{"data":{"id":"us-ky/krs-218b.050","jurisdiction":"us-ky","citation":"KRS 218B.050","heading":"Written certification form -- Application process -- Renewals -- Bona fide","body":"practitioner-patient relationship -- Procedures -- Administrative regulations.\n(1) Except as provided in subsection (11) of this section, a physician or an advanced\npractice registered nurse who is authorized to prescribe controlled substances under\nKRS 314.042 seeking to provide written certifications for the use of medicinal\ncannabis shall apply to the same state licensing board that issued his or her\nprofessional practice license, on a form prescribed by the state licensing board, for\nauthorization to provide written certifications for the use of medicinal cannabis.\n(2) (a) A state licensing board shall approve an application for authorization to\nprovide written cert ifications for the use of medicinal cannabis if the\napplication is complete and meets the requirements established in\nadministrative regulations promulgated by the state licensing board.\n(b) A state licensing board shall not authorize an application for au thorization to\nprovide written certifications for the use of medicinal cannabis if the applicant\nhas an ownership or investment interest in or compensation agreement with a\ncannabis business licensed under this chapter. A state licensing board may\nconsult with the cabinet to determine if an applicant has an ownership or\ninvestment interest in or compensation agreement with a cannabis business.\n(3) Authorization to provide written certifications for the use of medicinal cannabis\ngranted under this section sh all expire and may be renewed in accordance with\nadministrative regulations promulgated by a state licensing board.\n(4) A medicinal cannabis practitioner authorized by a state licensing board to provide\nwritten certifications for the use of medicinal canna bis may only provide a patient\nwith a written certification after the medicinal cannabis practitioner has:\n(a) Established a bona fide practitioner-patient relationship with the patient;\n(b) Diagnosed the patient, or confirmed a diagnosis provided by anoth er health\ncare provider, with a medical condition for which the medicinal cannabis\npractitioner believes that the patient is likely to receive safe and effective\ntherapeutic or palliative benefit from the use of medicinal cannabis;\n(c) Reviewed a report of  information from the electronic monitoring system\nestablished pursuant to KRS 218A.202 related to the patient for a period of\ntime that covers at least the twelve (12) months immediately preceding the\ndate of the report;\n(d) Consulted with the patient, or the patient's custodial parent or legal guardian\nresponsible for providing consent to treatment if the patient is a minor child,\nwith respect to the possible risks and side effects associated with medicinal\ncannabis, including possible interactions between medicinal cannabis and any\nother drug or medication that the patient is taking at that time; and\n(e) Obtained the consent of the patient's custodial parent or legal guardian\nresponsible for providing consent to treatment, if the patient is a minor child.\n(5) A bona fide practitioner-patient relationship may be established following a referral\nfrom the patient's primary care provider and may be maintained via telehealth.\nHowever, a bona fide practitioner -patient relationship s hall not be established via\ntelehealth.\n(6) (a) When issuing a written certification for the use of medicinal cannabis to a\npatient, the medicinal cannabis practitioner shall use a form prescribed by the\ncabinet.\n(b) An initial written certification for th e use of medicinal cannabis shall be\nprovided during the course of an in -person examination of the patient by the\nmedicinal cannabis practitioner. Subsequent written certifications, including\nfor the purpose of renewing a registry identification card, may be provided\nelectronically or during the course of a telehealth consultation.\n(c) For the purpose of applying for a registry identification card, a written\ncertification provided under this section shall be valid for a period of not more\nthan sixty (60) days. The medicinal cannabis practitioner may renew a written\ncertification for not more than three (3) additional periods of not more than\nsixty (60) days each. Thereafter, the medicinal cannabis practitioner may issue\nanother certification to the patient o nly after an in -person examination or an\nexamination conducted via telehealth of the patient by the medicinal cannabis\npractitioner.\n(d) Within twenty -four (24) hours of providing a patient with a written\ncertification for the use of medicinal cannabis, a medicinal cannabis\npractitioner shall record the issuance of the written certification in the\nelectronic monitoring system established pursuant to KRS 218A.202.\n(7) A medicinal cannabis practitioner shall not:\n(a) Dispense medicinal cannabis; or\n(b) Provide a written certification for the use of medicinal cannabis to a family\nmember or for himself or herself.\n(8) Nothing in this chapter shall prevent a medicinal cannabis practitioner from being\nsanctioned for:\n(a) Issuing a written certification without fir st obtaining authorization to provide\nwritten certifications from a state licensing board;\n(b) Issuing a written certification to a patient with whom the medicinal cannabis\npractitioner does not have a bona fide practitioner-patient relationship;\n(c) Failing to properly evaluate a patient's medical history and current medical\ncondition, including all prescription drugs that the patient is currently taking,\nprior to issuing a written certification;\n(d) Otherwise failing to use good faith in his or her treatment of the patient; or\n(e) Any other violation of this section.\n(9) A state licensing board may suspend or revoke a medicinal cannabis practitioner's\nauthorization to provide written certification for the use of medicinal cannabis and\npractice license for multiple violations or a serious violation of this section or\nadministrative regulations promulgated thereunder.\n(10) The state licensing boards shall:\n(a) No later than July 1, 2024, promulgate administrative regulations in\naccordance with KRS Chapter 13A to establish:\n1. Procedures for applying for authorization to provide written\ncertifications;\n2. The conditions that must be met to be eligible for authorization to\nprovide written certifications;\n3. The process and procedures for renewing authorization t o provide\nwritten certifications;\n4. Continuing education requirements for medicinal cannabis practitioners\nwho are authorized to provide written certifications;\n5. The reasons for which authorization to provide written certifications for\nthe use of medicinal cannabis may be suspended or revoked; and\n6. The minimal standards of care when providing written certifications\nincluding record maintenance and follow-up care requirements;\n(b) On a regular basis, provide the cabinet with the names of all medicinal\ncannabis practitioners; and\n(c) Immediately provide the cabinet with the name of any medicinal cannabis\npractitioner whose authorization to provide written certifications is suspended\nor revoked.\n(11) This section does not apply to a practitioner who recommends treatment with\ncannabis or a drug derived from cannabis under any of the following that are\napproved by an investigational review board or equivalent entity, the United States\nFood and Drug Administration, or the National Institutes for Health or any of its\ncooperative groups or centers under the United States Department of Health and\nHuman Services:\n(a) A research protocol;\n(b) A clinical trial;\n(c) An investigational new drug application; or\n(d) An expanded access submission.\n(12) As used in this section, \"telehealth\" has the same meaning as in KRS 211.332.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54617","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"f1148dddb956f8a94ba431ee4ce45d0a79930fc22edadf9c3d3396f218280dae","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.045","next":"us-ky/krs-218b.055"},"notice":"GroundRules: Original legal text. Not legal advice."}