reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 935 - MIGRANT LABOR CAMP CODE › Section 935.110 - Exempt Establishments

Current through Register Vol. 48, No. 28, July 12, 2024
Establishments that provide housing for less than 10 migrant
				workers or 4 families containing migrant workers shall meet the requirements of
				this Part but shall not be required to be licensed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 935 - MIGRANT LABOR CAMP CODE › Section 935.120 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall grant a variance to a specific regulation
				when the operator or owner of a migrant labor camp submits a written request
				for such variance to the Department with drawings, specifications, documents,
				data, or calculations showing that the alternative method of construction or
				design proposed will provide equivalent protection to that which would prevail
				under the promulgated regulation. The capability of the proposed deviation to
				ensure protection equivalent to that required by this Part shall be the basis
				for approval or denial of a variance. The Department shall notify the applicant
				in writing of its decision to either grant or deny the variance within 60 days
				of receipt of the request.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 935 - MIGRANT LABOR CAMP CODE › Section 935.130 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reporting. All
			 complaints against migrant labor camps and establishments that provide housing
			 for less than 10 migrant workers or 4 families containing migrant workers shall
			 be reported to the Illinois Department of Public Health. Complaints shall
			 contain facts to facilitate the investigation. Complaints by telephone will be
			 accepted. Complaints will be required in writing if needed to support legal
			 action against the licensee.
1) If the
			 complaint concerns a serious violation of the Act or this part (i.e.
			 contaminated water, sewage system malfunctions, operating with a license,
			 etc.), it will be investigated by the Department within 24 hours of receipt of
			 the complaint.
2) If the complaint
			 concerns less serious violation (i.e. solid waste, insects, etc.), it will be
			 investigated within ten (10) working days of receipt of the
			 complaint.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms have the meaning ascribed to them here
				whenever the term is used in this Part:
Act - the Language Assistance Services Act [210 ILCS 87
				].
Department - the Department of Public Health. (Section 10 of
				the Act)
Health facility - a hospital licensed under the Hospital
				Licensing Act or a long-term care facility licensed under the Nursing Home Care
				Act. (Section 10 of the Act)
Interpreter - a person fluent in English and in the necessary
				language of the patient or resident, who can accurately speak, read, and
				readily interpret the necessary second language, or a person who can accurately
				sign and read sign language. (Section 10 of the Act)
Language or communication barrier - either of the
				following:
With respect to spoken language, barriers that are experienced
				by limited-English-speaking or non-English-speaking individuals who speak the
				same primary language, if those individuals constitute at least 5% of the
				patients or residents served by the health facility annually.
With respect to sign language, barriers that are experienced by
				individuals who are deaf and whose primary language is sign language. (Section
				10 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.110 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following Illinois laws are referenced in this Part:
a) Hospital Licensing Act [210 ILCS 85
			 ]
b) Nursing Home Care Act [210
			 ILCS 45 ]
c) Illinois
			 Administrative Procedure Act [5 ILCS 100 ]
d) Interpreter for the Deaf Licensure Act of
			 2007 [225 ILCS 443 ]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.130 - Qualifications of Interpreters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Interpreters shall have the ability to translate the names of body parts and to
			 describe completely symptoms and injuries in both English and in the necessary
			 second language, or in sign language. (Section 10 of the Act)
b) Interpreters may include members of the
			 medical or professional staff. (Section 10 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.140 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who
			 believes that the Act or this Part may have been violated may submit a
			 complaint to the Department. The complaint may be submitted in writing, by
			 telephone, or in person.
