of a clean coal SNG brownfield
4facility, as defined by Section 1-10 of the Illinois Power
5Agency Act, as required in subsection (h-3) of Section 9-220 of
6the Public Utilities Act, including calculating the range of
7capital costs, the range of operating and maintenance costs, or
8the sequestration costs or monitoring the construction of clean
9coal SNG brownfield facility for the full duration of
10construction.
11    (f) (Blank).
12    (g) (Blank).
13    (h) This Code does not apply to the process to procure or
14contracts entered into in accordance with Sections 11-5.2 and
1511-5.3 of the Illinois Public Aid Code.
16    (i) Each chief procurement officer may access records
17necessary to review whether a contract, purchase, or other
18expenditure is or is not subject to the provisions of this
19Code, unless such records would be subject to attorney-client
20privilege.
21    (j) This Code does not apply to the process used by the
22Capital Development Board to retain an artist or work or works
23of art as required in Section 14 of the Capital Development
24Board Act.
25    (k) This Code does not apply to the process to procure
26contracts, or contracts entered into, by the State Board of

 

 

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1Elections or the State Electoral Board for hearing officers
2appointed pursuant to the Election Code.
3    (l) This Code does not apply to the processes used by the
4Illinois Student Assistance Commission to procure supplies and
5services paid for from the private funds of the Illinois
6Prepaid Tuition Fund. As used in this subsection (l), "private
7funds" means funds derived from deposits paid into the Illinois
8Prepaid Tuition Trust Fund and the earnings thereon.
9(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
10100-580, eff. 3-12-18.)
 
11    Section 15. The Compassionate Use of Medical Cannabis Pilot
12Program Act is amended by changing Sections 5, 7, 10, 35, 55,
1360, 65, 75, 130, and 160 and by adding Sections 36 and 62 as
14follows:
 
15    (410 ILCS 130/5)
16    (Section scheduled to be repealed on July 1, 2020)
17    Sec. 5. Findings.
18    (a) The recorded use of cannabis as a medicine goes back
19nearly 5,000 years. Modern medical research has confirmed the
20beneficial uses of cannabis in treating or alleviating the
21pain, nausea, and other symptoms associated with a variety of
22debilitating medical conditions, including cancer, multiple
23sclerosis, and HIV/AIDS, as found by the National Academy of
24Sciences' Institute of Medicine in March 1999.

 

 

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1    (b) Studies published since the 1999 Institute of Medicine
2report continue to show the therapeutic value of cannabis in
3treating a wide array of debilitating medical conditions. These
4include relief of the neuropathic pain caused by multiple
5sclerosis, HIV/AIDS, and other illnesses that often fail to
6respond to conventional treatments and relief of nausea,
7vomiting, and other side effects of drugs used to treat
8HIV/AIDS and hepatitis C, increasing the chances of patients
9continuing on life-saving treatment regimens.
10    (c) Cannabis has many currently accepted medical uses in
11the United States, having been recommended by thousands of
12licensed physicians to at least 600,000 patients in states with
13medical cannabis laws. The medical utility of cannabis is
14recognized by a wide range of medical and public health
15organizations, including the American Academy of HIV Medicine,
16the American College of Physicians, the American Nurses
17Association, the American Public Health Association, the
18Leukemia & Lymphoma Society, and many others.
19    (d) Data from the Federal Bureau of Investigation's Uniform
20Crime Reports and the Compendium of Federal Justice Statistics
21show that approximately 99 out of every 100 cannabis arrests in
22the U.S. are made under state law, rather than under federal
23law. Consequently, changing State law will have the practical
24effect of protecting from arrest the vast majority of seriously
25ill patients who have a medical need to use cannabis.
26    (d-5) In 2014, the Task Force on Veterans' Suicide was

 

 

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1created by the Illinois General Assembly to gather data on
2veterans' suicide prevention. Data from a U.S. Department of
3Veterans Affairs study indicates that 22 veterans commit
4suicide each day.
5    (d-10) According to the State of Illinois Opioid Action
6Plan released in September 2017, "The opioid epidemic is the
7most significant public health and public safety crisis facing
8Illinois". According to the Action Plan, "Fueled by the growing
9opioid epidemic, drug overdoses have now become the leading
10cause of death nationwide for people under the age of 50. In
11Illinois, opioid overdoses have killed nearly 11,000 people
12since 2008. Just last year, nearly 1,900 people died of
13overdoses—almost twice the number of fatal car accidents.
14Beyond these deaths are thousands of emergency department
15visits, hospital stays, as well as the pain suffered by
16individuals, families, and communities".
17    According to the Action Plan, "At the current rate, the
18opioid epidemic will claim the lives of more than 2,700
19Illinoisans in 2020".
20    Further, the Action Plan states, "Physical tolerance to
21opioids can begin to develop as early as two to three days
22following the continuous use of opioids, which is a large
23factor that contributes to their addictive potential".
24    The 2017 State of Illinois Opioid Action Plan also states,
25"The increase in OUD [opioid use disorder] and opioid overdose
26deaths is largely due to the dramatic rise in the rate and

