Sen. William R. Haine
Filed: 3/25/2009
 
 

 




 

 		












09600SB1381sam002

LRB096 09012 RLC 22733 a






1

AMENDMENT TO SENATE BILL 1381




2
    AMENDMENT NO. ______. Amend Senate Bill 1381 on page 2, 
3
line 17, by replacing "practitioners" with "physicians"; and 
  
4
by replacing lines 16 through 26 on page 3 and lines 1 through 
5
6 on page 4 with the following:


6
    "(b) "Debilitating medical condition" means one or more of 
7
the following:
8
        (1) cancer, glaucoma, positive status for human 
9
    immunodeficiency virus, acquired immune deficiency 
10
    syndrome, hepatitis C, amyotrophic lateral sclerosis, 
11
    Crohn's disease, agitation of Alzheimer's disease, nail 
12
    patella, or the treatment of these conditions;
13
        (2) a chronic or debilitating disease or medical 
14
    condition or its treatment that produces one or more of the 
15
    following: cachexia or wasting syndrome; severe pain; 
16
    severe nausea; seizures, including but not limited to those 
17
    characteristic of epilepsy; or severe and persistent 
 


 






09600SB1381sam002
- 2 -
LRB096 09012 RLC 22733 a




1
    muscle spasms, including but not limited to those 
2
    characteristic of multiple sclerosis;
3
        (3) a debilitating disease or medical condition or its 
4
    treatment that produces intractable pain, which is severe, 
5
    debilitating pain that did not respond to other reasonable 
6
    medical efforts for a reasonable period of time, including 
7
    in cases where other treatment options produced serious 
8
    side effects;
9
        (4) a debilitating disease or medical condition or its 
10
    treatment that produces severe, debilitating nausea that 
11
    did not respond to other reasonable medical efforts for a 
12
    reasonable
period of time, including cases where other 
13
    treatment options produced serious side effects; or
14
        (5) any other medical condition or its treatment 
15
    approved by the Department, as provided for in subsection 
16
    (a) of Section 20."; and

 
17
on page 5, by replacing lines 4 through 6 with the following:
18
    "(h)  "Physician" means a person licensed under the Medical 
19
Practice Act of 1987 to practice medicine in all its branches 
20
who has the authority to prescribe under Article III of the 
21
Illinois Controlled Substances Act."; and
 
22
on page 5, line 17, by replacing "practitioner" with 
23
"physician"; and
 
 


 






09600SB1381sam002
- 3 -
LRB096 09012 RLC 22733 a




1
on page 6, by replacing lines 4 through 15 with the following:
2
    "(n) "Written certification" means a document signed by a 
3
physician, stating: (1) that in the physician's professional 
4
opinion the patient is likely to receive therapeutic or 
5
palliative benefit from the medical use of cannabis to treat or 
6
alleviate the patient's debilitating medical condition or 
7
symptoms associated with the debilitating medical condition; 
8
(2) that the qualifying patient has a debilitating medical 
9
condition and specifying what debilitating medical condition 
10
the qualifying patient has; and (3) that the patient is under 
11
the physician's care for the debilitating medical condition. A 
12
written certification shall be made only in the course of a 
13
bona fide physician-patient relationship after the physician 
14
has completed a full assessment of the qualifying patient's 
15
medical history."; and
 
16
on page 9, line 20, by replacing "practitioner" with 
17
"physician"; and
 
18
on page 9, line 26, by replacing "practitioner's" with 
19
"physician's"; and
 
20
on page 10, line 6, by replacing "practitioner" with 
21
"physician"; and
 
22
on page 12, by replacing lines 16 through 18 with the 
 


 






09600SB1381sam002
- 4 -
LRB096 09012 RLC 22733 a




1
following:
2
"Act. The fee shall include an additional $3 per registry 
3
identification card which shall be used to develop and 
4
disseminate educational information about the health risks 
5
associated with the abuse of cannabis and prescription 
6
medications. The Department may establish a sliding scale of"; 
7
and
 
8
on page 12, by inserting immediately below line 21 the 
9
following:
10
    "(c)  Not later than 120 days after the effective date of 
11
this Act, the Department shall promulgate rules governing the 
12
manner in which it shall consider applications for and renewals 
13
of registration certificates for medical cannabis 
14
organizations, including rules governing the form and content 
15
of registration and renewal applications, and a standard form 
16
for written certifications."; and