b) A
			 health care facility shall be provided an opportunity to resolve the complaint
			 through an informal resolution process. (Section 16 of the Act)
c) The Department shall determine the
			 validity of complaint by means of a complaint verification process (Section 16
			 of the Act) that includes:
1) Reviewing the
			 allegations of the complaint to determine whether the allegations concern a
			 violation of one or more Sections of the Act;
2) Reviewing the health care facility's
			 policies or procedures to determine whether the policies and procedures are in
			 compliance with the Act;
3)
			 Reviewing statements or written communication from residents or patients,
			 facility staff, or others to determine whether such statements or communication
			 supports that the health care facility is not in compliance with the Act;
			 and
4) Observing actions of the
			 health care facility to determine any noncompliance with the Act.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.150 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 complaint is not resolved informally, then the Department shall serve a notice
			 of violation of the Act upon the health facility. (Section 16 of the
			 Act)
b) The notice of violation
			 shall be in writing and shall:
1) Specify the
			 nature of the violation and the statutory provision alleged to have been
			 violated;
2) Inform the health
			 facility of the action the Department may take under the Act;
3) Inform the health facility of the amount
			 of any financial penalty to be imposed;
4) Inform the health facility of the
			 opportunity for entering into a plan of correction. (Section 16 of the
			 Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.160 - Plan of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Department finds that a health facility is in violation of the Act, the health
			 facility may submit to the Department, for its approval, a plan of correction.
			 (Section 17 of the Act)
b) In
			 determining whether to approve the plan of correction, the Department shall
			 consider the following:
1) Whether the plan
			 of correction ensures access to health care information and services for
			 limited-English-speaking or non-English-speaking residents or patients and deaf
			 residents or patients;
2) Whether
			 the plan of correction addresses the conditions or occurrences that are the
			 basis of the violation;
3) Whether
			 the plan of correction is specific enough to indicate corrective actions the
			 facility will be taking or has already taken to abate, eliminate or correct the
			 violation;
4) Whether the plan of
			 correction provides steps to avoid the violation or to prevent similar
			 violations from recurring, including an evaluation and revision, as necessary,
			 of policies and procedures, and staff training; and
5) Whether the corrective action will be
			 completed in a reasonable time frame, considering the seriousness of the
			 violation, any possible harm to residents or patients, and the extent and
			 complexity of the corrective action.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 940 - LANGUAGE ASSISTANCE SERVICES CODE › Section 940.170 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the first
			 violation of an approved plan of correction, the Department shall impose a
			 penalty of$100. (Section 17 of the Act)
b) For a second or subsequent violation of an
			 approved plan of correction, the Department shall impose a penalty of$250.
			 (Section 17 of the Act)
c) The
			 total fines imposed under the Act and this Part against a health facility in a
			 12 month period shall not exceed $5,000. (Section 17 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.15 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following federal statutes are referenced in this Part:
1) Federal Food, Drug, and Cosmetic Act
				(21
				USC 301 et seq.)
2) Federal Fair Packaging and Labeling Act
				(15 USC
				1451 et seq.)
3) Health Insurance Portability and
				Accountability Act of 1996 (HIPAA) (P.L.
				104-191)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.20 - Debilitating Medical Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
A qualifying patient shall be eligible to apply for a Medical
				  Cannabis Patient Registry Identification Card for the use of medical cannabis
				  for treating or alleviating the symptoms associated with having one or more
				  debilitating medical conditions (see Section
				  946.10
				  ).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.25 - Terminal Illness

Current through Register Vol. 48, No. 28, July 12, 2024
An individual who submits an application
for
				  a registry identification card
as someone who is terminally
				  ill
as defined in Section
				  946.10
shall
				  have all fees waived.
(Section 60(c-10) of the Act)
a) A qualifying patient who has been
				diagnosed with a terminal illness shall register with the Department on forms
				and in a manner prescribed by the Department.
b) To qualify for a registry identification
				card, a qualifying patient with a diagnosis of terminal illness shall:
1) Be a resident of the State of Illinois at
				the time of application and remain a resident during participation in the
				program.
2) Meet the definition of
				terminal illness in Section 946.10.
3) Have a signed, written attestation
				specifying that the qualifying patient has a terminal illness, on a form
				provided by the Department, submitted by a certifying health care professional
				who meets the requirements set forth in the Act, along with an application for
				a registry identification card.
4)
				Complete an application on a form provided by the Department and submit a copy
				of his or her Illinois driver's license, Temporary Visitor's Driver's License
				or state identification card. If the individual does not have an Illinois
				driver's license or state identification card, a color copy of a current
				passport will be accepted.
