Full Text of SB0010 99th General Assembly
SB0010ham003 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/27/2016
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| 1 | | AMENDMENT TO SENATE BILL 10
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 10, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot | 6 | | Program Act is amended by changing Sections 5, 10, 15, 35, 45, | 7 | | 60, 70, 75, and 220 and by adding Sections 7 and 57 as follows: | 8 | | (410 ILCS 130/5) | 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 5. Findings.
| 11 | | (a) The recorded use of cannabis as a medicine goes back | 12 | | nearly 5,000 years. Modern medical research has confirmed the | 13 | | beneficial uses of cannabis in treating or alleviating the | 14 | | pain, nausea, and other symptoms associated with a variety of | 15 | | debilitating medical conditions, including cancer, multiple | 16 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
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| 1 | | Sciences' Institute of Medicine in March 1999.
| 2 | | (b) Studies published since the 1999 Institute of Medicine | 3 | | report continue to show the therapeutic value of cannabis in | 4 | | treating a wide array of debilitating medical conditions. These | 5 | | include relief of the neuropathic pain caused by multiple | 6 | | sclerosis, HIV/AIDS, and other illnesses that often fail to | 7 | | respond to conventional treatments and relief of nausea, | 8 | | vomiting, and other side effects of drugs used to treat | 9 | | HIV/AIDS and hepatitis C, increasing the chances of patients | 10 | | continuing on life-saving treatment regimens.
| 11 | | (c) Cannabis has many currently accepted medical uses in | 12 | | the United States, having been recommended by thousands of | 13 | | licensed physicians to at least 600,000 patients in states with | 14 | | medical cannabis laws. The medical utility of cannabis is | 15 | | recognized by a wide range of medical and public health | 16 | | organizations, including the American Academy of HIV Medicine, | 17 | | the American College of Physicians, the American Nurses | 18 | | Association, the American Public Health Association, the | 19 | | Leukemia & Lymphoma Society, and many others.
| 20 | | (d) Data from the Federal Bureau of Investigation's Uniform | 21 | | Crime Reports and the Compendium of Federal Justice Statistics | 22 | | show that approximately 99 out of every 100 cannabis arrests in | 23 | | the U.S. are made under state law, rather than under federal | 24 | | law. Consequently, changing State law will have the practical | 25 | | effect of protecting from arrest the vast majority of seriously | 26 | | ill patients who have a medical need to use cannabis.
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| 1 | | (d-5) In 2014, the Task Force on Veterans' Suicide was | 2 | | created by the Illinois General Assembly to gather data on | 3 | | veterans' suicide prevention. Data from a U.S. Department of | 4 | | Veterans Affairs study indicates that 22 veterans commit | 5 | | suicide each day. | 6 | | (e) Alaska, Arizona, California, Colorado, Connecticut, | 7 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | 8 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | 9 | | Washington, and Washington, D.C. have removed state-level | 10 | | criminal penalties from the medical use and cultivation of | 11 | | cannabis. Illinois joins in this effort for the health and | 12 | | welfare of its citizens.
| 13 | | (f) States are not required to enforce federal law or | 14 | | prosecute people for engaging in activities prohibited by | 15 | | federal law. Therefore, compliance with this Act does not put | 16 | | the State of Illinois in violation of federal law.
| 17 | | (g) State law should make a distinction between the medical | 18 | | and non-medical uses of cannabis. Hence, the purpose of this | 19 | | Act is to protect patients with debilitating medical | 20 | | conditions, as well as their physicians and providers, from | 21 | | arrest and prosecution, criminal and other penalties, and | 22 | | property forfeiture if the patients engage in the medical use | 23 | | of cannabis.
| 24 | | (Source: P.A. 98-122, eff. 1-1-14.) | 25 | | (410 ILCS 130/7 new) |
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| 1 | | Sec. 7. Lawful user and lawful products. For the purposes | 2 | | of this Act and to clarify the legislative findings on the | 3 | | lawful use of cannabis: | 4 | | (1) A cardholder under this Act shall not be considered | 5 | | an unlawful user or addicted to narcotics solely as a | 6 | | result of his or her qualifying patient or designated | 7 | | caregiver status. | 8 | | (2) All medical cannabis products purchased by a | 9 | | qualifying patient at a licensed dispensing organization | 10 | | shall be lawful products and a distinction shall be made | 11 | | between medical and non-medical uses of cannabis as a | 12 | | result of the qualifying patient's cardholder status under | 13 | | the authorized use granted under State law. | 14 | | (410 ILCS 130/10) | 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 10. Definitions. The following terms, as used in this | 17 | | Act, shall have the meanings set forth in this Section:
| 18 | | (a) "Adequate supply" means:
| 19 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 20 | | days and that is derived solely from an intrastate source.
| 21 | | (2) Subject to the rules of the Department of Public | 22 | | Health, a patient may apply for a waiver where a physician | 23 | | provides a substantial medical basis in a signed, written | 24 | | statement asserting that, based on the patient's medical | 25 | | history, in the physician's professional judgment, 2.5 |
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| 1 | | ounces is an insufficient adequate supply for a 14-day | 2 | | period to properly alleviate the patient's debilitating | 3 | | medical condition or symptoms associated with the | 4 | | debilitating medical condition.
