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AN ACT relating to medicinal cannabis and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218B.010 is amended to read as follows: 3
For the purposes of this chapter, unless the context otherwise requires: 4
(1) "Bona fide practitioner-patient relationship" means a treating or consulting 5
relationship, during the course of which a medicinal cannabis practitioner has: 6
(a) Completed an initial in-person examination and assessment of the patient's 7
medical history and current medical condition which shall include a review 8
of: 9
1. The patient's medical records for the previous twelve (12) months; 10
2. All other available medical records relevant to the patient's qualifying 11
medical condition; 12
3. Any medications that the patient is currently taking; and 13
4. Any other possible risks or side effects that may be associated with the 14
use of medicinal cannabis; 15
(b) Consulted with the patient with respect to the possible medical, therapeutic, 16
and palliative properties of medicinal cannabis; 17
(c) Advised the patient of the possible risks and side effects associated with the 18
use of medicinal cannabis, including possible interactions between medicinal 19
cannabis and any other drug or medication that the patient is taking at that 20
time; and 21
(d) Established an expectation that he or she will provide follow-up care and 22
treatment to the patient in accordance with administrative regulations 23
promulgated pursuant to KRS 218B.050(10); 24
(2) "Cabinet" means the Cabinet for Health and Family Services; 25
(3) "Cannabis business" means an entity licensed under this chapter as a cultivator, 26
dispensary, processor, producer, or safety compliance facility; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(4) "Cannabis business agent" means a principal officer, board member, employee, 1
volunteer, or agent of a cannabis business; 2
(5) "Cardholder" means: 3
(a) A registered qualified patient, designated caregiver, or visiting qualified 4
patient who has applied for, obtained, and possesses a valid registry 5
identification card issued by the cabinet; or 6
(b) A visiting qualified patient who has obtained and possesses: 7
1. A valid out-of-state registry identification card; and 8
2. Documentation of having been diagnosed with a qualifying medical 9
condition; 10
(6) "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and 11
218B.090; 12
(7) "Cultivator agent" means a principal officer, board member, employee, volunteer, 13
or agent of a cultivator; 14
(8) "Designated caregiver" means a person who has registered as such with the cabinet 15
under KRS 218B.055 and 218B.060; 16
(9) "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085, 17
and 218B.090; 18
(10) "Dispensary agent" means a principal officer, board member, employee, volunteer, 19
or agent of a dispensary; 20
(11) "Disqualifying felony offense" means: 21
(a) A felony offense that resulted in the person being classified by the 22
Department of Corrections[would classify the person] as a violent offender 23
under KRS 439.3401; or 24
(b) A violation of a state or federal controlled substance law that was classified as 25
a felony in the jurisdiction where the person was convicted, except: 26
1. An offense for which the sentence, including any term of probation, 27 UNOFFICIAL COPY 24 RS HB 829/EN
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incarceration, or supervised release, was completed five (5) or more 1
years earlier; or 2
2. An offense that, as determined by the cabinet, consisted of conduct for 3
which this chapter would likely have prevented a conviction, but the 4
conduct either occurred prior to the enactment of this chapter or was 5
prosecuted by an authority other than the Commonwealth of Kentucky; 6
(12) "Enclosed, locked facility" means an indoor growing space such as a room, 7
greenhouse, building, or other indoor enclosed area that is maintained and operated 8
by a cultivator or producer and is equipped with locks and other security devices 9
that permit access only by authorized agents of the cultivator or producer, as 10
required by the cabinet; 11
(13) "Growth area" has the same meaning as an enclosed, locked facility; 12
(14) "Marijuana" has the same meaning as in KRS 218A.010; 13
(15) "Medicinal cannabis": 14
(a) Means marijuana as defined in KRS 218A.010 when cultivated, harvested, 15
processed, produced, transported, dispensed, distributed, sold, possessed, or 16
used in accordance with this chapter; 17
(b) Includes medicinal cannabis products and raw plant material; and 18
(c) Does not include industrial hemp or industrial hemp products as defined in 19
KRS 260.850; 20
(16) "Medicinal cannabis accessories" means any equipment, product, or material of any 21
kind which is used, intended for use, or designed for use in the preparing, storing, 22
using, or consuming medicinal cannabis in accordance with this chapter; 23
(17) "Medicinal cannabis practitioner" means a physician or an advanced practice 24
registered nurse who is authorized to prescribe controlled substances under KRS 25
314.042, who is authorized by his or her state licensing board to provide written 26
certifications pursuant to KRS 218B.050; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(18) "Medicinal cannabis product": 1
(a) Means any compound, manufacture, salt, derivative, mixture, or preparation 2
of any part of the plant Cannabis sp., its seeds or its resin; or any compound, 3
mixture, or preparation which contains any quantity of these substances when 4
cultivated, harvested, processed, produced, transported, dispensed, distributed, 5
sold, possessed, or used in accordance with this chapter; and 6
(b) Does not include industrial hemp products as defined in KRS 260.850; 7
(19) "Minor" means a person less than eighteen (18) years of age; 8
(20) "Out-of-state registry identification card" means a registry identification card, or an 9
equivalent document, that was issued pursuant to the laws of another state, district, 10
territory, commonwealth, or insular possession of the United States; 11
(21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and 12
218B.090; 13
(22) "Processor agent" means a principal officer, board member, employee, volunteer, or 14
agent of a processor; 15
(23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and 16
218B.090; 17
(24) "Producer agent" means a principal officer, board member, employee, volunteer, or 18
agent of a producer; 19
(25) "Qualified patient" means a person who has obtained a written certification from a 20
medicinal cannabis practitioner with whom he or she has a bona fide practitioner-21
patient relationship; 22
(26) "Qualifying medical condition" means: 23
(a) Any type or form of cancer regardless of stage; 24
(b) Chronic, severe, intractable, or debilitating pain; 25
(c) Epilepsy or any other intractable seizure disorder; 26
(d) Multiple sclerosis, muscle spasms, or spasticity; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 1
other conventional medical treatments; 2
(f) Post-traumatic stress disorder; and 3
(g) Any other medical condition or disease for which the Kentucky Center for 4
Cannabis established in KRS 164.983, or its successor, determines that 5
sufficient scientific data and evidence exists to demonstrate that an individual 6
diagnosed with that condition or disease is likely to receive medical, 7
therapeutic, or palliative benefits from the use of medicinal cannabis; 8
(27) "Raw plant material": 9
(a) Means the trichome-covered part of the female plant Cannabis sp. or any 10
mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp. 11
plant; and 12
(b) Does not include plant material obtained from industrial hemp as defined in 13
KRS 260.850; 14
(28) "Registered qualified patient" means a qualified patient who has applied for, 15
obtained, and possesses a valid registry identification card[ or provisional 16
registration receipt] issued by the cabinet; 17
(29) "Registry identification card" means a document issued by the cabinet that 18
identifies a person as a registered qualified patient, visiting qualified patient, or 19
designated caregiver; 20
(30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080, 21
218B.085, and 218B.090; 22
(31) "Safety compliance facility agent" means a principal officer, board member, 23
employee, volunteer, or agent of a safety compliance facility; 24
(32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller 25
than eight (8) inches; 26
(33) "Serious violation" means: 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(a) Any violation of this chapter or any administrative regulation promulgated 1
thereunder that is capable of causing death or which causes serious and 2
prolonged disfigurement, prolonged impairment of health, or prolonged loss 3
or impairment of the function of any bodily organ; 4
(b) The diversion of medicinal cannabis for use not regulated pursuant to this 5
chapter; or 6
(c) Any act that would constitute a violation of KRS 218A.1421; 7
(34) "Smoking" means the inhalation of smoke produced from the combustion of raw 8
plant material when ignited by a flame; 9
(35) "State licensing board" means: 10
(a) The Kentucky Board of Medical Licensure; or 11
(b) The Kentucky Board of Nursing; 12
(36) "Telehealth" has the same meaning as in KRS 211.332; 13
(37) "Use of medicinal cannabis": 14
(a) Includes the acquisition, administration, possession, transfer, transportation, 15
or consumption of medicinal cannabis or medicinal cannabis accessories by a 16
cardholder in accordance with this chapter; and 17
(b) Does not include: 18
1. Cultivation of marijuana by a cardholder; 19
2. The use or consumption of marijuana by smoking; or 20
3. The use of industrial hemp or industrial hemp products as defined in 21
KRS 260.850; 22
(38) "Visiting qualified patient" means a person who has registered as such through the 23
cabinet as required under this chapter or who possesses a valid out-of-state registry 24
identification card and documentation of having been diagnosed with a qualifying 25
medical condition; and 26
(39) "Written certification" means a document dated and signed by a medicinal cannabis 27 UNOFFICIAL COPY 24 RS HB 829/EN
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practitioner, that: 1
(a) States, that in the medicinal cannabis practitioner's professional medical 2