5)
				Provide a current digital passport-sized photograph meeting the criteria
				specified in Section
				946.200(b)(6).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.50 - Notifications to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				registered qualifying patient, provisional patient and designated caregiver
				shall notify the Department of any changes in application information within 10
				days after the change occurs. After a registry identification card is issued,
				information changes shall be made by notifying the Department. Forms for this
				purpose will also be available on the Department's website at
http://dph.illinois.gov/topics-services/prevention-wellness/medical-cannabis
.
b) Registered qualifying patients and
				provisional patients shall notify the Department:
1) Of changes in the patient's name or
				address;
2) If the registered
				qualifying patient or provisional patient ceases to have the debilitating
				medical condition;
3) Of a change
				in the designated caregiver; and
4)
				Of a change in the selected dispensary organization; and
5) If the registry identification card is
				lost or stolen.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.60 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				information received and records kept by the Department for purposes of
				administering this Part are subject to all applicable federal privacy laws, are
				confidential, are exempt from the Illinois Freedom of Information Act, and are
				not subject to disclosure to any individual or public or private entity, except
				as necessary for authorized employees of the Department to perform official
				duties of the Department pursuant to this Part:
1) Applications or renewals, their contents
				and supporting information submitted by qualifying patients and designated
				caregivers, including information regarding designated caregivers and
				certifying health care professionals;
2) The individual names and other information
				identifying persons to whom the Department has issued registry identification
				cards; and
3) All medical records
				provided to the Department in connection with an application for a registry
				identification card.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.70 - Applicability to the Smoke Free Illinois Act

Current through Register Vol. 48, No. 28, July 12, 2024
The Act does not permit any person to engage in, and does not
				  prevent the imposition of any civil, criminal or other penalties for engaging
				  in, smoking medical cannabis in any public place where an individual could
				  reasonably be expected to be observed by others, in a health care facility, or
				  any other place where smoking is prohibited under the Smoke Free Illinois Act.
				  (Section 30(a)(4) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.200 - Application for Registry Identification Card for Qualifying Patients and Designated Caregivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				qualifying patient who has been issued a written certification who seeks to use
				medical cannabis for palliative or therapeutic benefit to treat or alleviate
				the symptoms associated with the patient's debilitating medical condition, and
				the qualifying patient's designated caregiver, when applicable, shall register
				with the Department on forms and in a manner prescribed by the
				Department.
b) To qualify for a
				registry identification card, a qualifying patient shall:
1) Be a resident of the State of Illinois, as
				defined in subsection (c), at the time of application and remain a resident
				during participation in the program;
2) Have a qualifying medical condition for
				which the use of medical cannabis will provide help with treating or
				alleviating the pain, nausea and other symptoms associated with the condition
				or be diagnosed with a terminal illness;
3) Have a signed, written certification
				meeting the requirements of this Part.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.201 - Application for Registry Identification Card for Qualifying Patients under 18 Years of Age

Current through Register Vol. 48, No. 28, July 12, 2024
a) A qualifying
				patient under 18 years of age shall register with the Department on forms and
				in a manner prescribed by the Department. The designated caregiver shall
				complete the application for registry identification card for a qualifying
				patient under 18 years of age. Once the qualifying patient becomes 18 years of
				age, the patient must submit a full application for a registry identification
				card as specified in Section
				946.200.
				Qualifying patients who become 18 years of age during the time period in which
				their registry identification card is valid may apply for a registry
				identification card either immediately or during the normal renewal period.
				Until that time, the registry identification card shall be subject to the
				conditions applicable to the registered qualifying patient under age
				18.
b) To qualify for a registry
				identification card, a qualifying patient under 18 years of age shall:
1) Be a resident of the State of Illinois, as
				defined in subsection (d), at the time of application and remain a resident
				during participation in the program;
2) Be diagnosed with any debilitating medical
				condition listed in Section
				946.310
				for which medical cannabis may be used to treat or alleviate the pain, nausea
				or other symptoms associated with the condition or have a diagnosis of terminal
				illness.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.205 - Deadlines for Submission of Application for Registry Identification Card

Current through Register Vol. 48, No. 28, July 12, 2024
A qualifying patient who seeks to use medical cannabis for
				  palliative or therapeutic benefit for the patient's debilitating medical
				  condition, and the qualifying patient's designated caregiver when applicable,
				  shall register with the Department on forms and in a manner prescribed in this
				  Part.
