KRS § 218B.065 — KY Code / Title XVIII / Chapter 218B / Section 218B.065
218B.065 Cabinet action required on application -- Registration for patients under age eighteen -- Application denial -- Administrative hearings
Status: in_force

218B.065 Cabinet action required on application -- Registration for patients under

age eighteen -- Application denial -- Administrative hearings.

(1) Except as provided in subsections (2) to (5) of this section, the cabinet shall:

(a) Acknowledge receipt of an application within fifteen (15) days of receipt, and

approve or deny an application or renewal within thirty (30) days of receiving

a completed application or renewal application; and

(b) Issue registry identification cards to a qualified patient and any individual

designated by the qualified patient as a designated caregiver or a visiting

qualified patient within five (5) days of approving the application or renewal.

An individual designated as a caregiver shall be issued a designated caregiver

registry identification card for each registered qualified patient to whom he or

she is connected through the cabinet's registration process.

(2) The cabinet shall not issue a registry identification card to a qualified patient who is

younger than eighteen (18) years of age unless:

(a) The custodial parent or legal guardian with responsibility for health care

decisions for the qualified patient consents in writing to:

1. Allow the qualified patient's use of medicinal cannabis;

2. Serve as the qualified patient's designated caregiver; and

3. Control the acquisition of the medicinal cannabis, the dosage, and the

frequency of the use by the qualified patient; and

(b) The designated caregiver application for the custodial parent or legal guardian

with responsibility for health care decisions for the qualified patient is

approved.

(3) The cabinet may deny an application or renewal for a qualified patient's or visiting

qualified patient's registry identification card for any reason that the cabinet, in the

exercise of sound discretion, deems sufficient, including but not limited to if the

applicant:

(a) Did not provide the information or materials required by KRS 218B.055;

(b) Previously had a registry identification card revoked;

(c) Provided false or falsified information; or

(d) Does not meet the eligibility requirements established in KRS 218B.055.

(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may deny

an application or renewal for a designated caregiver's registration card for any

reason that the cabinet, in the exercise of sound discretion, deems sufficient,

including but not limited to if the applicant:

1. Is already registered as a designated caregiver for three (3) registered

qualified patients;

2. Does not meet the eligibility requirements established in KRS

218B.055;

3. Did not provide the information or materials required by KRS

218B.055;

4. Previously had a registry identification card revoked;

5. Provided false or falsified information;

6. Was previously convicted of a disqualifying felony offense; or

7. Has applied as a designated caregiver for a qualified patient whose

application or renewal for a registry identification card was denied.

(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an

application or renewal for a designated caregiver's registration card if the

applicant has applied as a designated caregiver for a qualified patient for who

the applicant has been appointed under KRS Chapter 387 as a guardian,

limited guardian, conservator, or limited conservator.

(5) The cabinet may deny an application or renewal for a visiting qualified patient's

registration card for any reason that the cabinet, in the exercise of sound discretion,

deems sufficient, including but not limited to if the applicant:

(a) Did not provide the information or materials required by KRS 218B.055;

(b) Previously had a registry identification card revoked;

(c) Provided false or falsified information; or

(d) Does not meet the eligibility requirements established in KRS 218B.055.

(6) The cabinet may conduct a criminal background check for each applicant solely to

determine whether the applicant was previously convicted of a disqualifying felony

offense.

(7) The cabinet shall notify the registered qualified patient who has designated

someone to serve as his or her designated caregiver if the individual designated as a

caregiver is denied a registry identification card.

(8) The cabinet shall notify the applicant in writing of the denial and reasons by

registered or certified mail at the address given in the application or supplement.

The applicant may, within thirty (30) days after the date of the mailing of the

cabinet's notice, file a written request for an administrative hearing on the

application. The hearing shall be conducted on the application in compliance with

the requirements of KRS Chapter 13B.

(9) Final orders of the cabinet after administrative hearings shall be subject to judicial

review. Jurisdiction and venue for judicial review are vested in the Circuit Court of

the county in which the appealing party resides.