opinion, the patient may receive medical, therapeutic, or palliative benefit 3
from the use of medicinal cannabis; 4
(b) Specifies the qualifying medical condition or conditions for which the 5
medicinal cannabis practitioner believes the patient may receive medical, 6
therapeutic, or palliative benefit; and 7
(c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-8
patient relationship with the patient. 9
Section 2. KRS 218B.020 is amended to read as follows: 10
(1) The Cabinet for Health and Family Services is hereby charged with the 11
implementation, operation, oversight, and regulation of the medicinal cannabis 12
program established in this chapter. 13
(2) There is hereby established within the cabinet a Board of Physicians and Advisors 14
which shall consist of the following members: 15
(a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure 16
and confirmed by the Senate in accordance with KRS 11.160. In order to be 17
eligible to be appointed to the board, a physician shall be authorized, pursuant 18
to KRS 218B.050, to provide written certifications for the use of medicinal 19
cannabis and shall be certified by the appropriate board in one (1) of the 20
following specialties: 21
1. Addiction medicine; 22
2. Anesthesiology; 23
3. Gastroenterology; 24
4. Infectious disease; 25
5. Neurology; 26
6. Obstetrics and gynecology; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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7. Oncology; 1
8. Ophthalmology; 2
9. Optometry; 3
10. Pain management; 4
11. Pain medicine; 5
12. Pediatrics; 6
13. Physical medicine and rehabilitation; or 7
14. Psychiatry;[ and] 8
(b) Two (2) advanced practice registered nurses appointed by the Kentucky Board 9
of Nursing and confirmed by the Senate in accordance with KRS 11.160. In 10
order to be eligible to be appointed to the board, an advanced practice 11
registered nurse shall be authorized, pursuant to KRS 218B.050, to provide 12
written certifications for the use of medicinal cannabis; and 13
(c) One (1) pharmacist appointed by the Kentucky Board of Pharmacy and 14
confirmed by the Senate in accordance with KRS 11.160. 15
(3) Each member of the Board of Physicians and Advisors shall: 16
(a) Serve for a term of four (4) years and until his or her successor is appointed 17
and confirmed by the Senate; 18
(b) Be eligible for reappointment; and 19
(c) Serve without compensation, but each member of the board not otherwise 20
compensated for his or her time or expenses shall be entitled to 21
reimbursement for his or her actual and necessary expenses in carrying out his 22
or her duties with reimbursement for expenses being made in accordance with 23
administrative regulations relating to travel expenses. 24
(4) The Board of Physicians and Advisors shall not be subject to reorganization under 25
KRS Chapter 12. 26
(5) The Board of Physicians and Advisors shall: 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(a) Review and recommend to the cabinet protocols for determining: 1
1. The amount of medicinal cannabis or delta-9 tetrahydrocannabinol that 2
constitutes a daily supply, an uninterrupted ten (10) day supply, and an 3
uninterrupted thirty (30) day supply of medicinal cannabis for registered 4
qualified patients and visiting qualified patients; and 5
2. The amount of raw plant material that medicinal cannabis products are 6
considered to be equivalent to; 7
(b) Review and recommend to the cabinet protocols, evolving continuous quality 8
improvement metrics, and minimal performance standards for the biennial 9
accreditation process of licensed cannabis businesses; 10
(c) Review relevant peer-reviewed, scientific data related to the delta-9 11
tetrahydrocannabinol content limits established in KRS 218B.095(2)(b) and 12
make recommendations to the General Assembly regarding revisions to the 13
limits as the board deems appropriate; 14
(d) Review relevant peer-reviewed, scientific data related to the various methods 15
of use and consumption of medicinal cannabis and make recommendations to 16
the General Assembly to approve or restrict certain methods as the board 17
deems appropriate; 18
(e) Review relevant peer-reviewed, scientific data related to the use of medicinal 19
cannabis for medical, therapeutic, or palliative purposes and make 20
recommendations to the General Assembly to add or remove conditions from 21
the list of qualifying medical conditions defined in KRS 218B.010;[ and] 22
(f) Perform other duties related to the use of medicinal cannabis upon request by 23
the secretary of the cabinet; and 24
(g) Assist the cabinet in developing the Medicinal Cannabis Advisory Pamphlet 25
described in subsection (2)(b) of Section 14 of this Act. 26
(6) No later than December 1 of each year beginning in 2024, the cabinet, in 27 UNOFFICIAL COPY 24 RS HB 829/EN
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consultation with the University of Kentucky College of Medicine and the 1
Kentucky Center for Cannabis, shall submit an annual report to the Legislative 2
Research Commission. The report submitted by the cabinet shall, at a minimum, 3
include: 4
(a) The number of applications and renewals received by the cabinet for registry 5
identification cards for registered qualified patients, visiting qualified patients, 6
and designated caregivers, individually and collectively; 7
(b) The number of applications and renewals for registry identification cards that 8
were approved and denied by the cabinet; 9
(c) The number of registry identification cards revoked by the cabinet for 10
misconduct and the nature of the misconduct; 11
(d) The number of medicinal cannabis practitioners authorized to provide written 12
certifications; 13
(e) The nature of the medical conditions for which medicinal cannabis 14
practitioners have provided written certifications; 15
(f) The number of applications and renewals received by the cabinet for cannabis 16
business licenses, the number of cannabis business licenses issued for each 17
business type and tier, and the number of cannabis business license 18
applications and renewals that were denied by the cabinet; 19
(g) The number of cannabis business agents employed by each type of cannabis 20
business; 21
(h) An assessment of: 22
1. The ability of cardholders in all areas of the state to obtain timely 23
affordable access to medicinal cannabis; 24
2. The evolving continuous quality improvement metrics and minimal 25
performance standards for the biennial accreditation process of licensed 26
cannabis businesses; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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3. The effectiveness of the cultivators, processors, and producers licensed 1
under this chapter, individually and collectively, in serving the needs of 2
processors, dispensaries, and cardholders, the reasonableness of their 3
fees, whether they are generating any complaints or security problems, 4
and the sufficiency of the number operating to serve processors, 5
dispensaries, and cardholders in the Commonwealth; 6
4. The effectiveness of the dispensaries licensed under this chapter, 7
individually and collectively, in serving the needs of cardholders, 8
including the provision of educational and support services, the 9
reasonableness of their fees, whether they are generating any complaints 10
or security problems, and the sufficiency of the number operating to 11
serve cardholders in the Commonwealth; and 12
5. The effectiveness of the licensed safety compliance facilities licensed 13
under this chapter, individually and collectively, in serving the needs of 14
other cannabis businesses, including the provision of testing and training 15
services, the reasonableness of their fees, whether they are generating 16
any complaints or security problems, and the sufficiency of the number 17
operating to serve other cannabis businesses and cardholders in the 18
Commonwealth; 19
(i) The amount of medicinal cannabis sold per month in the Commonwealth; 20
(j) The total amount of revenue for each calendar year and aggregated by prior 21
years generated from any cannabis business licensure and cardholder 22
application and renewal fees established by the cabinet; 23
(k) The total cost of enforcement for the medicinal cannabis program at the time 24
of the report, by city, county, and overall; 25
(l) The sufficiency of the regulatory and security safeguards contained in this 26
chapter and adopted by the cabinet through administrative regulations to 27 UNOFFICIAL COPY 24 RS HB 829/EN
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ensure that access to and use of medicinal cannabis cultivated and processed 1
in this state is provided only to cardholders; 2
(m) Any recommended additions or revisions to this chapter or administrative 3
regulations promulgated thereunder, including those relating to security, safe 4
handling, labeling, and nomenclature; 5
(n) The results of any scientific research studies regarding the health effects of 6
cannabis; and 7
(o) Any other data requested by the Legislative Research Commission relating to 8
the medicinal cannabis program and this chapter. 9
(7) The cabinet shall provide the University of Kentucky College of Medicine and the 10
Kentucky Center for Cannabis established in KRS 164.983 with all information 11
necessary to allow collaboration with the cabinet on the preparation of this report. 12
The University of Kentucky College of Medicine and the Kentucky Center for 13
Cannabis may also produce its own report regarding the medicinal cannabis 14
program established in this chapter which, if produced, shall be submitted to the 15
Legislative Research Commission upon completion. 16
(8) The information contained in the report described in subsection (6) of this section 17
shall be presented in a manner that complies with the federal Health Insurance 18
Portability and Accountability Act, Pub. L. No. 104-191, and does not disclose any 19
identifying information about cardholders or licensed cannabis businesses. 20
Section 3. KRS 218B.035 (Effective January 1, 2025) is amended to read as 21
follows: 22
(1) This chapter does not authorize any person to engage in, and shall not prevent the 23
imposition of any civil, criminal, or other penalties, including but not limited to 24
criminal prosecution or disciplinary action by the cabinet or an occupational or 25
professional licensing board, for engaging in the following conduct: 26
