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Public Act 100-1114 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be referred to as the | ||||
Alternatives
to Opioids Act of 2018. | ||||
Section 10. The Illinois Procurement Code is amended by | ||||
changing Section 1-10 as follows:
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(30 ILCS 500/1-10)
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Sec. 1-10. Application.
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(a) This Code applies only to procurements for which | ||||
bidders, offerors, potential contractors, or contractors were | ||||
first
solicited on or after July 1, 1998. This Code shall not | ||||
be construed to affect
or impair any contract, or any provision | ||||
of a contract, entered into based on a
solicitation prior to | ||||
the implementation date of this Code as described in
Article | ||||
99, including but not limited to any covenant entered into with | ||||
respect
to any revenue bonds or similar instruments.
All | ||||
procurements for which contracts are solicited between the | ||||
effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||
substantially in accordance
with this Code and its intent.
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(b) This Code shall apply regardless of the source of the | ||||
funds with which
the contracts are paid, including federal |
assistance moneys. This
Code shall
not apply to:
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(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State | ||
governmental bodies, except as specifically provided in | ||
this Code.
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(2) Grants, except for the filing requirements of | ||
Section 20-80.
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(3) Purchase of care, except as provided in Section | ||
5-30.6 of the Illinois Public Aid
Code and this Section.
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(4) Hiring of an individual as employee and not as an | ||
independent
contractor, whether pursuant to an employment | ||
code or policy or by contract
directly with that | ||
individual.
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(5) Collective bargaining contracts.
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(6) Purchase of real estate, except that notice of this | ||
type of contract with a value of more than $25,000 must be | ||
published in the Procurement Bulletin within 10 calendar | ||
days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract.
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(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement
actions, or investigations, | ||
provided
that the chief legal counsel to the Governor shall | ||
give his or her prior
approval when the procuring agency is |
one subject to the jurisdiction of the
Governor, and | ||
provided that the chief legal counsel of any other | ||
procuring
entity
subject to this Code shall give his or her | ||
prior approval when the procuring
entity is not one subject | ||
to the jurisdiction of the Governor.
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(8) (Blank).
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(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
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(10) (Blank). | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) Contracts for legal, financial, and other | ||
professional and artistic services entered into on or | ||
before December 31, 2018 by the Illinois Finance Authority | ||
in which the State of Illinois is not obligated. Such | ||
contracts shall be awarded through a competitive process | ||
authorized by the Board of the Illinois Finance Authority | ||
and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||
50-35, and 50-37 of this Code, as well as the final | ||
approval by the Board of the Illinois Finance Authority of | ||
the terms of the contract. | ||
(13) Contracts for services, commodities, and |
equipment to support the delivery of timely forensic | ||
science services in consultation with and subject to the | ||
approval of the Chief Procurement Officer as provided in | ||
subsection (d) of Section 5-4-3a of the Unified Code of | ||
Corrections, except for the requirements of Sections | ||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||
Code; however, the Chief Procurement Officer may, in | ||
writing with justification, waive any certification | ||
required under Article 50 of this Code. For any contracts | ||
for services which are currently provided by members of a | ||
collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning | ||
subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. | ||
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that requires | ||
the State to reimburse the railroad or utilities for the | ||
relocation of utilities for construction or other public | ||
purpose. Contracts included within this paragraph (15) | ||
shall include, but not be limited to, those associated | ||
with: relocations, crossings, installations, and | ||
maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground |
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in | ||
Section 13-212 of the Public Utilities Act, (5) rural water | ||
or waste water systems with 10,000 connections or less, (6) | ||
a holder as defined in Section 21-201 of the Public | ||
Utilities Act, and (7) municipalities owning or operating | ||
utility systems consisting of public utilities as that term | ||
is defined in Section 11-117-2 of the Illinois Municipal | ||
Code. | ||
(16) Procurement expenditures necessary for the | ||
Department of Agriculture, the Department of Financial and | ||
Professional Regulation, the Department of Human Services, | ||
and the Department of Public Health to implement the | ||
Compassionate Use of Medical Cannabis Pilot Program and | ||
Opioid Alternative Pilot Program requirements and ensure | ||
access to medical cannabis for patients with debilitating | ||
medical conditions in accordance with the Compassionate | ||
Use of Medical Cannabis Pilot Program Act. | ||
Notwithstanding any other provision of law, for contracts | ||
entered into on or after October 1, 2017 under an exemption | ||
provided in any paragraph of this subsection (b), except |
paragraph (1), (2), or (5), each State agency shall post to the | ||
appropriate procurement bulletin the name of the contractor, a | ||
description of the supply or service provided, the total amount | ||
of the contract, the term of the contract, and the exception to | ||
the Code utilized. The chief procurement officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the chief | ||
procurement officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois | ||
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related to | ||
the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 of | ||
the Public Utilities Act, including calculating the range of | ||
capital costs, the range of operating and maintenance costs, or |
the sequestration costs or monitoring the construction of clean | ||
coal SNG brownfield facility for the full duration of | ||
construction. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client | ||
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works | ||
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private | ||
funds" means funds derived from deposits paid into the Illinois |
Prepaid Tuition Trust Fund and the earnings thereon. | ||
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17; | ||
100-580, eff. 3-12-18.)
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Section 15. The Compassionate Use of Medical Cannabis Pilot | ||
Program Act is amended by changing Sections 5, 7, 10, 35, 55, | ||
60, 65, 75, 130, and 160 and by adding Sections 36 and 62 as | ||
follows: | ||
(410 ILCS 130/5) | ||
(Section scheduled to be repealed on July 1, 2020)
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Sec. 5. Findings.
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(a) The recorded use of cannabis as a medicine goes back | ||
nearly 5,000 years. Modern medical research has confirmed the | ||
beneficial uses of cannabis in treating or alleviating the | ||
pain, nausea, and other symptoms associated with a variety of | ||
debilitating medical conditions, including cancer, multiple | ||
sclerosis, and HIV/AIDS, as found by the National Academy of | ||
Sciences' Institute of Medicine in March 1999.
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(b) Studies published since the 1999 Institute of Medicine | ||
report continue to show the therapeutic value of cannabis in | ||
treating a wide array of debilitating medical conditions. These | ||
include relief of the neuropathic pain caused by multiple | ||
sclerosis, HIV/AIDS, and other illnesses that often fail to | ||
respond to conventional treatments and relief of nausea, | ||
vomiting, and other side effects of drugs used to treat |
HIV/AIDS and hepatitis C, increasing the chances of patients | ||
continuing on life-saving treatment regimens.
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(c) Cannabis has many currently accepted medical uses in | ||
the United States, having been recommended by thousands of | ||
licensed physicians to at least 600,000 patients in states with | ||
medical cannabis laws. The medical utility of cannabis is | ||
recognized by a wide range of medical and public health | ||
organizations, including the American Academy of HIV Medicine, | ||
the American College of Physicians, the American Nurses | ||
Association, the American Public Health Association, the | ||
Leukemia & Lymphoma Society, and many others.
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(d) Data from the Federal Bureau of Investigation's Uniform | ||
Crime Reports and the Compendium of Federal Justice Statistics | ||
show that approximately 99 out of every 100 cannabis arrests in | ||
the U.S. are made under state law, rather than under federal | ||
law. Consequently, changing State law will have the practical | ||
effect of protecting from arrest the vast majority of seriously | ||
ill patients who have a medical need to use cannabis.
