Full Text of HB5633 103rd General Assembly
HB5633 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5633 Introduced 2/9/2024, by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: | | 410 ILCS 130/60 | | 410 ILCS 130/62 | | 410 ILCS 130/70 | | 410 ILCS 130/75 | |
| Amends the Compassionate Use of Medical Cannabis Program Act. Removes the requirement that, in order to substantiate a patient's medical condition, a patient must provide the name of the registered medical cannabis dispensing organization. Provides that a patient may purchase medical cannabis from any licensed dispensing organization during the provisional registration period. Makes conforming changes throughout. Effective immediately. |
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| | A BILL FOR |
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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 Sections 60, 62, 70, and 75 | 6 | | as follows: | 7 | | (410 ILCS 130/60) | 8 | | Sec. 60. Issuance of registry identification cards. | 9 | | (a) Except as provided in subsection (b), the Department | 10 | | of Public Health shall: | 11 | | (1) verify the information contained in an application | 12 | | or renewal for a registry identification card submitted | 13 | | under this Act, and approve or deny an application or | 14 | | renewal, within 90 days of receiving a completed | 15 | | application or renewal application and all supporting | 16 | | documentation specified in Section 55; | 17 | | (2) issue registry identification cards to a | 18 | | qualifying patient and his or her designated caregiver, if | 19 | | any, within 15 business days of approving the application | 20 | | or renewal; | 21 | | (3) (blank); and enter the registry identification | 22 | | number of the registered dispensing organization the | 23 | | patient designates into the verification system; and |
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| 1 | | (4) allow for an electronic application process, and | 2 | | provide a confirmation by electronic or other methods that | 3 | | an application has been submitted. | 4 | | Notwithstanding any other provision of this Act, the | 5 | | Department of Public Health shall adopt rules for qualifying | 6 | | patients and applicants with life-long debilitating medical | 7 | | conditions, who may be charged annual renewal fees. The | 8 | | Department of Public Health shall not require patients and | 9 | | applicants with life-long debilitating medical conditions to | 10 | | apply to renew registry identification cards. | 11 | | (b) The Department of Public Health may not issue a | 12 | | registry identification card to a qualifying patient who is | 13 | | under 18 years of age, unless that patient suffers from | 14 | | seizures, including those characteristic of epilepsy, or as | 15 | | provided by administrative rule. The Department of Public | 16 | | Health shall adopt rules for the issuance of a registry | 17 | | identification card for qualifying patients who are under 18 | 18 | | years of age and suffering from seizures, including those | 19 | | characteristic of epilepsy. The Department of Public Health | 20 | | may adopt rules to allow other individuals under 18 years of | 21 | | age to become registered qualifying patients under this Act | 22 | | with the consent of a parent or legal guardian. Registered | 23 | | qualifying patients under 18 years of age shall be prohibited | 24 | | from consuming forms of cannabis other than medical cannabis | 25 | | infused products and purchasing any usable cannabis. | 26 | | (c) A veteran who has received treatment at a VA hospital |
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| 1 | | is deemed to have a bona fide health care professional-patient | 2 | | relationship with a VA certifying health care professional if | 3 | | the patient has been seen for his or her debilitating medical | 4 | | condition at the VA hospital in accordance with VA hospital | 5 | | protocols. All reasonable inferences regarding the existence | 6 | | of a bona fide health care professional-patient relationship | 7 | | shall be drawn in favor of an applicant who is a veteran and | 8 | | has undergone treatment at a VA hospital. | 9 | | (c-10) An individual who submits an application as someone | 10 | | who is terminally ill shall have all fees waived. The | 11 | | Department of Public Health shall within 30 days after this | 12 | | amendatory Act of the 99th General Assembly adopt emergency | 13 | | rules to expedite approval for terminally ill individuals. | 14 | | These rules shall include, but not be limited to, rules that | 15 | | provide that applications by individuals with terminal | 16 | | illnesses shall be approved or denied within 14 days of their | 17 | | submission. | 18 | | (d) No later than 6 months after the effective date of this | 19 | | amendatory Act of the 101st General Assembly, the Secretary of | 20 | | State shall remove all existing notations on driving records | 21 | | that the person is a registered qualifying patient or his or | 22 | | her caregiver under this Act. | 23 | | (e) Upon the approval of the registration and issuance of | 24 | | a registry card under this Section, the Department of Public | 25 | | Health shall electronically forward the registered qualifying | 26 | | patient's identification card information to the Prescription |