 

 

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1amount of opioids prescribed for pain over the past decades".
2    Further, according to the Action Plan, "In the absence of
3alternative treatments, reducing the supply of prescription
4opioids too abruptly may drive more people to switch to using
5illicit drugs (including heroin), thus increasing the risk of
6overdose".
7    (e) Alaska, Arizona, California, Colorado, Connecticut,
8Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
9Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
10Washington, and Washington, D.C. have removed state-level
11criminal penalties from the medical use and cultivation of
12cannabis. Illinois joins in this effort for the health and
13welfare of its citizens.
14    (f) States are not required to enforce federal law or
15prosecute people for engaging in activities prohibited by
16federal law. Therefore, compliance with this Act does not put
17the State of Illinois in violation of federal law.
18    (g) State law should make a distinction between the medical
19and non-medical uses of cannabis. Hence, the purpose of this
20Act is to protect patients with debilitating medical
21conditions, as well as their physicians and providers, from
22arrest and prosecution, criminal and other penalties, and
23property forfeiture if the patients engage in the medical use
24of cannabis.
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
4of this Act and to clarify the legislative findings on the
5lawful 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.
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)
3    Sec. 10. Definitions. The following terms, as used in this
4Act, shall have the meanings set forth in this Section:
5    (a) "Adequate supply" means:
6        (1) 2.5 ounces of usable cannabis during a period of 14
7    days and that is derived solely from an intrastate source.
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.
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.
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
25of the Cannabis Control Act.
26    (c) "Cannabis plant monitoring system" means a system that

 

 

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1includes, but is not limited to, testing and data collection
2established and maintained by the registered cultivation
3center and available to the Department for the purposes of
4documenting each cannabis plant and for monitoring plant
5development throughout the life cycle of a cannabis plant
6cultivated for the intended use by a qualifying patient from
7seed planting to final packaging.
8    (d) "Cardholder" means a qualifying patient or a designated
9caregiver who has been issued and possesses a valid registry
10identification card by the Department of Public Health.
11    (e) "Cultivation center" means a facility operated by an
12organization or business that is registered by the Department
13of Agriculture to perform necessary activities to provide only
14registered medical cannabis dispensing organizations with
15usable medical cannabis.
16    (f) "Cultivation center agent" means a principal officer,
17board member, employee, or agent of a registered cultivation
18center who is 21 years of age or older and has not been
19convicted of an excluded offense.
20    (g) "Cultivation center agent identification card" means a
21document issued by the Department of Agriculture that
22identifies a person as a cultivation center agent.
23    (h) "Debilitating medical condition" means one or more of
24the 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;
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
3least 21 years of age; (2) has agreed to assist with a
4patient's medical use of cannabis; (3) has not been convicted
5of an excluded offense; and (4) assists no more than one
6registered qualifying patient with his or her medical use of
7cannabis.
8    (j) "Dispensing organization agent identification card"
9means a document issued by the Department of Financial and
10Professional Regulation that identifies a person as a medical
11cannabis dispensing organization agent.
12    (k) "Enclosed, locked facility" means a room, greenhouse,
13building, or other enclosed area equipped with locks or other
14security devices that permit access only by a cultivation
15center's agents or a dispensing organization's agent working
16for the registered cultivation center or the registered
17dispensing organization to cultivate, store, and distribute
18cannabis for registered qualifying patients.
19    (l) "Excluded offense" for cultivation center agents and
20dispensing 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
12Health shall determine by emergency rule within 30 days after
13the effective date of this amendatory Act of the 99th General
14Assembly what constitutes a "reasonable amount".
15    (l-5) (Blank). "Excluded offense" for a qualifying patient
16or designated caregiver means a violation of state or federal
17controlled substance law, the Cannabis Control Act, or the
18Methamphetamine and Community Protection Act that was
19classified as a felony in the jurisdiction where the person was
20convicted, except that the registering Department may waive
21this restriction if the person demonstrates to the registering
22Department's satisfaction that his or her conviction was for
23the possession, cultivation, transfer, or delivery of a
24reasonable amount of cannabis intended for medical use. This
25exception does not apply if the conviction was under state law
26and involved a violation of an existing medical cannabis law.