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(d-5) In 2014, the Task Force on Veterans' Suicide was | ||
created by the Illinois General Assembly to gather data on | ||
veterans' suicide prevention. Data from a U.S. Department of | ||
Veterans Affairs study indicates that 22 veterans commit | ||
suicide each day. | ||
(d-10) According to the State of Illinois Opioid Action
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Plan released in September 2017, "The opioid epidemic is the
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most significant public health and public safety crisis facing
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Illinois".
According to the Action Plan, "Fueled by the growing | ||
opioid
epidemic, drug overdoses have now become the leading | ||
cause of
death nationwide for people under the age of 50. In | ||
Illinois,
opioid overdoses have killed nearly 11,000 people | ||
since 2008.
Just last year, nearly 1,900 people died of | ||
overdoses—almost
twice the number of fatal car accidents. | ||
Beyond these deaths
are thousands of emergency department | ||
visits, hospital stays,
as well as the pain suffered by | ||
individuals, families, and
communities". | ||
According to the Action Plan, "At the current rate, the
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opioid epidemic will claim the lives of more than 2,700
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Illinoisans in 2020". | ||
Further, the Action Plan states, "Physical tolerance to
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opioids can begin to develop as early as two to three days
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following the continuous use of opioids, which is a large
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factor that contributes to their addictive potential". | ||
The 2017 State of Illinois Opioid Action Plan also states,
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"The increase in OUD [opioid use disorder] and opioid overdose
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deaths is largely due to the dramatic rise in the rate and
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amount of opioids prescribed for pain over the past decades". | ||
Further, according to the Action Plan, "In the absence of
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alternative treatments, reducing the supply of prescription | ||
opioids too abruptly may drive more people to switch to using
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illicit drugs (including heroin), thus increasing the risk of
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overdose". | ||
(e) Alaska, Arizona, California, Colorado, Connecticut, |
Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||
Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||
Washington, and Washington, D.C. have removed state-level | ||
criminal penalties from the medical use and cultivation of | ||
cannabis. Illinois joins in this effort for the health and | ||
welfare of its citizens.
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(f) States are not required to enforce federal law or | ||
prosecute people for engaging in activities prohibited by | ||
federal law. Therefore, compliance with this Act does not put | ||
the State of Illinois in violation of federal law.
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(g) State law should make a distinction between the medical | ||
and non-medical uses of cannabis. Hence, the purpose of this | ||
Act is to protect patients with debilitating medical | ||
conditions, as well as their physicians and providers, from | ||
arrest and prosecution, criminal and other penalties, and | ||
property forfeiture if the patients engage in the medical use | ||
of cannabis.
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(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.) | ||
(410 ILCS 130/7) | ||
(Section scheduled to be repealed on July 1, 2020) | ||
Sec. 7. Lawful user and lawful products. For the purposes | ||
of this Act and to clarify the legislative findings on the | ||
lawful use of cannabis: | ||
(1) A cardholder under this Act shall not be considered | ||
an unlawful user or addicted to narcotics solely as a |
result of his or her qualifying patient or designated | ||
caregiver status. | ||
(2) All medical cannabis products purchased by a | ||
qualifying patient at a licensed dispensing organization | ||
shall be lawful products and a distinction shall be made | ||
between medical and non-medical uses of cannabis as a | ||
result of the qualifying patient's cardholder status , | ||
provisional registration for qualifying patient cardholder | ||
status, or participation in the Opioid Alternative Pilot | ||
Program under the authorized use granted under State law. | ||
(3) An individual with a provisional registration for | ||
qualifying patient cardholder status, a qualifying patient | ||
in the medical cannabis pilot program, or an Opioid | ||
Alternative Pilot
Program participant under Section 62 | ||
shall not be considered an unlawful user or addicted
to | ||
narcotics solely as a result of his or her application to | ||
or participation in the program.
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(Source: P.A. 99-519, eff. 6-30-16.) | ||
(410 ILCS 130/10) | ||
(Section scheduled to be repealed on July 1, 2020)
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Sec. 10. Definitions. The following terms, as used in this | ||
Act, shall have the meanings set forth in this Section:
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(a) "Adequate supply" means:
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(1) 2.5 ounces of usable cannabis during a period of 14 | ||
days and that is derived solely from an intrastate source.
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(2) Subject to the rules of the Department of Public | ||
Health, a patient may apply for a waiver where a physician | ||
provides a substantial medical basis in a signed, written | ||
statement asserting that, based on the patient's medical | ||
history, in the physician's professional judgment, 2.5 | ||
ounces is an insufficient adequate supply for a 14-day | ||
period to properly alleviate the patient's debilitating | ||
medical condition or symptoms associated with the | ||
debilitating medical condition.
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(3) This subsection may not be construed to authorize | ||
the possession of more than 2.5 ounces at any time without | ||
authority from the Department of Public Health.
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(4) The pre-mixed weight of medical cannabis used in | ||
making a cannabis infused product shall apply toward the | ||
limit on the total amount of medical cannabis a registered | ||
qualifying patient may possess at any one time. | ||
(b) "Cannabis" has the meaning given that term in Section 3 | ||
of the Cannabis Control Act.
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(c) "Cannabis plant monitoring system" means a system that | ||
includes, but is not limited to, testing and data collection | ||
established and maintained by the registered cultivation | ||
center and available to the Department for the purposes of | ||
documenting each cannabis plant and for monitoring plant | ||
development throughout the life cycle of a cannabis plant | ||
cultivated for the intended use by a qualifying patient from | ||
seed planting to final packaging.
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(d) "Cardholder" means a qualifying patient or a designated | ||
caregiver who has been issued and possesses a valid registry | ||
identification card by the Department of Public Health.
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(e) "Cultivation center" means a facility operated by an | ||
organization or business that is registered by the Department | ||
of Agriculture to perform necessary activities to provide only | ||
registered medical cannabis dispensing organizations with | ||
usable medical cannabis.
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(f) "Cultivation center agent" means a principal officer, | ||
board member, employee, or agent of a registered cultivation | ||
center who is 21 years of age or older and has not been | ||
convicted of an excluded offense.
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(g) "Cultivation center agent identification card" means a | ||
document issued by the Department of Agriculture that | ||
identifies a person as a cultivation center agent.
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(h) "Debilitating medical condition" means one or more of | ||
the following: | ||
(1) cancer, glaucoma, positive status for human | ||
immunodeficiency virus, acquired immune deficiency | ||
syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||
Crohn's disease, agitation of Alzheimer's disease, | ||
cachexia/wasting syndrome, muscular dystrophy, severe | ||
fibromyalgia, spinal cord disease, including but not | ||
limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||
syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||
spinal cord injury, traumatic brain injury and |
post-concussion syndrome, Multiple Sclerosis, | ||
Arnold-Chiari malformation and Syringomyelia, | ||
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||
(Complex Regional Pain Syndromes Type II), | ||
Neurofibromatosis, Chronic Inflammatory Demyelinating | ||
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||
syndrome, residual limb pain, seizures (including those | ||
characteristic of epilepsy), post-traumatic stress | ||
disorder (PTSD), or the treatment of these conditions;
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(1.5) terminal illness with a diagnosis of 6 months or | ||
less; if the terminal illness is not one of the qualifying | ||
debilitating medical conditions, then the physician shall | ||
on the certification form identify the cause of the | ||
terminal illness; or | ||
(2) any other debilitating medical condition or its | ||
treatment that is added by the Department of Public Health | ||
by rule as provided in Section 45. | ||
(i) "Designated caregiver" means a person who: (1) is at | ||
least 21 years of age; (2) has agreed to assist with a | ||
patient's medical use of cannabis; (3) has not been convicted | ||
of an excluded offense; and (4) assists no more than one | ||
registered qualifying patient with his or her medical use of | ||
cannabis.