a) Applications for registry
				identification cards will be accepted year round.
b) Application Submission
1) Applications for registry identification
				cards shall be submitted electronically through the Department's website
				(
http://dph.illinois.gov
) or shall
				be sent via U.S. mail to the following address:
Division of Medical Cannabis
Illinois Department of Public Health
535 West Jefferson Street
Springfield, IL 62761-0001
2) Applications for registry identification
				cards not submitted electronically or to the above address shall be considered
				deficient.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.210 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as set
				forth in subsection (b), the registration, renewal and replacement card fees
				are as specified in this subsection (a). All fees submitted to the Department
				shall be non-refundable. Annually, the Department may revise these fees:
1)
Qualifying patient application fee for:
A) One year
$50
B) Two years
$100
C) Three years
$125
2)
Qualifying patient under 18 years of age application
							 fee (includes one caregiver at no additional charge) valid for:
A) One year
$50
B) Two years
$100
C) Three years
$125
3)
Caregiver for a qualifying patient or second
							 caregiver for a patient under 18 years of age application fee for:
A) One year
$25
B) Two years
$50
C) Three years
$75
4)
Replacement card fee
$25
5)
Returned check fee
$35
b)
				The Department may reduce registration and renewal card fees for a qualifying
				patient:
1) enrolled in the federal Social
				Security Disability Income (SSDI) or the Supplemental Security Income (SSI)
				disability program, with submission of proof as described in subsection
				(e)(1);
2) who is a veteran with
				proof of service as described in subsection (e)(4);
3) receiving U.S. Railroad Retirement Board
				Disability benefits;
4) receiving
				Teacher's Retirement System disability benefits;
5) receiving Illinois State Universities
				Retirement System disability benefits; or
6) age 65 years or older at the time of
				application as indicated by identifying documents required by this
				Section.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.230 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				registry identification card shall not be transferable.
b) A registry identification card issued
				under this Section is the property of the State of Illinois and shall be
				surrendered upon demand of the Director or the Director's designee.
c) The qualifying patient and the designated
				caregiver, if applicable, shall sign and date the application for a registry
				identification card. If the qualifying patient is under 16 years of age at the
				time of application, only the designated caregiver shall be required to sign
				and date the application for a registry identification card.
d) The Department will require each applicant
				for a registry identification card to include a signed statement that specifies
				that the applicant attests that all information submitted as part of the
				application is true and accurate to the best of the applicant's knowledge and,
				at minimum, certifies that the applicant has actual notice that,
				notwithstanding any State law:
1) Cannabis is
				a prohibited Schedule I controlled substance under federal law;
2) Participation in the program is permitted
				only to the extent provided by the strict requirements of the Act and this
				Part;
3) Any activity not
				sanctioned by the Act or this Part may be in violation of State law;
4) Growing, distributing or possessing
				cannabis in any capacity, except through a federally approved research program,
				is a violation of federal law;
5)
				Use of medical cannabis may affect an individual's ability to receive federal
				or state licensure in other areas;
6) Use of medical cannabis, in tandem with
				other conduct, may be in violation of State or federal law;
7) Participation in the program does not
				authorize any person to violate federal or State law and, other than as
				specified in Section 25 of the Act, does not provide any immunity from or
				affirmative defense to arrest or prosecution under federal or State
				law;
8) Applicants shall indemnify,
				hold harmless, and defend the State of Illinois for any and all civil or
				criminal penalties resulting from participation in the program; and
9)
Registered qualifying patients
				under 18 years of age shall be prohibited from consuming forms of cannabis,
				other than medical cannabis infused products, and from purchasing any usable
				cannabis.
(Section 60(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.235 - Provisional Access to Licensed Dispensing Organizations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A person provided a written
				certification for a debilitating medical condition who has submitted a
valid
completed online application to the Department
and his
				or her designated caregiver
shall receive a provisional registration
				and shall be entitled to purchase medical cannabis from a specified licensed
				dispensing organization for a period of 90 days or until his or her application
				has been denied orthe patient
or the patient's designated caregiver
receives a registry identification card, whichever is earlier.