 

 

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1For purposes of this subsection, the Department of Public
2Health shall determine by emergency rule within 30 days after
3the effective date of this amendatory Act of the 99th General
4Assembly what constitutes a "reasonable amount".
5    (l-10) "Illinois Cannabis Tracking System" means a
6web-based system established and maintained by the Department
7of Public Health that is available to the Department of
8Agriculture, the Department of Financial and Professional
9Regulation, the Illinois State Police, and registered medical
10cannabis dispensing organizations on a 24-hour basis to upload
11written certifications for Opioid Alternative Pilot Program
12participants, to verify Opioid Alternative Pilot Program
13participants, to verify Opioid Alternative Pilot Program
14participants' available cannabis allotment and assigned
15dispensary, and the tracking of the date of sale, amount, and
16price of medical cannabis purchased by an Opioid Alternative
17Pilot Program participant.
18    (m) "Medical cannabis cultivation center registration"
19means a registration issued by the Department of Agriculture.
20    (n) "Medical cannabis container" means a sealed,
21traceable, food compliant, tamper resistant, tamper evident
22container, or package used for the purpose of containment of
23medical cannabis from a cultivation center to a dispensing
24organization.
25    (o) "Medical cannabis dispensing organization", or
26"dispensing organization", or "dispensary organization" means

 

 

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1a facility operated by an organization or business that is
2registered by the Department of Financial and Professional
3Regulation to acquire medical cannabis from a registered
4cultivation center for the purpose of dispensing cannabis,
5paraphernalia, or related supplies and educational materials
6to registered qualifying patients, individuals with a
7provisional registration for qualifying patient cardholder
8status, or an Opioid Alternative Pilot Program participant.
9    (p) "Medical cannabis dispensing organization agent" or
10"dispensing organization agent" means a principal officer,
11board member, employee, or agent of a registered medical
12cannabis dispensing organization who is 21 years of age or
13older and has not been convicted of an excluded offense.
14    (q) "Medical cannabis infused product" means food, oils,
15ointments, or other products containing usable cannabis that
16are not smoked.
17    (r) "Medical use" means the acquisition; administration;
18delivery; possession; transfer; transportation; or use of
19cannabis to treat or alleviate a registered qualifying
20patient's debilitating medical condition or symptoms
21associated with the patient's debilitating medical condition.
22    (r-5) "Opioid" means a narcotic drug or substance that is a
23Schedule II controlled substance under paragraph (1), (2), (3),
24or (5) of subsection (b) or under subsection (c) of Section 206
25of the Illinois Controlled Substances Act.
26    (r-10) "Opioid Alternative Pilot Program participant"

 

 

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1means an individual who has received a valid written
2certification to participate in the Opioid Alternative Pilot
3Program for a medical condition for which an opioid has been or
4could be prescribed by a physician based on generally accepted
5standards of care.
6    (s) "Physician" means a doctor of medicine or doctor of
7osteopathy licensed under the Medical Practice Act of 1987 to
8practice medicine and who has a controlled substances license
9under Article III of the Illinois Controlled Substances Act. It
10does not include a licensed practitioner under any other Act
11including but not limited to the Illinois Dental Practice Act.
12    (s-5) "Provisional registration" means a document issued
13by the Department of Public Health to a qualifying patient who
14has submitted: (1) an online application and paid a fee to
15participate in Compassionate Use of Medical Cannabis Pilot
16Program pending approval or denial of the patient's
17application; or (2) a completed application for terminal
18illness.
19    (t) "Qualifying patient" means a person who has been
20diagnosed by a physician as having a debilitating medical
21condition.
22    (u) "Registered" means licensed, permitted, or otherwise
23certified by the Department of Agriculture, Department of
24Public Health, or Department of Financial and Professional
25Regulation.
26    (v) "Registry identification card" means a document issued

 

 

10000SB0336ham002- 21 -LRB100 05118 MJP 41046 a

1by the Department of Public Health that identifies a person as
2a registered qualifying patient or registered designated
3caregiver.
4    (w) "Usable cannabis" means the seeds, leaves, buds, and
5flowers of the cannabis plant and any mixture or preparation
6thereof, but does not include the stalks, and roots of the
7plant. It does not include the weight of any non-cannabis
8ingredients combined with cannabis, such as ingredients added
9to prepare a topical administration, food, or drink.
10    (x) "Verification system" means a Web-based system
11established and maintained by the Department of Public Health
12that is available to the Department of Agriculture, the
13Department of Financial and Professional Regulation, law
14enforcement personnel, and registered medical cannabis
15dispensing organization agents on a 24-hour basis for the
16verification of registry identification cards, the tracking of
17delivery of medical cannabis to medical cannabis dispensing
18organizations, and the tracking of the date of sale, amount,
19and price of medical cannabis purchased by a registered
20qualifying patient.
21    (y) "Written certification" means a document dated and
22signed by a physician, stating (1) that the qualifying patient
23has a debilitating medical condition and specifying the
24debilitating medical condition the qualifying patient has; and
25(2) that (A) the physician is treating or managing treatment of
26the patient's debilitating medical condition; or (B) an Opioid

