{"data":{"id":"us-ky/krs-218b.020","jurisdiction":"us-ky","citation":"KRS 218B.020","heading":"Board of Physicians and Advisors -- Membership -- Duties -- Reporting","body":"requirements.\n(1) The Cabinet for Health and Family Services is hereby charged with the\nimplementation, operation, oversight, and regulation of the medicinal cannabis\nprogram established in this chapter.\n(2) There is hereby established within the cabinet a Board of Physicians and Advisors\nwhich shall consist of the following members:\n(a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure\nand confirmed by the Senate in accordance with KRS 11.160. In order to be\neligible to be appointed to the board, a physician shall be authorized, pursuant\nto KRS 218B.050, to provide written certifications for the use of medicinal\ncannabis and shall be certified by the  appropriate board in one (1) of the\nfollowing specialties:\n1. Addiction medicine;\n2. Anesthesiology;\n3. Gastroenterology;\n4. Infectious disease;\n5. Neurology;\n6. Obstetrics and gynecology;\n7. Oncology;\n8. Ophthalmology;\n9. Optometry;\n10. Pain management;\n11. Pain medicine;\n12. Pediatrics;\n13. Physical medicine and rehabilitation; or\n14. Psychiatry;\n(b) Two (2) advanced practice registered nurses appointed by the Kentucky Board\nof Nursing and confirmed by the Senate in accordance with KRS 1 1.160. In\norder to be eligible to be appointed to the board, an advanced practice\nregistered nurse shall be authorized, pursuant to KRS 218B.050, to provide\nwritten certifications for the use of medicinal cannabis; and\n(c) One (1) pharmacist appointed by t he Kentucky Board of Pharmacy and\nconfirmed by the Senate in accordance with KRS 11.160.\n(3) Each member of the Board of Physicians and Advisors shall:\n(a) Serve for a term of four (4) years and until his or her successor is appointed\nand confirmed by the Senate;\n(b) Be eligible for reappointment; and\n(c) Serve without compensation, but each member of the board not otherwise\ncompensated for his or her time or expenses shall be entitled to\nreimbursement for his or her actual and necessary expenses in carrying out his\nor her duties with reimbursement for expenses being made in accordance with\nadministrative regulations relating to travel expenses.\n(4) The Board of Physicians and Advisors shall not be subject to reorganization under\nKRS Chapter 12.\n(5) The Board of Physicians and Advisors shall:\n(a) Review and recommend to the cabinet protocols for determining:\n1. The amount of medicinal cannabis or delta -9 tetrahydrocannabinol that\nconstitutes a daily supply, an uninterrupted ten (10) day supply, and an\nuninterrupted thirty (30) day supply of medicinal cannabis for registered\nqualified patients and visiting qualified patients; and\n2. The amount of raw plant material that medicinal cannabis products are\nconsidered to be equivalent to;\n(b) Review and recommend to the cabinet protocols, evolving continuous quality\nimprovement metrics, and minimal performance standards for the biennial\naccreditation process of licensed cannabis businesses;\n(c) Review relevant peer -reviewed, scientific data related to the delta -9\ntetrahydrocannabinol content limits established in KRS 218B.095(2)(b) and\nmake recommendations to the General Assembly regarding revisions to the\nlimits as the board deems appropriate;\n(d) Review relevant peer -reviewed, scientific data related to the various m ethods\nof use and consumption of medicinal cannabis and make recommendations to\nthe General Assembly to approve or restrict certain methods as the board\ndeems appropriate;\n(e) Review relevant peer-reviewed, scientific data related to the use of medicinal\ncannabis for medical, therapeutic, or palliative purposes and make\nrecommendations to the General Assembly to add or remove conditions from\nthe list of qualifying medical conditions defined in KRS 218B.010;\n(f) Perform other duties related to the use of med icinal cannabis upon request by\nthe secretary of the cabinet; and\n(g) Assist the cabinet in developing the Medicinal Cannabis Advisory Pamphlet\ndescribed in KRS 218B.140(2)(b).