Kentucky Statutes 218B.065 – Cabinet action required on application — Registration for patients under age eighteen — Application denial — Administrative hearings. (Effective January 1, 2025)
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(1) Except as provided in subsections (2) to (5) of this section, the cabinet shall:
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, and approve or deny an application or renewal within thirty (30) days of receiving a completed application or renewal application; and
(b) Issue registry identification cards to a qualified patient and any individual designated by the qualified patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the application or renewal. An individual designated as a caregiver shall be issued a designated caregiver registry identification card for each registered qualified patient to whom he or she is connected through the cabinet’s registration process.
(2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen (18) years of age unless:
(a) The custodial parent or legal guardian with responsibility for health care decisions for the qualified patient consents in writing to:
1. Allow the qualified patient’s use of medicinal cannabis;
2. Serve as the qualified patient’s designated caregiver; and
3. Control the acquisition of the medicinal cannabis, the dosage, and the frequency of the use by the qualified patient; and
(b) The designated caregiver application for the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient is approved.
(3) The cabinet may deny an application or renewal for a qualified patient’s or visiting qualified patient’s registry identification card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
(a) Did not provide the information or materials required by KRS § 218B.055; (b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS § 218B.055.
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may deny an application or renewal for a designated caregiver’s registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
1. Is already registered as a designated caregiver for three (3) registered qualified patients;
2. Does not meet the eligibility requirements established in KRS
218B.055;
3. Did not provide the information or materials required by KRS
218B.055;
4. Previously had a registry identification card revoked;
5. Provided false or falsified information;
6. Was previously convicted of a disqualifying felony offense; or
7. Has applied as a designated caregiver for a qualified patient whose application or renewal for a registry identification card was denied.
(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an application or renewal for a designated caregiver’s registration card if the applicant has applied as a designated caregiver for a qualified patient for who the applicant has been appointed under KRS Chapter 387 as a guardian, limited guardian, conservator, or limited conservator.
(5) The cabinet may deny an application or renewal for a visiting qualified patient’s registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
(a) Did not provide the information or materials required by KRS § 218B.055; (b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS § 218B.055.
(6) The cabinet may conduct a criminal background check of any applicant if the criminal background check is conducted solely to determine whether the applicant was previously convicted of a disqualifying felony offense.
(7) The cabinet shall notify the registered qualified patient who has designated someone to serve as his or her designated caregiver if the individual designated as a caregiver is denied a registry identification card.
(8) The cabinet shall notify the applicant in writing of the denial and reasons by registered or certified mail at the address given in the application or supplement. The applicant may, within thirty (30) days after the date of the mailing of the cabinet’s notice, file a written request for an administrative hearing on the application. The hearing shall be conducted on the application in compliance with the requirements of KRS Chapter 13B.
(9) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 12, effective January 1, 2025.
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, and approve or deny an application or renewal within thirty (30) days of receiving a completed application or renewal application; and
Terms Used In Kentucky Statutes 218B.065
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218B.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Designated caregiver: means a person who has registered as such with the cabinet under KRS §. See Kentucky Statutes 218B.010
- Disqualifying felony offense: means :
(a) A felony offense that would classify the person as a violent offender under
KRS §. See Kentucky Statutes 218B.010 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Qualified patient: means a person who has obtained a written certification from a medicinal cannabis practitioner with whom he or she has a bona fide practitioner- patient relationship. See Kentucky Statutes 218B.010
- Venue: The geographical location in which a case is tried.
- Visiting qualified patient: means a person who has registered as such through the cabinet as required under this chapter or who possesses a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition. See Kentucky Statutes 218B.010
(b) Issue registry identification cards to a qualified patient and any individual designated by the qualified patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the application or renewal. An individual designated as a caregiver shall be issued a designated caregiver registry identification card for each registered qualified patient to whom he or she is connected through the cabinet’s registration process.
(2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen (18) years of age unless:
(a) The custodial parent or legal guardian with responsibility for health care decisions for the qualified patient consents in writing to:
1. Allow the qualified patient’s use of medicinal cannabis;
2. Serve as the qualified patient’s designated caregiver; and
3. Control the acquisition of the medicinal cannabis, the dosage, and the frequency of the use by the qualified patient; and
(b) The designated caregiver application for the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient is approved.
(3) The cabinet may deny an application or renewal for a qualified patient’s or visiting qualified patient’s registry identification card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
(a) Did not provide the information or materials required by KRS § 218B.055; (b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS § 218B.055.
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may deny an application or renewal for a designated caregiver’s registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
1. Is already registered as a designated caregiver for three (3) registered qualified patients;
2. Does not meet the eligibility requirements established in KRS
218B.055;
3. Did not provide the information or materials required by KRS
218B.055;
4. Previously had a registry identification card revoked;
5. Provided false or falsified information;
6. Was previously convicted of a disqualifying felony offense; or
7. Has applied as a designated caregiver for a qualified patient whose application or renewal for a registry identification card was denied.
(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an application or renewal for a designated caregiver’s registration card if the applicant has applied as a designated caregiver for a qualified patient for who the applicant has been appointed under KRS Chapter 387 as a guardian, limited guardian, conservator, or limited conservator.
(5) The cabinet may deny an application or renewal for a visiting qualified patient’s registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant:
(a) Did not provide the information or materials required by KRS § 218B.055; (b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS § 218B.055.
(6) The cabinet may conduct a criminal background check of any applicant if the criminal background check is conducted solely to determine whether the applicant was previously convicted of a disqualifying felony offense.
(7) The cabinet shall notify the registered qualified patient who has designated someone to serve as his or her designated caregiver if the individual designated as a caregiver is denied a registry identification card.
(8) The cabinet shall notify the applicant in writing of the denial and reasons by registered or certified mail at the address given in the application or supplement. The applicant may, within thirty (30) days after the date of the mailing of the cabinet’s notice, file a written request for an administrative hearing on the application. The hearing shall be conducted on the application in compliance with the requirements of KRS Chapter 13B.
(9) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 12, effective January 1, 2025.