 

 

10000SB0336ham002- 22 -LRB100 05118 MJP 41046 a

1Alternative Pilot Program participant has a medical condition
2for which opioids have been or could be prescribed. A written
3certification shall be made only in the course of a bona fide
4physician-patient relationship, after the physician has
5completed an assessment of either a the qualifying patient's
6medical history or Opioid Alternative Pilot Program
7participant, reviewed relevant records related to the
8patient's debilitating condition, and conducted a physical
9examination.
10    (z) "Bona fide physician-patient relationship" means a
11relationship established at a hospital, physician's office, or
12other health care facility in which the physician has an
13ongoing responsibility for the assessment, care, and treatment
14of a patient's debilitating medical condition or a symptom of
15the patient's debilitating medical condition.
16    A veteran who has received treatment at a VA hospital shall
17be deemed to have a bona fide physician-patient relationship
18with a VA physician if the patient has been seen for his or her
19debilitating medical condition at the VA Hospital in accordance
20with VA Hospital protocols.
21    A bona fide physician-patient relationship under this
22subsection is a privileged communication within the meaning of
23Section 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,
25eff. 6-30-16.)
 

 

 

10000SB0336ham002- 23 -LRB100 05118 MJP 41046 a

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
5condition for a qualifying patient shall comply with all of the
6following 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,

 

 

10000SB0336ham002- 24 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 25 -LRB100 05118 MJP 41046 a

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
5cause refer a physician, who has certified a debilitating
6medical condition of a patient, to the Illinois Department of
7Financial and Professional Regulation for potential violations
8of this Section.
9    (d) Any violation of this Section or any other provision of
10this Act or rules adopted under this Act is a violation of the
11Medical Practice Act of 1987.
12    (e) A physician who certifies a debilitating medical
13condition for a qualifying patient may notify the Department of
14Public Health in writing: (1) if the physician has reason to
15believe either that the registered qualifying patient has
16ceased to suffer from a debilitating medical condition; (2)
17that the bona fide physician-patient relationship has
18terminated; or (3) that continued use of medical cannabis would
19result in contraindication with the patient's other
20medication. The registered qualifying patient's registry
21identification card shall be revoked by the Department of
22Public Health after receiving the physician's notification.
23(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
2499-519, eff. 6-30-16.)
 
25    (410 ILCS 130/36 new)

 

 

10000SB0336ham002- 26 -LRB100 05118 MJP 41046 a

1    Sec. 36. Written certification.
2    (a) A certification confirming a patient's debilitating
3medical condition shall be written on a form provided by the
4Department of Public Health and shall include, at a minimum,
5the 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

 

 

10000SB0336ham002- 27 -LRB100 05118 MJP 41046 a

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
6prescription for medical cannabis.
7    (c) Applications for qualifying patients under 18 years old
8shall require a written certification from a physician and a
9reviewing physician.
10    (d) A certification confirming the patient's eligibility
11to participate in the Opioid Alternative Pilot Program shall be
12written on a form provided by the Department of Public Health
13and 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

 

 

10000SB0336ham002- 28 -LRB100 05118 MJP 41046 a

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
9certification form for subsections (a) and (d) of this Section,
10provided that all requirements of those subsections are
11included on the form.
12    (f) The Department of Public Health shall not include the
13word "cannabis" on any application forms or written
14certification forms that it issues under this Section.
15    (g) A written certification does not constitute a
16prescription.
17    (h) It is unlawful for any person to knowingly submit a
18fraudulent certification to be a qualifying patient in the
19Compassionate Use of Medical Cannabis Pilot Program or an
20Opioid Alternative Pilot Program participant. A violation of
21this subsection shall result in the person who has knowingly
22submitted the fraudulent certification being permanently
23banned from participating in the Compassionate Use of Medical
24Cannabis Pilot Program or the Opioid Alternative Pilot Program.
 