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(j) "Dispensing organization agent identification card" | ||
means a document issued by the Department of Financial and | ||
Professional Regulation that identifies a person as a medical | ||
cannabis dispensing organization agent.
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(k) "Enclosed, locked facility" means a room, greenhouse, | ||
building, or other enclosed area equipped with locks or other | ||
security devices that permit access only by a cultivation | ||
center's agents or a dispensing organization's agent working | ||
for the registered cultivation center or the registered | ||
dispensing organization to cultivate, store, and distribute | ||
cannabis for registered qualifying patients.
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(l) "Excluded offense" for cultivation center agents and | ||
dispensing organizations means:
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(1) a violent crime defined in Section 3 of the Rights | ||
of Crime Victims and Witnesses Act or a substantially | ||
similar offense that was classified as a felony in the | ||
jurisdiction where the person was convicted; or
| ||
(2) a violation of a state or federal controlled | ||
substance law, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act that | ||
was classified as a felony in the jurisdiction where the | ||
person was convicted, except that the registering | ||
Department may waive this restriction if the person | ||
demonstrates to the registering Department's satisfaction | ||
that his or her conviction was for the possession, | ||
cultivation, transfer, or delivery of a reasonable amount |
of cannabis intended for medical use. This exception does | ||
not apply if the conviction was under state law and | ||
involved a violation of an existing medical cannabis law.
| ||
For purposes of this subsection, the Department of Public | ||
Health shall determine by emergency rule within 30 days after | ||
the effective date of this amendatory Act of the 99th General | ||
Assembly what constitutes a "reasonable amount". | ||
(l-5) (Blank). "Excluded offense" for a qualifying patient | ||
or designated caregiver means a violation of state or federal | ||
controlled substance law, the Cannabis Control Act, or the | ||
Methamphetamine and Community Protection Act that was | ||
classified as a felony in the jurisdiction where the person was | ||
convicted, except that the registering Department may waive | ||
this restriction if the person demonstrates to the registering | ||
Department's satisfaction that his or her conviction was for | ||
the possession, cultivation, transfer, or delivery of a | ||
reasonable amount of cannabis intended for medical use. This | ||
exception does not apply if the conviction was under state law | ||
and involved a violation of an existing medical cannabis law. | ||
For purposes of this subsection, the Department of Public | ||
Health shall determine by emergency rule within 30 days after | ||
the effective date of this amendatory Act of the 99th General | ||
Assembly what constitutes a "reasonable amount". | ||
(l-10) "Illinois Cannabis Tracking System" means a | ||
web-based system established and maintained by the Department | ||
of Public Health that is available to the Department of |
Agriculture, the Department of Financial and Professional | ||
Regulation, the Illinois State Police, and registered medical | ||
cannabis dispensing organizations on a 24-hour basis to upload | ||
written certifications for Opioid Alternative Pilot Program | ||
participants, to verify Opioid Alternative Pilot Program | ||
participants, to verify Opioid Alternative Pilot Program | ||
participants' available cannabis allotment and assigned | ||
dispensary, and the tracking of the date of sale, amount, and | ||
price of medical cannabis purchased by an Opioid Alternative | ||
Pilot Program participant. | ||
(m) "Medical cannabis cultivation center registration" | ||
means a registration issued by the Department of Agriculture. | ||
(n) "Medical cannabis container" means a sealed, | ||
traceable, food compliant, tamper resistant, tamper evident | ||
container, or package used for the purpose of containment of | ||
medical cannabis from a cultivation center to a dispensing | ||
organization.
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(o) "Medical cannabis dispensing organization", or | ||
"dispensing organization", or "dispensary organization" means | ||
a facility operated by an organization or business that is | ||
registered by the Department of Financial and Professional | ||
Regulation to acquire medical cannabis from a registered | ||
cultivation center for the purpose of dispensing cannabis, | ||
paraphernalia, or related supplies and educational materials | ||
to registered qualifying patients , individuals with a | ||
provisional registration for qualifying patient cardholder |
status, or an Opioid Alternative Pilot Program participant .
| ||
(p) "Medical cannabis dispensing organization agent" or | ||
"dispensing organization agent" means a principal officer, | ||
board member, employee, or agent of a registered medical | ||
cannabis dispensing organization who is 21 years of age or | ||
older and has not been convicted of an excluded offense.
| ||
(q) "Medical cannabis infused product" means food, oils, | ||
ointments, or other products containing usable cannabis that | ||
are not smoked.
| ||
(r) "Medical use" means the acquisition; administration; | ||
delivery; possession; transfer; transportation; or use of | ||
cannabis to treat or alleviate a registered qualifying | ||
patient's debilitating medical condition or symptoms | ||
associated with the patient's debilitating medical condition.
| ||
(r-5) "Opioid" means a narcotic drug or substance that is a
| ||
Schedule II controlled substance under paragraph (1), (2), (3),
| ||
or (5) of subsection (b) or under subsection (c) of Section 206
| ||
of the Illinois Controlled Substances Act. | ||
(r-10) "Opioid Alternative Pilot Program participant" | ||
means an individual who has
received a valid written | ||
certification to participate in the Opioid Alternative Pilot | ||
Program for a medical condition for
which an opioid has been or | ||
could be prescribed by a physician
based on generally accepted | ||
standards of care. | ||
(s) "Physician" means a doctor of medicine or doctor of | ||
osteopathy licensed under the Medical Practice Act of 1987 to |
practice medicine and who has a controlled substances license | ||
under Article III of the Illinois Controlled Substances Act. It | ||
does not include a licensed practitioner under any other Act | ||
including but not limited to the Illinois Dental Practice Act.
| ||
(s-5) "Provisional registration" means a document issued | ||
by the Department of Public Health to a qualifying patient who | ||
has submitted: (1) an online application and paid a fee to | ||
participate in Compassionate Use of Medical Cannabis Pilot | ||
Program pending approval or denial of the patient's | ||
application; or (2) a completed application for terminal | ||
illness. | ||
(t) "Qualifying patient" means a person who has been | ||
diagnosed by a physician as having a debilitating medical | ||
condition.
| ||
(u) "Registered" means licensed, permitted, or otherwise | ||
certified by the Department of Agriculture, Department of | ||
Public Health, or Department of Financial and Professional | ||
Regulation.
| ||
(v) "Registry identification card" means a document issued | ||
by the Department of Public Health that identifies a person as | ||
a registered qualifying patient or registered designated | ||
caregiver.
| ||
(w) "Usable cannabis" means the seeds, leaves, buds, and | ||
flowers of the cannabis plant and any mixture or preparation | ||
thereof, but does not include the stalks, and roots of the | ||
plant. It does not include the weight of any non-cannabis |
ingredients combined with cannabis, such as ingredients added | ||
to prepare a topical administration, food, or drink.
| ||
(x) "Verification system" means a Web-based system | ||
established and maintained by the Department of Public Health | ||
that is available to the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, law | ||
enforcement personnel, and registered medical cannabis | ||
dispensing organization agents on a 24-hour basis for the | ||
verification of registry
identification cards, the tracking of | ||
delivery of medical cannabis to medical cannabis dispensing | ||
organizations, and the tracking of the date of sale, amount, | ||
and price of medical cannabis purchased by a registered | ||
qualifying patient.