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| 1 | | Monitoring Program established under the Illinois Controlled | 2 | | Substances Act and certify that the individual is permitted to | 3 | | engage in the medical use of cannabis. For the purposes of | 4 | | patient care, the Prescription Monitoring Program shall make a | 5 | | notation on the person's prescription record stating that the | 6 | | person is a registered qualifying patient who is entitled to | 7 | | the lawful medical use of cannabis. If the person no longer | 8 | | holds a valid registry card, the Department of Public Health | 9 | | shall notify the Prescription Monitoring Program and | 10 | | Department of Human Services to remove the notation from the | 11 | | person's record. The Department of Human Services and the | 12 | | Prescription Monitoring Program shall establish a system by | 13 | | which the information may be shared electronically. This | 14 | | confidential list may not be combined or linked in any manner | 15 | | with any other list or database except as provided in this | 16 | | Section. | 17 | | (f) (Blank). | 18 | | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | 19 | | 101-593, eff. 12-4-19.) | 20 | | (410 ILCS 130/62) | 21 | | Sec. 62. Opioid Alternative Pilot Program. | 22 | | (a) The Department of Public Health shall establish the | 23 | | Opioid Alternative Pilot Program. Licensed dispensing | 24 | | organizations shall allow persons with a written certification | 25 | | from a certifying health care professional under Section 36 to |
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| 1 | | purchase medical cannabis upon enrollment in the Opioid | 2 | | Alternative Pilot Program. The Department of Public Health | 3 | | shall adopt rules or establish procedures allowing qualified | 4 | | veterans to participate in the Opioid Alternative Pilot | 5 | | Program. For a person to receive medical cannabis under this | 6 | | Section, the person must present the written certification | 7 | | along with a valid driver's license or state identification | 8 | | card to the licensed dispensing organization specified in his | 9 | | or her application . The dispensing organization shall verify | 10 | | the person's status as an Opioid Alternative Pilot Program | 11 | | participant through the Department of Public Health's online | 12 | | verification system. | 13 | | (b) The Opioid Alternative Pilot Program shall be limited | 14 | | to participation by Illinois residents age 21 and older. | 15 | | (c) The Department of Financial and Professional | 16 | | Regulation shall specify that all licensed dispensing | 17 | | organizations participating in the Opioid Alternative Pilot | 18 | | Program use the Illinois Cannabis Tracking System. The | 19 | | Department of Public Health shall establish and maintain the | 20 | | Illinois Cannabis Tracking System. The Illinois Cannabis | 21 | | Tracking System shall be used to collect information about all | 22 | | persons participating in the Opioid Alternative Pilot Program | 23 | | and shall be used to track the sale of medical cannabis for | 24 | | verification purposes. | 25 | | Each dispensing organization shall retain a copy of the | 26 | | Opioid Alternative Pilot Program certification and other |
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| 1 | | identifying information as required by the Department of | 2 | | Financial and Professional Regulation, the Department of | 3 | | Public Health, and the Illinois State Police in the Illinois | 4 | | Cannabis Tracking System. | 5 | | The Illinois Cannabis Tracking System shall be accessible | 6 | | to the Department of Financial and Professional Regulation, | 7 | | Department of Public Health, Department of Agriculture, and | 8 | | the Illinois State Police. | 9 | | The Department of Financial and Professional Regulation in | 10 | | collaboration with the Department of Public Health shall | 11 | | specify the data requirements for the Opioid Alternative Pilot | 12 | | Program by licensed dispensing organizations; including, but | 13 | | not limited to, the participant's full legal name, address, | 14 | | and date of birth, date on which the Opioid Alternative Pilot | 15 | | Program certification was issued, length of the participation | 16 | | in the Program, including the start and end date to purchase | 17 | | medical cannabis, name of the issuing physician, copy of the | 18 | | participant's current driver's license or State identification | 19 | | card, and phone number. | 20 | | The Illinois Cannabis Tracking System shall provide | 21 | | verification of a person's participation in the Opioid | 22 | | Alternative Pilot Program for law enforcement at any time and | 23 | | on any day. | 24 | | (d) The certification for Opioid Alternative Pilot Program | 25 | | participant must be issued by a certifying health care | 26 | | professional who is licensed to practice in Illinois under the |