 
17
on page 13, line 1, by inserting after "certification" the 
18
following:
19
", which shall be on a form developed by the Department"; and
 
20
on page 13, line 7, by replacing "practitioner" with 
21
"physician"; and
 
22
on page 13, line 13, by replacing "practitioner" with 
 


 






09600SB1381sam002
- 5 -
LRB096 09012 RLC 22733 a




1
"physician"; and
 
2
on page 15, line 14, by replacing "practitioner" with 
3
"physician"; and
 
4
on page 16, line 25, by replacing "practitioners" with 
5
"physicians"; and
 
6
on page 18, line 3, by replacing "practitioners" with 
7
"physicians"; and
 
8
on page 18, line 13, by replacing "practitioners" with 
9
"physicians"; and
 
10
on page 18, by replacing lines 15 through 24 with the 
11
following:
12
    "(j)  The Department shall develop and disseminate 
13
educational information about the health risks associated with 
14
the abuse of cannabis and prescription medications, which shall 
15
be funded by the $3 fees generated from registry identification 
16
cards."; and
 
17
on page 20, by inserting immediately line 13 the following:
18
    "(d)  Nothing in this Act shall be construed to prevent the 
19
arrest or prosecution of a registered qualifying patient for 
20
reckless driving or driving under the influence of cannabis 
 


 






09600SB1381sam002
- 6 -
LRB096 09012 RLC 22733 a




1
where probable cause exists. 
2
    (e)  This Act shall in no way limit an employer's ability to 
3
discipline an employee for ingesting cannabis in the workplace 
4
or for working while under the influence of cannabis. This Act 
5
shall in no way limit an employer's ability to discipline an 
6
employee for failing a drug test if failing to do so would put 
7
the employer in violation of federal law or cause it to lose a 
8
federal contract or funding."; and
 
9
on page 20, line 21, by replacing "practitioner" with 
10
"physician"; and
 
11
on page 20, line 22, by replacing "practitioner's" with 
12
"physician's"; and
 
13
on page 20, line 25, by replacing "practitioner-patient" with 
14
"physician-patient"; and
 
15
on page 27, line 7, by replacing "reasonable" with "random"; 
16
and
 
17
by replacing lines 15 through 24 on page 30 and lines 1 through 
18
13 on page 31 with the following:
19
    "(a) By July 1, 2010, the Department shall adopt rules 
20
defining the quantity of cannabis that could reasonably be 
21
presumed to be a 60-day supply for qualifying patients.
 


 






09600SB1381sam002
- 7 -
LRB096 09012 RLC 22733 a




1
    (b) During the rule-making process, the Department shall 
2
make a good faith effort to include all stakeholders identified 
3
in the rule-making analysis as being impacted by the rule.
4
    (c) Stakeholders shall include, but are not limited to: 
5
        (1)  at least 3 physicians, one of whom must have prior 
6
    experience treating medical cannabis patients and another 
7
    who specializes in oncology; 
8
        (2) 2 nurses, one of whom must have prior experience 
9
    treating HIV/AIDS patients;
10
        (3)  a representative from hospice;
11
        (4) a representative from the law enforcement 
12
    community; 
13
        (5) the Director of State Police or his or her 
14
    designee;
15
        (6)  a prosecuting attorney currently employed by the 
16
    State of Illinois;
17
        (7) a public defender currently employed by the State 
18
    of Illinois;
19
        (8) a defense attorney in private practice;
20
        (9) a licensed phlebotomist; and 
21
        (10)  a horticulturist."; and

 
22
on page 34, by inserting immediately below line 5 the 
23
following:
24
    "(3)  Any registered qualifying patient or registered 
25
primary caregiver who sells cannabis to someone who is not 
 


 






09600SB1381sam002
- 8 -
LRB096 09012 RLC 22733 a




1
allowed to use cannabis is subject to a penalty enhancement of 
2
not more than 2 years in prison or a fine of not more than 
3
$2,000, or both, for abuse of the Compassionate Use of Medical 
4
Cannabis Pilot Program Act.".