(Section 55(b) of the Act)
b)
A person
and his or her designated caregiver
may
				obtain an additional provisional registration after the expiration of 90 days
				if the Department does not provide the individual with a registry
				identification card or deny the individual's application within those 90 days.
				The provisional registration may not be extended if the individual does not
				respond to the Department's request for additional information or corrections
				to required application documents.
(Section 55(b) of the
				Act)
c)
In order for a
				person
or his or her designated caregiver
to receive medical
				cannabis
under the provisional registration
, a qualifying
				patient must present his or her provisional registration along with a
				valid
Illinois
driver's license or State identification
				card
issued by the Illinois Secretary of State
to the licensed
				dispensing organization specified in his or her application.
(Section
				55(b) of the Act)
d) After
				verifying the patient's or his or her designated caregiver's provisional
				registration, the licensed dispensing organization shall dispense no more than
				2.5 ounces of medical cannabis during a 14-day period for a period of 90 days,
				until the patient's application has been denied, or the patient receives a
				registry identification card from the Department, whichever comes
				first.
e) A patient with a
				provisional registration must keep his or her provisional registration in his
				or her possession at all times when transporting or engaging in the use of
				medical cannabis. A designated caregiver must keep his or her provisional
				registration in his or her possession at all times when transporting medical
				cannabis on behalf of the registered qualifying patient.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.240 - Persons Receiving Medical Care at U.S. Department of Veterans Affairs Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				qualifying patient who is
a veteran
or spouse of a veteran
who has received treatment at aVAhospital is deemed to have a bona-fide
				health care professional-patient relationship with a VA certifying health care
				professional if the patient has been seen for
their
debilitating condition at the
VA health care facility or
VA hospital in accordance with VA hospital protocols
. (Section
				60 of the Act)
b) A veteran or
				spouse of a veteran receiving care for a debilitating condition at a VA health
				care facility shall not be required to submit a written certification from a
				certifying health care professional.
c) A veteran or spouse of a veteran receiving
				care for a debilitating condition at a VA health care facility shall register
				with the Department on the Registry Identification Card application (see
				Section
				946.200)
				and shall comply with all other requirements specified in this Part.
d) To qualify for a patient registry
				identification card, a qualifying patient who is a veteran or spouse of a
				veteran and receiving medical care and treatment at a VA health care facility
				shall:
1) Be a resident of the State of
				Illinois, as defined in Section
				946.200(c),
				at the time of application and remain a resident during participation in the
				program;
2) Have a qualifying
				medical condition or be diagnosed with a terminal illness;
3) Provide a copy of one year of their
				official medical records requested from the VA. The official hospital medical
				records shall indicate the diagnosis of a qualifying medical condition by a
				licensed health care professional. Records shall include, but not be limited
				to, information from the patient's VA health record found at
www.myhealth.va.gov
;
4) Provide a copy of his or her DD214 or
				equivalent certified document indicating character and dates of service, or if
				the spouse of a veteran, a copy of the veteran's documents as described;
				and
5) Be at least 18 years of
				age.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.260 - Responsibilities of Designated Caregivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) A designated caregiver shall not receive
				payment or other compensation for services provided as a designated caregiver
				other than reimbursement for reasonable expenses incurred in the provision of
				services as a designated caregiver. In the case of an employee of a hospice
				provider, nursing facility or medical facility, or a visiting nurse, personal
				care attendant, or home health aide serving as a designated caregiver, the
				individual shall not receive payment or compensation above or beyond regular
				wages.
b) A designated caregiver is
				responsible for notifying the Department within 10 business days after any
				change to the information that his or her registered qualifying patient was
				previously required to submit to the Department, or after the designated
				caregiver discovers that his or her registry identification card has been lost
				or stolen.
c) A designated
				caregiver shall carry his or her registry identification card at all times
				while in possession of medical cannabis.
d) A designated caregiver may:
1) Transport a registered qualifying patient
				to and from a licensed medical cannabis dispensary;
2) Obtain and transport an adequate supply of
				medical cannabis from a licensed medical cannabis dispensary on behalf of a
				registered qualifying patient;
3)
				Prepare medical cannabis for consumption by a registered qualifying
				patient;
4) Administer medical
				cannabis to a registered qualifying patient; and
5)
Registered qualifying patients
				under 18 years of age shall be prohibited from consuming forms of cannabis
				other than medical cannabis infused products
and are prohibited from
				purchasing any usable cannabis or
paraphernalia used for smoking or
				vaping medical cannabis.