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| 1 | | Medical Practice Act of 1987, the Nurse Practice Act, or the | 2 | | Physician Assistant Practice Act of 1987 and who is in good | 3 | | standing and holds a controlled substances license under | 4 | | Article III of the Illinois Controlled Substances Act. | 5 | | The certification for an Opioid Alternative Pilot Program | 6 | | participant shall be written within 90 days before the | 7 | | participant submits his or her certification to the dispensing | 8 | | organization. | 9 | | The written certification uploaded to the Illinois | 10 | | Cannabis Tracking System shall be accessible to the Department | 11 | | of Public Health. | 12 | | (e) Upon verification of the individual's valid | 13 | | certification and enrollment in the Illinois Cannabis Tracking | 14 | | System, the dispensing organization may dispense the medical | 15 | | cannabis, in amounts not exceeding 2.5 ounces of medical | 16 | | cannabis per 14-day period to the participant at the | 17 | | participant's specified dispensary for no more than 90 days. | 18 | | An Opioid Alternative Pilot Program participant shall not | 19 | | be registered as a medical cannabis cardholder. The dispensing | 20 | | organization shall verify that the person is not an active | 21 | | registered qualifying patient prior to enrollment in the | 22 | | Opioid Alternative Pilot Program and each time medical | 23 | | cannabis is dispensed. | 24 | | Upon receipt of a written certification under the Opioid | 25 | | Alternative Pilot Program, the Department of Public Health | 26 | | shall electronically forward the patient's identification |
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| 1 | | information to the Prescription Monitoring Program established | 2 | | under the Illinois Controlled Substances Act and certify that | 3 | | the individual is permitted to engage in the medical use of | 4 | | cannabis. For the purposes of patient care, the Prescription | 5 | | Monitoring Program shall make a notation on the person's | 6 | | prescription record stating that the person has a written | 7 | | certification under the Opioid Alternative Pilot Program and | 8 | | is a patient who is entitled to the lawful medical use of | 9 | | cannabis. If the person is no longer authorized to engage in | 10 | | the medical use of cannabis, the Department of Public Health | 11 | | shall notify the Prescription Monitoring Program and | 12 | | Department of Human Services to remove the notation from the | 13 | | person's record. The Department of Human Services and the | 14 | | Prescription Monitoring Program shall establish a system by | 15 | | which the information may be shared electronically. This | 16 | | confidential list may not be combined or linked in any manner | 17 | | with any other list or database except as provided in this | 18 | | Section. | 19 | | (f) An Opioid Alternative Pilot Program participant shall | 20 | | not be considered a qualifying patient with a debilitating | 21 | | medical condition under this Act and shall be provided access | 22 | | to medical cannabis solely for the duration of the | 23 | | participant's certification. Nothing in this Section shall be | 24 | | construed to limit or prohibit an Opioid Alternative Pilot | 25 | | Program participant who has a debilitating medical condition | 26 | | from applying to the Compassionate Use of Medical Cannabis |
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| 1 | | Program. | 2 | | (g) A person with a provisional registration under Section | 3 | | 55 shall not be considered an Opioid Alternative Pilot Program | 4 | | participant. | 5 | | (h) The Department of Financial and Professional | 6 | | Regulation and the Department of Public Health shall submit | 7 | | emergency rulemaking to implement the changes made by this | 8 | | amendatory Act of the 100th General Assembly by December 1, | 9 | | 2018. The Department of Financial and Professional Regulation, | 10 | | the Department of Agriculture, the Department of Human | 11 | | Services, the Department of Public Health, and the Illinois | 12 | | State Police shall utilize emergency purchase authority for 12 | 13 | | months after the effective date of this amendatory Act of the | 14 | | 100th General Assembly for the purpose of implementing the | 15 | | changes made by this amendatory Act of the 100th General | 16 | | Assembly. | 17 | | (i) Dispensing organizations are not authorized to | 18 | | dispense medical cannabis to Opioid Alternative Pilot Program | 19 | | participants until administrative rules are approved by the | 20 | | Joint Committee on Administrative Rules and go into effect. | 21 | | (j) The provisions of this Section are inoperative on and | 22 | | after July 1, 2025. | 23 | | (Source: P.A. 101-363, eff. 8-9-19; 102-16, eff. 6-17-21.) | 24 | | (410 ILCS 130/70) | 25 | | Sec. 70. Registry identification cards. |
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| 1 | | (a) A registered qualifying patient or designated | 2 | | caregiver must keep their registry identification card in his | 3 | | or her possession at all times when engaging in the medical use | 4 | | of cannabis. | 5 | | (b) Registry identification cards shall contain the | 6 | | following: | 7 | | (1) the name of the cardholder; | 8 | | (2) a designation of whether the cardholder is a | 9 | | designated caregiver or qualifying patient; | 10 | | (3) the date of issuance and expiration date of the | 11 | | registry identification card; | 12 | | (4) a random alphanumeric identification number that | 13 | | is unique to the cardholder; | 14 | | (5) if the cardholder is a designated caregiver, the | 15 | | random alphanumeric identification number of the | 16 | | registered qualifying patient the designated caregiver is | 17 | | receiving the registry identification card to assist; and | 18 | | (6) a photograph of the cardholder, if required by | 19 | | Department of Public Health rules. | 20 | | (c) To maintain a valid registration identification card, | 21 | | a registered qualifying patient and caregiver must annually | 22 | | resubmit, at least 45 days prior to the expiration date stated | 23 | | on the registry identification card, a completed renewal | 24 | | application, renewal fee, and accompanying documentation as | 25 | | described in Department of Public Health rules. The Department | 26 | | of Public Health shall send a notification to a registered |