(a) Operating, navigating, or being in actual physical control of any aircraft, 27 UNOFFICIAL COPY 24 RS HB 829/EN
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vehicle, vessel, or any other device known, or hereafter invented, that is 1
powered by machinery and that is or may be used to transport persons or 2
property while under the influence of medicinal cannabis; 3
(b) Consuming medicinal cannabis while operating, navigating, or being in actual 4
physical control of an aircraft, vehicle, vessel, or any other device known, or 5
hereafter invented, that is powered by machinery and that is or may be used to 6
transport persons or property; 7
(c) Possessing medicinal cannabis that is within the operator's arm's reach or 8
requires less than a two (2) step process to access while operating, navigating, 9
or being in actual physical control of an aircraft, vehicle, vessel, or any other 10
device known, or hereafter invented, that is powered by machinery and that is 11
or may be used to transport persons or property; 12
(d) Undertaking any task under the influence of medicinal cannabis, when doing 13
so would constitute negligence or professional malpractice; 14
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal 15
cannabis: 16
1. On the grounds of any preschool or primary or secondary school, except 17
as permitted in accordance with policies enacted pursuant to KRS 18
218B.045(4); 19
2. In any correctional facility; or 20
3. On any property of the federal government; 21
(f) Using marijuana, if that person is not a registered qualified patient or visiting 22
qualified patient; 23
(g) Using or consuming marijuana by smoking;[ or] 24
(h) Using or consuming marijuana by vaping while on any form of public 25
transportation, in any public place as defined in KRS 525.010, or in any 26
place of public accommodation, resort, or amusement as defined in KRS 27 UNOFFICIAL COPY 24 RS HB 829/EN
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344.130; or 1
(i) Cultivating marijuana unless that person is licensed by the cabinet as a 2
cannabis cultivator or cannabis producer pursuant to KRS 218B.080, 3
218B.085, and 218B.090 or is a cultivator or producer agent. 4
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the 5
same as those established for operating a motor vehicle under the influence of 6
alcohol or any other substance in KRS 189A.010. 7
(3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be 8
considered to be in possession of medicinal cannabis or engaged in the use of 9
medicinal cannabis and shall not benefit from the legal protections afforded 10
by this chapter. 11
(b) The odor or smell of uncombusted raw plant material shall not constitute 12
evidence of use or consumption of cannabis by smoking. 13
(c) If an individual uses or consumes marijuana by smoking or vaping while on 14
any form of public transportation, in any public place as defined in KRS 15
525.010, or in any place of public accommodation, resort, or amusement as 16
defined in KRS 344.130: 17
1. The cabinet may revoke the individual's registry identification card; and 18
2. The individual may be subject to prosecution under KRS 218A.1421 19
and 218A.1422. 20
(4) Nothing in this chapter supersedes statutory laws relating to driving while under the 21
influence of intoxicants. This chapter shall not prevent the enforcement of current 22
laws pertaining to driving while intoxicated, including KRS 183.061, 189.520, 23
189A.010, and 235.240. 24
(5) As used in this section: 25
(a) "Aircraft" has the same meaning as in KRS 183.011; 26
(b) "Vehicle" has the same meaning as in KRS 189.010; and 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(c) "Vessel" has the same meaning as in KRS 235.010. 1
Section 4. KRS 218B.045 (Effective January 1, 2025) is amended to read as 2
follows: 3
(1) A registered qualified patient or visiting qualified patient who uses medicinal 4
cannabis shall be afforded all the same rights under state and local law, including 5
those guaranteed under KRS Chapter 344, as the individual would have been 6
afforded if he or she were solely prescribed pharmaceutical medications as they 7
pertain to drug testing required by any state or local law. 8
(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time 9
with, a minor child shall not be denied that right, and there shall be no presumption 10
of abuse, neglect, or dependency for conduct permitted under this chapter unless the 11
person's actions in relation to medicinal cannabis created an unreasonable danger to 12
the safety of the minor child as established by clear and convincing evidence. 13
(3) (a) For the purposes of medical care, including organ transplants, a patient's 14
authorized use of medicinal cannabis is the equivalent of the authorized use of 15
any other medication used at the direction of a practitioner. 16
(b) A health facility as defined in KRS 216B.015 may develop policies to allow a 17
patient who is a registered qualified patient or visiting qualified patient to use 18
medicinal cannabis on the premises of the health facility. 19
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for 20
his or her status as a cardholder, unless failing to do so would violate federal 21
law or regulations and cause the school to lose a monetary or licensing-related 22
benefit under federal law or regulations. 23
(b) A school shall not be penalized or denied any benefit under state law for 24
enrolling a cardholder. 25
(c) Each local board of education, [and ]each board of directors of a public 26
charter school, and the governing body of each certified nonpublic school 27 UNOFFICIAL COPY 24 RS HB 829/EN
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shall, no later than December 1, 2024[July 1, 2024], establish policies related 1
to the use of medicinal cannabis by[to permit] a pupil who is a registered 2
qualified patient [to consume medicinal cannabis ]on school property[ as 3
deemed necessary by the pupil's parent or legal guardian]. Policies enacted 4
pursuant to this paragraph shall either prohibit the use of medicinal cannabis 5
on school property or permit the use of medicinal cannabis on school 6
property by a pupil who is a registered qualified patient as deemed 7
necessary by the pupil's parent or legal guardian. If a local board of 8
education, the board of directors of a public charter school, or the 9
governing body of a certified nonpublic school enacts a policy to permit the 10
use of medicinal cannabis by a pupil who is a registered qualified patient, 11
that policy shall: 12
1. Require medicinal cannabis be administered: 13
a. i. By a school nurse or under the supervision of appropriate 14
school staff; or 15
ii. By the parent or legal guardian of the pupil who is a 16
registered qualified patient; and 17
b. Out of view of other students; and 18
2. Include a process by which a school nurse or other school staff 19
member may refuse to administer or supervise the administration of 20
medicinal cannabis. 21
Section 5. KRS 218B.050 is amended to read as follows: 22
(1) Except as provided in subsection (11) of this section, a physician or an advanced 23
practice registered nurse who is authorized to prescribe controlled substances under 24
KRS 314.042 seeking to provide written certifications for the use of medicinal 25
cannabis shall apply to the same state licensing board that issued his or her 26
professional practice license, on a form prescribed by the state licensing board, for 27 UNOFFICIAL COPY 24 RS HB 829/EN
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authorization to provide written certifications for the use of medicinal cannabis. 1
(2) (a) A state licensing board shall approve an application for authorization to 2
provide written certifications for the use of medicinal cannabis if the 3
application is complete and meets the requirements established in 4
administrative regulations promulgated by the state licensing board. 5
(b) A state licensing board shall not authorize an application for authorization to 6
provide written certifications for the use of medicinal cannabis if the applicant 7
has an ownership or investment interest in or compensation agreement with a 8
cannabis business licensed under this chapter. A state licensing board may 9
consult with the cabinet to determine if an applicant has an ownership or 10
investment interest in or compensation agreement with a cannabis business. 11
(3) Authorization to provide written certifications for the use of medicinal cannabis 12
granted under this section shall expire and may be renewed in accordance with 13
administrative regulations promulgated by a state licensing board. 14
(4) A medicinal cannabis practitioner authorized by a state licensing board to provide 15
written certifications for the use of medicinal cannabis may only provide a patient 16
with a written certification after the medicinal cannabis practitioner has: 17
(a) Established a bona fide practitioner-patient relationship with the patient; 18
(b) Diagnosed the patient, or confirmed a diagnosis provided by another health 19
care provider, with a medical condition for which the medicinal cannabis 20
practitioner believes that the patient is likely to[may] receive safe and 21
effective therapeutic or palliative benefit from the use of medicinal cannabis; 22
(c) Reviewed a report of information from the electronic monitoring system 23
established pursuant to KRS 218A.202 related to the patient for a period of 24
time that covers at least the twelve (12) months immediately preceding the 25
date of the report; 26
(d) Consulted with the patient, or the patient's custodial parent or legal guardian 27 UNOFFICIAL COPY 24 RS HB 829/EN
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responsible for providing consent to treatment if the patient is a minor child, 1
with respect to the possible risks and side effects associated with medicinal 2
cannabis, including possible interactions between medicinal cannabis and any 3
other drug or medication that the patient is taking at that time; and 4
(e) Obtained the consent of the patient's custodial parent or legal guardian 5
responsible for providing consent to treatment, if the patient is a minor child. 6
(5) A bona fide practitioner-patient relationship may be established following a referral 7
from the patient's primary care provider and may be maintained via telehealth. 8