(Section 60(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.270 - Revocation of a Registry Identification Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will revoke a registry
				identification card for any of the following reasons:
1) Submission of misleading, incorrect, false
				or fraudulent information in the application or renewal application;
2) Fraudulent use of the registry
				identification card;
3) Selling,
				distributing, transferring in any manner, or giving medical cannabis to any
				unauthorized person;
4) Tampering
				with, falsifying, altering, modifying or duplicating a registry identification
				card for use by someone else;
5)
				Non-payment of fees specified in Section
				946.210
				or non-response to the Department's request for information required for
				application of Qualifying Patients or Designated Caregivers;
6) The registered qualified patient is
				deceased; or
7)
A violation
				of any requirement of the Act.
(Section 65(c)(6) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.275 - Suspension of a Registry Identification Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will, based on the totality
				of the circumstances, suspend a registered qualifying patient's registry
				identification card for:
1) Failing to inform
				the Department of a change of address within 10 days after the change of
				address occurred;
2) Having a
				medical cannabis registration disciplined by another U.S.
				jurisdiction;
3) Failing to pay a
				fee or fine associated with the registry identification card, including, but
				not limited to, an application or renewal fee;
4) Failing, within 30 days, to provide
				information in response to a written request made by the Department;
5) Committing unethical or dishonorable
				conduct, including, but not limited to, engaging in conduct likely to deceive,
				defraud or harm the public;
6)
				Being convicted by plea of guilty or nolo contedere, finding of guilt, jury
				verdict, or entry of judgment or by sentencing of any crime, including, but not
				limited to, convictions, preceding sentences of supervision, conditional
				discharge, or first offender probation, under the laws of any jurisdiction of
				the United States of either a felony or a misdemeanor or a crime of moral
				turpitude;
7) Failing to submit to
				a field sobriety test as required by Section 11-501.1 of the Illinois Vehicle
				Code, or any discipline on a registered qualifying patient's driver's license
				as a failure to submit to a field sobriety test as required by the Illinois
				Vehicle Code.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.280 - Medical Cannabis Obtained from a Medical Cannabis Dispensing Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				registered qualifying patient or designated caregiver shall obtain medical
				cannabis only from the medical cannabis dispensing organization designated on
				his or her registry identification application and shall not:
1) Grow or cultivate medical cannabis, except
				as specified by Section 10-5(a-1) of the Cannabis Regulation and Tax
				Act;
2) Purchase medical cannabis
				from non-authorized sources; or
3)
				Obtain medical cannabis from other registered qualifying patients or designated
				caregivers.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS › Section 946.290 - Extension or Renewal of Registry Identification Cards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Medical cannabis registry identification
				cards may be valid for up to three years.
b) Extension. If the qualifying patient or
				designated caregiver who applied for and received a registry identification
				card approved for less than three years seeks to extend the registry
				identification card, the patient or caregiver shall complete online an
				extension form no more than 45 days prior to the expiration date of the card.
				For the purpose of extending the registry identification card, it is not
				necessary to provide proof of Illinois residency or obtain a written
				certification. A fee is required in accordance with Section
				946.210. The qualifying
				patient or designated caregiver may seek extension of the registry
				identification card for a period of one year or two years by paying the fee
				required by Section 946.210.
c)
				Renewal. At the end of every three-year period, no less than 45 days prior to
				the expiration of a registry identification card, the qualifying patient and
				designated caregiver, if one is indicated, may apply for a new registry
				identification card as follows:
1) Renew the
				registration identification card online or submit by completing the renewal
				application for the qualifying patient and designated caregiver, if one is
				indicated. The application includes:
A) One
				clear photocopy of a U.S. or State government-issued photo ID, such as a
				driver's license, as proof of identity;
B) Proof of Illinois residency by meeting the
				requirements specified in Section
				946.200(c).
