Application for Authorization to Provide Written Certifications for the Use of Medicinal Cannabis
Pursuant to KRS 218B.050(10), the Kentucky Board of Medical Licensure recently completed process of promulgating the administrative regulation, 201 KAR 9:067 that establishes procedures for applying for authorization to provide written certifications; the process and procedures for renewing authorization to provide written certifications; continuing education requirements for medicinal cannabis practitioners; 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 requirements.
The Board will begin accepting applications on July 1, 2024. A link to the application is available here: Medical Cannabis Application.
The form is available in a “pdf" format, with fillable fields. Once completed, it must be printed, signed, and returned to the KBML. Original signatures are required, and incomplete applications will be returned. The Board will not accept applications submitted via email or fax.
Please note that in order to confirm applicants are registered to use any and all electronic prescription drug monitoring programs (i.e. KASPER) pursuant to KRS 218A.202, you must log onto your KASPER account, print and submit the verification certificate along with your application materials. Directions for this process can found here. For questions regarding your KASPER account, please contact the KASPER Business Office at (502) 564-2815.
In order to comply with the continuing education requirement outlined in 201 KAR 9:067, the Board will accept any continuing education program approved by a state medical board on the topics identified in the regulation. The Board does anticipate that CME providers will be developing programs for Kentucky and will include links once they are submitted to our office.
Questions pertaining to the medical cannabis application can be directed to kbmlcannabis@ky.gov.
Kentucky Medical Cannabis Program
As part of his effort to reduce Kentuckians' reliance on addictive opioids and provide them with relief from severe and chronic pain, Gov. Andy Beshear signed Senate Bill 47 on March 31, 2023, which legalizes medical cannabis in the commonwealth effective Jan. 1, 2025. The Office of Medical Cannabis in the Cabinet for Health and Family Services is charged under KRS Chapter 218B with implementing and administering Kentucky's Medical Cannabis Program.
As of April 18, 2024, the Program has filed 17 regulations establishing the processes and procedures for medical cannabis businesses and registered cardholders.
Regulations regarding cannabis businesses establish how cultivators, processors, producers, safety compliance facilities, and dispensaries will apply, become licensed, and operate in the Commonwealth. Regulations regarding patients, designated caregivers, and practitioners establish the procedures to receive a written certification and a medical cannabis card, supply limits, and procedures to publish a list of varieties of medical cannabis.
For more information regarding Kentucky's Cannabis Program, including their relevant statutes and regulations governing the program, please visit - Kentucky Medical Cannabis Program.
Highlights of 201 KAR 9:067
A link to the 201 KAR 9:067 can be found here: Title 201 Chapter 9 Regulation 067 • Kentucky Administrative Regulations • Legislative Research Commission
Here are some of the highlights of 201 KAR 9:067; however, all licensees wishing to become authorized to issue certifications should review and become familiar with the standards set out in the administrative regulation:
Eligibility for Authorization to Provide Written Certifications
A licensee shall be eligible to provide written certifications for the use of medicinal cannabis, pursuant to KRS 218B.050 with the Commonwealth of Kentucky, if the licensee:
(1) Holds a license issued by the board to practice medicine or osteopathy in the Commonwealth of Kentucky in good standing;
(2) Holds a valid DEA permit;
(3) Is registered to use any and all PDMP currently in use in the Commonwealth of Kentucky pursuant to KRS 218A.202;
(4) Holds no ownership or investment in or compensation agreement with a cannabis business licensed under KRS Chapter 218B;
(5) Has completed the required number of hours of education in a course or courses approved by the board specific to the following:
- Diagnosing qualifying medical conditions;
- Treating qualifying medical conditions with medicinal cannabis; and
- The characteristics of medicinal cannabis and possible drug interactions; and
(6) Has submitted an initial or renewal application for authorization to provide written certifications for the use of medicinal cannabis and received confirmation of its process pursuant to Sections 4 and 5 of (201 KAR 9:067).
Procedures for Submitting an Initial Application for Authorization to Provide Written Certifications
(1) To become a medicinal cannabis practitioner an initial applicant shall:
- Submit to the Board a completed Initial Application for Authorization to Provide Written Certifications for the Use of Medicinal Cannabis;
- Submit proof of completion of six (6) hours of education established in Section 6 of 201 KAR 9:067 – Please note the Board will accept any Category I course and
- Submit payment of a nonrefundable fee of $100
(2) Upon receipt of an initial application, the board shall review all application materials submitted and determine whether the licensee meets qualifications to become a medicinal cannabis practitioner.
- The board may contact individuals, agencies, or organizations for information about the licensee.
- If deemed appropriate by the board or its staff, the board may require a licensee to appear before the board to answer questions or provide additional information deemed appropriate for the board to make an informed decision about the licensee's qualifications.
- If the board or its staff determines that the licensee is not qualified to become a medicinal cannabis practitioner or if the board or its staff is unable to independently verify whether the licensee meets the qualification to come a medicinal cannabis practitioner, the board shall notify the licensee of the grounds upon which the initial application cannot be approved.
(3) A licensee shall become an authorized medicinal cannabis practitioner effective upon written or electronic notification from the board the initial application has been processed and approved.
(4) Unless initially issued or annually renewed between January 1 and March 1 in accordance with Section of 5 of 201 KAR 9:067, the authorization to provide written certifications for the use of medicinal cannabis shall expire on March 1.
(5) If a medicinal cannabis practitioner fails to renew before March 1 of any subsequent year, the practitioner may apply as an initial applicant in accordance with the procedures established in this section.