| ||
(y) "Written certification" means a document dated and | ||
signed by a physician, stating (1) that the qualifying patient | ||
has a debilitating medical condition and specifying the | ||
debilitating medical condition the qualifying patient has; and | ||
(2) that (A) the physician is treating or managing treatment of | ||
the patient's debilitating medical condition ; or (B) an Opioid | ||
Alternative Pilot Program participant has a medical condition | ||
for which opioids have been or could be prescribed . A written | ||
certification shall be made only in the course of a bona fide | ||
physician-patient relationship, after the physician has | ||
completed an assessment of either a the qualifying patient's | ||
medical history or Opioid Alternative Pilot Program | ||
participant , reviewed relevant records related to the |
patient's debilitating condition, and conducted a physical | ||
examination. | ||
(z) "Bona fide physician-patient relationship" means a
| ||
relationship established at a hospital, physician's office, or | ||
other health care facility in which the physician has an | ||
ongoing responsibility for the assessment, care, and treatment | ||
of a
patient's debilitating medical condition or a symptom of | ||
the
patient's debilitating medical condition. | ||
A veteran who has received treatment at a VA hospital shall | ||
be deemed to have a bona fide physician-patient relationship | ||
with a VA physician if the patient has been seen for his or her | ||
debilitating medical condition at the VA Hospital in accordance | ||
with VA Hospital protocols. | ||
A bona fide physician-patient relationship under this | ||
subsection is a privileged communication within the meaning of | ||
Section 8-802 of the Code of Civil Procedure.
| ||
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||
eff. 6-30-16.) | ||
(410 ILCS 130/35) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 35. Physician requirements.
| ||
(a) A physician who certifies a debilitating medical | ||
condition for a qualifying patient shall comply with all of the | ||
following requirements:
| ||
(1) The Physician shall be currently licensed under the |
Medical Practice Act of 1987 to practice medicine in all | ||
its branches and in good standing, and must hold a | ||
controlled substances license under Article III of the | ||
Illinois Controlled Substances Act.
| ||
(2) A physician certifying a patient's condition shall | ||
comply with generally accepted standards of medical | ||
practice, the provisions of the Medical Practice Act of | ||
1987 and all applicable rules.
| ||
(3) The physical examination required by this Act may | ||
not be performed by remote means, including telemedicine.
| ||
(4) The physician shall maintain a record-keeping | ||
system for all patients for whom the physician has | ||
certified the patient's medical condition. These records | ||
shall be accessible to and subject to review by the | ||
Department of Public Health and the Department of Financial | ||
and Professional Regulation upon request.
| ||
(b) A physician may not:
| ||
(1) accept, solicit, or offer any form of remuneration | ||
from or to a qualifying patient, primary caregiver, | ||
cultivation center, or dispensing organization, including | ||
each principal officer, board member, agent, and employee, | ||
to certify a patient, other than accepting payment from a | ||
patient for the fee associated with the required | ||
examination; | ||
(2) offer a discount of any other item of value to a | ||
qualifying patient who uses or agrees to use a particular |
primary caregiver or dispensing organization to obtain | ||
medical cannabis;
| ||
(3) conduct a personal physical examination of a | ||
patient for purposes of diagnosing a debilitating medical | ||
condition at a location where medical cannabis is sold or | ||
distributed or at the address of a principal officer, | ||
agent, or employee or a medical cannabis organization;
| ||
(4) hold a direct or indirect economic interest in a | ||
cultivation center or dispensing organization if he or she | ||
recommends the use of medical cannabis to qualified | ||
patients or is in a partnership or other fee or | ||
profit-sharing relationship with a physician who | ||
recommends medical cannabis, except for the limited | ||
purpose of performing a medical cannabis related research | ||
study;
| ||
(5) serve on the board of directors or as an employee | ||
of a cultivation center or dispensing organization;
| ||
(6) refer patients to a cultivation center, a | ||
dispensing organization, or a registered designated | ||
caregiver;
or | ||
(7) advertise in a cultivation center or a dispensing | ||
organization.
| ||
(c) The Department of Public Health may with reasonable | ||
cause refer a physician, who has certified a debilitating | ||
medical condition of a patient, to the Illinois Department of | ||
Financial and Professional Regulation for potential violations |
of this Section.
| ||
(d) Any violation of this Section or any other provision of | ||
this Act or rules adopted under this Act is a violation of the | ||
Medical Practice Act of 1987.
| ||
(e) A physician who certifies a debilitating medical | ||
condition for a qualifying patient may notify the Department of | ||
Public Health in writing: (1) if the physician has reason to | ||
believe either that the
registered qualifying patient has | ||
ceased to suffer from a
debilitating medical condition; (2) | ||
that the bona fide physician-patient relationship has | ||
terminated; or (3) that continued use of medical cannabis would | ||
result in contraindication with the patient's
other | ||
medication. The registered qualifying patient's registry
| ||
identification card shall be revoked by the Department of | ||
Public Health after receiving the physician's notification. | ||
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||
99-519, eff. 6-30-16.) | ||
(410 ILCS 130/36 new) | ||
Sec. 36. Written certification. | ||
(a) A certification confirming a patient's debilitating | ||
medical condition shall be written on a form provided by the | ||
Department of Public Health and shall include, at a minimum, | ||
the following: | ||
(1) the qualifying patient's name, date of birth, home | ||
address, and primary telephone number; |
(2) the physician's name, address, telephone number, | ||
email address, medical license number, and active | ||
controlled substances license under the Illinois | ||
Controlled Substances Act and indication of specialty or | ||
primary area of clinical practice, if any; | ||
(3) the qualifying patient's debilitating medical | ||
condition; | ||
(4) a statement that the physician has confirmed a | ||
diagnosis of a debilitating condition; is treating or | ||
managing treatment of the patient's debilitating | ||
condition; has a bona fide physician-patient relationship; | ||
has conducted an in-person physical examination; and has | ||
conducted a review of the patient's medical history, | ||
including reviewing medical records from other treating | ||
physicians, if any, from the previous 12 months; | ||
(5) the physician's signature and date of | ||
certification; and | ||
(6) a statement that a participant in possession of a | ||
written certification indicating a debilitating medical | ||
condition shall not be considered an unlawful user or | ||
addicted to narcotics solely as a result of his or her | ||
pending application to or participation in the | ||
Compassionate Use of Medical Cannabis Pilot Program. | ||
(b) A written certification does not constitute a | ||
prescription for medical cannabis. | ||
(c) Applications for qualifying patients under 18 years old |
shall require a written certification from a physician and a | ||
reviewing physician. | ||
(d) A certification confirming the patient's eligibility | ||
to participate in the Opioid Alternative Pilot Program shall be | ||
written on a form provided by the Department of Public Health | ||
and shall include, at a minimum, the following: | ||
(1) the participant's name, date of birth, home | ||
address, and primary telephone number; | ||
(2) the physician's name, address, telephone number, | ||
email address, medical license number, and active | ||
controlled substances license under the Illinois | ||
Controlled Substances Act and indication of specialty or | ||
primary area of clinical practice, if any; | ||
(3) the physician's signature and date; | ||
(4) the length of participation in the program, which | ||
shall be limited to no more than 90 days; | ||
(5) a statement identifying the patient has been | ||
diagnosed with and is currently undergoing treatment for a | ||
medical condition where an opioid has been or could be | ||
prescribed; and | ||
(6) a statement that a participant in possession of a | ||
written certification indicating eligibility to | ||
participate in the Opioid Alternative Pilot Program shall | ||
not be considered an unlawful user or addicted to narcotics | ||
solely as a result of his or her eligibility or | ||
participation in the program. |
(e) The Department of Public Health may provide a single | ||
certification form for subsections (a) and (d) of this Section, | ||
provided that all requirements of those subsections are | ||
included on the form. | ||
(f) The Department of Public Health shall not include the | ||
word "cannabis" on any application forms or written | ||
certification forms that it issues under this Section. | ||
(g) A written certification does not constitute a | ||
prescription. | ||
(h) It is unlawful for any person to knowingly submit a | ||
fraudulent certification to be a qualifying patient in the | ||
Compassionate Use of Medical Cannabis Pilot Program or an | ||
Opioid Alternative Pilot Program participant. A violation of | ||
this subsection shall result in the person who has knowingly | ||
submitted the fraudulent certification being permanently | ||
banned from participating in the Compassionate Use of Medical | ||
Cannabis Pilot Program or the Opioid Alternative Pilot Program. | ||
(410 ILCS 130/55) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 55. Registration of qualifying patients and | ||
designated caregivers.