| 5 | | (3) This subsection may not be construed to authorize | 6 | | the possession of more than 2.5 ounces at any time without | 7 | | authority from the Department of Public Health.
| 8 | | (4) The pre-mixed weight of medical cannabis used in | 9 | | making a cannabis infused product shall apply toward the | 10 | | limit on the total amount of medical cannabis a registered | 11 | | qualifying patient may possess at any one time. | 12 | | (b) "Cannabis" has the meaning given that term in Section 3 | 13 | | of the Cannabis Control Act.
| 14 | | (c) "Cannabis plant monitoring system" means a system that | 15 | | includes, but is not limited to, testing and data collection | 16 | | established and maintained by the registered cultivation | 17 | | center and available to the Department for the purposes of | 18 | | documenting each cannabis plant and for monitoring plant | 19 | | development throughout the life cycle of a cannabis plant | 20 | | cultivated for the intended use by a qualifying patient from | 21 | | seed planting to final packaging.
| 22 | | (d) "Cardholder" means a qualifying patient or a designated | 23 | | caregiver who has been issued and possesses a valid registry | 24 | | identification card by the Department of Public Health.
| 25 | | (e) "Cultivation center" means a facility operated by an | 26 | | organization or business that is registered by the Department |
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| 1 | | of Agriculture to perform necessary activities to provide only | 2 | | registered medical cannabis dispensing organizations with | 3 | | usable medical cannabis.
| 4 | | (f) "Cultivation center agent" means a principal officer, | 5 | | board member, employee, or agent of a registered cultivation | 6 | | center who is 21 years of age or older and has not been | 7 | | convicted of an excluded offense.
| 8 | | (g) "Cultivation center agent identification card" means a | 9 | | document issued by the Department of Agriculture that | 10 | | identifies a person as a cultivation center agent.
| 11 | | (h) "Debilitating medical condition" means one or more of | 12 | | the following: | 13 | | (1) cancer, glaucoma, positive status for human | 14 | | immunodeficiency virus, acquired immune deficiency | 15 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 16 | | Crohn's disease, agitation of Alzheimer's disease, | 17 | | cachexia/wasting syndrome, muscular dystrophy, severe | 18 | | fibromyalgia, spinal cord disease, including but not | 19 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 20 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 21 | | spinal cord injury, traumatic brain injury and | 22 | | post-concussion syndrome, Multiple Sclerosis, | 23 | | Arnold-Chiari malformation and Syringomyelia, | 24 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 25 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 26 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS |
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| 1 | | (Complex Regional Pain Syndromes Type II), | 2 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 3 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 4 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 5 | | syndrome, residual limb pain, seizures (including those | 6 | | characteristic of epilepsy), post-traumatic stress | 7 | | disorder (PTSD), or the treatment of these conditions; or
| 8 | | (1.5) terminal illness with a diagnosis of 6 months or | 9 | | less; if the terminal illness is not one of the qualifying | 10 | | debilitating medical conditions, then the physician shall | 11 | | on the certification form identify the cause of the | 12 | | terminal illness; or | 13 | | (2) any other debilitating medical condition or its | 14 | | treatment that is added by the Department of Public Health | 15 | | by rule as provided in Section 45. | 16 | | (i) "Designated caregiver" means a person who: (1) is at | 17 | | least 21 years of age; (2) has agreed to assist with a | 18 | | patient's medical use of cannabis; (3) has not been convicted | 19 | | of an excluded offense; and (4) assists no more than one | 20 | | registered qualifying patient with his or her medical use of | 21 | | cannabis.
| 22 | | (j) "Dispensing organization agent identification card" | 23 | | means a document issued by the Department of Financial and | 24 | | Professional Regulation that identifies a person as a medical | 25 | | cannabis dispensing organization agent.
| 26 | | (k) "Enclosed, locked facility" means a room, greenhouse, |
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| 1 | | building, or other enclosed area equipped with locks or other | 2 | | security devices that permit access only by a cultivation | 3 | | center's agents or a dispensing organization's agent working | 4 | | for the registered cultivation center or the registered | 5 | | dispensing organization to cultivate, store, and distribute | 6 | | cannabis for registered qualifying patients.
| 7 | | (l) "Excluded offense" for cultivation center agents and | 8 | | dispensing organizations means:
| 9 | | (1) a violent crime defined in Section 3 of the Rights | 10 | | of Crime Victims and Witnesses Act or a substantially | 11 | | similar offense that was classified as a felony in the | 12 | | jurisdiction where the person was convicted; or
| 13 | | (2) a violation of a state or federal controlled | 14 | | substance law , the Cannabis Control Act, or the | 15 | | Methamphetamine Control and Community Protection Act that | 16 | | was classified as a felony in the jurisdiction where the | 17 | | person was convicted, except that the registering | 18 | | Department may waive this restriction if the person | 19 | | demonstrates to the registering Department's satisfaction | 20 | | that his or her conviction was for the possession, | 21 | | cultivation, transfer, or delivery of a reasonable amount | 22 | | of cannabis intended for medical use. This exception does | 23 | | not apply if the conviction was under state law and | 24 | | involved a violation of an existing medical cannabis law.
