Illinois General Assembly - Full Text of SB3099
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Full Text of SB3099  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/2/2024, by Sen. Laura Fine


410 ILCS 130/35

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the physical examination required by the Act may (instead of may not) be performed by remote means, including telemedicine. Effective immediately.

LRB103 36796 CES 66906 b





SB3099LRB103 36796 CES 66906 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 35 as follows:
6    (410 ILCS 130/35)
7    Sec. 35. Certifying health care professional requirements.
8    (a) A certifying health care professional who certifies a
9debilitating medical condition for a qualifying patient shall
10comply with all of the following requirements:
11        (1) The certifying health care professional shall be
12    currently licensed under the Medical Practice Act of 1987
13    to practice medicine in all its branches, the Nurse
14    Practice Act, or the Physician Assistant Practice Act of
15    1987, shall be in good standing, and must hold a
16    controlled substances license under Article III of the
17    Illinois Controlled Substances Act.
18        (2) A certifying health care professional certifying a
19    patient's condition shall comply with generally accepted
20    standards of medical practice, the provisions of the Act
21    under which he or she is licensed, and all applicable
22    rules.
23        (3) The physical examination required by this Act may



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1    not be performed by remote means, including telemedicine.
2        (4) The certifying health care professional shall
3    maintain a record-keeping system for all patients for whom
4    the certifying health care professional has certified the
5    patient's medical condition. These records shall be
6    accessible to and subject to review by the Department of
7    Public Health and the Department of Financial and
8    Professional Regulation upon request.
9    (b) A certifying health care professional may not:
10        (1) accept, solicit, or offer any form of remuneration
11    from or to a qualifying patient, primary caregiver,
12    cultivation center, or dispensing organization, including
13    each principal officer, board member, agent, and employee,
14    to certify a patient, other than accepting payment from a
15    patient for the fee associated with the required
16    examination, except for the limited purpose of performing
17    a medical cannabis-related research study;
18        (1.5) accept, solicit, or offer any form of
19    remuneration from or to a medical cannabis cultivation
20    center or dispensary organization for the purposes of
21    referring a patient to a specific dispensary organization;
22        (1.10) engage in any activity that is prohibited under
23    Section 22.2 of the Medical Practice Act of 1987,
24    regardless of whether the certifying health care
25    professional is a physician, advanced practice registered
26    nurse, or physician assistant;



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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 certifying health care
15    professional who recommends medical cannabis, except for
16    the limited purpose of performing a medical
17    cannabis-related research 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
26cause refer a certifying health care professional, who has



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1certified a debilitating medical condition of a patient, to
2the Illinois Department of Financial and Professional
3Regulation for potential violations of this Section.
4    (d) Any violation of this Section or any other provision
5of this Act or rules adopted under this Act is a violation of
6the certifying health care professional's licensure act.
7    (e) A certifying health care professional who certifies a
8debilitating medical condition for a qualifying patient may
9notify the Department of Public Health in writing: (1) if the
10certifying health care professional has reason to believe
11either that the registered qualifying patient has ceased to
12suffer from a debilitating medical condition; (2) that the
13bona fide health care professional-patient relationship has
14terminated; or (3) that continued use of medical cannabis
15would result in contraindication with the patient's other
16medication. The registered qualifying patient's registry
17identification card shall be revoked by the Department of
18Public Health after receiving the certifying health care
19professional's notification.
20    (f) Nothing in this Act shall preclude a certifying health
21care professional from referring a patient for health
22services, except when the referral is limited to certification
23purposes only, under this Act.
24(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.