Illinois General Assembly - Full Text of SB0336
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Full Text of SB0336  100th General Assembly

SB0336enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0336 EnrolledLRB100 05118 RJF 15128 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
1699, including but not limited to any covenant entered into with
17respect to any revenue bonds or similar instruments. All
18procurements for which contracts are solicited between the
19effective date of Articles 50 and 99 and July 1, 1998 shall be
20substantially in accordance with this Code and its intent.
21    (b) This Code shall apply regardless of the source of the
22funds with which the contracts are paid, including federal

 

 

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1assistance moneys. This Code shall not apply to:
2        (1) Contracts between the State and its political
3    subdivisions or other governments, or between State
4    governmental bodies, except as specifically provided in
5    this Code.
6        (2) Grants, except for the filing requirements of
7    Section 20-80.
8        (3) Purchase of care, except as provided in Section
9    5-30.6 of the Illinois Public Aid Code and this Section.
10        (4) Hiring of an individual as employee and not as an
11    independent contractor, whether pursuant to an employment
12    code or policy or by contract directly with that
13    individual.
14        (5) Collective bargaining contracts.
15        (6) Purchase of real estate, except that notice of this
16    type of contract with a value of more than $25,000 must be
17    published in the Procurement Bulletin within 10 calendar
18    days after the deed is recorded in the county of
19    jurisdiction. The notice shall identify the real estate
20    purchased, the names of all parties to the contract, the
21    value of the contract, and the effective date of the
22    contract.
23        (7) Contracts necessary to prepare for anticipated
24    litigation, enforcement actions, or investigations,
25    provided that the chief legal counsel to the Governor shall
26    give his or her prior approval when the procuring agency is

 

 

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1    one subject to the jurisdiction of the Governor, and
2    provided that the chief legal counsel of any other
3    procuring entity subject to this Code shall give his or her
4    prior approval when the procuring entity is not one subject
5    to the jurisdiction of the Governor.
6        (8) (Blank).
7        (9) Procurement expenditures by the Illinois
8    Conservation Foundation when only private funds are used.
9        (10) (Blank).
10        (11) Public-private agreements entered into according
11    to the procurement requirements of Section 20 of the
12    Public-Private Partnerships for Transportation Act and
13    design-build agreements entered into according to the
14    procurement requirements of Section 25 of the
15    Public-Private Partnerships for Transportation Act.
16        (12) Contracts for legal, financial, and other
17    professional and artistic services entered into on or
18    before December 31, 2018 by the Illinois Finance Authority
19    in which the State of Illinois is not obligated. Such
20    contracts shall be awarded through a competitive process
21    authorized by the Board of the Illinois Finance Authority
22    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
23    50-35, and 50-37 of this Code, as well as the final
24    approval by the Board of the Illinois Finance Authority of
25    the terms of the contract.
26        (13) Contracts for services, commodities, and

 

 

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1    equipment to support the delivery of timely forensic
2    science services in consultation with and subject to the
3    approval of the Chief Procurement Officer as provided in
4    subsection (d) of Section 5-4-3a of the Unified Code of
5    Corrections, except for the requirements of Sections
6    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
7    Code; however, the Chief Procurement Officer may, in
8    writing with justification, waive any certification
9    required under Article 50 of this Code. For any contracts
10    for services which are currently provided by members of a
11    collective bargaining agreement, the applicable terms of
12    the collective bargaining agreement concerning
13    subcontracting shall be followed.
14        On and after January 1, 2019, this paragraph (13),
15    except for this sentence, is inoperative.
16        (14) Contracts for participation expenditures required
17    by a domestic or international trade show or exhibition of
18    an exhibitor, member, or sponsor.
19        (15) Contracts with a railroad or utility that requires
20    the State to reimburse the railroad or utilities for the
21    relocation of utilities for construction or other public
22    purpose. Contracts included within this paragraph (15)
23    shall include, but not be limited to, those associated
24    with: relocations, crossings, installations, and
25    maintenance. For the purposes of this paragraph (15),
26    "railroad" means any form of non-highway ground

 

 

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1    transportation that runs on rails or electromagnetic
2    guideways and "utility" means: (1) public utilities as
3    defined in Section 3-105 of the Public Utilities Act, (2)
4    telecommunications carriers as defined in Section 13-202
5    of the Public Utilities Act, (3) electric cooperatives as
6    defined in Section 3.4 of the Electric Supplier Act, (4)
7    telephone or telecommunications cooperatives as defined in
8    Section 13-212 of the Public Utilities Act, (5) rural water
9    or waste water systems with 10,000 connections or less, (6)
10    a holder as defined in Section 21-201 of the Public
11    Utilities Act, and (7) municipalities owning or operating
12    utility systems consisting of public utilities as that term
13    is defined in Section 11-117-2 of the Illinois Municipal
14    Code.
15        (16) Procurement expenditures necessary for the
16    Department of Agriculture, the Department of Financial and
17    Professional Regulation, the Department of Human Services,
18    and the Department of Public Health to implement the
19    Compassionate Use of Medical Cannabis Pilot Program and
20    Opioid Alternative Pilot Program requirements and ensure
21    access to medical cannabis for patients with debilitating
22    medical conditions in accordance with the Compassionate
23    Use of Medical Cannabis Pilot Program Act.
24    Notwithstanding any other provision of law, for contracts
25entered into on or after October 1, 2017 under an exemption
26provided in any paragraph of this subsection (b), except

 

 

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1paragraph (1), (2), or (5), each State agency shall post to the
2appropriate procurement bulletin the name of the contractor, a
3description of the supply or service provided, the total amount
4of the contract, the term of the contract, and the exception to
5the Code utilized. The chief procurement officer shall submit a
6report to the Governor and General Assembly no later than
7November 1 of each year that shall include, at a minimum, an
8annual summary of the monthly information reported to the chief
9procurement officer.
10    (c) This Code does not apply to the electric power
11procurement process provided for under Section 1-75 of the
12Illinois Power Agency Act and Section 16-111.5 of the Public
13Utilities Act.
14    (d) Except for Section 20-160 and Article 50 of this Code,
15and as expressly required by Section 9.1 of the Illinois
16Lottery Law, the provisions of this Code do not apply to the
17procurement process provided for under Section 9.1 of the
18Illinois Lottery Law.
19    (e) This Code does not apply to the process used by the
20Capital Development Board to retain a person or entity to
21assist the Capital Development Board with its duties related to
22the determination of costs of a clean coal SNG brownfield
23facility, as defined by Section 1-10 of the Illinois Power
24Agency Act, as required in subsection (h-3) of Section 9-220 of
25the Public Utilities Act, including calculating the range of
26capital costs, the range of operating and maintenance costs, or