| 25 | | For purposes of this subsection, the Department of Public | 26 | | Health shall determine by emergency rule within 30 days after |
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| 1 | | the effective date of this amendatory Act of the 99th General | 2 | | Assembly what constitutes a "reasonable amount". | 3 | | (l-5) "Excluded offense" for a qualifying patient or | 4 | | designated caregiver means a violation of state or federal | 5 | | controlled substance law, the Cannabis Control Act, or the | 6 | | Methamphetamine and Community Protection Act that was | 7 | | classified as a felony in the jurisdiction where the person was | 8 | | convicted, except that the registering Department may waive | 9 | | this restriction if the person demonstrates to the registering | 10 | | Department's satisfaction that his or her conviction was for | 11 | | the possession, cultivation, transfer, or delivery of a | 12 | | reasonable amount of cannabis intended for medical use. This | 13 | | exception does not apply if the conviction was under state law | 14 | | and involved a violation of an existing medical cannabis law. | 15 | | For purposes of this subsection, the Department of Public | 16 | | Health shall determine by emergency rule within 30 days after | 17 | | the effective date of this amendatory Act of the 99th General | 18 | | Assembly what constitutes a "reasonable amount". | 19 | | (m) "Medical cannabis cultivation center registration" | 20 | | means a registration issued by the Department of Agriculture. | 21 | | (n) "Medical cannabis container" means a sealed, | 22 | | traceable, food compliant, tamper resistant, tamper evident | 23 | | container, or package used for the purpose of containment of | 24 | | medical cannabis from a cultivation center to a dispensing | 25 | | organization.
| 26 | | (o) "Medical cannabis dispensing organization", or |
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| 1 | | "dispensing organization", or "dispensary organization" means | 2 | | a facility operated by an organization or business that is | 3 | | registered by the Department of Financial and Professional | 4 | | Regulation to acquire medical cannabis from a registered | 5 | | cultivation center for the purpose of dispensing cannabis, | 6 | | paraphernalia, or related supplies and educational materials | 7 | | to registered qualifying patients.
| 8 | | (p) "Medical cannabis dispensing organization agent" or | 9 | | "dispensing organization agent" means a principal officer, | 10 | | board member, employee, or agent of a registered medical | 11 | | cannabis dispensing organization who is 21 years of age or | 12 | | older and has not been convicted of an excluded offense.
| 13 | | (q) "Medical cannabis infused product" means food, oils, | 14 | | ointments, or other products containing usable cannabis that | 15 | | are not smoked.
| 16 | | (r) "Medical use" means the acquisition; administration; | 17 | | delivery; possession; transfer; transportation; or use of | 18 | | cannabis to treat or alleviate a registered qualifying | 19 | | patient's debilitating medical condition or symptoms | 20 | | associated with the patient's debilitating medical condition.
| 21 | | (s) "Physician" means a doctor of medicine or doctor of | 22 | | osteopathy licensed under the Medical Practice Act of 1987 to | 23 | | practice medicine and who has a controlled substances license | 24 | | under Article III of the Illinois Controlled Substances Act. It | 25 | | does not include a licensed practitioner under any other Act | 26 | | including but not limited to the Illinois Dental Practice Act.
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| 1 | | (t) "Qualifying patient" means a person who has been | 2 | | diagnosed by a physician as having a debilitating medical | 3 | | condition.
| 4 | | (u) "Registered" means licensed, permitted, or otherwise | 5 | | certified by the Department of Agriculture, Department of | 6 | | Public Health, or Department of Financial and Professional | 7 | | Regulation.
| 8 | | (v) "Registry identification card" means a document issued | 9 | | by the Department of Public Health that identifies a person as | 10 | | a registered qualifying patient or registered designated | 11 | | caregiver.
| 12 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 13 | | flowers of the cannabis plant and any mixture or preparation | 14 | | thereof, but does not include the stalks, and roots of the | 15 | | plant. It does not include the weight of any non-cannabis | 16 | | ingredients combined with cannabis, such as ingredients added | 17 | | to prepare a topical administration, food, or drink.
| 18 | | (x) "Verification system" means a Web-based system | 19 | | established and maintained by the Department of Public Health | 20 | | that is available to the Department of Agriculture, the | 21 | | Department of Financial and Professional Regulation, law | 22 | | enforcement personnel, and registered medical cannabis | 23 | | dispensing organization agents on a 24-hour basis for the | 24 | | verification of registry
identification cards, the tracking of | 25 | | delivery of medical cannabis to medical cannabis dispensing | 26 | | organizations, and the tracking of the date of sale, amount, |
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| 1 | | and price of medical cannabis purchased by a registered | 2 | | qualifying patient.
