Section 946.25  Terminal Illness

An individual who submits an application for a registry identification card as someone who is terminally ill as defined in Section 946.10 shall have all fees waived. (Section 60(c-10) of the Act)

a)         A qualifying patient who has been diagnosed with a terminal illness shall register with the Department on forms and in a manner prescribed by the Department.

b)         To qualify for a registry identification card, a qualifying patient with a diagnosis of terminal illness shall:

1)         Be a resident of the State of Illinois at the time of application and remain a resident during participation in the program.

2)         Meet the definition of terminal illness in Section 946.10.

3)         Have a signed, written attestation specifying that the qualifying patient has a terminal illness, on a form provided by the Department, submitted by a certifying health care professional who meets the requirements set forth in the Act, along with an application for a registry identification card.

4)         Complete an application on a form provided by the Department and submit a copy of his or her Illinois driver's license, Temporary Visitor's Driver's License or state identification card.  If the individual does not have an Illinois driver's license or state identification card, a color copy of a current passport will be accepted.

5)         Provide a current digital passport-sized photograph meeting the criteria specified in Section 946.200(b)(6).

c)         A veteran or spouse of a veteran who is receiving care for a debilitating condition at a VA health care facility, as specified in Section 946.240, shall sign a written attestation indicating they have been diagnosed with a terminal illness and shall submit one year of official VA medical records from the VA and provide a copy of his or her DD214 indicating character and dates of service.

d)         A qualifying patient under the age of 18 diagnosed with a terminal illness will not be required to obtain a written certification from a reviewing health care professional.

e)         A patient with a terminal illness may specify a designated caregiver.  A qualifying patient under age 18 may have up to three designated caregivers as described in Section 946.201(c).

f)         A qualifying patient shall not possess a school bus permit or a Commercial Driver's License. (See Section 30(a)(10) of the Act)  Applications submitted by persons who possess these licenses will not be processed while the permit or license is valid in accordance with records kept by the Secretary of State.  Applicants must forfeit or surrender the permits or licenses prior to submitting an application for a medical cannabis registry identification card or their application will not be processed.

g)         Applications submitted by an applicant diagnosed with a terminal illness shall be approved or denied within 14 business days, not including State holidays, of the submission of their complete application. (Section 60(c-10) of the Act)  The time period for approval or denial will not include the time necessary for the Secretary of State verification process to be completed or the printing, mailing and receipt of the registry identification card by the patient.

h)         Persons whose diagnosis is no longer terminal after a period of six months and their designated caregiver, may submit an application for a registry identification card in accordance with Section 946.200 or Section 946.201 and pay all applicable fees specified in Section 946.210.

(Source:  Amended at 45 Ill. Reg. 6205, effective April 27, 2021)