However, a bona fide practitioner-patient relationship shall not be established via 9
telehealth. 10
(6) (a) When issuing a written certification for the use of medicinal cannabis to a 11
patient, the medicinal cannabis practitioner shall use a form prescribed by the 12
cabinet. 13
(b) An initial written certification for the use of medicinal cannabis shall be 14
provided during the course of an in-person examination of the patient by the 15
medicinal cannabis practitioner. Subsequent written certifications, including 16
for the purpose of renewing a registry identification card, may be provided 17
electronically or during the course of a telehealth consultation. 18
(c) For the purpose of applying for a registry identification card, a written 19
certification provided under this section shall be valid for a period of not more 20
than sixty (60) days. The medicinal cannabis practitioner may renew a written 21
certification for not more than three (3) additional periods of not more than 22
sixty (60) days each. Thereafter, the medicinal cannabis practitioner may issue 23
another certification to the patient only after an in-person examination or an 24
examination conducted via telehealth of the patient by the medicinal cannabis 25
practitioner. 26
(d) Within twenty-four (24) hours of providing a patient with a written 27 UNOFFICIAL COPY 24 RS HB 829/EN
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certification for the use of medicinal cannabis, a medicinal cannabis 1
practitioner shall record the issuance of the written certification in the 2
electronic monitoring system established pursuant to KRS 218A.202. 3
(7) A medicinal cannabis practitioner shall not: 4
(a) Dispense medicinal cannabis; or 5
(b) Provide a written certification for the use of medicinal cannabis to a family 6
member or for himself or herself. 7
(8) Nothing in this chapter shall prevent a medicinal cannabis practitioner from being 8
sanctioned for: 9
(a) Issuing a written certification without first obtaining authorization to provide 10
written certifications from a state licensing board; 11
(b) Issuing a written certification to a patient with whom the medicinal cannabis 12
practitioner does not have a bona fide practitioner-patient relationship; 13
(c) Failing to properly evaluate a patient's medical history and current medical 14
condition, including all prescription drugs that the patient is currently 15
taking, prior to issuing a written certification; 16
(d) Otherwise failing to use good faith in his or her treatment of the patient; or 17
(e) Any other violation of this section. 18
(9) A state licensing board may suspend or revoke a medicinal cannabis practitioner's 19
authorization to provide written certification for the use of medicinal cannabis and 20
practice license for multiple violations or a serious violation of this section or 21
administrative regulations promulgated thereunder. 22
(10) The state licensing boards shall: 23
(a) No later than July 1, 2024, promulgate administrative regulations in 24
accordance with KRS Chapter 13A to establish: 25
1. Procedures for applying for authorization to provide written 26
certifications; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. The conditions that must be met to be eligible for authorization to 1
provide written certifications; 2
3. The process and procedures for renewing authorization to provide 3
written certifications; 4
4. Continuing education requirements for medicinal cannabis practitioners 5
who are authorized to provide written certifications; 6
5. The reasons for which authorization to provide written certifications for 7
the use of medicinal cannabis may be suspended or revoked; and 8
6. The minimal standards of care when providing written certifications 9
including record maintenance and follow-up care requirements; 10
(b) On a regular basis, provide the cabinet with the names of all medicinal 11
cannabis practitioners; and 12
(c) Immediately provide the cabinet with the name of any medicinal cannabis 13
practitioner whose authorization to provide written certifications is suspended 14
or revoked. 15
(11) This section does not apply to a practitioner who recommends treatment with 16
cannabis or a drug derived from cannabis under any of the following that are 17
approved by an investigational review board or equivalent entity, the United States 18
Food and Drug Administration, or the National Institutes for Health or any of its 19
cooperative groups or centers under the United States Department of Health and 20
Human Services: 21
(a) A research protocol; 22
(b) A clinical trial; 23
(c) An investigational new drug application; or 24
(d) An expanded access submission. 25
(12) As used in this section, "telehealth" has the same meaning as in KRS 211.332. 26
Section 6. KRS 218B.055 (Effective January 1, 2025) is amended to read as 27 UNOFFICIAL COPY 24 RS HB 829/EN
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follows: 1
(1) Except as provided in subsection (5) of this section, no person shall possess, 2
purchase, acquire, or otherwise engage or assist in the use of medicinal cannabis in 3
Kentucky without first applying for and receiving a registry identification card 4
issued by the cabinet. 5
(2) A person shall be eligible to apply for a registry identification card as a registered 6
qualified patient if he or she is a resident of Kentucky, has obtained a written 7
certification from a medicinal practitioner with whom he or she has a bona fide 8
practitioner-patient relationship, and has not been convicted of a disqualifying 9
felony offense. 10
(3) (a) Except as provided in paragraph (b) of this subsection, a person shall be 11
eligible to apply for a registry identification card as a designated caregiver if 12
he or she is a resident of Kentucky, is at least twenty-one (21) years of age, 13
has not been convicted of a disqualifying felony offense, and has agreed to 14
assist no more than three (3) registered qualified patients with the use of 15
medicinal cannabis. 16
(b) Any person who has been appointed as a guardian, limited guardian, 17
conservator, or limited conservator under KRS Chapter 387 shall be eligible 18
to be designated as a designated caregiver by the individual for whom they 19
have been appointed as a guardian, limited guardian, conservator, or limited 20
conservator. 21
(4) A person shall be eligible to apply for a registry identification card as a visiting 22
qualified patient if he or she is not a resident of Kentucky or has been a resident of 23
Kentucky for less than thirty (30) days, is at least twenty-one (21) years of age, has 24
not been convicted of a disqualifying felony offense, possesses a valid out-of-state 25
registry identification card, and possesses documentation of having been diagnosed 26
with a qualifying medical condition. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(5) A person with a valid out-of-state registry identification card and documentation of 1
having been diagnosed with a qualifying medical condition may use his or her out-2
of-state registry identification card for all purposes established in this chapter and 3
shall not be required to apply for or receive a visiting qualified patient registry 4
identification card from the cabinet. 5
(6) To apply for or renew a registry identification card, a qualified patient shall submit 6
the following, in accordance with administrative regulations promulgated by the 7
cabinet: 8
(a) The name, address, and date of birth of the qualified patient, except that if the 9
applicant is homeless an address where the applicant may be reached shall be 10
provided to the cabinet; 11
(b) A written certification issued by a medicinal cannabis practitioner within sixty 12
(60)[ninety (90)] days immediately preceding the date of an application; 13
(c) The name, address, and telephone number of the qualified patient's medicinal 14
cannabis practitioner; 15
(d) The name, address, and date of birth of not more than two (2) individuals 16
chosen by the qualified patient to be designated as a caregiver, if the qualified 17
patient chooses to designate a caregiver, except that if an individual has been 18
appointed as a guardian, limited guardian, conservator, or limited conservator 19
under KRS Chapter 387, the qualified patient shall choose that individual as a 20
designated caregiver; 21
(e) A statement, signed by the qualified patient, pledging not to divert medicinal 22
cannabis to anyone who is not permitted to possess medicinal cannabis 23
pursuant to this chapter. The statement shall contain a listing of potential 24
penalties, including criminal prosecution, for diverting medicinal cannabis; 25
(f) A statement, signed by the individuals chosen by the qualified patient to be 26
designated as a caregiver, if any, agreeing to be designated as the patient's 27 UNOFFICIAL COPY 24 RS HB 829/EN
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designated caregiver and pledging not to divert medicinal cannabis to anyone 1
other than the registered qualified patient to whom the caregiver is connected 2
through the cabinet's registration process. The statement shall contain a listing 3
of potential penalties, including criminal prosecution, for diverting medicinal 4
cannabis; and 5
(g) The application or renewal fee for a registry identification card for a qualified 6
patient and the application or renewal fee for a registry identification card for 7
any designated caregiver chosen by the qualified patient. 8
(7) To apply for or renew a registry identification card, a qualified patient who is under 9
eighteen (18) years of age shall, in addition to the information required under 10
subsection (6) of this section, submit: 11
(a) Documentation of diagnosis of a qualifying medical condition by a 12
practitioner other than the medicinal cannabis practitioner who provided the 13
written certification for the use of medicinal cannabis; and 14
(b) A statement signed by the custodial parent or legal guardian with 15
responsibility for health care decisions for the qualified patient attesting to the 16
fact that the custodial parent or legal guardian agrees to: 17
1. Allow the qualified patient to use medicinal cannabis; 18
2. Serve as the qualified patient's designated caregiver; and 19
3. Control the acquisition, dosage, and frequency of use of medicinal 20
cannabis by the qualified patient. 21
(8) To apply for or renew a registry identification card, a visiting qualified patient shall 22