| ||
(a) The Department of Public Health shall issue registry | ||
identification cards to qualifying patients and designated | ||
caregivers who submit a completed application, and at minimum, | ||
the following, in accordance with Department of Public Health |
rules:
| ||
(1) A written certification, on a form developed by the | ||
Department of Public Health consistent with Section 36 and | ||
issued by a physician, within 90 days immediately preceding | ||
the date of an application;
| ||
(2) upon the execution of applicable privacy waivers, | ||
the patient's medical documentation related to his or her | ||
debilitating condition and any other information that may | ||
be reasonably required by the Department of Public Health | ||
to confirm that the physician and patient have a bona fide | ||
physician-patient relationship, that the qualifying | ||
patient is in the physician's care for his or her | ||
debilitating medical condition, and to substantiate the | ||
patient's diagnosis;
| ||
(3) the application or renewal fee as set by rule;
| ||
(4) the name, address, date of birth, and social | ||
security number of the qualifying patient, except that if | ||
the applicant is homeless no address is required;
| ||
(5) the name, address, and telephone number of the | ||
qualifying patient's physician;
| ||
(6) the name, address, and date of birth of the | ||
designated caregiver, if any, chosen by the qualifying | ||
patient;
| ||
(7) the name of the registered medical cannabis | ||
dispensing organization the qualifying patient designates;
| ||
(8) signed statements from the patient and designated |
caregiver asserting that they will not divert medical | ||
cannabis; and
| ||
(9) (blank). completed background checks for the | ||
patient and designated caregiver.
| ||
(b) Notwithstanding any other provision of this Act, a | ||
person provided a written certification for a debilitating | ||
medical condition who has submitted a completed online | ||
application to the Department of Public Health shall receive a | ||
provisional registration and be entitled to purchase medical | ||
cannabis from a specified licensed dispensing organization for | ||
a period of 90 days or until his or her application has been | ||
denied or he or she receives a registry identification card, | ||
whichever is earlier. However, a person may obtain an | ||
additional provisional registration after the expiration of 90 | ||
days after the date of application if the Department of Public | ||
Health does not provide the individual with a registry | ||
identification card or deny the individual's application | ||
within those 90 days. | ||
The provisional registration may not be extended if the | ||
individual does not respond to the Department of Public | ||
Health's request for additional information or corrections to | ||
required application documentation. | ||
In order for a person to receive medical cannabis under | ||
this subsection, a person must present his or her provisional | ||
registration along with a valid driver's license or State | ||
identification card to the licensed dispensing organization |
specified in his or her application. The dispensing | ||
organization shall verify the person's provisional | ||
registration through the Department of Public Health's online | ||
verification system. | ||
Upon verification of the provided documents, the | ||
dispensing organization shall dispense no more than 2.5 ounces | ||
of medical cannabis during a 14-day period to the person for a | ||
period of 90 days, until his or her application has been | ||
denied, or until he or she receives a registry identification | ||
card from the Department of Public Health, whichever is | ||
earlier. | ||
Persons with provisional registrations must keep their | ||
provisional registration in his or her possession at all times | ||
when transporting or engaging in the medical use of cannabis. | ||
(c) No person or business shall charge a fee for assistance | ||
in the preparation, compilation, or submission of an | ||
application to the Compassionate Use of Medical Cannabis Pilot | ||
Program or the Opioid Alternative Pilot Program. A violation of | ||
this subsection is a Class C misdemeanor, for which restitution | ||
to the applicant and a fine of up to $1,500 may be imposed. All | ||
fines shall be deposited into the Compassionate Use of Medical | ||
Cannabis Fund after restitution has been made to the applicant. | ||
The Department of Public Health shall refer individuals making | ||
complaints against a person or business under this Section to | ||
the Illinois State Police, who shall enforce violations of this | ||
provision. All application forms issued by the Department shall |
state that no person or business may charge a fee for | ||
assistance in the preparation, compilation, or submission of an | ||
application to the Compassionate Use of Medical Cannabis Pilot | ||
Program or the Opioid Alternative Pilot Program. | ||
(Source: P.A. 98-122, eff. 1-1-14 .) | ||
(410 ILCS 130/60) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 60. Issuance of registry identification cards.
| ||
(a) Except as provided in subsection (b), the Department of | ||
Public Health shall:
| ||
(1) verify the information contained in an application | ||
or renewal for a registry identification card submitted | ||
under this Act, and approve or deny an application or | ||
renewal, within 90 30 days of receiving a completed | ||
application or renewal application and all supporting | ||
documentation specified in Section 55;
| ||
(2) issue registry identification cards to a | ||
qualifying patient and his or her designated caregiver, if | ||
any, within 15 business days of approving the application | ||
or renewal;
| ||
(3) enter the registry identification number of the | ||
registered dispensing organization the patient designates | ||
into the verification system; and
| ||
(4) allow for an electronic application process, and | ||
provide a confirmation by electronic or other methods that |
an application has been submitted.
| ||
(b) The Department of Public Health may not issue a | ||
registry identification card to a qualifying patient who is | ||
under 18 years of age, unless that patient suffers from | ||
seizures, including those characteristic of epilepsy, or as | ||
provided by administrative rule. The Department of Public | ||
Health shall adopt rules for the issuance of a registry | ||
identification card for qualifying patients who are under 18 | ||
years of age and suffering from seizures, including those | ||
characteristic of epilepsy.
The Department of Public Health may | ||
adopt rules to allow other individuals under 18 years of age to | ||
become registered qualifying patients under this Act with the | ||
consent of a parent or legal guardian. Registered qualifying | ||
patients under 18 years of age shall be prohibited from | ||
consuming forms of cannabis other than medical cannabis infused | ||
products and purchasing any usable cannabis. | ||
(c) A veteran who has received treatment at a VA hospital | ||
is deemed to have a bona fide physician-patient relationship | ||
with a VA physician if the patient has been seen for his or her | ||
debilitating medical condition at the VA hospital in accordance | ||
with VA hospital protocols.
