Bill Text: IL SB3099 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-12 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB3099 Detail]

Download: Illinois-2023-SB3099-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3099 Introduced 2/2/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
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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
Program Act is amended by changing Section 35 as follows:
(410 ILCS 130/35)
Sec. 35. Certifying health care professional requirements.
(a) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient shall
comply with all of the following requirements:
(1) The certifying health care professional shall be
currently licensed under the Medical Practice Act of 1987
to practice medicine in all its branches, the Nurse
Practice Act, or the Physician Assistant Practice Act of
1987, shall be in good standing, and must hold a
controlled substances license under Article III of the
Illinois Controlled Substances Act.
(2) A certifying health care professional certifying a
patient's condition shall comply with generally accepted
standards of medical practice, the provisions of the Act
under which he or she is licensed, and all applicable
rules.
(3) The physical examination required by this Act may

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not be performed by remote means, including telemedicine.
(4) The certifying health care professional shall
maintain a record-keeping system for all patients for whom
the certifying health care professional has certified the
patient's medical condition. 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 certifying health care professional 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
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, except for the limited purpose of performing
a medical cannabis-related research study;
(1.5) accept, solicit, or offer any form of
remuneration from or to a medical cannabis cultivation
center or dispensary organization for the purposes of
referring a patient to a specific dispensary organization;
(1.10) engage in any activity that is prohibited under
Section 22.2 of the Medical Practice Act of 1987,
regardless of whether the certifying health care
professional is a physician, advanced practice registered
nurse, or physician assistant;

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(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 certifying health care
professional 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
(7) advertise in a cultivation center or a dispensing
organization.
(c) The Department of Public Health may with reasonable
cause refer a certifying health care professional, who has

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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 certifying health care professional's licensure act.
(e) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient may
notify the Department of Public Health in writing: (1) if the
certifying health care professional has reason to believe
either that the registered qualifying patient has ceased to
suffer from a debilitating medical condition; (2) that the
bona fide health care professional-patient relationship has
terminated; or (3) that continued use of medical cannabis
would result in contraindication with the patient's other
medication. The registered qualifying patient's registry
identification card shall be revoked by the Department of
Public Health after receiving the certifying health care
professional's notification.
(f) Nothing in this Act shall preclude a certifying health
care professional from referring a patient for health
services, except when the referral is limited to certification
purposes only, under this Act.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)