25    (410 ILCS 130/55)

 

 

10000SB0336ham002- 29 -LRB100 05118 MJP 41046 a

1    (Section scheduled to be repealed on July 1, 2020)
2    Sec. 55. Registration of qualifying patients and
3designated caregivers.
4    (a) The Department of Public Health shall issue registry
5identification cards to qualifying patients and designated
6caregivers who submit a completed application, and at minimum,
7the following, in accordance with Department of Public Health
8rules:
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

 

 

10000SB0336ham002- 30 -LRB100 05118 MJP 41046 a

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
13person provided a written certification for a debilitating
14medical condition who has submitted a completed online
15application to the Department of Public Health shall receive a
16provisional registration and be entitled to purchase medical
17cannabis from a specified licensed dispensing organization for
18a period of 90 days or until his or her application has been
19denied or he or she receives a registry identification card,
20whichever is earlier. However, a person may obtain an
21additional provisional registration after the expiration of 90
22days after the date of application if the Department of Public
23Health does not provide the individual with a registry
24identification card or deny the individual's application
25within those 90 days.
26    The provisional registration may not be extended if the

 

 

10000SB0336ham002- 31 -LRB100 05118 MJP 41046 a

1individual does not respond to the Department of Public
2Health's request for additional information or corrections to
3required application documentation.
4    In order for a person to receive medical cannabis under
5this subsection, a person must present his or her provisional
6registration along with a valid driver's license or State
7identification card to the licensed dispensing organization
8specified in his or her application. The dispensing
9organization shall verify the person's provisional
10registration through the Department of Public Health's online
11verification system.
12    Upon verification of the provided documents, the
13dispensing organization shall dispense no more than 2.5 ounces
14of medical cannabis during a 14-day period to the person for a
15period of 90 days, until his or her application has been
16denied, or until he or she receives a registry identification
17card from the Department of Public Health, whichever is
18earlier.
19    Persons with provisional registrations must keep their
20provisional registration in his or her possession at all times
21when transporting or engaging in the medical use of cannabis.
22    (c) No person or business shall charge a fee for assistance
23in the preparation, compilation, or submission of an
24application to the Compassionate Use of Medical Cannabis Pilot
25Program or the Opioid Alternative Pilot Program. A violation of
26this subsection is a Class C misdemeanor, for which restitution

 

 

10000SB0336ham002- 32 -LRB100 05118 MJP 41046 a

1to the applicant and a fine of up to $1,500 may be imposed. All
2fines shall be deposited into the Compassionate Use of Medical
3Cannabis Fund after restitution has been made to the applicant.
4The Department of Public Health shall refer individuals making
5complaints against a person or business under this Section to
6the Illinois State Police, who shall enforce violations of this
7provision. All application forms issued by the Department shall
8state that no person or business may charge a fee for
9assistance in the preparation, compilation, or submission of an
10application to the Compassionate Use of Medical Cannabis Pilot
11Program or the Opioid Alternative Pilot Program.
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    (410 ILCS 130/60)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 60. Issuance of registry identification cards.
16    (a) Except as provided in subsection (b), the Department of
17Public Health shall:
18        (1) verify the information contained in an application
19    or renewal for a registry identification card submitted
20    under this Act, and approve or deny an application or
21    renewal, within 90 30 days of receiving a completed
22    application or renewal application and all supporting
23    documentation specified in Section 55;
24        (2) issue registry identification cards to a
25    qualifying patient and his or her designated caregiver, if

 

 

10000SB0336ham002- 33 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 34 -LRB100 05118 MJP 41046 a

1debilitating medical condition at the VA hospital in accordance
2with VA hospital protocols. All reasonable inferences
3regarding the existence of a bona fide physician-patient
4relationship shall be drawn in favor of an applicant who is a
5veteran and has undergone treatment at a VA hospital.
6    (c-10) An individual who submits an application as someone
7who is terminally ill shall have all fees and fingerprinting
8requirements waived. The Department of Public Health shall
9within 30 days after this amendatory Act of the 99th General
10Assembly adopt emergency rules to expedite approval for
11terminally ill individuals. These rules shall include, but not
12be limited to, rules that provide that applications by
13individuals with terminal illnesses shall be approved or denied
14within 14 days of their submission.
15    (d) Upon the approval of the registration and issuance of a
16registry card under this Section, the Department of Public
17Health shall forward the designated caregiver or registered
18qualified patient's driver's registration number to the
19Secretary of State and certify that the individual is permitted
20to engage in the medical use of cannabis. For the purposes of
21law enforcement, the Secretary of State shall make a notation
22on the person's driving record stating the person is a
23registered qualifying patient who is entitled to the lawful
24medical use of cannabis. If the person no longer holds a valid
25registry card, the Department shall notify the Secretary of
26State and the Secretary of State shall remove the notation from

 

 