All reasonable inferences | ||
regarding the existence of a bona fide physician-patient | ||
relationship shall be drawn in favor of an applicant who is a | ||
veteran and has undergone treatment at a VA hospital.
| ||
(c-10) An individual who submits an application as someone | ||
who is terminally ill shall have all fees and fingerprinting |
requirements waived. The Department of Public Health shall | ||
within 30 days after this amendatory Act of the 99th General | ||
Assembly adopt emergency rules to expedite approval for | ||
terminally ill individuals. These rules shall include, but not | ||
be limited to, rules that provide that applications by | ||
individuals with terminal illnesses shall be approved or denied | ||
within 14 days of their submission. | ||
(d) Upon the approval of the registration and issuance of a | ||
registry card under this Section, the Department of Public | ||
Health shall forward the designated caregiver or registered | ||
qualified patient's driver's registration number to the | ||
Secretary of State and certify that the individual is permitted | ||
to engage in the medical use of cannabis. For the purposes of | ||
law enforcement, the Secretary of State shall make a notation | ||
on the person's driving record stating the person is a | ||
registered qualifying patient who is entitled to the lawful | ||
medical use of cannabis. If the person no longer holds a valid | ||
registry card, the Department shall notify the Secretary of | ||
State and the Secretary of State shall remove the notation from | ||
the person's driving record. The Department and the Secretary | ||
of State may establish a system by which the information may be | ||
shared electronically.
| ||
(e) Upon the approval of the registration and issuance of a | ||
registry card under this Section, the Department of Public | ||
Health shall electronically forward the registered qualifying | ||
patient's identification card information to the Prescription |
Monitoring Program established under the Illinois Controlled | ||
Substances Act and certify that the individual is permitted to | ||
engage in the medical use of cannabis. For the purposes of | ||
patient care, the Prescription Monitoring Program shall make a | ||
notation on the person's prescription record stating that the | ||
person is a registered qualifying patient who is entitled to | ||
the lawful medical use of cannabis. If the person no longer | ||
holds a valid registry card, the Department of Public Health | ||
shall notify the Prescription Monitoring Program and | ||
Department of Human Services to remove the notation from the | ||
person's record. The Department of Human Services and the | ||
Prescription Monitoring Program shall establish a system by | ||
which the information may be shared electronically. This | ||
confidential list may not be combined or linked in any manner | ||
with any other list or database except as provided in this | ||
Section. | ||
(f) (Blank). All applicants for a registry card shall be | ||
fingerprinted as part of the application process if they are a | ||
first-time applicant, if their registry card has already | ||
expired, or if they previously have had their registry card | ||
revoked or otherwise denied. At renewal, cardholders whose | ||
registry cards have not yet expired, been revoked, or otherwise | ||
denied shall not be subject to fingerprinting. Registry cards | ||
shall be revoked by the Department of Public Health if the | ||
Department of Public Health is notified by the Secretary of | ||
State that a cardholder has been convicted of an excluded |
offense. For purposes of enforcing this subsection, the | ||
Department of Public Health and Secretary of State shall | ||
establish a system by which violations reported to the | ||
Secretary of State under paragraph 18 of subsection (a) of | ||
Section 6-205 of the Illinois Vehicle Code shall be shared with | ||
the Department of Public Health. | ||
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||
eff. 6-30-16.) | ||
(410 ILCS 130/62 new) | ||
Sec. 62. Opioid Alternative Pilot Program. | ||
(a) The Department of Public Health shall establish the | ||
Opioid Alternative Pilot Program. Licensed dispensing | ||
organizations shall allow persons with a written certification | ||
from a licensed physician under Section 36 to purchase medical | ||
cannabis upon enrollment in the Opioid Alternative Pilot | ||
Program. For a person to receive medical cannabis under this | ||
Section, the person must present the written certification | ||
along with a valid driver's license or state identification | ||
card to the licensed dispensing organization specified in his | ||
or her application. The dispensing organization shall verify | ||
the person's status as an Opioid Alternative Pilot Program | ||
participant through the Department of Public Health's online | ||
verification system. | ||
(b) The Opioid Alternative Pilot Program shall be limited | ||
to participation by Illinois residents age 21 and older. |
(c) The Department of Financial and Professional | ||
Regulation shall specify that all licensed dispensing | ||
organizations participating in the Opioid Alternative Pilot | ||
Program use the Illinois Cannabis Tracking System. The | ||
Department of Public Health shall establish and maintain the | ||
Illinois Cannabis Tracking System. The Illinois Cannabis | ||
Tracking System shall be used to collect information about all | ||
persons participating in the Opioid Alternative Pilot Program | ||
and shall be used to track the sale of medical cannabis for | ||
verification purposes. | ||
Each dispensing organization shall retain a copy of the | ||
Opioid Alternative Pilot Program certification and other | ||
identifying information as required by the Department of | ||
Financial and Professional Regulation, the Department of | ||
Public Health, and the Illinois State Police in the Illinois | ||
Cannabis Tracking System. | ||
The Illinois Cannabis Tracking System shall be accessible | ||
to the Department of Financial and Professional Regulation, | ||
Department of Public Health, Department of Agriculture, and the | ||
Illinois State Police. | ||
The Department of Financial and Professional Regulation in | ||
collaboration with the Department of Public Health shall | ||
specify the data requirements for the Opioid Alternative Pilot | ||
Program by licensed dispensing organizations; including, but | ||
not limited to, the participant's full legal name, address, and | ||
date of birth, date on which the Opioid Alternative Pilot |
Program certification was issued, length of the participation | ||
in the Program, including the start and end date to purchase | ||
medical cannabis, name of the issuing physician, copy of the | ||
participant's current driver's license or State identification | ||
card, and phone number. | ||
The Illinois Cannabis Tracking System shall provide | ||
verification of a person's participation in the Opioid | ||
Alternative Pilot Program for law enforcement at any time and | ||
on any day. | ||
(d) The certification for Opioid Alternative Pilot Program | ||
participant must be issued by a physician licensed to practice | ||
in Illinois under the Medical Practice Act of 1987 and in good | ||
standing who holds a controlled substances license under | ||
Article III of the Illinois Controlled Substances Act. | ||
The certification for an Opioid Alternative Pilot Program | ||
participant shall be written within 90 days before the | ||
participant submits his or her certification to the dispensing | ||
organization. | ||
The written certification uploaded to the Illinois | ||
Cannabis Tracking System shall be accessible to the Department | ||
of Public Health. | ||
(e) Upon verification of the individual's valid | ||
certification and enrollment in the Illinois Cannabis Tracking | ||
System, the dispensing organization may dispense the medical | ||
cannabis, in amounts not exceeding 2.5 ounces of medical | ||
cannabis per 14-day period to the participant at the |
participant's specified dispensary for no more than 90 days. | ||
An Opioid Alternative Pilot Program participant shall not | ||
be registered as a medical cannabis cardholder. The dispensing | ||
organization shall verify that the person is not an active | ||
registered qualifying patient prior to enrollment in the Opioid | ||
Alternative Pilot Program and each time medical cannabis is | ||
dispensed. | ||
Upon receipt of a written certification under the Opioid | ||
Alternative Pilot Program, the Department of Public Health | ||
shall electronically forward the patient's identification | ||
information to the Prescription Monitoring Program established | ||
under the Illinois Controlled Substances Act and certify that | ||
the individual is permitted to engage in the medical use of | ||
cannabis. For the purposes of patient care, the Prescription | ||
Monitoring Program shall make a notation on the person's | ||
