Kentucky Statutes 218B.070 – Cardholder required notifications to cabinet — Return of unused cannabis — Expiration of protections. (Effective January 1, 2025)
Current as of: 2024 | Check for updates
|
Other versions
(1) Cardholders shall be required to make the following notifications to the cabinet:
(a) A cardholder shall notify the cabinet of any change in his or her name or address;
(b) A registered qualified patient shall notify the cabinet within thirty (30) days if he or she ceases to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification;
(c) A registered qualified patient shall notify the cabinet if he or she wishes to terminate a designated caregiver relationship with an individual who has been designated as his or her caregiver;
(d) A designated caregiver shall notify the cabinet within thirty (30) days if he or she becomes aware that a registered qualified patient to whom the caregiver is connected through the cabinet’s registration process has died or has ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification; and
(e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten (10) days of becoming aware the card has been lost.
(2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of subsection (1) of this section, the cardholder shall, within ten (10) days of notification, return any unused medicinal cannabis products to a licensed dispensary for destruction.
(3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) of subsection (1) of this section, but remains eligible under this chapter, the cabinet shall issue the cardholder a new registry identification card with a new random ten (10) character alphanumeric identification number. If the cabinet issues a new registry identification card to a registered qualified patient, the cabinet shall also issue a new registry identification card with a new ten (10) character alphanumeric number to the registered qualified patient’s designated caregiver. New registry identification cards issued under this subsection shall be issued by the cabinet within ten (10) days of receiving the updated information.
(4) If a registered qualified patient ceases to be a registered qualified patient or changes his or her designated caregiver, the cabinet shall promptly notify the designated caregiver in writing. The designated caregiver’s protections under this chapter as to that registered qualified patient shall expire fifteen (15) days after notification by the cabinet.
(5) If a medicinal cannabis practitioner who provided a written certification notifies the cabinet in writing that the registered qualified patient has died, ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no longer believes the patient might receive therapeutic or palliative benefit from the use of medicinal cannabis, the cabinet shall promptly notify the registered qualified patient in writing. The registered qualified patient’s protections under this chapter shall expire
fifteen (15) days after notification by the cabinet, and the registered qualified patient shall have fifteen (15) days to dispose of or donate his or her medicinal cannabis to a dispensary.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 13, effective January 1, 2025.
(a) A cardholder shall notify the cabinet of any change in his or her name or address;
Terms Used In Kentucky Statutes 218B.070
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218B.010
- Cardholder: means :
(a) A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the cabinet. See Kentucky Statutes 218B.010 - Designated caregiver: means a person who has registered as such with the cabinet under KRS §. See Kentucky Statutes 218B.010
- Dispensary: means an entity licensed as such under KRS §. See Kentucky Statutes 218B.010
- Medicinal cannabis practitioner: means a physician or an advanced practice registered nurse who is authorized to prescribe controlled substances under KRS
314. See Kentucky Statutes 218B.010 - 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
- Written certification: means a document dated and signed by a medicinal cannabis practitioner, that:
(a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis. See Kentucky Statutes 218B.010
(b) A registered qualified patient shall notify the cabinet within thirty (30) days if he or she ceases to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification;
(c) A registered qualified patient shall notify the cabinet if he or she wishes to terminate a designated caregiver relationship with an individual who has been designated as his or her caregiver;
(d) A designated caregiver shall notify the cabinet within thirty (30) days if he or she becomes aware that a registered qualified patient to whom the caregiver is connected through the cabinet’s registration process has died or has ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification; and
(e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten (10) days of becoming aware the card has been lost.
(2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of subsection (1) of this section, the cardholder shall, within ten (10) days of notification, return any unused medicinal cannabis products to a licensed dispensary for destruction.
(3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) of subsection (1) of this section, but remains eligible under this chapter, the cabinet shall issue the cardholder a new registry identification card with a new random ten (10) character alphanumeric identification number. If the cabinet issues a new registry identification card to a registered qualified patient, the cabinet shall also issue a new registry identification card with a new ten (10) character alphanumeric number to the registered qualified patient’s designated caregiver. New registry identification cards issued under this subsection shall be issued by the cabinet within ten (10) days of receiving the updated information.
(4) If a registered qualified patient ceases to be a registered qualified patient or changes his or her designated caregiver, the cabinet shall promptly notify the designated caregiver in writing. The designated caregiver’s protections under this chapter as to that registered qualified patient shall expire fifteen (15) days after notification by the cabinet.
(5) If a medicinal cannabis practitioner who provided a written certification notifies the cabinet in writing that the registered qualified patient has died, ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no longer believes the patient might receive therapeutic or palliative benefit from the use of medicinal cannabis, the cabinet shall promptly notify the registered qualified patient in writing. The registered qualified patient’s protections under this chapter shall expire
fifteen (15) days after notification by the cabinet, and the registered qualified patient shall have fifteen (15) days to dispose of or donate his or her medicinal cannabis to a dispensary.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 13, effective January 1, 2025.