Bill Text: IL SB0346 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning refusal of services and informing of risks.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0346 Detail]

Download: Illinois-2015-SB0346-Engrossed.html

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SB0346 Engrossed LRB099 03282 RLC 23290 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 10, 25, 35, 50, 55,
60, 75, and 220 and by adding Section 74 as follows:
(410 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of 14
days and that is derived solely from an intrastate source.
(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.
(3) This subsection may not be construed to authorize

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the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(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.
(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.
(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.
(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.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation

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center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(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

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characteristic of epilepsy), or the treatment of these
conditions; 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.
(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.
(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.
(l) "Excluded offense" means:
(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

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jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law 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.
(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.
(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

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to registered qualifying patients.
(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.
(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.
(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

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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 in the physician's
professional opinion the patient is likely to receive
therapeutic or palliative benefit from the medical use of

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cannabis to treat or alleviate the patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition; (2) that the qualifying patient has a
debilitating medical condition and specifying the debilitating
medical condition the qualifying patient has; and (2) (3) that
the patient is under the physician's care for the physician is
treating or managing treatment of the patient's debilitating
medical condition. 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 the
qualifying patient's medical history, reviewed relevant
records related to the patient's debilitating condition, and
conducted a physical examination.
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.)
(410 ILCS 130/35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35. Physician requirements.

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(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
making a medical cannabis recommendation 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 recommended the
medical use of cannabis. 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

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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

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(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.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/60)
(Section scheduled to be repealed on January 1, 2018)
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 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

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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

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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.
(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

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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.
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
(410 ILCS 130/74 new)
Sec. 74. Posting of patient information on the use of
medical cannabis. The Department of Public Health shall post
on its website information available from other State public
health departments or other sources on the proper use of
medical cannabis. This information shall include at a minimum
any available information on the risks and benefits of cannabis
use for medical conditions. Each licensed dispensary shall post
on its websites information available from State public health
departments or other sources on the proper use of medical
cannabis. This information shall include at a minimum any

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available information on the risks and benefits of cannabis use
for medical conditions.
(410 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2018)
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

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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

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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 or that the physician no longer
believes the patient would receive therapeutic or palliative
benefit from the medical use of cannabis, 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.)
(410 ILCS 130/220)
(Section scheduled to be repealed on January 1, 2018)
Sec. 220. Repeal of Act. This Act is repealed on July 1,
2020 4 years after the effective date of this Act.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.