Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1290 - RULES FOR ADMINISTRATION OF THE COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM › Subpart H - DISCIPLINE › Section 1290.510 - Grounds for Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Division, after notice to the applicant or registrant, may refuse to issue or
				renew, place on probation, temporarily suspend, suspend, or revoke a dispensing
				organization registration or agent identification card in any case in which the
				Division finds any of the following:
1)
				Material misstatement in furnishing information to the Division;
2) Violations of the Act or this
				Part;
3) Obtaining an authorization
				or registration by fraud or misrepresentation;
4) A pattern of conduct that demonstrates
				incompetence or unfitness to work in or operate a dispensary;
5) Aiding or assisting another person in
				violating any provision of the Act or this Part;
6) Failing to respond to a written request
				for information by the Division within 30 days;
7) Engaging in unprofessional, dishonorable
				or unethical conduct of a character likely to deceive, defraud or harm the
				public;
8) Discipline by another
				U.S. jurisdiction or foreign nation;
9) A finding by the Division that the
				registrant, after having his or her registration placed on suspended or
				probationary status, has violated the terms of the suspension or
				probation;
10) Conviction, entry of
				a plea of guilty, nolo contendere or the equivalent in a state or federal court
				of an excluded offense, a felony, or of two or more misdemeanors involving
				moral turpitude during the previous five years as shown by a certified copy of
				a court record;
11) Excessive use
				or addiction to alcohol, narcotics, stimulants or any other chemical agent or
				drug;
12) A finding by the Division
				of a discrepancy in a Division audit of medical cannabis;
13) A finding by the Division of a
				substantial discrepancy in a Division audit of capital or funds;
14) A finding by the Division of acceptance
				of medical cannabis from a source other than a cultivation center registered by
				DOA;
15) An inability to operate
				using reasonable judgment, skill or safety due to physical or mental illness or
				other impairment or disability, including without limitation, deterioration
				through the aging process or loss of motor skills or mental
				incompetence;
16) Failing to report
				to the Division within the timeframes established, or if not identified, 14
				days, of any adverse final action taken against the dispensing organization or
				an agent by a licensing jurisdiction in any state or any territory of the
				United States or any foreign jurisdiction, any governmental agency, any law
				enforcement agency or any court defined in this Section;
17) Failing to comply with a subpoena issued
				by the Division;
18) Failure to
				promptly inform the Division of any change of address;
19) Disclosing customer names, personal
				information or protected health information in violation of any State or
				federal law;
20) Operating a
				dispensary before obtaining a registration from the Division;
21) Dispensing cannabis to any person other
				than a qualifying patient, provisional patient, designated caregiver, or OAPP
				participant with a valid registry identification card, provisional
				registration, or confirmation in the Illinois Cannabis Tracking
				System;
22) A principal officer or
				agent-in-charge failing to report to the Division when he or she knows or
				should have known that an agent was using medical cannabis when the agent does
				not have a qualifying patient registry identification card, or provisional
				registration, or is not an OAPP participant;
23) Dispensing cannabis when prohibited by
				the Act or this Part;
24) Any fact
				or condition which, if it had existed at the time of the original application
				for the registration, would have warranted the denial of the
				registration;
25) Permitting a
				person without a valid agent identification card to be employed by the
				dispensing organization;
26)
				Failure to assign an agent-in-charge as required by this Part;
27) Personnel insufficient in number or
				unqualified in training or experience to properly operate the dispensary
				business;
28) Any pattern of
				activity that causes a harmful impact on the community;
29) Failing to prevent diversion, theft or
				loss of medical cannabis; or
30)
				For any unethical, dishonorable or unprofessional conduct.