 

 

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1the sequestration costs or monitoring the construction of clean
2coal SNG brownfield facility for the full duration of
3construction.
4    (f) (Blank).
5    (g) (Blank).
6    (h) This Code does not apply to the process to procure or
7contracts entered into in accordance with Sections 11-5.2 and
811-5.3 of the Illinois Public Aid Code.
9    (i) Each chief procurement officer may access records
10necessary to review whether a contract, purchase, or other
11expenditure is or is not subject to the provisions of this
12Code, unless such records would be subject to attorney-client
13privilege.
14    (j) This Code does not apply to the process used by the
15Capital Development Board to retain an artist or work or works
16of art as required in Section 14 of the Capital Development
17Board Act.
18    (k) This Code does not apply to the process to procure
19contracts, or contracts entered into, by the State Board of
20Elections or the State Electoral Board for hearing officers
21appointed pursuant to the Election Code.
22    (l) This Code does not apply to the processes used by the
23Illinois Student Assistance Commission to procure supplies and
24services paid for from the private funds of the Illinois
25Prepaid Tuition Fund. As used in this subsection (l), "private
26funds" means funds derived from deposits paid into the Illinois

 

 

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1Prepaid Tuition Trust Fund and the earnings thereon.
2(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
3100-580, eff. 3-12-18.)
 
4    Section 15. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 5, 7, 10, 35, 55,
660, 65, 75, 130, and 160 and by adding Sections 36 and 62 as
7follows:
 
8    (410 ILCS 130/5)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 5. Findings.
11    (a) The recorded use of cannabis as a medicine goes back
12nearly 5,000 years. Modern medical research has confirmed the
13beneficial uses of cannabis in treating or alleviating the
14pain, nausea, and other symptoms associated with a variety of
15debilitating medical conditions, including cancer, multiple
16sclerosis, and HIV/AIDS, as found by the National Academy of
17Sciences' Institute of Medicine in March 1999.
18    (b) Studies published since the 1999 Institute of Medicine
19report continue to show the therapeutic value of cannabis in
20treating a wide array of debilitating medical conditions. These
21include relief of the neuropathic pain caused by multiple
22sclerosis, HIV/AIDS, and other illnesses that often fail to
23respond to conventional treatments and relief of nausea,
24vomiting, and other side effects of drugs used to treat

 

 

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1HIV/AIDS and hepatitis C, increasing the chances of patients
2continuing on life-saving treatment regimens.
3    (c) Cannabis has many currently accepted medical uses in
4the United States, having been recommended by thousands of
5licensed physicians to at least 600,000 patients in states with
6medical cannabis laws. The medical utility of cannabis is
7recognized by a wide range of medical and public health
8organizations, including the American Academy of HIV Medicine,
9the American College of Physicians, the American Nurses
10Association, the American Public Health Association, the
11Leukemia & Lymphoma Society, and many others.
12    (d) Data from the Federal Bureau of Investigation's Uniform
13Crime Reports and the Compendium of Federal Justice Statistics
14show that approximately 99 out of every 100 cannabis arrests in
15the U.S. are made under state law, rather than under federal
16law. Consequently, changing State law will have the practical
17effect of protecting from arrest the vast majority of seriously
18ill patients who have a medical need to use cannabis.
19    (d-5) In 2014, the Task Force on Veterans' Suicide was
20created by the Illinois General Assembly to gather data on
21veterans' suicide prevention. Data from a U.S. Department of
22Veterans Affairs study indicates that 22 veterans commit
23suicide each day.
24    (d-10) According to the State of Illinois Opioid Action
25Plan released in September 2017, "The opioid epidemic is the
26most significant public health and public safety crisis facing

 

 

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1Illinois". According to the Action Plan, "Fueled by the growing
2opioid epidemic, drug overdoses have now become the leading
3cause of death nationwide for people under the age of 50. In
4Illinois, opioid overdoses have killed nearly 11,000 people
5since 2008. Just last year, nearly 1,900 people died of
6overdoses—almost twice the number of fatal car accidents.
7Beyond these deaths are thousands of emergency department
8visits, hospital stays, as well as the pain suffered by
9individuals, families, and communities".
10    According to the Action Plan, "At the current rate, the
11opioid epidemic will claim the lives of more than 2,700
12Illinoisans in 2020".
13    Further, the Action Plan states, "Physical tolerance to
14opioids can begin to develop as early as two to three days
15following the continuous use of opioids, which is a large
16factor that contributes to their addictive potential".
17    The 2017 State of Illinois Opioid Action Plan also states,
18"The increase in OUD [opioid use disorder] and opioid overdose
19deaths is largely due to the dramatic rise in the rate and
20amount of opioids prescribed for pain over the past decades".
21    Further, according to the Action Plan, "In the absence of
22alternative treatments, reducing the supply of prescription
23opioids too abruptly may drive more people to switch to using
24illicit drugs (including heroin), thus increasing the risk of
25overdose".
26    (e) Alaska, Arizona, California, Colorado, Connecticut,

 

 

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1Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
2Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
3Washington, and Washington, D.C. have removed state-level
4criminal penalties from the medical use and cultivation of
5cannabis. Illinois joins in this effort for the health and
6welfare of its citizens.
7    (f) States are not required to enforce federal law or
8prosecute people for engaging in activities prohibited by
9federal law. Therefore, compliance with this Act does not put
10the State of Illinois in violation of federal law.
11    (g) State law should make a distinction between the medical
12and non-medical uses of cannabis. Hence, the purpose of this
13Act is to protect patients with debilitating medical
14conditions, as well as their physicians and providers, from
15arrest and prosecution, criminal and other penalties, and
16property forfeiture if the patients engage in the medical use
17of cannabis.
18(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
19    (410 ILCS 130/7)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 7. Lawful user and lawful products. For the purposes
22of this Act and to clarify the legislative findings on the
23lawful use of cannabis:
24        (1) A cardholder under this Act shall not be considered
25    an unlawful user or addicted to narcotics solely as a

 

 

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1    result of his or her qualifying patient or designated
2    caregiver status.
3        (2) All medical cannabis products purchased by a
4    qualifying patient at a licensed dispensing organization
5    shall be lawful products and a distinction shall be made
6    between medical and non-medical uses of cannabis as a
7    result of the qualifying patient's cardholder status,
8    provisional registration for qualifying patient cardholder
9    status, or participation in the Opioid Alternative Pilot
10    Program under the authorized use granted under State law.
11        (3) An individual with a provisional registration for
12    qualifying patient cardholder status, a qualifying patient
13    in the medical cannabis pilot program, or an Opioid
14    Alternative Pilot Program participant under Section 62
15    shall not be considered an unlawful user or addicted to
16    narcotics solely as a result of his or her application to
17    or participation in the program.
18(Source: P.A. 99-519, eff. 6-30-16.)
 