| 3 | | (y) "Written certification" means a document dated and | 4 | | signed by a physician, stating (1) that in the physician's | 5 | | professional opinion the patient is likely to receive | 6 | | therapeutic or palliative benefit from the medical use of | 7 | | cannabis to treat or alleviate the patient's debilitating | 8 | | medical condition or symptoms associated with the debilitating | 9 | | medical condition; (2) that the qualifying patient has a | 10 | | debilitating medical condition and specifying the debilitating | 11 | | medical condition the qualifying patient has; and (2) (3) that | 12 | | the patient is under the physician's care for the physician is | 13 | | treating or managing treatment of the patient's debilitating | 14 | | medical condition. A written certification shall be made only | 15 | | in the course of a bona fide physician-patient relationship, | 16 | | after the physician has completed an assessment of the | 17 | | qualifying patient's medical history, reviewed relevant | 18 | | records related to the patient's debilitating condition, and | 19 | | conducted a physical examination. | 20 | | A veteran who has received treatment at a VA hospital shall | 21 | | be deemed to have a bona fide physician-patient relationship | 22 | | with a VA physician if the patient has been seen for his or her | 23 | | debilitating medical condition at the VA Hospital in accordance | 24 | | with VA Hospital protocols. | 25 | | A bona fide physician-patient relationship under this | 26 | | subsection is a privileged communication within the meaning of |
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| 1 | | Section 8-802 of the Code of Civil Procedure.
| 2 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 3 | | (410 ILCS 130/15) | 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 15. Authority.
| 6 | | (a) It is the duty of the Department of Public Health to | 7 | | enforce the following provisions of this Act unless otherwise | 8 | | provided for by this Act: | 9 | | (1) establish and maintain a confidential registry of | 10 | | qualifying patients authorized to engage in the medical use | 11 | | of cannabis and their caregivers;
| 12 | | (2) distribute educational materials about the health | 13 | | benefits and risks associated with the use abuse of | 14 | | cannabis and prescription medications;
| 15 | | (3) adopt rules to administer the patient and caregiver | 16 | | registration program; and
| 17 | | (4) adopt rules establishing food handling | 18 | | requirements for cannabis-infused products that are | 19 | | prepared for human consumption.
| 20 | | (b) It is the duty of the Department of Agriculture to | 21 | | enforce the provisions of this Act relating to the registration | 22 | | and oversight of cultivation centers unless otherwise provided | 23 | | for in this Act.
| 24 | | (c) It is the duty of the Department of Financial and | 25 | | Professional Regulation to enforce the provisions of this Act |
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| 1 | | relating to the registration and oversight of dispensing | 2 | | organizations unless otherwise provided for in this Act.
| 3 | | (d) The Department of Public Health, the Department of | 4 | | Agriculture, or the Department of Financial and Professional | 5 | | Regulation shall enter into intergovernmental agreements, as | 6 | | necessary, to carry out the provisions of this Act including, | 7 | | but not limited to, the provisions relating to the registration | 8 | | and oversight of cultivation centers, dispensing | 9 | | organizations, and qualifying patients and caregivers.
| 10 | | (e) The Department of Public Health, Department of | 11 | | Agriculture, or the Department of Financial and Professional | 12 | | Regulation may suspend, revoke, or impose other penalties upon | 13 | | a registration for violations of this Act and any rules adopted | 14 | | in accordance thereto. The suspension or revocation of, or | 15 | | imposition of any other penalty upon, a registration is a final | 16 | | Agency action, subject to judicial review. Jurisdiction and | 17 | | venue for judicial review are vested in the Circuit Court.
| 18 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | 19 | | (410 ILCS 130/35) | 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 35. Physician requirements.
| 22 | | (a) A physician who certifies a debilitating medical | 23 | | condition for a qualifying patient shall comply with all of the | 24 | | following 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 | 6 | | making a medical cannabis recommendation shall comply with | 7 | | generally accepted standards of medical practice, the | 8 | | provisions of the Medical Practice Act of 1987 and all | 9 | | applicable rules.
| 10 | | (3) The physical examination required by this Act may | 11 | | not be performed by remote means, including telemedicine.
| 12 | | (4) The physician shall maintain a record-keeping | 13 | | system for all patients for whom the physician has | 14 | | certified the patient's medical condition recommended the | 15 | | medical use of cannabis . These records shall be accessible | 16 | | to and subject to review by the Department of Public Health | 17 | | and the Department of Financial and Professional | 18 | | Regulation upon request.
| 19 | | (b) A physician may not:
| 20 | | (1) accept, solicit, or offer any form of remuneration | 21 | | from or to a qualifying patient, primary caregiver, | 22 | | cultivation center, or dispensing organization, including | 23 | | each principal officer, board member, agent, and employee, | 24 | | to certify a patient, other than accepting payment from a | 25 | | patient for the fee associated with the required | 26 | | examination; |
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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 physician who | 15 | | recommends medical cannabis, except for the limited | 16 | | purpose of performing a medical cannabis related research | 17 | | 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 physician, who has certified a debilitating |
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| 1 | | medical condition of a patient, to the Illinois Department of | 2 | | Financial and Professional Regulation for potential violations | 3 | | of this Section.
