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1 | AN ACT concerning health. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Compassionate Use of Medical Cannabis | |||||||||||||||||||
5 | Program Act is amended by changing Section 35 as follows: | |||||||||||||||||||
6 | (410 ILCS 130/35) | |||||||||||||||||||
7 | Sec. 35. Certifying health care professional requirements. | |||||||||||||||||||
8 | (a) A certifying health care professional who certifies a | |||||||||||||||||||
9 | debilitating medical condition for a qualifying patient shall | |||||||||||||||||||
10 | comply with all of the following requirements: | |||||||||||||||||||
11 | (1) The certifying health care professional shall be | |||||||||||||||||||
12 | currently licensed under the Medical Practice Act of 1987 | |||||||||||||||||||
13 | to practice medicine in all its branches, the Nurse | |||||||||||||||||||
14 | Practice Act, or the Physician Assistant Practice Act of | |||||||||||||||||||
15 | 1987, shall be in good standing, and must hold a | |||||||||||||||||||
16 | controlled substances license under Article III of the | |||||||||||||||||||
17 | Illinois Controlled Substances Act. | |||||||||||||||||||
18 | (2) A certifying health care professional certifying a | |||||||||||||||||||
19 | patient's condition shall comply with generally accepted | |||||||||||||||||||
20 | standards of medical practice, the provisions of the Act | |||||||||||||||||||
21 | under which he or she is licensed and all applicable | |||||||||||||||||||
22 | rules. | |||||||||||||||||||
23 | (3) The physical examination required by this Act may |
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1 | not be performed by remote means, including telemedicine. | ||||||
2 | (4) The certifying health care professional shall | ||||||
3 | maintain a record-keeping system for all patients for whom | ||||||
4 | the certifying health care professional has certified the | ||||||
5 | patient's medical condition. These records shall be | ||||||
6 | accessible to and subject to review by the Department of | ||||||
7 | Public Health and the Department of Financial and | ||||||
8 | Professional Regulation upon request. | ||||||
9 | (b) A certifying health care professional may not: | ||||||
10 | (1) accept, solicit, or offer any form of remuneration | ||||||
11 | from or to a qualifying patient, primary caregiver, | ||||||
12 | cultivation center, or dispensing organization, including | ||||||
13 | each principal officer, board member, agent, and employee, | ||||||
14 | to certify a patient, other than accepting payment from a | ||||||
15 | patient for the fee associated with the required | ||||||
16 | examination, except for the limited purpose of performing | ||||||
17 | a medical cannabis-related research study; | ||||||
18 | (1.5) accept, solicit, or offer any form of | ||||||
19 | remuneration from or to a medical cannabis cultivation | ||||||
20 | center or dispensary organization for the purposes of | ||||||
21 | referring a patient to a specific dispensary organization; | ||||||
22 | (1.10) engage in any activity that is prohibited under | ||||||
23 | Section 22.2 of the Medical Practice Act of 1987, | ||||||
24 | regardless of whether the certifying health care | ||||||
25 | professional is a physician, advanced practice registered | ||||||
26 | nurse, or physician assistant; |
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1 | (2) offer a discount of any other item of value to a | ||||||
2 | qualifying patient who uses or agrees to use a particular | ||||||
3 | primary caregiver or dispensing organization to obtain | ||||||
4 | medical cannabis; | ||||||
5 | (3) conduct a personal physical examination of a | ||||||
6 | patient for purposes of diagnosing a debilitating medical | ||||||
7 | condition at a location where medical cannabis is sold or | ||||||
8 | distributed or at the address of a principal officer, | ||||||
9 | agent, or employee or a medical cannabis organization; | ||||||
10 | (4) hold a direct or indirect economic interest in a | ||||||
11 | cultivation center or dispensing organization if he or she | ||||||
12 | recommends the use of medical cannabis to qualified | ||||||
13 | patients or is in a partnership or other fee or | ||||||
14 | profit-sharing relationship with a certifying health care | ||||||
15 | professional who recommends medical cannabis, except for | ||||||
16 | the limited purpose of performing a medical | ||||||
17 | cannabis-related research study; | ||||||
18 | (5) serve on the board of directors or as an employee | ||||||
19 | of a cultivation center or dispensing organization; | ||||||
20 | (6) refer patients to a cultivation center, a | ||||||
21 | dispensing organization, or a registered designated | ||||||
22 | caregiver; or | ||||||
23 | (7) advertise in a cultivation center or a dispensing | ||||||
24 | organization. | ||||||
25 | (c) The Department of Public Health may with reasonable | ||||||
26 | cause refer a certifying health care professional, who has |
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1 | certified a debilitating medical condition of a patient, to | ||||||
2 | the Illinois Department of Financial and Professional | ||||||
3 | Regulation for potential violations of this Section. | ||||||
4 | (d) Any violation of this Section or any other provision | ||||||
5 | of this Act or rules adopted under this Act is a violation of | ||||||
6 | the certifying health care professional's licensure act. | ||||||
7 | (e) A certifying health care professional who certifies a | ||||||
8 | debilitating medical condition for a qualifying patient may | ||||||
9 | notify the Department of Public Health in writing: (1) if the | ||||||
10 | certifying health care professional has reason to believe | ||||||
11 | either that the registered qualifying patient has ceased to | ||||||
12 | suffer from a debilitating medical condition; (2) that the | ||||||
13 | bona fide health care professional-patient relationship has | ||||||
14 | terminated; or (3) that continued use of medical cannabis | ||||||
15 | would result in contraindication with the patient's other | ||||||
16 | medication. The registered qualifying patient's registry | ||||||
17 | identification card shall be revoked by the Department of | ||||||
18 | Public Health after receiving the certifying health care | ||||||
19 | professional's notification. | ||||||
20 | (f) Nothing in this Act shall preclude a certifying health | ||||||
21 | care professional from referring a patient for health | ||||||
22 | services, except when the referral is limited to certification | ||||||
23 | purposes only, under this Act. | ||||||
24 | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) | ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law. |