				If the address on the Illinois driver's license matches the patient's and
				caregiver's address, no additional documentation is needed for proof of
				residency;
C) A signed and dated
				written certifying health care professional's certification meeting the
				requirements of this Part and dated not more than six months prior to the
				application renewal date. A qualifying patient who is a veteran or spouse of a
				veteran and receiving medical care for a qualifying medical condition at a VA
				hospital shall submit his or her official VA medical record, as required by
				Section
				946.240,
				instead of a written certification;
D) At the end of every three-year period, a
				renewal application may be submitted for a one-, two-, or three-year period
				from the expiration date of the registry identification card;
E) If the registered qualifying patient does
				not have a caregiver, but would like to designate one, a caregiver application
				may be submitted at this time in accordance with the requirements of Section
				946.200. The registered qualifying patient may designate up to three
				caregivers;
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart C - PHYSICIAN REQUIREMENTS › Section 946.300 - Qualifications of the Certifying Health Care Professional

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certifying health care professional who
				is currently licensed and in good standing in the State of Illinois and has a
				current valid controlled substances license under Article III of the Illinois
				Controlled Substances Act may issue a written certification for a qualifying
				patient if the health care professional:
1)
				Has a bona-fide health care professional-patient relationship with the
				qualifying patient. The bona-fide health care professional-patient relationship
				may not be limited to issuing a written certification for the patient or a
				consultation simply for that purpose.
2) Complies with generally accepted standards
				of health care practice and applicable State and federal rules specific to
				health care practice (e.g., HIPAA rules).
3) Has responsibility for the ongoing care
				and treatment of the qualifying patient's debilitating condition, provided that
				the ongoing treatment and care shall not be limited to or for the primary
				purpose of certifying a debilitating medical condition or providing a
				consultation solely for that purpose.
4) Has completed an in-person full assessment
				of the patient's medical history and current medical condition, including a
				personal physical examination, not more than 90 days prior to making the
				certification for medical cannabis. The assessment of the qualifying patient's
				current medical condition shall include, but not be limited to, symptoms, signs
				and diagnostic testing related to the debilitating medical condition.
5) Certifies that the qualifying patient is
				under the certifying health care professional's care, either for the qualifying
				patient's primary care or for a debilitating medical condition or symptoms of a
				debilitating medical condition.
6)
				Confirms that the certifying health care professional completed an assessment
				for the qualifying patient's medical history, including reviewing medical
				records from other treating health care professionals from the previous 12
				months.
7) A reviewing health care
				professional certification is required for qualifying patients under age
				18.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart C - PHYSICIAN REQUIREMENTS › Section 946.310 - Health Care Professional Written Certification for the Medical Cannabis Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				certification confirming the patient's debilitating medical condition shall be
				written on a form provided by the Department or shall be submitted in
				electronic format and shall include, at minimum, the following:
1) The qualifying patient's name, date of
				birth, home address and primary telephone number;
2) The certifying health care professional's
				name, address, telephone number, e-mail address, medical license number,
				indication of specialty or primary area of clinical practice, if any, and
				active controlled substances license under the Illinois Controlled Substances
				Act;
3) The length of time the
				qualifying patient has been under the care of the certifying health care
				professional;
4) The qualifying
				patient's debilitating medical condition;
5) A statement that the certifying health
				care professional has confirmed a diagnosis of a debilitating medical
				condition; is treating or managing treatment of the patient's debilitating
				condition; has a bona-fide health care professional-patient relationship; has
				conducted an in-person physical examination has conducted a review of the
				patient's medical history, including reviewing medical records from other
				treating health care professionals, if any, from the previous 12
				months;
6) The certifying health
				care professional's signature and date of certification; and
7)
A statement that a participant in
				possession of a written certification indicating a debilitating medical
				condition shall not be considered an unlawful user or addicted to narcotics
				solely as a result of his or her pending application to or participation in the
				Compassionate Use of Medical Cannabis Program.