| 4 | | (d) Any violation of this Section or any other provision of | 5 | | this Act or rules adopted under this Act is a violation of the | 6 | | Medical Practice Act of 1987.
| 7 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | 8 | | (410 ILCS 130/45) | 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 45. Addition of debilitating medical conditions.
| 11 | | (a) Any resident citizen may petition the Department of | 12 | | Public Health to add debilitating conditions or treatments to | 13 | | the list of debilitating medical conditions listed in | 14 | | subsection (h) of Section 10. The Department of Public Health | 15 | | shall consider petitions in the manner required by Department | 16 | | rule, including public notice and hearing. The Department shall | 17 | | approve or deny a petition within 180 days of its submission, | 18 | | and, upon approval, shall proceed to add that condition by rule | 19 | | in accordance with the Administrative Procedure Act. The | 20 | | approval or denial of any petition is a final decision of the | 21 | | Department, subject to judicial review. Jurisdiction and venue | 22 | | are vested in the Circuit Court.
| 23 | | (b) The Department shall accept petitions once annually for | 24 | | a one-month period determined by the Department. During the | 25 | | open period, the Department shall accept petitions from any |
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| 1 | | resident requesting the addition of a new debilitating medical | 2 | | condition or disease to the list of approved debilitating | 3 | | medical conditions for which the use of cannabis has been shown | 4 | | to have a therapeutic or palliative effect. The Department | 5 | | shall provide public notice 30 days before the open period for | 6 | | accepting petitions, which shall describe the time period for | 7 | | submission, the required format of the submission, and the | 8 | | submission address. | 9 | | (c) Each petition shall be limited to one proposed | 10 | | debilitating medical condition or disease. | 11 | | (d) A petitioner shall file one original petition in the | 12 | | format provided by the Department and in the manner specified | 13 | | by the Department. For a petition to be processed and reviewed, | 14 | | the following information shall be included: | 15 | | (1) The petition, prepared on forms provided by the | 16 | | Department, in the manner specified by the Department. | 17 | | (2) A specific description of the medical condition or | 18 | | disease that is the subject of the petition. Each petition | 19 | | shall be limited to a single condition or disease. | 20 | | Information about the proposed condition or disease shall | 21 | | include: | 22 | | (A) the extent to which the condition or disease | 23 | | itself or the treatments cause severe suffering, such | 24 | | as severe or chronic pain, severe nausea or vomiting, | 25 | | or otherwise severely impair a person's ability to | 26 | | conduct activities of daily living; |
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| 1 | | (B) information about why conventional medical | 2 | | therapies are not sufficient to alleviate the | 3 | | suffering caused by the disease or condition and its | 4 | | treatment; | 5 | | (C) the proposed benefits from the medical use of | 6 | | cannabis specific to the medical condition or disease; | 7 | | (D) evidence from the medical community and other | 8 | | experts supporting the use of medical cannabis to | 9 | | alleviate suffering caused by the condition, disease, | 10 | | or treatment; | 11 | | (E) letters of support from physicians or other | 12 | | licensed health care providers knowledgeable about the | 13 | | condition or disease, including, if feasible, a letter | 14 | | from a physician with whom the petitioner has a bona | 15 | | fide physician-patient relationship; | 16 | | (F) any additional medical, testimonial, or | 17 | | scientific documentation; and | 18 | | (G) an electronic copy of all materials submitted. | 19 | | (3) Upon receipt of a petition, the Department shall: | 20 | | (A) determine whether the petition meets the | 21 | | standards for submission and, if so, shall accept the | 22 | | petition for further review; or | 23 | | (B) determine whether the petition does not meet | 24 | | the standards for submission and, if so, shall deny the | 25 | | petition without further review. | 26 | | (4) If the petition does not fulfill the standards for |
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| 1 | | submission, the petition shall be considered deficient. | 2 | | The Department shall notify the petitioner, who may correct | 3 | | any deficiencies and resubmit the petition during the next | 4 | | open period. | 5 | | (e) The petitioner may withdraw his or her petition by | 6 | | submitting a written statement to the Department indicating | 7 | | withdrawal. | 8 | | (f) Upon review of accepted petitions, the Director shall | 9 | | render a final decision regarding the acceptance or denial of | 10 | | the proposed debilitating medical conditions or diseases. | 11 | | (g) The Department shall convene a Medical Cannabis | 12 | | Advisory Board (Advisory Board) composed of 16 members, which | 13 | | shall include: | 14 | | (1) one medical cannabis patient advocate or | 15 | | designated caregiver; | 16 | | (2) one parent or designated caregiver of a person | 17 | | under the age of 18 who is a qualified medical cannabis | 18 | | patient; | 19 | | (3) two registered nurses or nurse practitioners; | 20 | | (4) three registered qualifying patients, including | 21 | | one veteran; and | 22 | | (5) nine health care practitioners with current | 23 | | professional licensure in their field. The Advisory Board | 24 | | shall be composed of health care practitioners | 25 | | representing the following areas: | 26 | | (A) neurology; |
