218B.055 Registry identification card required -- Written certification -- Visiting
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/ky/218b-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
qualified patient -- Information required.
(1)Except as provided in subsection
(5)of this section, no person shall possess,
purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis in
Kentucky without first applying for and receiving a registry identification card
issued by the cabinet.
(2)A person shall be eligible to apply for a registry identification card as a registered
qualified patient if he or she is a resident of Kentucky, has obtained a written
certification from a medicinal practitioner with whom he or she has a bona fide
practitioner-patient relationship, and has not been convicted of a disqualifying
felony offense.
(a)Except as provided in paragraph
(b)of this subsection, a person shall be
eligible to apply for a registry identification card as a designated caregiver if
he or she is a resident of Kentucky, is at least twenty-one
(21)years of age,
has not been convicted of a disqualifying felony offense, and has agreed to
assist no more than three
(3)registered qualified patients with the use of
medicinal cannabis.
(b)Any person who has been appointed as a guardian, limited guardian,
conservator, or limited conservator under KRS Chapter 387 shall be eligible
to be designated as a designated caregiver by the individual for whom they
have been appointed as a guardian, limited guardian, conservator, or limited
conservator.
(4)A person shall be eligible to apply for a registry identification card as a visiting
qualified patient if he or she is not a resident of Kentucky or has been a resident of
Kentucky for less than thirty
(30)days, is at least twenty-one
(21)years of age, has
not been convicted of a disqualifying felony offense, possesses a valid out-of-state
registry identification card, and possesses documentation of having been diagnosed
with a qualifying medical condition.
(5)A person with a valid out-of-state registry identification card and documentation of
having been diagnosed with a qualifying medical condition may use his or her out-
of-state registry identification card for all purposes established in this chapter and
shall not be required to apply for or receive a visiting qualified patient registry
identification card from the cabinet.
(6)To apply for or renew a registry identification card, a qualified patient shall submit
the following, in accordance with administrative regulations promulgated by the
cabinet:
(a)The name, address, and date of birth of the qualified patient, except that if the
applicant is homeless an address where the applicant may be reached shall be
provided to the cabinet;
(b)A written certification issued by a medicinal cannabis practitioner within sixty
(60)days immediately preceding the date of an application;
(c)The name, address, and telephone number of the qualified patient's medicinal
cannabis practitioner;
(d)The name, address, and date of birth of not more than two
(2)individuals
chosen by the qualified patient to be designated as a caregiver, if the qualified
patient chooses to designate a caregiver, except that if an individual has been
appointed as a guardian, limited guardian, conservator, or limited conservator
under KRS Chapter 387, the qualified patient shall choose that individual as a
designated caregiver;
(e)A statement, signed by the qualified patient, pledging not to divert medicinal
cannabis to anyone who is not permitted to possess medicinal cannabis
pursuant to this chapter. The statement shall contain a listing of potential
penalties, including criminal prosecution, for diverting medicinal cannabis;
(f)A statement, signed by the individuals chosen by the qualified patient to be
designated as a caregiver, if any, agreeing to be designated as the patient's
designated caregiver and pledging not to divert medicinal cannabis to anyone
other than the registered qualified patient to whom the caregiver is connected
through the cabinet's registration process. The statement shall contain a listing
of potential penalties, including criminal prosecution, for diverting medicinal
cannabis; and
(g)The application or renewal fee for a registry identification card for a qualified
patient and the application or renewal fee for a registry identification card for
any designated caregiver chosen by the qualified patient.
(7)To apply for or renew a registry identification card, a qualified patient who is under
eighteen
(18)years of age shall, in addition to the information required under
subsection
(6)of this section, submit:
(a)Documentation of diagnosis of a qualifying medical condition by a
practitioner other than the medicinal cannabis practitioner who provided the
written certification for the use of medicinal cannabis; and
(b)A statement signed by the custodial parent or legal guardian with
responsibility for health care decisions for the qualified patient attesting to the
fact that the custodial parent or legal guardian agrees to:
1. Allow the qualified patient to use medicinal cannabis;
2. Serve as the qualified patient's designated caregiver; and
3. Control the acquisition, dosage, and frequency of use of medicinal
cannabis by the qualified patient.
(8)To apply for or renew a registry identification card, a visiting qualified patient shall
submit the following, in accordance with administrative regulations promulgated by
the cabinet:
(a)The name, address, and date of birth of the visiting qualified patient, except
that if the applicant is homeless an address where the applicant may be
reached shall be provided to the cabinet;
(b)A copy of his or her valid out-of-state registry identification card;
(c)Proof that he or she has been diagnosed with a qualifying medical condition;
(d)The application or renewal fee for a registry identification card for a visiting
qualified patient; and
(e)A statement, signed by the visiting qualified patient, pledging not to divert
medicinal cannabis to anyone who is not permitted to possess medicinal
cannabis pursuant to this chapter. The statement shall contain a listing of
potential penalties, including criminal prosecution, for diverting medicinal
cannabis.
(9)The application for qualified patients' registry identification cards shall ask whether
the patient would like the cabinet to notify him or her of any clinical studies
needing human subjects for research on the use of medicinal cannabis. The cabinet
shall notify interested patients if it is aware of studies that will be conducted in the
United States.
(10)A registered qualified patient applying to renew a registry identification card issued
by the cabinet shall be required to submit to the cabinet a written certification
issued by a medicinal cannabis practitioner within sixty
(60)days immediately
preceding the date of a renewal application.