(Section 36 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart C - PHYSICIAN REQUIREMENTS › Section 946.315 - Waiver for Increasing the Adequate Supply of Medical Cannabis

Current through Register Vol. 48, No. 28, July 12, 2024
A
patient may apply for a waiver when a
certifying
health care professional provides a substantial medical
				  basis in a signed, written statement asserting that, based on the patient's
				  medical history, in the certifying
health care professional's
professional judgment, 2.5 ounces is an insufficient adequate supply
				  for a 14-day period to properly alleviate the patient's debilitating medical
				  condition or symptoms associated with the debilitating medical
				  condition
. (Section 10(a)(2) of the Act)
a) The waiver recommendation shall be on a
				form provided by the Department. The waiver recommendation shall be completed
				by the certifying health care professional who issued the written certification
				for the registered qualifying patient. If the waiver recommendation is not
				completed by the certifying health care professional who issued the original
				written certification for the registered qualifying patient, the new certifying
				health care professional must complete a written certification that includes an
				in-person office visit not more than 90 days prior to the date of the waiver
				recommendation.
b) The waiver shall
				describe, in the certifying health care professional's professional opinion,
				why 2.5 ounces is an insufficient adequate supply for a 14-day
				period.
c) The waiver shall
				describe how the qualifying patient will benefit from an increased
				supply.
d) The waiver shall include
				a statement by the certifying health care professional indicating the amount of
				medical cannabis that would be a sufficient supply for the qualifying patient's
				debilitating medical condition.
e)
				If the Department approves the waiver, the amount of medical cannabis
				recommended by the certifying health care professional shall be noted on the
				registry identification card.
f) A
				qualifying patient who is a veteran receiving medical care at a VA health care
				facility may establish a bona-fide relationship with a non-VA health care
				professional for the purpose of seeking a waiver to increase the adequate
				supply of medical cannabis for a 14-day period. The certifying health care
				professional shall complete a written certification, including an in-person
				office visit within 90 days prior to the date of the waiver submission. Both
				the written certification and the waiver submission shall be submitted to the
				Department, along with the required fee.
g) The waiver recommendation does not
				constitute a prescription for medical cannabis.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart C - PHYSICIAN REQUIREMENTS › Section 946.320 - Records Maintained by the Health Care Professional and Department

Current through Register Vol. 48, No. 28, July 12, 2024
A health care professional certifying the use of medical
				  cannabis by a qualifying patient shall establish a medical record for the
				  qualifying patient with regard to the patient's medical condition and continued
				  treatment for the condition or conditions under the health care professional's
				  care.
The certifying health care professional shall maintain a
				  record-keeping system for all patients for whom the certifying health care
				  professional has recommended the use of medical cannabis. These records shall
				  be accessible to and subject to review by the Departments of Public Health and
				  Financial and Professional Regulation upon request.
(Section 35 of the
				  Act) These records do not need to be maintained separately from the established
				  records the certifying health care professional maintains on the patient during
				  the course of the ongoing bona-fide health care professional-patient
				  relationship.
a) In addition to
				records required to be maintained pursuant to the applicable federal and State
				statutes and all applicable rules, the records shall accurately reflect the
				evaluation and treatment of the qualifying patient, and shall include the
				following as applicable:
1) The patient's name
				and the date or dates of visits and treatment;
2) The patient's medical history and updated
				health history;
3) Documented
				results of a full assessment of the patient's medical history, including review
				of medical records from other treating health care professionals from the
				previous 12 months;
4) A
				description of the patient's current medical condition;
5) Documented results of the certifying
				health care professional's physical examination of the patient;
6) A treatment plan;
7) General consent for treatment;
8) Diagnosis and treatment
				rendered;
9) A list of the drugs
				prescribed, administered and dispensed, and the quantity of the
				drugs;
10) Radiographs and
				diagnostic tests;
11) Patient
				financial and billing records;
12)
				The name of the certifying health care professional and any assistive personnel
				providing services; and
13)
				Laboratory results.