SB2378 99TH GENERAL ASSEMBLY

LRB099 18346 MJP 42721 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2378

Introduced 2/3/2016, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

410 ILCS 130/130
410 ILCS 130/150
410 ILCS 130/225 new

Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Requires dispensing organizations to provide, at the time of dispensing, a detailed written explanation of the risks and benefits of medical cannabis usage to a qualifying patient or registered designated caregiver. Specifies the information that must be included in those written materials. Requires the dispensing organization to document the provision of those written materials and to retain that documentation for a period of not less than 5 years. Requires dispensing organizations to transmit certain information to the Prescription Monitoring Program established under the Illinois Controlled Substances Act each time medical cannabis is dispensed. Requires that information to be transmitted not more than 7 days after the date on which the medical cannabis is dispensed. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 130 and 150 and by adding Section 225 as follows:

(410 ILCS 130/130)

(Section scheduled to be repealed on January 1, 2018)

Sec. 130. Requirements; prohibitions; penalties; dispensing organizations.

(a) The Department of Financial and Professional Regulation shall implement the provisions of this Section by rule.

(b) A dispensing organization shall maintain operating documents which shall include procedures for the oversight of the registered dispensing organization and procedures to ensure accurate recordkeeping.

(c) A dispensing organization shall implement appropriate security measures, as provided by rule, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.

(d) A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

(e) A dispensing organization is prohibited from acquiring cannabis from anyone other than a registered cultivation center. A dispensing organization is prohibited from obtaining cannabis from outside the State of Illinois.

(f) A registered dispensing organization is prohibited from dispensing cannabis for any purpose except to assist registered qualifying patients with the medical use of cannabis directly or through the qualifying patients' designated caregivers.

(g) The area in a dispensing organization where medical cannabis is stored can only be accessed by dispensing organization agents working for the dispensing organization, Department of Financial and Professional Regulation staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring.

(h) A dispensing organization may not dispense more than 2.5 ounces of cannabis to a registered qualifying patient, directly or via a designated caregiver, in any 14-day period unless the qualifying patient has a Department of Public Health-approved quantity waiver.

(i) Before medical cannabis may be dispensed to a designated caregiver or a registered qualifying patient, a dispensing organization agent must determine that the individual is a current cardholder in the verification system and must verify each of the following:

(1) that the registry identification card presented to the registered dispensing organization is valid;

(2) that the person presenting the card is the person identified on the registry identification card presented to the dispensing organization agent;

(3) that the dispensing organization is the designated dispensing organization for the registered qualifying patient who is obtaining the cannabis directly or via his or her designated caregiver; and

(4) that the registered qualifying patient has not exceeded his or her adequate supply.

(j) Dispensing organizations shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much medical cannabis is dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the cannabis was dispensed. Additional recordkeeping requirements may be set by rule.

(k) The physician-patient privilege as set forth by Section 8-802 of the Code of Civil Procedure shall apply between a qualifying patient and a registered dispensing organization and its agents with respect to communications and records concerning qualifying patients' debilitating conditions.

(l) A dispensing organization may not permit any person to consume cannabis on the property of a medical cannabis organization.

(m) A dispensing organization may not share office space with or refer patients to a physician.

(n) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department of Financial and Professional Regulation may deem proper with regard to the registration of any person issued under this Act to operate a dispensing organization or act as a dispensing organization agent, including imposing fines not to exceed $10,000 for each violation, for any violations of this Act and rules adopted in accordance with this Act. The procedures for disciplining a registered dispensing organization shall be determined by rule. All final administrative decisions of the Department of Financial and Professional Regulation are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(o) Dispensing organizations are subject to random inspection and cannabis testing by the Department of Financial and Professional Regulation and State Police as provided by rule.

(p) Dispensing organizations shall provide, at the time of dispensing, a detailed written explanation of the risks and benefits of medical cannabis usage to a qualifying patient or his or her registered designated caregiver.

The written materials, in a format developed by the Department of Public Health, shall include the following:

(1) updated information about the purported effectiveness of various forms and methods of medical cannabis administration;

(2) updated information about the purported effectiveness of strains of medical cannabis on specific conditions;

(3) current educational information issued by the Department of Public Health about the health risks associated with the use or abuse of cannabis;

(4) information about whether possession of cannabis is illegal under federal law;

(5) information about possible adverse effects;

(6) information about the prohibition on smoking medical cannabis in public places; and

(7) any other appropriate patient education or support materials.

The provision of these written materials shall be documented by the dispensing organization, and that documentation shall be retained by the dispensing organization for a period of not less than 5 years.

(Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/150)

(Section scheduled to be repealed on January 1, 2018)

Sec. 150. Registry identification and registration certificate verification.

(a) The Department of Public Health shall maintain a confidential list of the persons to whom the Department of Public Health has issued registry identification cards and their addresses, phone numbers, and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list or database except as provided in this Section.

(b) Within 180 days of the effective date of this Act, the Department of Public Health, Department of Financial and Professional Regulation, and Department of Agriculture shall together establish a computerized database or verification system. The database or verification system must allow law enforcement personnel and medical cannabis dispensary organization agents to determine whether or not the identification number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid, whether the cardholder is a registered qualifying patient or a registered designated caregiver, the registry identification number of the registered medical cannabis dispensing organization designated to serve the registered qualifying patient who holds the card, and the registry identification number of the patient who is assisted by a registered designated caregiver who holds the card. The Department of Public Health, the Department of Agriculture, the Department of State Police, and the Department of Financial and Professional Regulation shall not share or disclose any existing or non-existing Illinois or national criminal history record information. Notwithstanding any other requirements established by this subsection, the Department of Public Health shall issue registry cards to qualifying patients, the Department of Financial and Professional Regulation may issue registration to medical cannabis dispensing organizations for the period during which the database is being established, and the Department of Agriculture may issue registration to medical cannabis cultivation organizations for the period during which the database is being established.

(b-5) Nothing in this Section shall prohibit the disclosure of information pursuant to Section 225 of this Act to the Prescription Monitoring Program established under the Illinois Controlled Substances Act.

(c) For the purposes of this Section, "any existing or non-existing Illinois or national criminal history record information" means any Illinois or national criminal history record information, including but not limited to the lack of or non-existence of these records.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

(410 ILCS 130/225 new)

Sec. 225. Reporting to the Prescription Monitoring Program.

(a) The dispensing organization that dispenses medical cannabis to a qualifying patient or his or her registered designated caregiver must transmit to the central repository of the Prescription Monitoring Program, in a form and manner specified by the Department of Human Services, the following information:

(1) the qualifying patient's name and registered designated caregiver's name, if applicable;

(2) the qualifying patient's address and registered designated caregiver's address, if applicable;

(3) the date and time the medical cannabis is dispensed;

(4) the amount, type, and strain of medical cannabis dispensed;

(5) the dispensing organization agent's registry identification number;

(6) the dispensing organization's registry identification number; and

(7) the payment type used to purchase the medical cannabis.

(b) The information required to be transmitted under this Section must be transmitted not more than 7 days after the date on which the medical cannabis is dispensed.

(c) The dispensing organization must transmit the information required under this Section by:

(1) an electronic device compatible with the receiving device of the central repository;

(2) a computer diskette; or

(3) a magnetic tape.

Section 99. Effective date. This Act takes effect upon becoming law.