10000SB0336ham002- 35 -LRB100 05118 MJP 41046 a

1the person's driving record. The Department and the Secretary
2of State may establish a system by which the information may be
3shared electronically.
4    (e) Upon the approval of the registration and issuance of a
5registry card under this Section, the Department of Public
6Health shall electronically forward the registered qualifying
7patient's identification card information to the Prescription
8Monitoring Program established under the Illinois Controlled
9Substances Act and certify that the individual is permitted to
10engage in the medical use of cannabis. For the purposes of
11patient care, the Prescription Monitoring Program shall make a
12notation on the person's prescription record stating that the
13person is a registered qualifying patient who is entitled to
14the lawful medical use of cannabis. If the person no longer
15holds a valid registry card, the Department of Public Health
16shall notify the Prescription Monitoring Program and
17Department of Human Services to remove the notation from the
18person's record. The Department of Human Services and the
19Prescription Monitoring Program shall establish a system by
20which the information may be shared electronically. This
21confidential list may not be combined or linked in any manner
22with any other list or database except as provided in this
23Section.
24    (f) (Blank). All applicants for a registry card shall be
25fingerprinted as part of the application process if they are a
26first-time applicant, if their registry card has already

 

 

10000SB0336ham002- 36 -LRB100 05118 MJP 41046 a

1expired, or if they previously have had their registry card
2revoked or otherwise denied. At renewal, cardholders whose
3registry cards have not yet expired, been revoked, or otherwise
4denied shall not be subject to fingerprinting. Registry cards
5shall be revoked by the Department of Public Health if the
6Department of Public Health is notified by the Secretary of
7State that a cardholder has been convicted of an excluded
8offense. For purposes of enforcing this subsection, the
9Department of Public Health and Secretary of State shall
10establish a system by which violations reported to the
11Secretary of State under paragraph 18 of subsection (a) of
12Section 6-205 of the Illinois Vehicle Code shall be shared with
13the Department of Public Health.
14(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
15eff. 6-30-16.)
 
16    (410 ILCS 130/62 new)
17    Sec. 62. Opioid Alternative Pilot Program.
18    (a) The Department of Public Health shall establish the
19Opioid Alternative Pilot Program. Licensed dispensing
20organizations shall allow persons with a written certification
21from a licensed physician under Section 36 to purchase medical
22cannabis upon enrollment in the Opioid Alternative Pilot
23Program. For a person to receive medical cannabis under this
24Section, the person must present the written certification
25along with a valid driver's license or state identification

 

 

10000SB0336ham002- 37 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 38 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 39 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 40 -LRB100 05118 MJP 41046 a

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

 

 

10000SB0336ham002- 41 -LRB100 05118 MJP 41046 a

1the Department of Agriculture, the Department of Human
2Services, the Department of Public Health, and the Illinois
3State Police shall utilize emergency purchase authority for 12
4months after the effective date of this amendatory Act of the
5100th General Assembly for the purpose of implementing the
6changes made by this amendatory Act of the 100th General
7Assembly.
8    (i) Dispensing organizations are not authorized to
9dispense medical cannabis to Opioid Alternative Pilot Program
10participants until administrative rules are approved by the
11Joint Committee on Administrative Rules and go into effect.
12    (j) The provisions of this Section are inoperative on and
13after July 1, 2020.
 
14    (410 ILCS 130/65)
15    (Section scheduled to be repealed on July 1, 2020)
16    Sec. 65. Denial of registry identification cards.
17    (a) The Department of Public Health may deny an application
18or renewal of a qualifying patient's registry identification
19card only if the applicant:
20        (1) did not provide the required information and
21    materials;
22        (2) previously had a registry identification card
23    revoked;
24        (3) did not meet the requirements of this Act; or
25        (4) provided false or falsified information; or .

 

 

10000SB0336ham002- 42 -LRB100 05118 MJP 41046 a

1        (5) violated any requirement of this Act.
2    (b) (Blank). Except as provided in subsection (b-5) of this
3Section, no person who has been convicted of a felony under the
4Illinois Controlled Substances Act, Cannabis Control Act, or
5Methamphetamine Control and Community Protection Act, or
6similar provision in a local ordinance or other jurisdiction is
7eligible to receive a registry identification card.
8    (b-5) (Blank). If a person was convicted of a felony under
9the Cannabis Control Act or a similar provision of a local
10ordinance or of a law of another jurisdiction, and the action
11warranting that felony is no longer considered a felony after
12the effective date of this amendatory Act of the 99th General
13Assembly, that person shall be eligible to receive a registry
14identification card.
15    (c) The Department of Public Health may deny an application
16or renewal for a designated caregiver chosen by a qualifying
17patient whose registry identification card was granted only if:
18        (1) the designated caregiver does not meet the
19    requirements of subsection (i) of Section 10;
20        (2) the applicant did not provide the information
21    required;
22        (3) the prospective patient's application was denied;
23        (4) the designated caregiver previously had a registry
24    identification card revoked; or
25        (5) the applicant or the designated caregiver provided
26    false or falsified information; or .