submit the following, in accordance with administrative regulations promulgated by 23
the cabinet: 24
(a) The name, address, and date of birth of the visiting qualified patient, except 25
that if the applicant is homeless an address where the applicant may be 26
reached shall be provided to the cabinet; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(b) A copy of his or her valid out-of-state registry identification card; 1
(c) Proof that he or she has been diagnosed with a qualifying medical condition; 2
(d) The application or renewal fee for a registry identification card for a visiting 3
qualified patient; and 4
(e) A statement, signed by the visiting qualified patient, pledging not to divert 5
medicinal cannabis to anyone who is not permitted to possess medicinal 6
cannabis pursuant to this chapter. The statement shall contain a listing of 7
potential penalties, including criminal prosecution, for diverting medicinal 8
cannabis. 9
(9) The application for qualified patients' registry identification cards shall ask whether 10
the patient would like the cabinet to notify him or her of any clinical studies 11
needing human subjects for research on the use of medicinal cannabis. The cabinet 12
shall notify interested patients if it is aware of studies that will be conducted in the 13
United States. 14
(10) A registered qualified patient applying to renew a registry identification card issued 15
by the cabinet shall be required to submit to the cabinet a written certification 16
issued by a medicinal cannabis practitioner within sixty (60)[ninety (90)] days 17
immediately preceding the date of a renewal application. 18
Section 7. KRS 218B.060 is amended to read as follows: 19
(1) The cabinet shall establish, implement, and operate a registry identification card 20
program, including registry identification card application and renewal fees, for 21
registered qualified patients, visiting qualified patients, and designated caregivers. 22
Registry identification card application and renewal fees collected by the cabinet 23
pursuant to this section shall be retained by the cabinet for administrative purposes. 24
(2) Registry identification cards shall contain the following: 25
(a) The name of the cardholder; 26
(b) A designation of whether the cardholder is a registered qualified patient, 27 UNOFFICIAL COPY 24 RS HB 829/EN
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visiting qualified patient, or designated caregiver; 1
(c) The date of issuance and expiration date of the registry identification card; 2
(d) A random alphanumeric identification number of at least ten (10) characters, 3
containing at least four (4) numbers and at least four (4) letters, that is unique 4
to the cardholder; 5
(e) A bar code or other marking that can be scanned electronically; 6
(f) A photograph of the cardholder, if the cabinet's administrative regulations 7
require one; 8
(g) The telephone number and website address for the electronic monitoring 9
system established pursuant to KRS 218A.202; 10
(h) If the cardholder is a registered qualified patient who has designated one (1) 11
or more designated caregivers, the random alphanumeric identification 12
number of the patient's designated caregivers; 13
(i) If the cardholder is a designated caregiver, the random alphanumeric 14
identification number of the registered qualified patient the designated 15
caregiver is receiving the registry identification card to assist; and 16
(j) If the cardholder is under eighteen (18) years of age, a clear and obvious 17
designation or identifier indicating that the cardholder is under eighteen (18) 18
years of age. 19
(3) (a) Except as provided in paragraph (b) of this subsection, the expiration date for 20
registry identification cards shall be one (1) year after the date of issuance. 21
(b) If a medicinal cannabis practitioner states in the written certification that the 22
qualified patient would benefit from the use of medicinal cannabis until a 23
specified earlier date, then the registry identification card shall expire on that 24
date. 25
(4) The cabinet may, at its discretion, electronically store in the card all of the 26
information listed in subsection (2) of this section, along with the address and date 27 UNOFFICIAL COPY 24 RS HB 829/EN
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of birth of the cardholder, to allow it to be read electronically by law enforcement 1
agents and licensed cannabis businesses. 2
[(5) (a) The cabinet shall operate a provisional registration receipt system for 3
registered qualified patients, designated caregivers, and visiting qualified 4
patients that shall be valid for forty-five (45) days, or until a permanent card 5
can be issued, as if it is a registry identification card issued by the cabinet. 6
This program shall be implemented and operational simultaneously with the 7
cabinet's implementation of the registry identification card program 8
established in this section. A provisional registration receipt shall contain the 9
following: 10
1. A temporary licensure number; 11
2. A barcode or other marking that can be scanned electronically; 12
3. The name of the applicant; 13
4. A designation of whether the cardholder is a registered qualified patient, 14
visiting qualified patient, or designated caregiver; 15
5. If the cardholder is under eighteen (18) years of age, a clear and obvious 16
designation or identifier indicating that the cardholder is under eighteen 17
(18) years of age; 18
6. The effective date of the receipt; 19
7. The expiration date of the receipt; 20
8. An indication that the cardholder fee has been paid; 21
9. An indication that the application has been submitted and is apparently 22
complete; and 23
10. The name of the certifying medicinal cannabis practitioner. 24
(b) The registration receipt system shall be designed so that this provisional 25
registration receipt shall be produced by the application website upon 26
completion of an application that includes a written certification for the use of 27 UNOFFICIAL COPY 24 RS HB 829/EN
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medicinal cannabis and payment of the cardholder fee. To reduce application 1
errors and processing time, a medicinal cannabis practitioner or a dispensary 2
may offer a service that allows an applicant to use a computer and printer on 3
the premises of the medicinal cannabis practitioner's office or dispensary to 4
complete an application and receive a provisional registration receipt pursuant 5
to this subsection. 6
(c) Notwithstanding any other provision of this chapter, a valid provisional 7
registration receipt issued pursuant to this subsection shall convey to the 8
individual whose name appears on the provisional registration receipt all of 9
the same rights and privileges as a registry identification card issued by the 10
cabinet and shall be accepted by a cannabis business in place of a registry 11
identification card.] 12
Section 8. KRS 218B.065 (Effective January 1, 2025) is amended to read as 13
follows: 14
(1) Except as provided in subsections (2) to (5) of this section, the cabinet shall: 15
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, and 16
approve or deny an application or renewal within thirty (30) days of receiving 17
a completed application or renewal application; and 18
(b) Issue registry identification cards to a qualified patient and any individual 19
designated by the qualified patient as a designated caregiver or a visiting 20
qualified patient within five (5) days of approving the application or renewal. 21
An individual designated as a caregiver shall be issued a designated caregiver 22
registry identification card for each registered qualified patient to whom he or 23
she is connected through the cabinet's registration process. 24
(2) The cabinet shall not issue a registry identification card to a qualified patient who is 25
younger than eighteen (18) years of age unless: 26
(a) The custodial parent or legal guardian with responsibility for health care 27 UNOFFICIAL COPY 24 RS HB 829/EN
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decisions for the qualified patient consents in writing to: 1
1. Allow the qualified patient's use of medicinal cannabis; 2
2. Serve as the qualified patient's designated caregiver; and 3
3. Control the acquisition of the medicinal cannabis, the dosage, and the 4
frequency of the use by the qualified patient; and 5
(b) The designated caregiver application for the custodial parent or legal guardian 6
with responsibility for health care decisions for the qualified patient is 7
approved. 8
(3) The cabinet may deny an application or renewal for a qualified patient's or visiting 9
qualified patient's registry identification card for any reason that the cabinet, in the 10
exercise of sound discretion, deems sufficient, including but not limited to if the 11
applicant: 12
(a) Did not provide the information or materials required by KRS 218B.055; 13
(b) Previously had a registry identification card revoked; 14
(c) Provided false or falsified information; or 15
(d) Does not meet the eligibility requirements established in KRS 218B.055. 16
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may deny 17
an application or renewal for a designated caregiver's registration card for any 18
reason that the cabinet, in the exercise of sound discretion, deems sufficient, 19
including but not limited to if the applicant: 20
1. Is already registered as a designated caregiver for three (3) registered 21
qualified patients; 22
2. Does not meet the eligibility requirements established in KRS 23
218B.055; 24
3. Did not provide the information or materials required by KRS 25
218B.055; 26
4. Previously had a registry identification card revoked; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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5. Provided false or falsified information; 1
6. Was previously convicted of a disqualifying felony offense; or 2
7. Has applied as a designated caregiver for a qualified patient whose 3
application or renewal for a registry identification card was denied. 4
(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an 5
application or renewal for a designated caregiver's registration card if the 6
applicant has applied as a designated caregiver for a qualified patient for who 7
the applicant has been appointed under KRS Chapter 387 as a guardian, 8