prescription record stating that the person has a written | ||
certification under the Opioid Alternative Pilot Program and is | ||
a patient who is entitled to the lawful medical use of | ||
cannabis. If the person is no longer authorized to engage in | ||
the medical use of cannabis, the Department of Public Health | ||
shall notify the Prescription Monitoring Program and | ||
Department of Human Services to remove the notation from the | ||
person's record. The Department of Human Services and the | ||
Prescription Monitoring Program shall establish a system by | ||
which the information may be shared electronically. This | ||
confidential list may not be combined or linked in any manner |
with any other list or database except as provided in this | ||
Section. | ||
(f) An Opioid Alternative Pilot Program participant shall | ||
not be considered a qualifying patient with a debilitating | ||
medical condition under this Act and shall be provided access | ||
to medical cannabis solely for the duration of the | ||
participant's certification. Nothing in this Section shall be | ||
construed to limit or prohibit an Opioid Alternative Pilot | ||
Program participant who has a debilitating medical condition | ||
from applying to the Compassionate Use of Medical Cannabis | ||
Pilot Program. | ||
(g) A person with a provisional registration under Section | ||
55 shall not be considered an Opioid Alternative Pilot Program | ||
participant. | ||
(h) The Department of Financial and Professional | ||
Regulation and the Department of Public Health shall submit | ||
emergency rulemaking to implement the changes made by this | ||
amendatory Act of the 100th General Assembly by December 1, | ||
2018. The Department of Financial and Professional Regulation, | ||
the Department of Agriculture, the Department of Human | ||
Services, the Department of Public Health, and the Illinois | ||
State Police shall utilize emergency purchase authority for 12 | ||
months after the effective date of this amendatory Act of the | ||
100th General Assembly for the purpose of implementing the | ||
changes made by this amendatory Act of the 100th General | ||
Assembly. |
(i) Dispensing organizations are not authorized to | ||
dispense medical cannabis to Opioid Alternative Pilot Program | ||
participants until administrative rules are approved by the | ||
Joint Committee on Administrative Rules and go into effect. | ||
(j) The provisions of this Section are inoperative on and | ||
after July 1, 2020. | ||
(410 ILCS 130/65) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 65. Denial of registry identification cards. | ||
(a) The Department of Public Health may deny an application | ||
or renewal of a qualifying patient's registry identification | ||
card only if the applicant:
| ||
(1) did not provide the required information and | ||
materials;
| ||
(2) previously had a registry identification card | ||
revoked;
| ||
(3) did not meet the requirements of this Act; or
| ||
(4) provided false or falsified information ; or .
| ||
(5) violated any requirement of this Act. | ||
(b) (Blank). Except as provided in subsection (b-5) of this | ||
Section, no person who has been convicted of a felony under the | ||
Illinois Controlled Substances Act, Cannabis Control Act, or | ||
Methamphetamine Control and Community Protection Act, or | ||
similar provision in a local ordinance or other jurisdiction is | ||
eligible to receive a registry identification card.
|
(b-5) (Blank). If a person was convicted of a felony under | ||
the Cannabis Control Act or a similar provision of a local | ||
ordinance or of a law of another jurisdiction, and the action | ||
warranting that felony is no longer considered a felony after | ||
the effective date of this amendatory Act of the 99th General | ||
Assembly, that person shall be eligible to receive a registry | ||
identification card. | ||
(c) The Department of Public Health may deny an application | ||
or renewal for a designated caregiver chosen by a qualifying | ||
patient whose registry identification card was granted only if:
| ||
(1) the designated caregiver does not meet the | ||
requirements of subsection (i) of Section 10;
| ||
(2) the applicant did not provide the information | ||
required;
| ||
(3) the prospective patient's application was denied;
| ||
(4) the designated caregiver previously had a registry | ||
identification card revoked; or
| ||
(5) the applicant or the designated caregiver provided | ||
false or falsified information ; or .
| ||
(6) violated any requirement of this Act. | ||
(d) (Blank). The Department of Public Health through the | ||
Department of State Police shall conduct a background check of | ||
the prospective qualifying patient and designated caregiver in | ||
order to carry out this Section. The Department of State Police | ||
shall charge a fee for conducting the criminal history record | ||
check, which shall be deposited in the State Police Services |
Fund and shall not exceed the actual cost of the record check. | ||
Each person applying as a qualifying patient or a designated | ||
caregiver shall submit a full set of fingerprints to the | ||
Department of State Police for the purpose of obtaining a State | ||
and federal criminal records check. These fingerprints shall be | ||
checked against the fingerprint records now and hereafter, to | ||
the extent allowed by law, filed in the Department of State | ||
Police and Federal Bureau of Investigation criminal history | ||
records databases. The Department of State Police shall | ||
furnish, following positive identification, all Illinois | ||
conviction information to the Department of Public Health. The | ||
Department of Public Health may waive the submission of a | ||
qualifying patient's complete fingerprints based on (1) the | ||
severity of the patient's illness and (2) the inability of the | ||
qualifying patient to supply those fingerprints, provided that | ||
a complete criminal background check is conducted by the | ||
Department of State Police prior to the issuance of a registry | ||
identification card. | ||
(e) The Department of Public Health shall notify the | ||
qualifying patient who has designated someone to serve as his | ||
or her designated caregiver if a registry identification card | ||
will not be issued to the designated caregiver.
| ||
(f) Denial of an application or renewal is considered a | ||
final Department action, subject to judicial review. | ||
Jurisdiction and venue for judicial review are vested in the | ||
Circuit Court.
|
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||
99-697, eff. 7-29-16.) | ||
(410 ILCS 130/75) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 75. Notifications to Department of Public Health and | ||
responses; civil penalty. | ||
(a) The following notifications and Department of Public | ||
Health responses are required:
| ||
(1) A registered qualifying patient shall notify the | ||
Department of Public Health of any change in his or her | ||
name or address, or if the registered qualifying patient | ||
ceases to have his or her debilitating medical condition, | ||
within 10 days of the change.
| ||
(2) A registered designated caregiver shall notify the | ||
Department of Public Health of any change in his or her | ||
name or address, or if the designated caregiver becomes | ||
aware the registered qualifying patient passed away, | ||
within 10 days of the change.
| ||
(3) Before a registered qualifying patient changes his | ||
or her designated caregiver, the qualifying patient must | ||
notify the Department of Public Health.
| ||
(4) If a cardholder loses his or her registry | ||
identification card, he or she shall notify the Department | ||
within 10 days of becoming aware the card has been lost.
| ||
(b) When a cardholder notifies the Department of Public |
Health of items listed in subsection (a), but remains eligible | ||
under this Act, the Department of Public Health shall issue the | ||
cardholder a new registry identification card with a new random | ||
alphanumeric identification number within 15 business days of | ||
receiving the updated information and a fee as specified in | ||
Department of Public Health rules. If the person notifying the | ||
Department of Public Health is a registered qualifying patient, | ||
the Department shall also issue his or her registered | ||
designated caregiver, if any, a new registry identification | ||
card within 15 business days of receiving the updated | ||
information.
| ||
(c) If a registered qualifying patient ceases to be a | ||
registered qualifying patient or changes his or her registered | ||
designated caregiver, the Department of Public Health shall | ||
promptly notify the designated caregiver. The registered | ||
designated caregiver's protections under this Act as to that | ||
qualifying patient shall expire 15 days after notification by | ||
the Department.