 

 

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1        (6) violated any requirement of this Act.
2    (d) (Blank). The Department of Public Health through the
3Department of State Police shall conduct a background check of
4the prospective qualifying patient and designated caregiver in
5order to carry out this Section. The Department of State Police
6shall charge a fee for conducting the criminal history record
7check, which shall be deposited in the State Police Services
8Fund and shall not exceed the actual cost of the record check.
9Each person applying as a qualifying patient or a designated
10caregiver shall submit a full set of fingerprints to the
11Department of State Police for the purpose of obtaining a State
12and federal criminal records check. These fingerprints shall be
13checked against the fingerprint records now and hereafter, to
14the extent allowed by law, filed in the Department of State
15Police and Federal Bureau of Investigation criminal history
16records databases. The Department of State Police shall
17furnish, following positive identification, all Illinois
18conviction information to the Department of Public Health. The
19Department of Public Health may waive the submission of a
20qualifying patient's complete fingerprints based on (1) the
21severity of the patient's illness and (2) the inability of the
22qualifying patient to supply those fingerprints, provided that
23a complete criminal background check is conducted by the
24Department of State Police prior to the issuance of a registry
25identification card.
26    (e) The Department of Public Health shall notify the

 

 

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1qualifying patient who has designated someone to serve as his
2or her designated caregiver if a registry identification card
3will not be issued to the designated caregiver.
4    (f) Denial of an application or renewal is considered a
5final Department action, subject to judicial review.
6Jurisdiction and venue for judicial review are vested in the
7Circuit Court.
8(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
999-697, eff. 7-29-16.)
 
10    (410 ILCS 130/75)
11    (Section scheduled to be repealed on July 1, 2020)
12    Sec. 75. Notifications to Department of Public Health and
13responses; civil penalty.
14    (a) The following notifications and Department of Public
15Health responses are required:
16        (1) A registered qualifying patient shall notify the
17    Department of Public Health of any change in his or her
18    name or address, or if the registered qualifying patient
19    ceases to have his or her debilitating medical condition,
20    within 10 days of the change.
21        (2) A registered designated caregiver shall notify the
22    Department of Public Health of any change in his or her
23    name or address, or if the designated caregiver becomes
24    aware the registered qualifying patient passed away,
25    within 10 days of the change.

 

 

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

 

 

10000SB0336ham002- 46 -LRB100 05118 MJP 41046 a

1Department of Public Health that is required by this Section is
2subject to a civil infraction, punishable by a penalty of no
3more than $150.
4    (e) A registered qualifying patient shall notify the
5Department of Public Health of any change to his or her
6designated registered dispensing organization. Registered
7dispensing organizations must comply with all requirements of
8this Act.
9    (f) If the registered qualifying patient's certifying
10physician notifies the Department in writing that either the
11registered qualifying patient has ceased to suffer from a
12debilitating medical condition, that the bona fide
13physician-patient relationship has terminated, or that
14continued use of medical cannabis would result in
15contraindication with the patient's other medication, the card
16shall become null and void. However, the registered qualifying
17patient shall have 15 days to destroy his or her remaining
18medical cannabis and related paraphernalia.
19(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
20    (410 ILCS 130/130)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 130. Requirements; prohibitions; penalties;
23dispensing organizations.
24    (a) The Department of Financial and Professional
25Regulation shall implement the provisions of this Section by

 

 

10000SB0336ham002- 47 -LRB100 05118 MJP 41046 a

1rule.
2    (b) A dispensing organization shall maintain operating
3documents which shall include procedures for the oversight of
4the registered dispensing organization and procedures to
5ensure accurate recordkeeping.
6    (c) A dispensing organization shall implement appropriate
7security measures, as provided by rule, to deter and prevent
8the theft of cannabis and unauthorized entrance into areas
9containing cannabis.
10    (d) A dispensing organization may not be located within
111,000 feet of the property line of a pre-existing public or
12private preschool or elementary or secondary school or day care
13center, day care home, group day care home, or part day child
14care facility. A registered dispensing organization may not be
15located in a house, apartment, condominium, or an area zoned
16for residential use.
17    (e) A dispensing organization is prohibited from acquiring
18cannabis from anyone other than a registered cultivation
19center. A dispensing organization is prohibited from obtaining
20cannabis from outside the State of Illinois.
21    (f) A registered dispensing organization is prohibited
22from dispensing cannabis for any purpose except to assist
23registered qualifying patients with the medical use of cannabis
24directly or through the qualifying patients' designated
25caregivers.
26    (g) The area in a dispensing organization where medical

 

 

10000SB0336ham002- 48 -LRB100 05118 MJP 41046 a

1cannabis is stored can only be accessed by dispensing
2organization agents working for the dispensing organization,
3Department of Financial and Professional Regulation staff
4performing inspections, law enforcement or other emergency
5personnel, and contractors working on jobs unrelated to medical
6cannabis, such as installing or maintaining security devices or
7performing electrical wiring.
8    (h) A dispensing organization may not dispense more than
92.5 ounces of cannabis to a registered qualifying patient,
10directly or via a designated caregiver, in any 14-day period
11unless the qualifying patient has a Department of Public
12Health-approved quantity waiver.
13    (i) Except as provided in subsection (i-5), before Before
14medical cannabis may be dispensed to a designated caregiver or
15a registered qualifying patient, a dispensing organization
16agent must determine that the individual is a current
17cardholder in the verification system and must verify each of
18the following:
19        (1) that the registry identification card presented to
20    the registered dispensing organization is valid;
21        (2) that the person presenting the card is the person
22    identified on the registry identification card presented
23    to the dispensing organization agent;
24        (3) that the dispensing organization is the designated
25    dispensing organization for the registered qualifying
26    patient who is obtaining the cannabis directly or via his

 

 

10000SB0336ham002- 49 -LRB100 05118 MJP 41046 a

1    or her designated caregiver; and
2        (4) that the registered qualifying patient has not
3    exceeded his or her adequate supply.
4    (i-5) A dispensing organization may dispense medical
5cannabis to an Opioid Alternative Pilot Program participant
6under Section 62 and to a person presenting proof of
7provisional registration under Section 55. Before dispensing
8medical cannabis, the dispensing organization shall comply
9with the requirements of Section 62 or Section 55, whichever is
10applicable, and verify the following:
11        (1) that the written certification presented to the
12    registered dispensing organization is valid and an
13    original document;
14        (2) that the person presenting the written
15    certification is the person identified on the written
16    certification; and
17        (3) that the participant has not exceeded his or her
18    adequate supply.
19    (j) Dispensing organizations shall ensure compliance with
20this limitation by maintaining internal, confidential records
21that include records specifying how much medical cannabis is
22dispensed to the registered qualifying patient and whether it
23was dispensed directly to the registered qualifying patient or
24to the designated caregiver. Each entry must include the date
25and time the cannabis was dispensed. Additional recordkeeping
26requirements may be set by rule.

 

 

10000SB0336ham002- 50 -LRB100 05118 MJP 41046 a

1    (k) The physician-patient privilege as set forth by Section
28-802 of the Code of Civil Procedure shall apply between a
3qualifying patient and a registered dispensing organization
4and its agents with respect to communications and records
5concerning qualifying patients' debilitating conditions.
6    (l) A dispensing organization may not permit any person to
7consume cannabis on the property of a medical cannabis
8organization.
9    (m) A dispensing organization may not share office space
10with or refer patients to a physician.
11    (n) Notwithstanding any other criminal penalties related
12to the unlawful possession of cannabis, the Department of
13Financial and Professional Regulation may revoke, suspend,
14place on probation, reprimand, refuse to issue or renew, or
15take any other disciplinary or non-disciplinary action as the
16Department of Financial and Professional Regulation may deem
17proper with regard to the registration of any person issued
18under this Act to operate a dispensing organization or act as a
19dispensing organization agent, including imposing fines not to
20exceed $10,000 for each violation, for any violations of this
21Act and rules adopted in accordance with this Act. The
22procedures for disciplining a registered dispensing
23organization shall be determined by rule. All final
24administrative decisions of the Department of Financial and
25Professional Regulation are subject to judicial review under
26the Administrative Review Law and its rules. The term

 

 

10000SB0336ham002- 51 -LRB100 05118 MJP 41046 a

1"administrative decision" is defined as in Section 3-101 of the
2Code of Civil Procedure.
3    (o) Dispensing organizations are subject to random
4inspection and cannabis testing by the Department of Financial
5and Professional Regulation and State Police as provided by
6rule.
7(Source: P.A. 98-122, eff. 1-1-14.)
 
8    (410 ILCS 130/160)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 160. Annual reports. (a) The Department of Public
11Health shall submit to the General Assembly a report, by
12September 30 of each year, that does not disclose any
13identifying information about registered qualifying patients,
14registered caregivers, or physicians, but does contain, at a
15minimum, all of the following information based on the fiscal
16year for reporting purposes:
17        (1) the number of applications and renewals filed for
18    registry identification cards or registrations;
19        (2) the number of qualifying patients and designated
20    caregivers served by each dispensary during the report
21    year;
22        (3) the nature of the debilitating medical conditions
23    of the qualifying patients;
24        (4) the number of registry identification cards or
25    registrations revoked for misconduct;

 

 

10000SB0336ham002- 52 -LRB100 05118 MJP 41046 a

1        (5) the number of physicians providing written
2    certifications for qualifying patients; and
3        (6) the number of registered medical cannabis
4    cultivation centers or registered dispensing
5    organizations; .
6        (7) the number of Opioid Alternative Pilot Program
7    participants.
8(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".