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| 1 | | (B) pain management; | 2 | | (C) medical oncology; | 3 | | (D) psychiatry or mental health; | 4 | | (E) infectious disease; | 5 | | (F) family medicine; | 6 | | (G) general primary care; | 7 | | (H) medical ethics; | 8 | | (I) pharmacy; | 9 | | (J) pediatrics; or | 10 | | (K) psychiatry or mental health for children or | 11 | | adolescents. | 12 | | At least one appointed health care practitioner shall have | 13 | | direct experience related to the health care needs of veterans | 14 | | and at least one individual shall have pediatric experience. | 15 | | (h) Members of the Advisory Board shall be appointed by the | 16 | | Governor. | 17 | | (1) Members shall serve a term of 4 years or until a | 18 | | successor is appointed and qualified. If a vacancy occurs, | 19 | | the Governor shall appoint a replacement to complete the | 20 | | original term created by the vacancy. | 21 | | (2) The Governor shall select a chairperson. | 22 | | (3) Members may serve multiple terms. | 23 | | (4) Members shall not have an affiliation with, serve | 24 | | on the board of, or have a business relationship with a | 25 | | registered cultivation center or a registered medical | 26 | | cannabis dispensary. |
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| 1 | | (5) Members shall disclose any real or apparent | 2 | | conflicts of interest that may have a direct bearing of the | 3 | | subject matter, such as relationships with pharmaceutical | 4 | | companies, biomedical device manufacturers, or | 5 | | corporations whose products or services are related to the | 6 | | medical condition or disease to be reviewed. | 7 | | (6) Members shall not be paid but shall be reimbursed | 8 | | for travel expenses incurred while fulfilling the | 9 | | responsibilities of the Advisory Board. | 10 | | (i) On the effective date of this amendatory Act of the | 11 | | 99th General Assembly, the terms of office of the members of | 12 | | the Advisory Board serving on that effective date shall | 13 | | terminate and the Board shall be reconstituted. | 14 | | (j) The Advisory Board shall convene at the call of the | 15 | | Chair: | 16 | | (1) to examine debilitating conditions or diseases | 17 | | that would benefit from the medical use of cannabis; and | 18 | | (2) to review new medical and scientific evidence | 19 | | pertaining to currently approved conditions. | 20 | | (k) The Advisory Board shall issue an annual report of its | 21 | | activities each year. | 22 | | (l) The Advisory Board shall receive administrative | 23 | | support from the Department. | 24 | | (Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.) | 25 | | (410 ILCS 130/57 new) |
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| 1 | | Sec. 57. Qualifying patients under 18. Qualifying patients | 2 | | that are under the age of 18 years shall not be prohibited from | 3 | | having 2 designated caregivers as follows: if both biological | 4 | | parents or 2 legal guardians of a qualifying patient under 18 | 5 | | both have significant decision-making responsibilities over | 6 | | the qualifying patient, then both may serve as a designated | 7 | | caregiver if they otherwise meet the definition of "designated | 8 | | caregiver" under Section 10; however, if only one biological | 9 | | parent or legal guardian has significant decision-making | 10 | | responsibilities for the qualifying patient under 18, then he | 11 | | or she may appoint a second designated caregiver who meets the | 12 | | definition of "designated caregiver" under Section 10. | 13 | | (410 ILCS 130/60) | 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 60. Issuance of registry identification cards.
| 16 | | (a) Except as provided in subsection (b), the Department of | 17 | | Public Health shall:
| 18 | | (1) verify the information contained in an application | 19 | | or renewal for a registry identification card submitted | 20 | | under this Act, and approve or deny an application or | 21 | | renewal, within 30 days of receiving a completed | 22 | | application or renewal application and all supporting | 23 | | documentation specified in Section 55;
| 24 | | (2) issue registry identification cards to a | 25 | | qualifying patient and his or her designated caregiver, if |
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| 1 | | any, within 15 business days of approving the application | 2 | | or renewal;
| 3 | | (3) enter the registry identification number of the | 4 | | registered dispensing organization the patient designates | 5 | | into the verification system; and
| 6 | | (4) allow for an electronic application process, and | 7 | | provide a confirmation by electronic or other methods that | 8 | | an application has been submitted.
| 9 | | (b) The Department of Public Health may not issue a | 10 | | registry identification card to a qualifying patient who is | 11 | | under 18 years of age, unless that patient suffers from | 12 | | seizures, including those characteristic of epilepsy, or as | 13 | | provided by administrative rule. The Department of Public | 14 | | Health shall adopt rules for the issuance of a registry | 15 | | identification card for qualifying patients who are under 18 | 16 | | years of age and suffering from seizures, including those | 17 | | characteristic of epilepsy.
