KRS § 218B.050 — KY Code / Title XVIII / Chapter 218B / Section 218B.050
218B.050 Written certification form -- Application process -- Renewals -- Bona fide practitioner-patient relationship -- Procedures -- Administrative regulations
Status: in_force

218B.050 Written certification form -- Application process -- Renewals -- Bona fide

practitioner-patient relationship -- Procedures -- Administrative regulations.

(1) Except as provided in subsection (11) of this section, a physician or an advanced

practice registered nurse who is authorized to prescribe controlled substances under

KRS 314.042 seeking to provide written certifications for the use of medicinal

cannabis shall apply to the same state licensing board that issued his or her

professional practice license, on a form prescribed by the state licensing board, for

authorization to provide written certifications for the use of medicinal cannabis.

(2) (a) A state licensing board shall approve an application for authorization to

provide written certifications for the use of medicinal cannabis if the

application is complete and meets the requirements established in

administrative regulations promulgated by the state licensing board.

(b) A state licensing board shall not authorize an application for authorization to

provide written certifications for the use of medicinal cannabis if the applicant

has an ownership or investment interest in or compensation agreement with a

cannabis business licensed under this chapter. A state licensing board may

consult with the cabinet to determine if an applicant has an ownership or

investment interest in or compensation agreement with a cannabis business.

(3) Authorization to provide written certifications for the use of medicinal cannabis

granted under this section shall expire and may be renewed in accordance with

administrative regulations promulgated by a state licensing board.

(4) A medicinal cannabis practitioner authorized by a state licensing board to provide

written certifications for the use of medicinal cannabis may only provide a patient

with a written certification after the medicinal cannabis practitioner has:

(a) Established a bona fide practitioner-patient relationship with the patient;

(b) Diagnosed the patient, or confirmed a diagnosis provided by another health

care provider, with a medical condition for which the medicinal cannabis

practitioner believes that the patient is likely to receive safe and effective

therapeutic or palliative benefit from the use of medicinal cannabis;

(c) Reviewed a report of information from the electronic monitoring system

established pursuant to KRS 218A.202 related to the patient for a period of

time that covers at least the twelve (12) months immediately preceding the

date of the report;

(d) Consulted with the patient, or the patient's custodial parent or legal guardian

responsible for providing consent to treatment if the patient is a minor child,

with respect to the possible risks and side effects associated with medicinal

cannabis, including possible interactions between medicinal cannabis and any

other drug or medication that the patient is taking at that time; and

(e) Obtained the consent of the patient's custodial parent or legal guardian

responsible for providing consent to treatment, if the patient is a minor child.

(5) A bona fide practitioner-patient relationship may be established following a referral

from the patient's primary care provider and may be maintained via telehealth.

However, a bona fide practitioner-patient relationship shall not be established via

telehealth.

(6) (a) When issuing a written certification for the use of medicinal cannabis to a

patient, the medicinal cannabis practitioner shall use a form prescribed by the

cabinet.

(b) An initial written certification for the use of medicinal cannabis shall be

provided during the course of an in-person examination of the patient by the

medicinal cannabis practitioner. Subsequent written certifications, including

for the purpose of renewing a registry identification card, may be provided

electronically or during the course of a telehealth consultation.

(c) For the purpose of applying for a registry identification card, a written

certification provided under this section shall be valid for a period of not more

than sixty (60) days. The medicinal cannabis practitioner may renew a written

certification for not more than three (3) additional periods of not more than

sixty (60) days each. Thereafter, the medicinal cannabis practitioner may issue

another certification to the patient only after an in-person examination or an

examination conducted via telehealth of the patient by the medicinal cannabis

practitioner.

(d) Within twenty-four (24) hours of providing a patient with a written

certification for the use of medicinal cannabis, a medicinal cannabis

practitioner shall record the issuance of the written certification in the

electronic monitoring system established pursuant to KRS 218A.202.

(7) A medicinal cannabis practitioner shall not:

(a) Dispense medicinal cannabis; or

(b) Provide a written certification for the use of medicinal cannabis to a family

member or for himself or herself.

(8) Nothing in this chapter shall prevent a medicinal cannabis practitioner from being

sanctioned for:

(a) Issuing a written certification without first obtaining authorization to provide

written certifications from a state licensing board;

(b) Issuing a written certification to a patient with whom the medicinal cannabis

practitioner does not have a bona fide practitioner-patient relationship;

(c) Failing to properly evaluate a patient's medical history and current medical

condition, including all prescription drugs that the patient is currently taking,

prior to issuing a written certification;

(d) Otherwise failing to use good faith in his or her treatment of the patient; or

(e) Any other violation of this section.

(9) A state licensing board may suspend or revoke a medicinal cannabis practitioner's

authorization to provide written certification for the use of medicinal cannabis and

practice license for multiple violations or a serious violation of this section or

administrative regulations promulgated thereunder.

(10) The state licensing boards shall:

(a) No later than July 1, 2024, promulgate administrative regulations in

accordance with KRS Chapter 13A to establish:

1. Procedures for applying for authorization to provide written

certifications;

2. The conditions that must be met to be eligible for authorization to

provide written certifications;

3. The process and procedures for renewing authorization to provide

written certifications;

4. Continuing education requirements for medicinal cannabis practitioners

who are authorized to provide written certifications;

5. The reasons for which authorization to provide written certifications for

the use of medicinal cannabis may be suspended or revoked; and

6. The minimal standards of care when providing written certifications

including record maintenance and follow-up care requirements;

(b) On a regular basis, provide the cabinet with the names of all medicinal

cannabis practitioners; and

(c) Immediately provide the cabinet with the name of any medicinal cannabis

practitioner whose authorization to provide written certifications is suspended

or revoked.

(11) This section does not apply to a practitioner who recommends treatment with

cannabis or a drug derived from cannabis under any of the following that are

approved by an investigational review board or equivalent entity, the United States

Food and Drug Administration, or the National Institutes for Health or any of its

cooperative groups or centers under the United States Department of Health and

Human Services:

(a) A research protocol;

(b) A clinical trial;

(c) An investigational new drug application; or

(d) An expanded access submission.

(12) As used in this section, "telehealth" has the same meaning as in KRS 211.332.