limited guardian, conservator, or limited conservator. 9
(5) The cabinet may deny an application or renewal for a visiting qualified patient's 10
registration card for any reason that the cabinet, in the exercise of sound discretion, 11
deems sufficient, including but not limited to if the applicant: 12
(a) Did not provide the information or materials required by KRS 218B.055; 13
(b) Previously had a registry identification card revoked; 14
(c) Provided false or falsified information; or 15
(d) Does not meet the eligibility requirements established in KRS 218B.055. 16
(6) The cabinet may conduct a criminal background check for each[of any] applicant 17
[if the criminal background check is conducted ]solely to determine whether the 18
applicant was previously convicted of a disqualifying felony offense. 19
(7) The cabinet shall notify the registered qualified patient who has designated 20
someone to serve as his or her designated caregiver if the individual designated as a 21
caregiver is denied a registry identification card. 22
(8) The cabinet shall notify the applicant in writing of the denial and reasons by 23
registered or certified mail at the address given in the application or supplement. 24
The applicant may, within thirty (30) days after the date of the mailing of the 25
cabinet's notice, file a written request for an administrative hearing on the 26
application. The hearing shall be conducted on the application in compliance with 27 UNOFFICIAL COPY 24 RS HB 829/EN
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the requirements of KRS Chapter 13B. 1
(9) Final orders of the cabinet after administrative hearings shall be subject to judicial 2
review. Jurisdiction and venue for judicial review are vested in the Circuit Court of 3
the county in which the appealing party resides. 4
Section 9. KRS 218B.070 (Effective January 1, 2025) is amended to read as 5
follows: 6
(1) Cardholders shall be required to make the following notifications to the cabinet: 7
(a) A cardholder shall notify the cabinet of any change in his or her name or 8
address; 9
(b) A registered qualified patient shall notify the cabinet within thirty (30) days if 10
he or she ceases to suffer from the medical condition for which a medicinal 11
cannabis practitioner provided a written certification; 12
(c) A registered qualified patient shall notify the cabinet if he or she wishes to 13
terminate a designated caregiver relationship with an individual who has been 14
designated as his or her caregiver; 15
(d) A designated caregiver shall notify the cabinet within thirty (30) days if he or 16
she becomes aware that a registered qualified patient to whom the caregiver is 17
connected through the cabinet's registration process has died or has ceased to 18
suffer from the medical condition for which a medicinal cannabis practitioner 19
provided a written certification; and 20
(e) If a cardholder loses his or her registry identification card, he or she shall 21
notify the cabinet within ten (10) days of becoming aware the card has been 22
lost. 23
(2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of 24
subsection (1) of this section, the cardholder shall, within ten (10) days of 25
notification, return any unused medicinal cannabis products to a licensed dispensary 26
for destruction. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) of 1
subsection (1) of this section, but remains eligible under this chapter, the cabinet 2
shall issue the cardholder a new registry identification card with a new random ten 3
(10) character alphanumeric identification number. If the cabinet issues a new 4
registry identification card to a registered qualified patient, the cabinet shall also 5
issue a new registry identification card with a new ten (10) character alphanumeric 6
number to the registered qualified patient's designated caregiver. New registry 7
identification cards issued under this subsection shall be issued by the cabinet 8
within ten (10) days of receiving the updated information. 9
(4) If a registered qualified patient ceases to be a registered qualified patient or changes 10
his or her designated caregiver, the cabinet shall promptly notify the designated 11
caregiver in writing. The designated caregiver's protections under this chapter as to 12
that registered qualified patient shall expire fifteen (15) days after notification by 13
the cabinet. 14
(5) (a) [If ]A medicinal cannabis practitioner who provided a written certification to 15
a patient shall, within thirty (30) days of having knowledge of the facts, 16
notify[notifies] the cabinet in writing that the registered qualified patient has 17
died, ceased to suffer from the medical condition for which a medicinal 18
cannabis practitioner provided a written certification, or that the medicinal 19
cannabis practitioner no longer believes the patient is likely to[might] receive 20
safe and effective therapeutic or palliative benefit from the use of medicinal 21
cannabis.[, ] 22
(b) If the cabinet receives written notification required by paragraph (a) of this 23
subsection, the cabinet shall promptly notify the registered qualified patient in 24
writing. The registered qualified patient's protections under this chapter shall 25
expire fifteen (15) days after notification by the cabinet, and the registered 26
qualified patient shall have fifteen (15) days to dispose of or donate his or her 27 UNOFFICIAL COPY 24 RS HB 829/EN
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medicinal cannabis to a dispensary. 1
Section 10. KRS 218B.090 (Effective January 1, 2025) is amended to read as 2
follows: 3
(1) The cabinet shall: 4
(a) Acknowledge receipt of an application for a cannabis business license within 5
fifteen (15) days of receipt;[ and] 6
(b) Provide notification to the cannabis business license applicant as to whether 7
the application for a cannabis business license has been approved or denied 8
within forty-five (45) days of receiving a completed application; and 9
(c) When reviewing and considering cannabis business applications, prioritize 10
the review of applications submitted by an individual or entity who is an 11
existing Kentucky hemp business in good standing with the Kentucky 12
Department of Agriculture, if they meet the application requirements set 13
forth in this chapter and administrative regulations promulgated by the 14
cabinet thereunder. 15
(2) The cabinet may deny an application for a cannabis business license for any reason 16
that the cabinet, in the exercise of sound discretion, deems sufficient, including but 17
not limited to: 18
(a) The applicant failed to submit the materials required by KRS 218B.085, 19
including if the applicant's plans do not satisfy the security, oversight, or 20
recordkeeping administrative regulations promulgated by the cabinet; 21
(b) The applicant falsifies information on the licensure application; 22
(c) The applicant would not be in compliance with local cannabis business 23
prohibitions enacted pursuant to KRS 218B.130; 24
(d) One (1) or more of the prospective principal officers or board members: 25
1. Has been convicted of a disqualifying felony offense, the provisions of 26
KRS 335B.020 and 335B.030 notwithstanding; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Has served as a principal officer or board member for a cannabis 1
business that has had its license revoked; 2
3. Is younger than twenty-one (21) years of age; or 3
4. Is a medicinal cannabis practitioner; or 4
(e) 1. For a safety compliance facility, one (1) or more of the prospective 5
principal officers or board members is a principal officer or board 6
member of a cultivator, processor, producer, or dispensary licensed to 7
operate in Kentucky. 8
2. For a cultivator, processor, producer, or dispensary, one (1) or more of 9
the prospective principal officers or board members is a principal officer 10
or board member of a safety compliance facility licensed to operate in 11
Kentucky. 12
(3) If a cannabis business license application is approved: 13
(a) The cannabis business shall, before it begins operations, submit its complete 14
physical address and the global positioning system coordinates for any 15
cultivation activities if a physical address or the global positioning system 16
coordinates for any cultivation activities had not been finalized when it 17
applied; and 18
(b) The cabinet shall: 19
1. Issue a copy of the license that includes the business's identification 20
number to the approved cannabis business; 21
2. Provide a licensed dispensary with contact and access information for 22
the electronic monitoring system established pursuant to KRS 23
218A.202; and 24
3. Provide notice of licensure approval and issuance to the city and county 25
in which the cannabis business intends to operate. 26
(4) If a cannabis business license application is denied, the cabinet shall notify the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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applicant in writing of a license denial and reasons by registered or certified mail at 1
the address given in the application or supplement. The applicant may, within thirty 2
(30) days after the mailing of the cabinet's notice, file a written request for an 3
administrative hearing on the application. The hearing shall be conducted on the 4
application in compliance with the requirements of KRS Chapter 13B. Final orders 5
of the cabinet after administrative hearings shall be subject to judicial review as 6
provided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in 7
the Circuit Court of the county in which the applicant's business would be located. 8
(5) Notwithstanding any provision of law to the contrary, a cannabis business 9
licensed by the cabinet pursuant to this chapter shall be subject to and required to 10
comply with: 11
(a) Any subsequent action that may be taken pursuant to subsection (2)(a) of 12
Section 13 of this Act by the local government within whose territory the 13
cannabis business is licensed to operate if such action is taken prior to 14
January 1, 2025, including but not limited to the prohibition of cannabis 15
business operations within the territory of the local government; and 16
(b) Any local zoning ordinances and regulations that may be adopted pursuant 17
to subsection (2)(b) of Section 13 of this Act by the local government within 18