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| 1 | | qualifying patient or registered designated caregiver 90 days | 2 | | prior to the expiration of the registered qualifying patient's | 3 | | or registered designated caregiver's identification card. If | 4 | | the Department of Public Health fails to grant or deny a | 5 | | renewal application received in accordance with this Section, | 6 | | then the renewal is deemed granted and the registered | 7 | | qualifying patient or registered designated caregiver may | 8 | | continue to use the expired identification card until the | 9 | | Department of Public Health denies the renewal or issues a new | 10 | | identification card. | 11 | | (d) Except as otherwise provided in this Section, the | 12 | | expiration date is 3 years after the date of issuance. | 13 | | (e) The Department of Public Health may electronically | 14 | | store in the card any or all of the information listed in | 15 | | subsection (b), along with the address and date of birth of the | 16 | | cardholder and the qualifying patient's designated dispensary | 17 | | organization , to allow it to be read by law enforcement | 18 | | agents. | 19 | | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16 .) | 20 | | (410 ILCS 130/75) | 21 | | Sec. 75. Notifications to Department of Public Health and | 22 | | responses; civil penalty. | 23 | | (a) The following notifications and Department of Public | 24 | | Health responses are required: | 25 | | (1) A registered qualifying patient shall notify the |
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| 1 | | Department of Public Health of any change in his or her | 2 | | name or address, or if the registered qualifying patient | 3 | | ceases to have his or her debilitating medical condition, | 4 | | within 10 days of the change. | 5 | | (2) A registered designated caregiver shall notify the | 6 | | Department of Public Health of any change in his or her | 7 | | name or address, or if the designated caregiver becomes | 8 | | aware the registered qualifying patient passed away, | 9 | | within 10 days of the change. | 10 | | (3) Before a registered qualifying patient changes his | 11 | | or her designated caregiver, the qualifying patient must | 12 | | notify the Department of Public Health. | 13 | | (4) If a cardholder loses his or her registry | 14 | | identification card, he or she shall notify the Department | 15 | | within 10 days of becoming aware the card has been lost. | 16 | | (b) When a cardholder notifies the Department of Public | 17 | | Health of items listed in subsection (a), but remains eligible | 18 | | under this Act, the Department of Public Health shall issue | 19 | | the cardholder a new registry identification card with a new | 20 | | random alphanumeric identification number within 15 business | 21 | | days of receiving the updated information and a fee as | 22 | | specified in Department of Public Health rules. If the person | 23 | | notifying the Department of Public Health is a registered | 24 | | qualifying patient, the Department shall also issue his or her | 25 | | registered designated caregiver, if any, a new registry | 26 | | identification card within 15 business days of receiving the |
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| 1 | | updated information. | 2 | | (c) If a registered qualifying patient ceases to be a | 3 | | registered qualifying patient or changes his or her registered | 4 | | designated caregiver, the Department of Public Health shall | 5 | | promptly notify the designated caregiver. The registered | 6 | | designated caregiver's protections under this Act as to that | 7 | | qualifying patient shall expire 15 days after notification by | 8 | | the Department. | 9 | | (d) A cardholder who fails to make a notification to the | 10 | | Department of Public Health that is required by this Section | 11 | | is subject to a civil infraction, punishable by a penalty of no | 12 | | more than $150. | 13 | | (e) (Blank). A registered qualifying patient shall notify | 14 | | the Department of Public Health of any change to his or her | 15 | | designated registered dispensing organization. The Department | 16 | | of Public Health shall provide for immediate changes of a | 17 | | registered qualifying patient's designated registered | 18 | | dispensing organization. Registered dispensing organizations | 19 | | must comply with all requirements of this Act. | 20 | | (f) If the registered qualifying patient's certifying | 21 | | health care professional notifies the Department in writing | 22 | | that either the registered qualifying patient has ceased to | 23 | | suffer from a debilitating medical condition, that the bona | 24 | | fide health care professional-patient relationship has | 25 | | terminated, or that continued use of medical cannabis would | 26 | | result in contraindication with the patient's other |
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| 1 | | medication, the card shall become null and void. However, the | 2 | | registered qualifying patient shall have 15 days to destroy | 3 | | his or her remaining medical cannabis and related | 4 | | paraphernalia. | 5 | | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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