The Department of Public Health may | 18 | | adopt rules to allow other individuals under 18 years of age to | 19 | | become registered qualifying patients under this Act with the | 20 | | consent of a parent or legal guardian. Registered qualifying | 21 | | patients under 18 years of age shall be prohibited from | 22 | | consuming forms of cannabis other than medical cannabis infused | 23 | | products and purchasing any usable cannabis. | 24 | | (c) A veteran who has received treatment at a VA hospital | 25 | | is deemed to have a bona fide physician-patient relationship | 26 | | with a VA physician if the patient has been seen for his or her |
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| 1 | | debilitating medical condition at the VA hospital in accordance | 2 | | with VA hospital protocols.
All reasonable inferences | 3 | | regarding the existence of a bona fide physician-patient | 4 | | relationship shall be drawn in favor of an applicant who is a | 5 | | veteran and has undergone treatment at a VA hospital.
| 6 | | (c-10) An individual who submits an application as someone | 7 | | who is terminally ill shall have all fees and fingerprinting | 8 | | requirements waived. The Department of Public Health shall | 9 | | within 30 days after this amendatory Act of the 99th General | 10 | | Assembly adopt emergency rules to expedite approval for | 11 | | terminally ill individuals. These rules shall include, but not | 12 | | be limited to, rules that provide that applications by | 13 | | individuals with terminal illnesses shall be approved or denied | 14 | | within 14 days of their submission. | 15 | | (d) Upon the approval of the registration and issuance of a | 16 | | registry card under this Section, the Department of Public | 17 | | Health shall forward the designated caregiver or registered | 18 | | qualified patient's driver's registration number to the | 19 | | Secretary of State and certify that the individual is permitted | 20 | | to engage in the medical use of cannabis. For the purposes of | 21 | | law enforcement, the Secretary of State shall make a notation | 22 | | on the person's driving record stating the person is a | 23 | | registered qualifying patient who is entitled to the lawful | 24 | | medical use of cannabis. If the person no longer holds a valid | 25 | | registry card, the Department shall notify the Secretary of | 26 | | State and the Secretary of State shall remove the notation from |
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| 1 | | the person's driving record. The Department and the Secretary | 2 | | of State may establish a system by which the information may be | 3 | | shared electronically.
| 4 | | (e) Upon the approval of the registration and issuance of a | 5 | | registry card under this Section, the Department of Public | 6 | | Health shall electronically forward the registered qualifying | 7 | | patient's identification card information to the Prescription | 8 | | Monitoring Program established under the Illinois Controlled | 9 | | Substances Act and certify that the individual is permitted to | 10 | | engage in the medical use of cannabis. For the purposes of | 11 | | patient care, the Prescription Monitoring Program shall make a | 12 | | notation on the person's prescription record stating that the | 13 | | person is a registered qualifying patient who is entitled to | 14 | | the lawful medical use of cannabis. If the person no longer | 15 | | holds a valid registry card, the Department of Public Health | 16 | | shall notify the Prescription Monitoring Program and | 17 | | Department of Human Services to remove the notation from the | 18 | | person's record. The Department of Human Services and the | 19 | | Prescription Monitoring Program shall establish a system by | 20 | | which the information may be shared electronically. This | 21 | | confidential list may not be combined or linked in any manner | 22 | | with any other list or database except as provided in this | 23 | | Section. | 24 | | (f) All applicants for a registry card shall be | 25 | | fingerprinted as part of the application process if they are a | 26 | | first-time applicant, if their registry card has already |
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| 1 | | expired, or if they previously have had their registry card | 2 | | revoked or otherwise denied. At renewal, cardholders whose | 3 | | registry cards have not yet expired, been revoked, or otherwise | 4 | | denied shall not be subject to fingerprinting. Registry cards | 5 | | shall be revoked by the Department of Public Health if the | 6 | | Department of Public Health is notified by the Secretary of | 7 | | State that a cardholder has been convicted of an excluded | 8 | | offense. For purposes of enforcing this subsection, the | 9 | | Department of Public Health and Secretary of State shall | 10 | | establish a system by which violations reported to the | 11 | | Secretary of State under paragraph 18 of subsection (a) of | 12 | | Section 6-205 of the Illinois Vehicle Code shall be shared with | 13 | | the Department of Public Health. | 14 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 15 | | (410 ILCS 130/70) | 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 70. Registry identification cards. | 18 | | (a) A registered qualifying patient or designated | 19 | | caregiver must keep their registry identification card in his | 20 | | or her possession at all times when engaging in the medical use | 21 | | of cannabis. | 22 | | (b) Registry identification cards shall contain the | 23 | | following:
| 24 | | (1) the name of the cardholder;
| 25 | | (2) a designation of whether the cardholder is a |
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| 1 | | designated caregiver or qualifying patient;
| 2 | | (3) the date of issuance and expiration date of the | 3 | | registry identification card;
| 4 | | (4) a random alphanumeric identification number that | 5 | | is unique to the cardholder;
| 6 | | (5) if the cardholder is a designated caregiver, the | 7 | | random alphanumeric identification number of the | 8 | | registered qualifying patient the designated caregiver is | 9 | | receiving the registry identification card to assist; and
| 10 | | (6) a photograph of the cardholder, if required by | 11 | | Department of Public Health rules.
| 12 | | (c) To maintain a valid registration identification card, a | 13 | | registered qualifying patient and caregiver must annually | 14 | | resubmit, at least 45 days prior to the expiration date stated | 15 | | on the registry identification card, a completed renewal | 16 | | application, renewal fee, and accompanying documentation as | 17 | | described in Department of Public Health rules. The Department | 18 | | of Public Health shall send a notification to a registered | 19 | | qualifying patient or registered designated caregiver 90 days | 20 | | prior to the expiration of the registered qualifying patient's | 21 | | or registered designated caregiver's identification card. If | 22 | | the Department of Public Health fails to grant or deny a | 23 | | renewal application received in accordance with this Section, | 24 | | then the renewal is deemed granted and the registered | 25 | | qualifying patient or registered designated caregiver may | 26 | | continue to use the expired identification card until the |
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| 1 | | Department of Public Health denies the renewal or issues a new | 2 | | identification card.
| 3 | | (d) Except as otherwise provided in this Section, the | 4 | | expiration date is 3 years one year after the date of issuance.
| 5 | | (e) The Department of Public Health may electronically | 6 | | store in the card any or all of the information listed in | 7 | | subsection (b), along with the address and date of birth of the | 8 | | cardholder and the qualifying patient's designated dispensary | 9 | | organization, to allow it to be read by law enforcement agents.
| 10 | | (Source: P.A. 98-122, eff. 1-1-14.) | 11 | | (410 ILCS 130/75) | 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 75. Notifications to Department of Public Health and | 14 | | responses; civil penalty. | 15 | | (a) The following notifications and Department of Public | 16 | | Health responses are required:
| 17 | | (1) A registered qualifying patient shall notify the | 18 | | Department of Public Health of any change in his or her | 19 | | name or address, or if the registered qualifying patient | 20 | | ceases to have his or her debilitating medical condition, | 21 | | within 10 days of the change.
| 22 | | (2) A registered designated caregiver shall notify the | 23 | | Department of Public Health of any change in his or her | 24 | | name or address, or if the designated caregiver becomes | 25 | | aware the registered qualifying patient passed away, |
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| 1 | | within 10 days of the change.
| 2 | | (3) Before a registered qualifying patient changes his | 3 | | or her designated caregiver, the qualifying patient must | 4 | | notify the Department of Public Health.
| 5 | | (4) If a cardholder loses his or her registry | 6 | | identification card, he or she shall notify the Department | 7 | | within 10 days of becoming aware the card has been lost.
| 8 | | (b) When a cardholder notifies the Department of Public | 9 | | Health of items listed in subsection (a), but remains eligible | 10 | | under this Act, the Department of Public Health shall issue the | 11 | | cardholder a new registry identification card with a new random | 12 | | alphanumeric identification number within 15 business days of | 13 | | receiving the updated information and a fee as specified in | 14 | | Department of Public Health rules. If the person notifying the | 15 | | Department of Public Health is a registered qualifying patient, | 16 | | the Department shall also issue his or her registered | 17 | | designated caregiver, if any, a new registry identification | 18 | | card within 15 business days of receiving the updated | 19 | | information.
| 20 | | (c) If a registered qualifying patient ceases to be a | 21 | | registered qualifying patient or changes his or her registered | 22 | | designated caregiver, the Department of Public Health shall | 23 | | promptly notify the designated caregiver. The registered | 24 | | designated caregiver's protections under this Act as to that | 25 | | qualifying patient shall expire 15 days after notification by | 26 | | the Department.
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| 1 | | (d) A cardholder who fails to make a notification to the | 2 | | Department of Public Health that is required by this Section is | 3 | | subject to a civil infraction, punishable by a penalty of no | 4 | | more than $150.
| 5 | | (e) A registered qualifying patient shall notify the | 6 | | Department of Public Health of any change to his or her | 7 | | designated registered dispensing organization. Registered | 8 | | dispensing organizations must comply with all requirements of | 9 | | this Act.
| 10 | | (f) If the registered qualifying patient's certifying | 11 | | physician notifies the Department in writing that either the | 12 | | registered qualifying patient has ceased to suffer from a | 13 | | debilitating medical condition or that the physician no longer | 14 | | believes the patient would receive therapeutic or palliative | 15 | | benefit from the medical use of cannabis , the card shall become | 16 | | null and void. However, the registered qualifying patient shall | 17 | | have 15 days to destroy his or her remaining medical cannabis | 18 | | and related paraphernalia.
| 19 | | (Source: P.A. 98-122, eff. 1-1-14.) | 20 | | (410 ILCS 130/220) | 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 220. Repeal of Act. This Act is repealed on July 1, | 23 | | 2020 4 years after the effective date of this Act .
| 24 | | (Source: P.A. 98-122, eff. 1-1-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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