| ||
(d) A cardholder who fails to make a notification to the | ||
Department of Public Health that is required by this Section is | ||
subject to a civil infraction, punishable by a penalty of no | ||
more than $150.
| ||
(e) A registered qualifying patient shall notify the | ||
Department of Public Health of any change to his or her | ||
designated registered dispensing organization. Registered | ||
dispensing organizations must comply with all requirements of |
this Act.
| ||
(f) If the registered qualifying patient's certifying | ||
physician notifies the Department in writing that either the | ||
registered qualifying patient has ceased to suffer from a | ||
debilitating medical condition, that the bona fide | ||
physician-patient relationship has terminated, or that | ||
continued use of medical
cannabis would result in | ||
contraindication with the patient's
other medication, the card | ||
shall become null and void. However, the registered qualifying | ||
patient shall have 15 days to destroy his or her remaining | ||
medical cannabis and related paraphernalia.
| ||
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.) | ||
(410 ILCS 130/130) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 130. Requirements; prohibitions; penalties; | ||
dispensing organizations. | ||
(a) The Department of Financial and Professional | ||
Regulation shall implement the provisions of this Section by | ||
rule.
| ||
(b) A dispensing organization shall maintain operating | ||
documents which shall include procedures for the oversight of | ||
the registered dispensing organization and procedures to | ||
ensure accurate recordkeeping.
| ||
(c) A dispensing organization shall implement appropriate | ||
security measures, as provided by rule, to deter and prevent |
the theft of cannabis and unauthorized entrance into areas | ||
containing cannabis.
| ||
(d) A dispensing organization may not be located within | ||
1,000 feet of the property line of a pre-existing public or | ||
private preschool or elementary or secondary school or day care | ||
center, day care home, group day care home, or part day child | ||
care facility. A registered dispensing organization may not be | ||
located in a house, apartment, condominium, or an area zoned | ||
for residential use.
| ||
(e) A dispensing organization is prohibited from acquiring | ||
cannabis from anyone other than a registered cultivation | ||
center. A dispensing organization is prohibited from obtaining | ||
cannabis from outside the State of Illinois.
| ||
(f) A registered dispensing organization is prohibited | ||
from dispensing cannabis for any purpose except to assist | ||
registered qualifying patients with the medical use of cannabis | ||
directly or through the qualifying patients' designated | ||
caregivers.
| ||
(g) The area in a dispensing organization where medical | ||
cannabis is stored can only be accessed by dispensing | ||
organization agents working for the dispensing organization, | ||
Department of Financial and Professional Regulation staff | ||
performing inspections, law enforcement or other emergency | ||
personnel, and contractors working on jobs unrelated to medical | ||
cannabis, such as installing or maintaining security devices or | ||
performing electrical wiring.
|
(h) A dispensing organization may not dispense more than | ||
2.5 ounces of cannabis to a registered qualifying patient, | ||
directly or via a designated caregiver, in any 14-day period | ||
unless the qualifying patient has a Department of Public | ||
Health-approved quantity waiver.
| ||
(i) Except as provided in subsection (i-5), before Before | ||
medical cannabis may be dispensed to a designated caregiver or | ||
a registered qualifying patient, a dispensing organization | ||
agent must determine that the individual is a current | ||
cardholder in the verification system and must verify each of | ||
the following:
| ||
(1) that the registry identification card presented to | ||
the registered dispensing organization is valid;
| ||
(2) that the person presenting the card is the person | ||
identified on the registry identification card presented | ||
to the dispensing organization agent;
| ||
(3) that the dispensing organization is the designated | ||
dispensing organization for the registered qualifying | ||
patient who is obtaining the cannabis directly or via his | ||
or her designated caregiver; and
| ||
(4) that the registered qualifying patient has not | ||
exceeded his or her adequate supply.
| ||
(i-5) A dispensing organization may dispense medical
| ||
cannabis to an Opioid Alternative Pilot Program participant | ||
under Section 62 and to a person presenting proof of | ||
provisional registration under Section 55. Before dispensing |
medical cannabis, the dispensing organization shall comply | ||
with the requirements of Section 62 or Section 55, whichever is | ||
applicable, and verify the following: | ||
(1) that the written certification presented to the | ||
registered dispensing organization is valid and an | ||
original document; | ||
(2) that the person presenting the written | ||
certification is the person identified on the written | ||
certification; and | ||
(3) that the participant has not exceeded his or her | ||
adequate supply. | ||
(j) Dispensing organizations shall ensure compliance with | ||
this limitation by maintaining internal, confidential records | ||
that include records specifying how much medical cannabis is | ||
dispensed to the registered qualifying patient and whether it | ||
was dispensed directly to the registered qualifying patient or | ||
to the designated caregiver. Each entry must include the date | ||
and time the cannabis was dispensed. Additional recordkeeping | ||
requirements may be set by rule.
| ||
(k) The physician-patient privilege as set forth by Section | ||
8-802 of the Code of Civil Procedure shall apply between a | ||
qualifying patient and a registered dispensing organization | ||
and its agents with respect to communications and records | ||
concerning qualifying patients' debilitating conditions.
| ||
(l) A dispensing organization may not permit any person to | ||
consume cannabis on the property of a medical cannabis |
organization.
| ||
(m) A dispensing organization may not share office space | ||
with or refer patients to a physician.
| ||
(n) Notwithstanding any other criminal penalties related | ||
to the unlawful possession of cannabis, the Department of | ||
Financial and Professional Regulation may revoke, suspend, | ||
place on probation, reprimand, refuse to issue or renew, or | ||
take any other disciplinary or non-disciplinary action as the | ||
Department of Financial and Professional Regulation may deem | ||
proper with regard to the registration of any person issued | ||
under this Act to operate a dispensing organization or act as a | ||
dispensing organization agent, including imposing fines not to | ||
exceed $10,000 for each violation, for any violations of this | ||
Act and rules adopted in accordance with this Act. The | ||
procedures for disciplining a registered dispensing | ||
organization shall be determined by rule. All final | ||
administrative decisions of the Department of Financial and | ||
Professional Regulation are subject to judicial review under | ||
the Administrative Review Law and its rules. The term | ||
"administrative decision" is defined as in Section 3-101 of the | ||
Code of Civil Procedure.
| ||
(o) Dispensing organizations are subject to random | ||
inspection and cannabis testing by the Department of Financial | ||
and Professional Regulation and State Police as provided by | ||
rule.
| ||
(Source: P.A. 98-122, eff. 1-1-14 .) |
(410 ILCS 130/160) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 160. Annual reports. (a) The Department of Public | ||
Health shall submit to the General Assembly a report, by | ||
September 30 of each year, that does not disclose any | ||
identifying information about registered qualifying patients, | ||
registered caregivers, or physicians, but does contain, at a | ||
minimum, all of the following information based on the fiscal | ||
year for reporting purposes:
| ||
(1) the number of applications and renewals filed for | ||
registry identification cards or registrations;
| ||
(2) the number of qualifying patients and designated | ||
caregivers served by each dispensary during the report | ||
year;
| ||
(3) the nature of the debilitating medical conditions | ||
of the qualifying patients;
| ||
(4) the number of registry identification cards or | ||
registrations revoked for misconduct;
| ||
(5) the number of physicians providing written | ||
certifications for qualifying patients; and
| ||
(6) the number of registered medical cannabis | ||
cultivation centers or registered dispensing | ||
organizations ; .
| ||
(7) the number of Opioid Alternative Pilot
Program | ||
participants. |
(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |