Current through Register Vol. 48, No. 12, March 22, 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.
b) The certifying
health care professional shall not:
1) Except
as provided in subsection (c), 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, except for the limited purpose of performing a
medical cannabis-related research study;
2)
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;
3)
Engage in any activity that is prohibited underSection 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;
4)
Offer a discount or 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;
5)
Conduct a personal, in
person, 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, agency, or employee or a
medical cannabis organization;
6)
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 with a certifying health care professional who recommends medical
cannabis;
7)
Serve
on the board of directors or as an employee of a cultivation center or
dispensing organization;
8)
Refer qualifying patients to a
cultivation center, a dispensing organization, or an individual who
seeks to become a designated caregiver;
9)
Advertise in a cultivation center
or a dispensing organization. (Section 35 of the Act)
c)
The certifying
health care professional may accept payment from a qualifying patient
for the fee associated with the personal physical examination required prior
to issuing the written certification for the qualifying
patient. (Section 35 of the Act)
d) Written Certification
1)
A certifying health care
professional who certifies a debilitating medical condition for a qualifying
patient may notify the Department of Public Health in writing:
A)
if the certifying health care
professional has reason to believe that the registered qualifying patient has
ceased to suffer from a debilitating medical condition;
B)
that the bona-fide health care
professional-patient relationship has terminated; or
C)
that continued use of medical
cannabis would result in contraindication with the patient's other
medication.
2)
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. (Section
35 of the Act)
3) The certifying
health care professional's notification shall be in writing on the physician's
letterhead and shall include the full name, date of birth, and reason for
revoking the written certification.
4) The certifying health care professional
shall notify the registered qualifying patient, in writing or electronic
notification, that the certifying health care professional has revoked the
written certification and the registry identification card has been
revoked.