19    (410 ILCS 130/10)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 10. Definitions. The following terms, as used in this
22Act, shall have the meanings set forth in this Section:
23    (a) "Adequate supply" means:
24        (1) 2.5 ounces of usable cannabis during a period of 14
25    days and that is derived solely from an intrastate source.

 

 

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

 

 

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

 

 

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1    post-concussion syndrome, Multiple Sclerosis,
2    Arnold-Chiari malformation and Syringomyelia,
3    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
4    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
5    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
6    (Complex Regional Pain Syndromes Type II),
7    Neurofibromatosis, Chronic Inflammatory Demyelinating
8    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
9    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
10    syndrome, residual limb pain, seizures (including those
11    characteristic of epilepsy), post-traumatic stress
12    disorder (PTSD), or the treatment of these conditions;
13        (1.5) terminal illness with a diagnosis of 6 months or
14    less; if the terminal illness is not one of the qualifying
15    debilitating medical conditions, then the physician shall
16    on the certification form identify the cause of the
17    terminal illness; or
18        (2) any other debilitating medical condition or its
19    treatment that is added by the Department of Public Health
20    by rule as provided in Section 45.
21    (i) "Designated caregiver" means a person who: (1) is at
22least 21 years of age; (2) has agreed to assist with a
23patient's medical use of cannabis; (3) has not been convicted
24of an excluded offense; and (4) assists no more than one
25registered qualifying patient with his or her medical use of
26cannabis.

 

 

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1    (j) "Dispensing organization agent identification card"
2means a document issued by the Department of Financial and
3Professional Regulation that identifies a person as a medical
4cannabis dispensing organization agent.
5    (k) "Enclosed, locked facility" means a room, greenhouse,
6building, or other enclosed area equipped with locks or other
7security devices that permit access only by a cultivation
8center's agents or a dispensing organization's agent working
9for the registered cultivation center or the registered
10dispensing organization to cultivate, store, and distribute
11cannabis for registered qualifying patients.
12    (l) "Excluded offense" for cultivation center agents and
13dispensing organizations means:
14        (1) a violent crime defined in Section 3 of the Rights
15    of Crime Victims and Witnesses Act or a substantially
16    similar offense that was classified as a felony in the
17    jurisdiction where the person was convicted; or
18        (2) a violation of a state or federal controlled
19    substance law, the Cannabis Control Act, or the
20    Methamphetamine Control and Community Protection Act that
21    was classified as a felony in the jurisdiction where the
22    person was convicted, except that the registering
23    Department may waive this restriction if the person
24    demonstrates to the registering Department's satisfaction
25    that his or her conviction was for the possession,
26    cultivation, transfer, or delivery of a reasonable amount

 

 

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1    of cannabis intended for medical use. This exception does
2    not apply if the conviction was under state law and
3    involved a violation of an existing medical cannabis law.
4    For purposes of this subsection, the Department of Public
5Health shall determine by emergency rule within 30 days after
6the effective date of this amendatory Act of the 99th General
7Assembly what constitutes a "reasonable amount".
8    (l-5) (Blank). "Excluded offense" for a qualifying patient
9or designated caregiver means a violation of state or federal
10controlled substance law, the Cannabis Control Act, or the
11Methamphetamine and Community Protection Act that was
12classified as a felony in the jurisdiction where the person was
13convicted, except that the registering Department may waive
14this restriction if the person demonstrates to the registering
15Department's satisfaction that his or her conviction was for
16the possession, cultivation, transfer, or delivery of a
17reasonable amount of cannabis intended for medical use. This
18exception does not apply if the conviction was under state law
19and involved a violation of an existing medical cannabis law.
20For purposes of this subsection, the Department of Public
21Health shall determine by emergency rule within 30 days after
22the effective date of this amendatory Act of the 99th General
23Assembly what constitutes a "reasonable amount".
24    (l-10) "Illinois Cannabis Tracking System" means a
25web-based system established and maintained by the Department
26of Public Health that is available to the Department of

 

 

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1Agriculture, the Department of Financial and Professional
2Regulation, the Illinois State Police, and registered medical
3cannabis dispensing organizations on a 24-hour basis to upload
4written certifications for Opioid Alternative Pilot Program
5participants, to verify Opioid Alternative Pilot Program
6participants, to verify Opioid Alternative Pilot Program
7participants' available cannabis allotment and assigned
8dispensary, and the tracking of the date of sale, amount, and
9price of medical cannabis purchased by an Opioid Alternative
10Pilot Program participant.
11    (m) "Medical cannabis cultivation center registration"
12means a registration issued by the Department of Agriculture.
13    (n) "Medical cannabis container" means a sealed,
14traceable, food compliant, tamper resistant, tamper evident
15container, or package used for the purpose of containment of
16medical cannabis from a cultivation center to a dispensing
17organization.
18    (o) "Medical cannabis dispensing organization", or
19"dispensing organization", or "dispensary organization" means
20a facility operated by an organization or business that is
21registered by the Department of Financial and Professional
22Regulation to acquire medical cannabis from a registered
23cultivation center for the purpose of dispensing cannabis,
24paraphernalia, or related supplies and educational materials
25to registered qualifying patients, individuals with a
26provisional registration for qualifying patient cardholder

 

 

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1status, or an Opioid Alternative Pilot Program participant.
2    (p) "Medical cannabis dispensing organization agent" or
3"dispensing organization agent" means a principal officer,
4board member, employee, or agent of a registered medical
5cannabis dispensing organization who is 21 years of age or
6older and has not been convicted of an excluded offense.
7    (q) "Medical cannabis infused product" means food, oils,
8ointments, or other products containing usable cannabis that
9are not smoked.
10    (r) "Medical use" means the acquisition; administration;
11delivery; possession; transfer; transportation; or use of
12cannabis to treat or alleviate a registered qualifying
13patient's debilitating medical condition or symptoms
14associated with the patient's debilitating medical condition.
15    (r-5) "Opioid" means a narcotic drug or substance that is a
16Schedule II controlled substance under paragraph (1), (2), (3),
17or (5) of subsection (b) or under subsection (c) of Section 206
18of the Illinois Controlled Substances Act.
19    (r-10) "Opioid Alternative Pilot Program participant"
20means an individual who has received a valid written
21certification to participate in the Opioid Alternative Pilot
22Program for a medical condition for which an opioid has been or
23could be prescribed by a physician based on generally accepted
24standards of care.
25    (s) "Physician" means a doctor of medicine or doctor of
26osteopathy licensed under the Medical Practice Act of 1987 to