whose territory the cannabis business is licensed to operate. 19
Section 11. KRS 218B.100 (Effective January 1, 2025) is amended to read as 20
follows: 21
(1) (a) Cannabis businesses shall be subject to reasonable inspection and 22
investigation by the cabinet pursuant to this subsection and the cabinet's 23
procedures or administrative regulations. 24
(b) The cabinet may inspect any licensed cannabis business premises without 25
having to first obtain a search warrant. 26
(c) The executive director of the Office of Medical Cannabis, or the executive 27 UNOFFICIAL COPY 24 RS HB 829/EN
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director's authorized representatives, shall have the authority to: 1
1. Enter any cannabis business without delay or advance notice during 2
regular working hours and at other reasonable times to: 3
a. Inspect the premises; 4
b. Privately question any owner, operator, agent, or employee of the 5
cannabis business or an employee's representative; and 6
c. Investigate conditions, facts, materials, practices, or other 7
matters deemed appropriate by the cabinet; 8
to determine if the cannabis business is operating in compliance with 9
this chapter and any administrative regulations promulgated 10
thereunder; 11
2. Apply to the Circuit Court in the county in which the cannabis 12
business is located for an order to enforce the right of entry if the 13
cannabis business refuses entry as permitted in this subsection; 14
3. Following the completion of an inspection or investigation, confiscate, 15
possess, transport, and destroy any medicinal cannabis deemed by the 16
executive director, or the executive director's authorized 17
representatives, to be noncompliant with the cultivation, processing, 18
producing, transporting, safety compliance, or dispensary sale 19
standards established in this chapter or any administrative regulation 20
promulgated thereunder; 21
4. Administer oaths, examine witnesses under oath, take depositions, 22
certify official acts, review records and accounts, take photographs, 23
and secure any other evidence deemed necessary to evaluate 24
compliance with this chapter and any administrative regulations 25
promulgated thereunder; and 26
5. Issue subpoenas to compel the: 27 UNOFFICIAL COPY 24 RS HB 829/EN
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a. Attendance of witnesses and parties; and 1
b. Production of books, accounts, correspondence, memoranda, 2
and other materials or records considered necessary and relevant 3
to a matter under investigation by the cabinet. 4
(d) If a witness or party fails to comply with a subpoena issued by the executive 5
director or the executive director's authorized representatives, the executive 6
director or the executive director's authorized representatives may petition 7
the Circuit Court of the county in which the witness or party is located to 8
compel compliance with the subpoena. Failure of a witness or party to 9
comply with an order of the court issued pursuant to this paragraph shall 10
constitute a basis for a finding of contempt by the court under KRS 432.230. 11
In any proceeding brought before a Circuit Court under this paragraph, the 12
court may modify or set aside the subpoena. 13
(2) The cabinet may, on its own motion or on complaint and[,] after investigation, [and 14
opportunity for a public hearing at which the cannabis business has been afforded 15
an opportunity to appear and be heard pursuant to KRS Chapter 13B, ]suspend or 16
revoke a cannabis business license for multiple violations or a serious violation of 17
this chapter or any administrative regulations promulgated thereunder by the 18
licensee or any of its agents. A suspension shall not be for a period of time longer 19
than six (6) months. 20
(3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, as 21
well as the required notice of the hearing, by mailing, via certified mail, the same in 22
writing to the cannabis business at the address on the license. The cannabis business 23
may, within thirty (30) days after the date of the mailing of the cabinet's notice, file 24
a written request for an administrative hearing regarding the suspension, revocation, 25
fine, or other penalty. The hearing shall be conducted in compliance with the 26
requirements of KRS Chapter 13B. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(4) Final orders of the cabinet after administrative hearings shall be subject to judicial 1
review. Jurisdiction and venue for judicial review are vested in the Circuit Court of 2
the county in which the cannabis business is physically located. 3
(5) A cultivator may continue to cultivate and possess cannabis plants during a 4
suspension, but it shall not transfer or sell medicinal cannabis during a suspension. 5
(6) A dispensary may continue to possess its existing medicinal cannabis inventory 6
during a suspension, but it shall not acquire additional medicinal cannabis, or 7
dispense, transfer, or sell medicinal cannabis during a suspension. 8
(7) A processor may continue to process and possess its existing medicinal cannabis 9
inventory during a suspension, but it shall not acquire additional medicinal 10
cannabis, or dispense, transfer, or sell medicinal cannabis products during a 11
suspension. 12
(8) A producer may continue to cultivate, process, and possess cannabis plants and its 13
existing medicinal cannabis inventory during a suspension, but it shall not acquire 14
additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis 15
during a suspension. 16
(9) A safety compliance facility may continue to possess medicinal cannabis during a 17
suspension, but it shall not receive any new medicinal cannabis, test or otherwise 18
analyze medicinal cannabis, or transfer or transport medicinal cannabis during a 19
suspension. 20
Section 12. KRS 218B.110 (Effective January 1, 2025) is amended to read as 21
follows: 22
(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be 23
subject to prosecution under state or local law, to search or inspection except by the 24
cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be 25
denied any right or privilege, including but not limited to a civil penalty or 26
disciplinary action by a court or business licensing board, for acting pursuant to this 27 UNOFFICIAL COPY 24 RS HB 829/EN
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chapter and the cabinet's administrative regulations for: 1
(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or 2
producer in this state; 3
(b) Acquiring or possessing medicinal cannabis accessories or educational 4
material; 5
(c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis, 6
medicinal cannabis accessories, and educational material to cardholders or 7
other dispensaries; 8
(d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis 9
in this state or in any other jurisdiction; or 10
(e) Acquiring, accepting, or receiving medicinal cannabis products from a 11
cardholder, except that a dispensary may not offer anything of monetary value 12
in return for medicinal cannabis received from a cardholder. Any medicinal 13
cannabis received by a dispensary under this paragraph or pursuant to KRS 14
218B.070 shall be destroyed by the dispensary or its agents and shall not be 15
sold, dispensed, or distributed to another cardholder. 16
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall: 17
(a) Maintain records that include specific notations of the amount of medicinal 18
cannabis being dispensed to a cardholder and whether it was dispensed 19
directly to a registered qualified patient or visiting qualified patient, or to a 20
registered qualified patient's designated caregiver. Each entry shall include the 21
date and time the medicinal cannabis was dispensed. The data required to be 22
recorded by this paragraph shall be entered into the electronic monitoring 23
system established pursuant to KRS 218A.202 in accordance with 24
administrative regulations promulgated by the cabinet for the recording of 25
medicinal cannabis dispensing; 26
(b) Only dispense or sell medicinal cannabis after it has been checked by a safety 27 UNOFFICIAL COPY 24 RS HB 829/EN
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compliance facility agent for cannabinoid contents and contaminants in 1
accordance with administrative regulations promulgated by the cabinet; 2
(c) Only dispense or sell medicinal cannabis to a registered qualified patient, 3
visiting qualified patient, or designated caregiver after making a diligent effort 4
to verify: 5
1. That the registry identification card or, for visiting qualified patients, the 6
out-of-state registry identification card presented to the dispensary is 7
valid, including by checking the verification system, if it is operational, 8
or other cabinet-designated databases; 9
2. That the person presenting the registry identification card or, for visiting 10
qualified patients, the out-of-state registry identification card is at least 11
eighteen (18) years of age and is the person identified on the registry 12
identification card by examining at least one (1) other form of 13
government-issued photo identification; and 14
3. The amount of medicinal cannabis the person is legally permitted to 15
purchase pursuant to KRS 218B.025 by checking the electronic 16
monitoring system established pursuant to KRS 218A.202; 17
(d) 1. Upon dispensing medicinal cannabis to a cardholder: 18
a. Provide the cardholder with a copy of the Medicinal Cannabis 19
Advisory Pamphlet described in subsection (2)(b) of Section 14 20
of this Act if: 21
i. It is the first time the patient has purchased medicinal 22
cannabis from the dispensary; 23
ii. It has been more than twelve (12) months since the 24
dispensary last provided the cardholder with a copy of the 25
pamphlet; or 26
iii. The content of the pamphlet has materially changed since 27 UNOFFICIAL COPY 24 RS HB 829/EN
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the dispensary last provided the cardholder with a copy of 1
the pamphlet; 2
b. Obtain the cardholder's signature as required by subsection 3
(2)(b) of Section 14 of this Act; and 4
c. Retain the signature form as required by subsection (2)(b) of 5
Section 14 of this Act. 6
2. The advisory pamphlet required to be provided to cardholders under 7
subparagraph 1. of this paragraph may be provided electronically, and 8
dispensaries may obtain and retain electronic signatures; 9
