KRS § 218B.020 — KY Code / Title XVIII / Chapter 218B / Section 218B.020
218B.020 Board of Physicians and Advisors -- Membership -- Duties -- Reporting requirements
Status: in_force

218B.020 Board of Physicians and Advisors -- Membership -- Duties -- Reporting

requirements.

(1) The Cabinet for Health and Family Services is hereby charged with the

implementation, operation, oversight, and regulation of the medicinal cannabis

program established in this chapter.

(2) There is hereby established within the cabinet a Board of Physicians and Advisors

which shall consist of the following members:

(a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure

and confirmed by the Senate in accordance with KRS 11.160. In order to be

eligible to be appointed to the board, a physician shall be authorized, pursuant

to KRS 218B.050, to provide written certifications for the use of medicinal

cannabis and shall be certified by the appropriate board in one (1) of the

following specialties:

1. Addiction medicine;

2. Anesthesiology;

3. Gastroenterology;

4. Infectious disease;

5. Neurology;

6. Obstetrics and gynecology;

7. Oncology;

8. Ophthalmology;

9. Optometry;

10. Pain management;

11. Pain medicine;

12. Pediatrics;

13. Physical medicine and rehabilitation; or

14. Psychiatry;

(b) Two (2) advanced practice registered nurses appointed by the Kentucky Board

of Nursing and confirmed by the Senate in accordance with KRS 11.160. In

order to be eligible to be appointed to the board, an advanced practice

registered nurse shall be authorized, pursuant to KRS 218B.050, to provide

written certifications for the use of medicinal cannabis; and

(c) One (1) pharmacist appointed by the Kentucky Board of Pharmacy and

confirmed by the Senate in accordance with KRS 11.160.

(3) Each member of the Board of Physicians and Advisors shall:

(a) Serve for a term of four (4) years and until his or her successor is appointed

and confirmed by the Senate;

(b) Be eligible for reappointment; and

(c) Serve without compensation, but each member of the board not otherwise

compensated for his or her time or expenses shall be entitled to

reimbursement for his or her actual and necessary expenses in carrying out his

or her duties with reimbursement for expenses being made in accordance with

administrative regulations relating to travel expenses.

(4) The Board of Physicians and Advisors shall not be subject to reorganization under

KRS Chapter 12.

(5) The Board of Physicians and Advisors shall:

(a) Review and recommend to the cabinet protocols for determining:

1. The amount of medicinal cannabis or delta-9 tetrahydrocannabinol that

constitutes a daily supply, an uninterrupted ten (10) day supply, and an

uninterrupted thirty (30) day supply of medicinal cannabis for registered

qualified patients and visiting qualified patients; and

2. The amount of raw plant material that medicinal cannabis products are

considered to be equivalent to;

(b) Review and recommend to the cabinet protocols, evolving continuous quality

improvement metrics, and minimal performance standards for the biennial

accreditation process of licensed cannabis businesses;

(c) Review relevant peer-reviewed, scientific data related to the delta-9

tetrahydrocannabinol content limits established in KRS 218B.095(2)(b) and

make recommendations to the General Assembly regarding revisions to the

limits as the board deems appropriate;

(d) Review relevant peer-reviewed, scientific data related to the various methods

of use and consumption of medicinal cannabis and make recommendations to

the General Assembly to approve or restrict certain methods as the board

deems appropriate;

(e) Review relevant peer-reviewed, scientific data related to the use of medicinal

cannabis for medical, therapeutic, or palliative purposes and make

recommendations to the General Assembly to add or remove conditions from

the list of qualifying medical conditions defined in KRS 218B.010;

(f) Perform other duties related to the use of medicinal cannabis upon request by

the secretary of the cabinet; and

(g) Assist the cabinet in developing the Medicinal Cannabis Advisory Pamphlet

described in KRS 218B.140(2)(b).

(6) No later than December 1 of each year beginning in 2024, the cabinet, in

consultation with the University of Kentucky College of Medicine and the

Kentucky Center for Cannabis, shall submit an annual report to the Legislative

Research Commission. The report submitted by the cabinet shall, at a minimum,

include:

(a) The number of applications and renewals received by the cabinet for registry

identification cards for registered qualified patients, visiting qualified patients,

and designated caregivers, individually and collectively;

(b) The number of applications and renewals for registry identification cards that

were approved and denied by the cabinet;

(c) The number of registry identification cards revoked by the cabinet for

misconduct and the nature of the misconduct;

(d) The number of medicinal cannabis practitioners authorized to provide written

certifications;

(e) The nature of the medical conditions for which medicinal cannabis

practitioners have provided written certifications;

(f) The number of applications and renewals received by the cabinet for cannabis

business licenses, the number of cannabis business licenses issued for each

business type and tier, and the number of cannabis business license

applications and renewals that were denied by the cabinet;

(g) The number of cannabis business agents employed by each type of cannabis

business;

(h) An assessment of:

1. The ability of cardholders in all areas of the state to obtain timely

affordable access to medicinal cannabis;

2. The evolving continuous quality improvement metrics and minimal

performance standards for the biennial accreditation process of licensed

cannabis businesses;

3. The effectiveness of the cultivators, processors, and producers licensed

under this chapter, individually and collectively, in serving the needs of

processors, dispensaries, and cardholders, the reasonableness of their

fees, whether they are generating any complaints or security problems,

and the sufficiency of the number operating to serve processors,

dispensaries, and cardholders in the Commonwealth;

4. The effectiveness of the dispensaries licensed under this chapter,

individually and collectively, in serving the needs of cardholders,

including the provision of educational and support services, the

reasonableness of their fees, whether they are generating any complaints

or security problems, and the sufficiency of the number operating to

serve cardholders in the Commonwealth; and

5. The effectiveness of the licensed safety compliance facilities licensed

under this chapter, individually and collectively, in serving the needs of

other cannabis businesses, including the provision of testing and training

services, the reasonableness of their fees, whether they are generating

any complaints or security problems, and the sufficiency of the number

operating to serve other cannabis businesses and cardholders in the

Commonwealth;

(i) The amount of medicinal cannabis sold per month in the Commonwealth;

(j) The total amount of revenue for each calendar year and aggregated by prior

years generated from any cannabis business licensure and cardholder

application and renewal fees established by the cabinet;

(k) The total cost of enforcement for the medicinal cannabis program at the time

of the report, by city, county, and overall;

(l) The sufficiency of the regulatory and security safeguards contained in this

chapter and adopted by the cabinet through administrative regulations to

ensure that access to and use of medicinal cannabis cultivated and processed

in this state is provided only to cardholders;

(m) Any recommended additions or revisions to this chapter or administrative

regulations promulgated thereunder, including those relating to security, safe

handling, labeling, and nomenclature;

(n) The results of any scientific research studies regarding the health effects of

cannabis; and

(o) Any other data requested by the Legislative Research Commission relating to

the medicinal cannabis program and this chapter.

(7) The cabinet shall provide the University of Kentucky College of Medicine and the

Kentucky Center for Cannabis established in KRS 164.983 with all information

necessary to allow collaboration with the cabinet on the preparation of this report.

The University of Kentucky College of Medicine and the Kentucky Center for

Cannabis may also produce its own report regarding the medicinal cannabis

program established in this chapter which, if produced, shall be submitted to the

Legislative Research Commission upon completion.

(8) The information contained in the report described in subsection (6) of this section

shall be presented in a manner that complies with the federal Health Insurance

Portability and Accountability Act, Pub. L. No. 104-191, and does not disclose any

identifying information about cardholders or licensed cannabis businesses.