 

 

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1practice medicine and who has a controlled substances license
2under Article III of the Illinois Controlled Substances Act. It
3does not include a licensed practitioner under any other Act
4including but not limited to the Illinois Dental Practice Act.
5    (s-5) "Provisional registration" means a document issued
6by the Department of Public Health to a qualifying patient who
7has submitted: (1) an online application and paid a fee to
8participate in Compassionate Use of Medical Cannabis Pilot
9Program pending approval or denial of the patient's
10application; or (2) a completed application for terminal
11illness.
12    (t) "Qualifying patient" means a person who has been
13diagnosed by a physician as having a debilitating medical
14condition.
15    (u) "Registered" means licensed, permitted, or otherwise
16certified by the Department of Agriculture, Department of
17Public Health, or Department of Financial and Professional
18Regulation.
19    (v) "Registry identification card" means a document issued
20by the Department of Public Health that identifies a person as
21a registered qualifying patient or registered designated
22caregiver.
23    (w) "Usable cannabis" means the seeds, leaves, buds, and
24flowers of the cannabis plant and any mixture or preparation
25thereof, but does not include the stalks, and roots of the
26plant. It does not include the weight of any non-cannabis

 

 

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1ingredients combined with cannabis, such as ingredients added
2to prepare a topical administration, food, or drink.
3    (x) "Verification system" means a Web-based system
4established and maintained by the Department of Public Health
5that is available to the Department of Agriculture, the
6Department of Financial and Professional Regulation, law
7enforcement personnel, and registered medical cannabis
8dispensing organization agents on a 24-hour basis for the
9verification of registry identification cards, the tracking of
10delivery of medical cannabis to medical cannabis dispensing
11organizations, and the tracking of the date of sale, amount,
12and price of medical cannabis purchased by a registered
13qualifying patient.
14    (y) "Written certification" means a document dated and
15signed by a physician, stating (1) that the qualifying patient
16has a debilitating medical condition and specifying the
17debilitating medical condition the qualifying patient has; and
18(2) that (A) the physician is treating or managing treatment of
19the patient's debilitating medical condition; or (B) an Opioid
20Alternative Pilot Program participant has a medical condition
21for which opioids have been or could be prescribed. A written
22certification shall be made only in the course of a bona fide
23physician-patient relationship, after the physician has
24completed an assessment of either a the qualifying patient's
25medical history or Opioid Alternative Pilot Program
26participant, reviewed relevant records related to the

 

 

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1patient's debilitating condition, and conducted a physical
2examination.
3    (z) "Bona fide physician-patient relationship" means a
4relationship established at a hospital, physician's office, or
5other health care facility in which the physician has an
6ongoing responsibility for the assessment, care, and treatment
7of a patient's debilitating medical condition or a symptom of
8the patient's debilitating medical condition.
9    A veteran who has received treatment at a VA hospital shall
10be deemed to have a bona fide physician-patient relationship
11with a VA physician if the patient has been seen for his or her
12debilitating medical condition at the VA Hospital in accordance
13with VA Hospital protocols.
14    A bona fide physician-patient relationship under this
15subsection is a privileged communication within the meaning of
16Section 8-802 of the Code of Civil Procedure.
17(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
18eff. 6-30-16.)
 
19    (410 ILCS 130/35)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 35. Physician requirements.
22    (a) A physician who certifies a debilitating medical
23condition for a qualifying patient shall comply with all of the
24following requirements:
25        (1) The Physician shall be currently licensed under the

 

 

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1    Medical Practice Act of 1987 to practice medicine in all
2    its branches and in good standing, and must hold a
3    controlled substances license under Article III of the
4    Illinois Controlled Substances Act.
5        (2) A physician certifying a patient's condition shall
6    comply with generally accepted standards of medical
7    practice, the provisions of the Medical Practice Act of
8    1987 and all applicable rules.
9        (3) The physical examination required by this Act may
10    not be performed by remote means, including telemedicine.
11        (4) The physician shall maintain a record-keeping
12    system for all patients for whom the physician has
13    certified the patient's medical condition. These records
14    shall be accessible to and subject to review by the
15    Department of Public Health and the Department of Financial
16    and Professional Regulation upon request.
17    (b) A physician may not:
18        (1) accept, solicit, or offer any form of remuneration
19    from or to a qualifying patient, primary caregiver,
20    cultivation center, or dispensing organization, including
21    each principal officer, board member, agent, and employee,
22    to certify a patient, other than accepting payment from a
23    patient for the fee associated with the required
24    examination;
25        (2) offer a discount of any other item of value to a
26    qualifying patient who uses or agrees to use a particular

 

 

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1    primary caregiver or dispensing organization to obtain
2    medical cannabis;
3        (3) conduct a personal physical examination of a
4    patient for purposes of diagnosing a debilitating medical
5    condition at a location where medical cannabis is sold or
6    distributed or at the address of a principal officer,
7    agent, or employee or a medical cannabis organization;
8        (4) hold a direct or indirect economic interest in a
9    cultivation center or dispensing organization if he or she
10    recommends the use of medical cannabis to qualified
11    patients or is in a partnership or other fee or
12    profit-sharing relationship with a physician who
13    recommends medical cannabis, except for the limited
14    purpose of performing a medical cannabis related research
15    study;
16        (5) serve on the board of directors or as an employee
17    of a cultivation center or dispensing organization;
18        (6) refer patients to a cultivation center, a
19    dispensing organization, or a registered designated
20    caregiver; or
21        (7) advertise in a cultivation center or a dispensing
22    organization.
23    (c) The Department of Public Health may with reasonable
24cause refer a physician, who has certified a debilitating
25medical condition of a patient, to the Illinois Department of
26Financial and Professional Regulation for potential violations

 

 

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1of this Section.
2    (d) Any violation of this Section or any other provision of
3this Act or rules adopted under this Act is a violation of the
4Medical Practice Act of 1987.
5    (e) A physician who certifies a debilitating medical
6condition for a qualifying patient may notify the Department of
7Public Health in writing: (1) if the physician has reason to
8believe either that the registered qualifying patient has
9ceased to suffer from a debilitating medical condition; (2)
10that the bona fide physician-patient relationship has
11terminated; or (3) that continued use of medical cannabis would
12result in contraindication with the patient's other
13medication. The registered qualifying patient's registry
14identification card shall be revoked by the Department of
15Public Health after receiving the physician's notification.
16(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1799-519, eff. 6-30-16.)
 
18    (410 ILCS 130/36 new)
19    Sec. 36. Written certification.
20    (a) A certification confirming a patient's debilitating
21medical condition shall be written on a form provided by the
22Department of Public Health and shall include, at a minimum,
23the following:
24        (1) the qualifying patient's name, date of birth, home
25    address, and primary telephone number;

 

 

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1        (2) the physician's name, address, telephone number,
2    email address, medical license number, and active
3    controlled substances license under the Illinois
4    Controlled Substances Act and indication of specialty or
5    primary area of clinical practice, if any;
6        (3) the qualifying patient's debilitating medical
7    condition;
8        (4) a statement that the physician has confirmed a
9    diagnosis of a debilitating condition; is treating or
10    managing treatment of the patient's debilitating
11    condition; has a bona fide physician-patient relationship;
12    has conducted an in-person physical examination; and has
13    conducted a review of the patient's medical history,
14    including reviewing medical records from other treating
15    physicians, if any, from the previous 12 months;
16        (5) the physician's signature and date of
17    certification; and
18        (6) a statement that a participant in possession of a
19    written certification indicating a debilitating medical
20    condition shall not be considered an unlawful user or
21    addicted to narcotics solely as a result of his or her
22    pending application to or participation in the
23    Compassionate Use of Medical Cannabis Pilot Program.
24    (b) A written certification does not constitute a
25prescription for medical cannabis.
26    (c) Applications for qualifying patients under 18 years old

 

 

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1shall require a written certification from a physician and a
2reviewing physician.
3    (d) A certification confirming the patient's eligibility
4to participate in the Opioid Alternative Pilot Program shall be
5written on a form provided by the Department of Public Health
6and shall include, at a minimum, the following:
7        (1) the participant's name, date of birth, home
8    address, and primary telephone number;
9        (2) the physician's name, address, telephone number,
10    email address, medical license number, and active
11    controlled substances license under the Illinois
12    Controlled Substances Act and indication of specialty or
13    primary area of clinical practice, if any;
14        (3) the physician's signature and date;
15        (4) the length of participation in the program, which
16    shall be limited to no more than 90 days;
17        (5) a statement identifying the patient has been
18    diagnosed with and is currently undergoing treatment for a
19    medical condition where an opioid has been or could be
20    prescribed; and
21        (6) a statement that a participant in possession of a
22    written certification indicating eligibility to
23    participate in the Opioid Alternative Pilot Program shall
24    not be considered an unlawful user or addicted to narcotics
25    solely as a result of his or her eligibility or
26    participation in the program.

 

 

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1    (e) The Department of Public Health may provide a single
2certification form for subsections (a) and (d) of this Section,
3provided that all requirements of those subsections are
4included on the form.
5    (f) The Department of Public Health shall not include the
6word "cannabis" on any application forms or written
7certification forms that it issues under this Section.
8    (g) A written certification does not constitute a
9prescription.
10    (h) It is unlawful for any person to knowingly submit a
11fraudulent certification to be a qualifying patient in the
12Compassionate Use of Medical Cannabis Pilot Program or an
13Opioid Alternative Pilot Program participant. A violation of
14this subsection shall result in the person who has knowingly
15submitted the fraudulent certification being permanently
16banned from participating in the Compassionate Use of Medical
17Cannabis Pilot Program or the Opioid Alternative Pilot Program.
 
18    (410 ILCS 130/55)
19    (Section scheduled to be repealed on July 1, 2020)
20    Sec. 55. Registration of qualifying patients and
21designated caregivers.
22    (a) The Department of Public Health shall issue registry
23identification cards to qualifying patients and designated
24caregivers who submit a completed application, and at minimum,
25the following, in accordance with Department of Public Health

 

 

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1rules:
2        (1) A written certification, on a form developed by the
3    Department of Public Health consistent with Section 36 and
4    issued by a physician, within 90 days immediately preceding
5    the date of an application;
6        (2) upon the execution of applicable privacy waivers,
7    the patient's medical documentation related to his or her
8    debilitating condition and any other information that may
9    be reasonably required by the Department of Public Health
10    to confirm that the physician and patient have a bona fide
11    physician-patient relationship, that the qualifying
12    patient is in the physician's care for his or her
13    debilitating medical condition, and to substantiate the
14    patient's diagnosis;
15        (3) the application or renewal fee as set by rule;
16        (4) the name, address, date of birth, and social
17    security number of the qualifying patient, except that if
18    the applicant is homeless no address is required;
19        (5) the name, address, and telephone number of the
20    qualifying patient's physician;
21        (6) the name, address, and date of birth of the
22    designated caregiver, if any, chosen by the qualifying
23    patient;
24        (7) the name of the registered medical cannabis
25    dispensing organization the qualifying patient designates;
26        (8) signed statements from the patient and designated

 

 

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1    caregiver asserting that they will not divert medical
2    cannabis; and
3        (9) (blank). completed background checks for the
4    patient and designated caregiver.
5    (b) Notwithstanding any other provision of this Act, a
6person provided a written certification for a debilitating
7medical condition who has submitted a completed online
8application to the Department of Public Health shall receive a
9provisional registration and be entitled to purchase medical
10cannabis from a specified licensed dispensing organization for
11a period of 90 days or until his or her application has been
12denied or he or she receives a registry identification card,
13whichever is earlier. However, a person may obtain an
14additional provisional registration after the expiration of 90
15days after the date of application if the Department of Public
16Health does not provide the individual with a registry
17identification card or deny the individual's application
18within those 90 days.
19    The provisional registration may not be extended if the
20individual does not respond to the Department of Public
21Health's request for additional information or corrections to
22required application documentation.
23    In order for a person to receive medical cannabis under
24this subsection, a person must present his or her provisional
25registration along with a valid driver's license or State
26identification card to the licensed dispensing organization

 

 

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1specified in his or her application. The dispensing
2organization shall verify the person's provisional
3registration through the Department of Public Health's online
4verification system.
5    Upon verification of the provided documents, the
6dispensing organization shall dispense no more than 2.5 ounces
7of medical cannabis during a 14-day period to the person for a
8period of 90 days, until his or her application has been
9denied, or until he or she receives a registry identification
10card from the Department of Public Health, whichever is
11earlier.
12    Persons with provisional registrations must keep their
13provisional registration in his or her possession at all times
14when transporting or engaging in the medical use of cannabis.
15    (c) No person or business shall charge a fee for assistance
16in the preparation, compilation, or submission of an
17application to the Compassionate Use of Medical Cannabis Pilot
18Program or the Opioid Alternative Pilot Program. A violation of
19this subsection is a Class C misdemeanor, for which restitution
20to the applicant and a fine of up to $1,500 may be imposed. All
21fines shall be deposited into the Compassionate Use of Medical
22Cannabis Fund after restitution has been made to the applicant.
23The Department of Public Health shall refer individuals making
24complaints against a person or business under this Section to
25the Illinois State Police, who shall enforce violations of this
26provision. All application forms issued by the Department shall

 

 

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1state that no person or business may charge a fee for
2assistance in the preparation, compilation, or submission of an
3application to the Compassionate Use of Medical Cannabis Pilot
4Program or the Opioid Alternative Pilot Program.
5(Source: P.A. 98-122, eff. 1-1-14.)
 
6    (410 ILCS 130/60)
7    (Section scheduled to be repealed on July 1, 2020)
8    Sec. 60. Issuance of registry identification cards.
9    (a) Except as provided in subsection (b), the Department of
10Public Health shall:
11        (1) verify the information contained in an application
12    or renewal for a registry identification card submitted
13    under this Act, and approve or deny an application or
14    renewal, within 90 30 days of receiving a completed
15    application or renewal application and all supporting
16    documentation specified in Section 55;
17        (2) issue registry identification cards to a
18    qualifying patient and his or her designated caregiver, if
19    any, within 15 business days of approving the application
20    or renewal;
21        (3) enter the registry identification number of the
22    registered dispensing organization the patient designates
23    into the verification system; and
24        (4) allow for an electronic application process, and
25    provide a confirmation by electronic or other methods that

 

 

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

 

 

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1requirements waived. The Department of Public Health shall
2within 30 days after this amendatory Act of the 99th General
3Assembly adopt emergency rules to expedite approval for
4terminally ill individuals. These rules shall include, but not
5be limited to, rules that provide that applications by
6individuals with terminal illnesses shall be approved or denied
7within 14 days of their submission.
8    (d) Upon the approval of the registration and issuance of a
9registry card under this Section, the Department of Public
10Health shall forward the designated caregiver or registered
11qualified patient's driver's registration number to the
12Secretary of State and certify that the individual is permitted
13to engage in the medical use of cannabis. For the purposes of
14law enforcement, the Secretary of State shall make a notation
15on the person's driving record stating the person is a
16registered qualifying patient who is entitled to the lawful
17medical use of cannabis. If the person no longer holds a valid
18registry card, the Department shall notify the Secretary of
19State and the Secretary of State shall remove the notation from
20the person's driving record. The Department and the Secretary
21of State may establish a system by which the information may be
22shared electronically.
23    (e) Upon the approval of the registration and issuance of a
24registry card under this Section, the Department of Public
25Health shall electronically forward the registered qualifying
26patient's identification card information to the Prescription

 

 

SB0336 Enrolled- 35 -LRB100 05118 RJF 15128 b

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

 

 

SB0336 Enrolled- 36 -LRB100 05118 RJF 15128 b

1offense. For purposes of enforcing this subsection, the
2Department of Public Health and Secretary of State shall
3establish a system by which violations reported to the
4Secretary of State under paragraph 18 of subsection (a) of
5Section 6-205 of the Illinois Vehicle Code shall be shared with
6the Department of Public Health.
7(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
8eff. 6-30-16.)
 
9    (410 ILCS 130/62 new)
10    Sec. 62. Opioid Alternative Pilot Program.
11    (a) The Department of Public Health shall establish the
12Opioid Alternative Pilot Program. Licensed dispensing
13organizations shall allow persons with a written certification
14from a licensed physician under Section 36 to purchase medical
15cannabis upon enrollment in the Opioid Alternative Pilot
16Program. For a person to receive medical cannabis under this
17Section, the person must present the written certification
18along with a valid driver's license or state identification
19card to the licensed dispensing organization specified in his
20or her application. The dispensing organization shall verify
21the person's status as an Opioid Alternative Pilot Program
22participant through the Department of Public Health's online
23verification system.
24    (b) The Opioid Alternative Pilot Program shall be limited
25to participation by Illinois residents age 21 and older.

 

 

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1    (c) The Department of Financial and Professional
2Regulation shall specify that all licensed dispensing
3organizations participating in the Opioid Alternative Pilot
4Program use the Illinois Cannabis Tracking System. The
5Department of Public Health shall establish and maintain the
6Illinois Cannabis Tracking System. The Illinois Cannabis
7Tracking System shall be used to collect information about all
8persons participating in the Opioid Alternative Pilot Program
9and shall be used to track the sale of medical cannabis for
10verification purposes.
11    Each dispensing organization shall retain a copy of the
12Opioid Alternative Pilot Program certification and other
13identifying information as required by the Department of
14Financial and Professional Regulation, the Department of
15Public Health, and the Illinois State Police in the Illinois
16Cannabis Tracking System.
17    The Illinois Cannabis Tracking System shall be accessible
18to the Department of Financial and Professional Regulation,
19Department of Public Health, Department of Agriculture, and the
20Illinois State Police.
21    The Department of Financial and Professional Regulation in
22collaboration with the Department of Public Health shall
23specify the data requirements for the Opioid Alternative Pilot
24Program by licensed dispensing organizations; including, but
25not limited to, the participant's full legal name, address, and
26date of birth, date on which the Opioid Alternative Pilot

 

 

SB0336 Enrolled- 38 -LRB100 05118 RJF 15128 b

1Program certification was issued, length of the participation
2in the Program, including the start and end date to purchase
3medical cannabis, name of the issuing physician, copy of the
4participant's current driver's license or State identification
5card, and phone number.
6    The Illinois Cannabis Tracking System shall provide
7verification of a person's participation in the Opioid
8Alternative Pilot Program for law enforcement at any time and
9on any day.
10    (d) The certification for Opioid Alternative Pilot Program
11participant must be issued by a physician licensed to practice
12in Illinois under the Medical Practice Act of 1987 and in good
13standing who holds a controlled substances license under
14Article III of the Illinois Controlled Substances Act.
15    The certification for an Opioid Alternative Pilot Program
16participant shall be written within 90 days before the
17participant submits his or her certification to the dispensing
18organization.
19    The written certification uploaded to the Illinois
20Cannabis Tracking System shall be accessible to the Department
21of Public Health.
22    (e) Upon verification of the individual's valid
23certification and enrollment in the Illinois Cannabis Tracking
24System, the dispensing organization may dispense the medical
25cannabis, in amounts not exceeding 2.5 ounces of medical
26cannabis per 14-day period to the participant at the

 

 

SB0336 Enrolled- 39 -LRB100 05118 RJF 15128 b

1participant's specified dispensary for no more than 90 days.
2    An Opioid Alternative Pilot Program participant shall not
3be registered as a medical cannabis cardholder. The dispensing
4organization shall verify that the person is not an active
5registered qualifying patient prior to enrollment in the Opioid
6Alternative Pilot Program and each time medical cannabis is
7dispensed.
8    Upon receipt of a written certification under the Opioid
9Alternative Pilot Program, the Department of Public Health
10shall electronically forward the patient's identification
11information to the Prescription Monitoring Program established
12under the Illinois Controlled Substances Act and certify that
13the individual is permitted to engage in the medical use of
14cannabis. For the purposes of patient care, the Prescription
15Monitoring Program shall make a notation on the person's
16prescription record stating that the person has a written
17certification under the Opioid Alternative Pilot Program and is
18a patient who is entitled to the lawful medical use of
19cannabis. If the person is no longer authorized to engage in
20the medical use of cannabis, the Department of Public Health
21shall notify the Prescription Monitoring Program and
22Department of Human Services to remove the notation from the
23person's record. The Department of Human Services and the
24Prescription Monitoring Program shall establish a system by
25which the information may be shared electronically. This
26confidential list may not be combined or linked in any manner

 

 

SB0336 Enrolled- 40 -LRB100 05118 RJF 15128 b

1with any other list or database except as provided in this
2Section.
3    (f) An Opioid Alternative Pilot Program participant shall
4not be considered a qualifying patient with a debilitating
5medical condition under this Act and shall be provided access
6to medical cannabis solely for the duration of the
7participant's certification. Nothing in this Section shall be
8construed to limit or prohibit an Opioid Alternative Pilot
9Program participant who has a debilitating medical condition
10from applying to the Compassionate Use of Medical Cannabis
11Pilot Program.
12    (g) A person with a provisional registration under Section
1355 shall not be considered an Opioid Alternative Pilot Program
14participant.
15    (h) The Department of Financial and Professional
16Regulation and the Department of Public Health shall submit
17emergency rulemaking to implement the changes made by this
18amendatory Act of the 100th General Assembly by December 1,
192018. The Department of Financial and Professional Regulation,
20the Department of Agriculture, the Department of Human
21Services, the Department of Public Health, and the Illinois
22State Police shall utilize emergency purchase authority for 12
23months after the effective date of this amendatory Act of the
24100th General Assembly for the purpose of implementing the
25changes made by this amendatory Act of the 100th General
26Assembly.

 

 

SB0336 Enrolled- 41 -LRB100 05118 RJF 15128 b

1    (i) Dispensing organizations are not authorized to
2dispense medical cannabis to Opioid Alternative Pilot Program
3participants until administrative rules are approved by the
4Joint Committee on Administrative Rules and go into effect.
5    (j) The provisions of this Section are inoperative on and
6after July 1, 2020.
 
7    (410 ILCS 130/65)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 65. Denial of registry identification cards.
10    (a) The Department of Public Health may deny an application
11or renewal of a qualifying patient's registry identification
12card only if the applicant:
13        (1) did not provide the required information and
14    materials;
15        (2) previously had a registry identification card
16    revoked;
17        (3) did not meet the requirements of this Act; or
18        (4) provided false or falsified information; or .
19        (5) violated any requirement of this Act.
20    (b) (Blank). Except as provided in subsection (b-5) of this
21Section, no person who has been convicted of a felony under the
22Illinois Controlled Substances Act, Cannabis Control Act, or
23Methamphetamine Control and Community Protection Act, or
24similar provision in a local ordinance or other jurisdiction is
25eligible to receive a registry identification card.

 

 

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

 

 

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1Fund and shall not exceed the actual cost of the record check.
2Each person applying as a qualifying patient or a designated
3caregiver shall submit a full set of fingerprints to the
4Department of State Police for the purpose of obtaining a State
5and federal criminal records check. These fingerprints shall be
6checked against the fingerprint records now and hereafter, to
7the extent allowed by law, filed in the Department of State
8Police and Federal Bureau of Investigation criminal history
9records databases. The Department of State Police shall
10furnish, following positive identification, all Illinois
11conviction information to the Department of Public Health. The
12Department of Public Health may waive the submission of a
13qualifying patient's complete fingerprints based on (1) the
14severity of the patient's illness and (2) the inability of the
15qualifying patient to supply those fingerprints, provided that
16a complete criminal background check is conducted by the
17Department of State Police prior to the issuance of a registry
18identification card.
19    (e) The Department of Public Health shall notify the
20qualifying patient who has designated someone to serve as his
21or her designated caregiver if a registry identification card
22will not be issued to the designated caregiver.
23    (f) Denial of an application or renewal is considered a
24final Department action, subject to judicial review.
25Jurisdiction and venue for judicial review are vested in the
26Circuit Court.

 

 

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1(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
299-697, eff. 7-29-16.)
 
3    (410 ILCS 130/75)
4    (Section scheduled to be repealed on July 1, 2020)
5    Sec. 75. Notifications to Department of Public Health and
6responses; civil penalty.
7    (a) The following notifications and Department of Public
8Health responses are required:
9        (1) A registered qualifying patient shall notify the
10    Department of Public Health of any change in his or her
11    name or address, or if the registered qualifying patient
12    ceases to have his or her debilitating medical condition,
13    within 10 days of the change.
14        (2) A registered designated caregiver shall notify the
15    Department of Public Health of any change in his or her
16    name or address, or if the designated caregiver becomes
17    aware the registered qualifying patient passed away,
18    within 10 days of the change.
19        (3) Before a registered qualifying patient changes his
20    or her designated caregiver, the qualifying patient must
21    notify the Department of Public Health.
22        (4) If a cardholder loses his or her registry
23    identification card, he or she shall notify the Department
24    within 10 days of becoming aware the card has been lost.
25    (b) When a cardholder notifies the Department of Public

 

 

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

 

 