\n(6) No later than December 1 of each year beginning in 2024, the cabinet, in\nconsultation with the University of Kentucky College of Medicine and the\nKentucky Center for Cannabis, shall submit an annual report to the Legislative\nResearch Commission. The report submitted by the cabinet shall, at a minimum,\ninclude:\n(a) The number of applications and renewals received by the cabinet for registry\nidentification cards for registered qualified patients, visiting qualified patients,\nand designated caregivers, individually and collectively;\n(b) The number of applications and r enewals for registry identification cards that\nwere approved and denied by the cabinet;\n(c) The number of registry identification cards revoked by the cabinet for\nmisconduct and the nature of the misconduct;\n(d) The number of medicinal cannabis practitione rs authorized to provide written\ncertifications;\n(e) The nature of the medical conditions for which medicinal cannabis\npractitioners have provided written certifications;\n(f) The number of applications and renewals received by the cabinet for cannabis\nbusiness licenses, the number of cannabis business licenses issued for each\nbusiness type and tier, and the number of cannabis business license\napplications and renewals that were denied by the cabinet;\n(g) The number of cannabis business agents employed by ea ch type of cannabis\nbusiness;\n(h) An assessment of:\n1. The ability of cardholders in all areas of the state to obtain timely\naffordable access to medicinal cannabis;\n2. The evolving continuous quality improvement metrics and minimal\nperformance standards for the biennial accreditation process of licensed\ncannabis businesses;\n3. The effectiveness of the cultivators, processors, and producers licensed\nunder this chapter, individually and collectively, in serving the needs of\nprocessors, dispensaries, and card holders, the reasonableness of their\nfees, whether they are generating any complaints or security problems,\nand the sufficiency of the number operating to serve processors,\ndispensaries, and cardholders in the Commonwealth;\n4. The effectiveness of the disp ensaries licensed under this chapter,\nindividually and collectively, in serving the needs of cardholders,\nincluding the provision of educational and support services, the\nreasonableness of their fees, whether they are generating any complaints\nor security problems, and the sufficiency of the number operating to\nserve cardholders in the Commonwealth; and\n5. The effectiveness of the licensed safety compliance facilities licensed\nunder this chapter, individually and collectively, in serving the needs of\nother cannabis businesses, including the provision of testing and training\nservices, the reasonableness of their fees, whether they are generating\nany complaints or security problems, and the sufficiency of the number\noperating to serve other cannabis businesses  and cardholders in the\nCommonwealth;\n(i) The amount of medicinal cannabis sold per month in the Commonwealth;\n(j) The total amount of revenue for each calendar year and aggregated by prior\nyears generated from any cannabis business licensure and cardholde r\napplication and renewal fees established by the cabinet;\n(k) The total cost of enforcement for the medicinal cannabis program at the time\nof the report, by city, county, and overall;\n(l) The sufficiency of the regulatory and security safeguards contained  in this\nchapter and adopted by the cabinet through administrative regulations to\nensure that access to and use of medicinal cannabis cultivated and processed\nin this state is provided only to cardholders;\n(m) Any recommended additions or revisions to this  chapter or administrative\nregulations promulgated thereunder, including those relating to security, safe\nhandling, labeling, and nomenclature;\n(n) The results of any scientific research studies regarding the health effects of\ncannabis; and\n(o) Any other data requested by the Legislative Research Commission relating to\nthe medicinal cannabis program and this chapter.\n(7) The cabinet shall provide the University of Kentucky College of Medicine and the\nKentucky Center for Cannabis established in KRS 164.983 w ith all information\nnecessary to allow collaboration with the cabinet on the preparation of this report.\nThe University of Kentucky College of Medicine and the Kentucky Center for\nCannabis may also produce its own report regarding the medicinal cannabis\nprogram established in this chapter which, if produced, shall be submitted to the\nLegislative Research Commission upon completion.\n(8) The information contained in the report described in subsection (6) of this section\nshall be presented in a manner that com plies with the federal Health Insurance\nPortability and Accountability Act, Pub. L. No. 104 -191, and does not disclose any\nidentifying information about cardholders or licensed cannabis businesses.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54616","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"9781a32e968c287c3c5a3324227719b235d0f9ff5fd890bf9f6b8d938d6a95ce","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.015","next":"us-ky/krs-218b.025"},"notice":"GroundRules: Original legal text. Not legal advice."}