(410 ILCS 130/165)
(Section scheduled to be repealed on January 1, 2018)
Sec. 165. Administrative rulemaking.
(a) Not later than 120 days after the effective date of this Act, the Department of Public Health, Department of Agriculture, and the Department of Financial and Professional Regulation shall develop rules in accordance to their responsibilities under this Act and file those rules with the Joint Committee on Administrative Rules.
(b) The Department of Public Health rules shall address, but not be limited to, the following:
(1) fees for applications for registration as a
qualified patient or caregiver;
(2) establishing the form and content of registration
and renewal applications submitted under this Act, including a standard form for written certifications;
(3) governing the manner in which it shall consider
applications for and renewals of registry identification cards;
(4) the manufacture of medical cannabis-infused
products;
(5) fees for the application and renewal of registry
identification cards. Fee revenue may be offset or supplemented by private donations;
(6) any other matters as are necessary for the fair,
impartial, stringent, and comprehensive administration of this Act; and
(7) reasonable rules concerning the medical use of
cannabis at a nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, or adult day health care facility.
(c) The Department of Agriculture rules shall address, but not be limited to the following related to registered cultivation centers, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered cultivation centers:
(1) oversight requirements for registered cultivation
centers;
(2) recordkeeping requirements for registered
cultivation centers;
(3) security requirements for registered cultivation
centers, which shall include that each registered cultivation center location must be protected by a fully operational security alarm system;
(4) rules and standards for what constitutes an
enclosed, locked facility under this Act;
(5) procedures for suspending or revoking the
registration certificates or registry identification cards of registered cultivation centers and their agents that commit violations of the provisions of this Act or the rules adopted under this Section;
(6) rules concerning the intrastate transportation of
medical cannabis from a cultivation center to a dispensing organization;
(7) standards concerning the testing, quality, and
cultivation of medical cannabis;
(8) any other matters as are necessary for the fair,
impartial, stringent, and comprehensive administration of this Act;
(9) application and renewal fees for cultivation
center agents; and
(10) application, renewal, and registration fees for
cultivation centers.
(d) The Department of Financial and Professional Regulation rules shall address, but not be limited to the following matters related to registered dispensing organizations, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered dispensing organizations or compromising the confidentiality of cardholders:
(1) application and renewal and registration fees for
dispensing organizations and dispensing organizations agents;
(2) medical cannabis dispensing agent-in-charge
oversight requirements for dispensing organizations;
(3) recordkeeping requirements for dispensing
organizations;
(4) security requirements for medical cannabis
dispensing organizations, which shall include that each registered dispensing organization location must be protected by a fully operational security alarm system;
(5) procedures for suspending or revoking the
registrations of dispensing organizations and dispensing organization agents that commit violations of the provisions of this Act or the rules adopted under this Act;
(6) application and renewal fees for dispensing
organizations; and
(7) application and renewal fees for dispensing
organization agents.
(e) The Department of Public Health may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income. The Department of Public health may accept donations from private sources to reduce application and renewal fees, and registry identification card fees shall include an additional fee set by rule which shall be used to develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.
(f) During the rule-making process, each Department shall make a good faith effort to consult with stakeholders identified in the rule-making analysis as being impacted by the rules, including patients or a representative of an organization advocating on behalf of patients.
(g) The Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
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Last modified: February 18, 2015