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1this Act.
2    (f) If the registered qualifying patient's certifying
3physician notifies the Department in writing that either the
4registered qualifying patient has ceased to suffer from a
5debilitating medical condition, that the bona fide
6physician-patient relationship has terminated, or that
7continued use of medical cannabis would result in
8contraindication with the patient's other medication, the card
9shall become null and void. However, the registered qualifying
10patient shall have 15 days to destroy his or her remaining
11medical cannabis and related paraphernalia.
12(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
13    (410 ILCS 130/130)
14    (Section scheduled to be repealed on July 1, 2020)
15    Sec. 130. Requirements; prohibitions; penalties;
16dispensing organizations.
17    (a) The Department of Financial and Professional
18Regulation shall implement the provisions of this Section by
19rule.
20    (b) A dispensing organization shall maintain operating
21documents which shall include procedures for the oversight of
22the registered dispensing organization and procedures to
23ensure accurate recordkeeping.
24    (c) A dispensing organization shall implement appropriate
25security measures, as provided by rule, to deter and prevent

 

 

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1the theft of cannabis and unauthorized entrance into areas
2containing cannabis.
3    (d) A dispensing organization may not be located within
41,000 feet of the property line of a pre-existing public or
5private preschool or elementary or secondary school or day care
6center, day care home, group day care home, or part day child
7care facility. A registered dispensing organization may not be
8located in a house, apartment, condominium, or an area zoned
9for residential use.
10    (e) A dispensing organization is prohibited from acquiring
11cannabis from anyone other than a registered cultivation
12center. A dispensing organization is prohibited from obtaining
13cannabis from outside the State of Illinois.
14    (f) A registered dispensing organization is prohibited
15from dispensing cannabis for any purpose except to assist
16registered qualifying patients with the medical use of cannabis
17directly or through the qualifying patients' designated
18caregivers.
19    (g) The area in a dispensing organization where medical
20cannabis is stored can only be accessed by dispensing
21organization agents working for the dispensing organization,
22Department of Financial and Professional Regulation staff
23performing inspections, law enforcement or other emergency
24personnel, and contractors working on jobs unrelated to medical
25cannabis, such as installing or maintaining security devices or
26performing electrical wiring.

 

 

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1    (h) A dispensing organization may not dispense more than
22.5 ounces of cannabis to a registered qualifying patient,
3directly or via a designated caregiver, in any 14-day period
4unless the qualifying patient has a Department of Public
5Health-approved quantity waiver.
6    (i) Except as provided in subsection (i-5), before Before
7medical cannabis may be dispensed to a designated caregiver or
8a registered qualifying patient, a dispensing organization
9agent must determine that the individual is a current
10cardholder in the verification system and must verify each of
11the following:
12        (1) that the registry identification card presented to
13    the registered dispensing organization is valid;
14        (2) that the person presenting the card is the person
15    identified on the registry identification card presented
16    to the dispensing organization agent;
17        (3) that the dispensing organization is the designated
18    dispensing organization for the registered qualifying
19    patient who is obtaining the cannabis directly or via his
20    or her designated caregiver; and
21        (4) that the registered qualifying patient has not
22    exceeded his or her adequate supply.
23    (i-5) A dispensing organization may dispense medical
24cannabis to an Opioid Alternative Pilot Program participant
25under Section 62 and to a person presenting proof of
26provisional registration under Section 55. Before dispensing

 

 

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1medical cannabis, the dispensing organization shall comply
2with the requirements of Section 62 or Section 55, whichever is
3applicable, and verify the following:
4        (1) that the written certification presented to the
5    registered dispensing organization is valid and an
6    original document;
7        (2) that the person presenting the written
8    certification is the person identified on the written
9    certification; and
10        (3) that the participant has not exceeded his or her
11    adequate supply.
12    (j) Dispensing organizations shall ensure compliance with
13this limitation by maintaining internal, confidential records
14that include records specifying how much medical cannabis is
15dispensed to the registered qualifying patient and whether it
16was dispensed directly to the registered qualifying patient or
17to the designated caregiver. Each entry must include the date
18and time the cannabis was dispensed. Additional recordkeeping
19requirements may be set by rule.
20    (k) The physician-patient privilege as set forth by Section
218-802 of the Code of Civil Procedure shall apply between a
22qualifying patient and a registered dispensing organization
23and its agents with respect to communications and records
24concerning qualifying patients' debilitating conditions.
25    (l) A dispensing organization may not permit any person to
26consume cannabis on the property of a medical cannabis

 

 

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1organization.
2    (m) A dispensing organization may not share office space
3with or refer patients to a physician.
4    (n) Notwithstanding any other criminal penalties related
5to the unlawful possession of cannabis, the Department of
6Financial and Professional Regulation may revoke, suspend,
7place on probation, reprimand, refuse to issue or renew, or
8take any other disciplinary or non-disciplinary action as the
9Department of Financial and Professional Regulation may deem
10proper with regard to the registration of any person issued
11under this Act to operate a dispensing organization or act as a
12dispensing organization agent, including imposing fines not to
13exceed $10,000 for each violation, for any violations of this
14Act and rules adopted in accordance with this Act. The
15procedures for disciplining a registered dispensing
16organization shall be determined by rule. All final
17administrative decisions of the Department of Financial and
18Professional Regulation are subject to judicial review under
19the Administrative Review Law and its rules. The term
20"administrative decision" is defined as in Section 3-101 of the
21Code of Civil Procedure.
22    (o) Dispensing organizations are subject to random
23inspection and cannabis testing by the Department of Financial
24and Professional Regulation and State Police as provided by
25rule.
26(Source: P.A. 98-122, eff. 1-1-14.)
 

 

 

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1    (410 ILCS 130/160)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 160. Annual reports. (a) The Department of Public
4Health shall submit to the General Assembly a report, by
5September 30 of each year, that does not disclose any
6identifying information about registered qualifying patients,
7registered caregivers, or physicians, but does contain, at a
8minimum, all of the following information based on the fiscal
9year for reporting purposes:
10        (1) the number of applications and renewals filed for
11    registry identification cards or registrations;
12        (2) the number of qualifying patients and designated
13    caregivers served by each dispensary during the report
14    year;
15        (3) the nature of the debilitating medical conditions
16    of the qualifying patients;
17        (4) the number of registry identification cards or
18    registrations revoked for misconduct;
19        (5) the number of physicians providing written
20    certifications for qualifying patients; and
21        (6) the number of registered medical cannabis
22    cultivation centers or registered dispensing
23    organizations; .
24        (7) the number of Opioid Alternative Pilot Program
25    participants.

 

 

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1(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.