Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 9 - Board of Medical Licensure › Section 201 KAR 9:067 - Professional standards and procedures for medicinal cannabis practitioners

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.125,
				218B.015,
				218B.050,
				218A.202,
				218B.202,
				311.592,
				311.595,
				311.599
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311.565(1)(a) authorizes the
				board to promulgate administrative regulations to regulate the conduct of its
				licensees. KRS
				218B.050(10) requires the
				board to promulgate administrative regulations to establish procedures for
				applying for authorization to provide written certifications; the conditions
				that shall be met to be eligible for authorization to provide written
				certifications; the process and procedures for renewing authorization to
				provide written certifications; the continuing education requirements for
				medicinal cannabis practitioners; the reasons for which authorization to
				provide written certifications for the use of medicinal cannabis may be
				suspended or revoked; and the minimal standards of care, including record
				maintenance and follow up care requirements.
Section 1. Definitions.
(1) "Board" means the Kentucky Board of
			 Medical Licensure.
(2) "Bona fide
			 practitioner-patient relationship" is defined by
			 KRS
			 218B.010(1).
(3) "Cabinet" is defined by
			 KRS
			 218B.010(2).
(4) "Good standing" means a license that is
			 at the time of initial application or renewal:
(a) Active;
(b) Not the subject of a pending board
			 investigation;
(c) Not probated,
			 limited, restricted, suspended, revoked, or subject to peer assistance;
			 and
(d) Not held by a person who
			 has ever been subject to disciplinary action by a licensing entity of any
			 jurisdiction, including the board or the U.S. Drug Enforcement Administration
			 (DEA), that was based, in whole or in part, on the person's inappropriate
			 prescribing, dispensing, diverting, administering, supplying, or selling a
			 controlled substance or other dangerous drug.
(5) "Immediate family member" means husband
			 or wife; natural or adoptive parent; child or sibling; stepparent, stepchild,
			 stepbrother, or stepsister; father-in-law, mother-in-law, son-in-law,
			 daughter-in-law, brother-in-law, or sister-in-law; grandparent or grandchild;
			 spouse of a grandparent or grandchild; or any person residing in the same
			 residence as the medicinal cannabis practitioner.
(6) "Licensee" means a person licensed by the
			 board to practice medicine or osteopathy in the Commonwealth of
			 Kentucky.
(7) "Medicinal cannabis"
			 is defined by KRS
			 218B.010(15).
(8) "Medicinal cannabis practitioner" means a
			 medical or osteopathic physician who is authorized to prescribe controlled
			 substances and who is authorized by the board to provide written certifications
			 pursuant to KRS
			 218B.050 and this administrative
			 regulation.
(9) "Minor" is defined
			 by KRS
			 218B.010(19).
(10) "PDMP" means the electronic prescription
			 drug monitoring program system for monitoring scheduled controlled substances
			 and medicinal cannabis currently in use in Kentucky pursuant to
			 KRS
			 218A.202, including the Kentucky All Schedule
			 Prescription Electronic Reporting (KASPER) System.
(11) "Qualified patient" is defined by
			 KRS
			 218B.010(25).
(12) "Qualifying medical condition" is
			 defined by KRS
			 218B.010(26).
(13) "Telehealth" is defined by
			 KRS
			 211.332(5).
(14) "Use of medicinal cannabis" is defined
			 by KRS
			 218B.010(37).
(15) "Written certification" is defined by
			 KRS
			 218B.010(39).