(e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport: 10
1. Raw plant material with a delta-9 tetrahydrocannabinol content of more 11
than thirty-five percent (35%); 12
2. Medicinal cannabis products intended for oral consumption as an edible, 13
oil, or tincture with more than ten (10) milligrams of delta-9 14
tetrahydrocannabinol per serving; 15
3. Any medicinal cannabis product not described in subparagraph 1. or 2. 16
of this paragraph with a delta-9 tetrahydrocannabinol content of more 17
than seventy percent (70%); or 18
4. Any medicinal cannabis product that contains vitamin E acetate; 19
(f)[(e)] Not acquire medicinal cannabis from any person other than a cannabis 20
business licensed under this chapter, or an agent thereof, a registered qualified 21
patient, or a designated caregiver; 22
(g)[(f)] Not sell or dispense medicinal cannabis products intended for 23
consumption by vaporizing to a cardholder who is younger than twenty-one 24
(21) years of age or to a designated caregiver for a registered qualified patient 25
who is younger than twenty-one (21) years of age; 26
(h)[(g)] Not dispense or sell medicinal cannabis to a minor; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(i)[(h)] Not dispense or sell more medicinal cannabis to a cardholder than he or 1
she is legally permitted to purchase at the time of the transaction; and 2
(j)[(i)] Not rent office space to a medicinal cannabis practitioner. 3
(3) (a) A dispensary may operate a delivery service for cardholders and may deliver 4
medicinal cannabis, medicinal cannabis accessories, and educational material 5
to cardholders at the address identified on the cardholder's registry 6
identification. 7
(b) All delivery services operated or offered by a dispensary shall comply with 8
administrative regulations promulgated by the cabinet pursuant to this section 9
and KRS 218B.140. 10
(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), 11
(f), [or ](g), or (h) of this section, the dispensary and dispensary agent are liable in a 12
civil action for compensatory and punitive damages and reasonable attorney's fees 13
to any person or the representative of the estate of any person who sustains injury, 14
death, or loss to person or property as a result of the failure to comply with 15
subsection (2)(c), (d), (e), (f), [or ](g), or (h) of this section. In any action under this 16
subsection, the court may also award any injunctive or equitable relief that the court 17
considers appropriate. 18
(5) Notwithstanding any provision of law to the contrary, a dispensary licensed 19
pursuant to this chapter prior to January 1, 2025, shall not be permitted to open 20
to the public or otherwise engage in the practice of dispensing medicinal 21
cannabis to cardholders in the Commonwealth before January 1, 2025, except the 22
provisions of this subsection shall not prohibit a licensed dispensary from 23
acquiring or possessing medicinal cannabis products prior to January 1, 2025. 24
Section 13. KRS 218B.130 is amended to read as follows: 25
(1) For the purposes of this section, "local government" means a city, county, urban-26
county government, consolidated local government, charter county government, or 27 UNOFFICIAL COPY 24 RS HB 829/EN
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unified local government. 1
(2) A local government[ may]: 2
(a) Prior to the cabinet issuing a license to a cannabis business to conduct 3
business operations within its territory, may:[Enact ordinances not in conflict 4
with this chapter or with the cabinet's administrative regulations, regulating 5
the time, place, and manner of cannabis business operations, except that a 6
local government shall not enact ordinances that impose an undue burden or 7
make cannabis business operations unreasonable or impractical;] 8
1.[(b)] Prohibit all cannabis business operations within its territory 9
through the passage of an ordinance; or 10
2.[(c)] Enact resolutions directing that the question of prohibiting 11
cannabis businesses from operating within its territory be submitted to 12
the voters of its territory at the next regular election pursuant to 13
subsection (3)(b)[(5)(j)] of this section; 14
except as provided in subsection (5) of Section 10 of this Act; and 15
(b) Within whose territory cannabis business operations are permitted, may 16
enact ordinances: 17
1. That are not less restrictive than this chapter or any administrative 18
regulations promulgated thereunder, relating to the time, place, and 19
manner of cannabis business operations, except that a local 20
government shall not, except as permitted in paragraph (a) of this 21
subsection, enact ordinances that impose an undue burden or make 22
cannabis business operations unreasonable or impractical; and 23
2. To establish and assess reasonable local fees to compensate for any 24
additional costs caused by the operation of cannabis businesses within 25
its territory. Any fees assessed pursuant to this subparagraph shall not 26
exceed the additional costs caused by the operation of cannabis 27 UNOFFICIAL COPY 24 RS HB 829/EN
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businesses. 1
(3) (a) If a county, consolidated local government, charter county government, or 2
unified local government prohibits all cannabis business operations, the 3
legislative body of a city located within the county, consolidated local 4
government, charter county government, or unified local government may: 5
1.[(a)] Approve cannabis business operations within the limits of the city 6
through the passage of an ordinance; or 7
2.[(b)] Enact resolutions directing that the question of allowing cannabis 8
businesses to operate within the limits of the city be submitted to the 9
voters who are eligible to vote in that city's elections at the next regular 10
election pursuant to paragraph (b) of this subsection[ (5)(j) of this 11
section]. 12
(b) If, not later than the second Tuesday in August preceding the day 13
established for a regular election, the county clerk has received a local 14
government resolution pursuant to subsection (2) of this section or 15
paragraph (a) of this subsection, the county clerk shall have prepared to 16
place before the voters of the affected territory at the next regular election 17
the question, which shall be "Are you in favor of the sale of medicinal 18
cannabis at a licensed dispensary and the operation of other cannabis 19
businesses in (affected territory)? Yes....No....". The county clerk shall 20
cause to be published in accordance with KRS Chapter 424, at the same 21
time as the remaining voter information, the full text of the proposal. The 22
county clerk shall cause to be posted in each polling place one (1) copy of 23
the full text of the proposal. 24
(4) If a local government legislative body with jurisdiction prohibits cannabis business 25
operations through the passage of an ordinance, a public question that is initiated by 26
petition and that proposes allowing a cannabis business to operate within the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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affected territory is authorized. 1
(5) A public question that is initiated by petition and is authorized by subsection (4) of 2
this section shall be submitted to the voters within the affected territory at the next 3
regular election by complying with the following requirements: 4
(a) Before a petition for submission of the proposal may be presented for 5
signatures, an intent to circulate the petition, including a copy of the unsigned 6
petition, shall be filed with the county clerk of the affected territory by a[any] 7
person or group of persons who have been registered to vote in the affected 8
territory for at least the previous twelve (12) months seeking the submission 9
of the public question. The statement of intent shall include the addresses of 10
the person or group of persons and shall specify the person or group of 11
persons, as well as the address, to whom all notices are to be sent. Within ten 12
(10) days after the intent to circulate the petition is filed, the county clerk shall 13
deliver a copy of the intent to circulate the petition, including a copy of the 14
unsigned petition, to the legislative body of the affected territory; 15
(b) The petition shall set out in full the following question: "Are you in favor of 16
overturning the decision of the local government legislative body and 17
allowing the sale of medicinal cannabis at a licensed dispensary and the 18
operation of other cannabis businesses in (affected territory)?"; 19
(c) The petition for the submission of the proposal shall be signed by a number of 20
constitutionally qualified voters of the territory to be affected equal to ten 21
percent (10%)[five percent (5%)] of registered voters for the affected 22
territory; 23
(d) Each signature shall be executed in ink or indelible pencil and shall be 24
followed by the legibly printed name of each voter, followed by the voter's 25
residence address, year of birth, and the correct date upon which the voter's 26
name was signed; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(e) No petition for the submission of the proposal shall be circulated for more 1
than six (6) months prior to its filing; 2
(f) After a petition for the submission of the proposal has received no fewer than 3
the number of qualifying signatures required by paragraph (c) of this 4
subsection, the signed petition shall be filed with the county clerk. When it is 5
filed, each sheet of the petition shall have an affidavit executed by the 6
circulator stating that he or she personally circulated the sheet, the number of 7
signatures thereon, that all signatures were affixed in his or her presence, that 8
he or she believes them to be the genuine signatures of registered voters 9
within the affected territory, and that each signer had an opportunity before 10
signing to read the full text of the proposal; 11
(g) No signer of the petition may withdraw his or her name or have it taken from 12
the petition after the petition has been filed. If the name of any person has 13
been placed on the petition for submission of the public question without that 14
person's authority, the person may, at any time prior to certification of 15
sufficiency of the petition by the county clerk as required by paragraph (h) of 16
this subsection, request the removal of his or her name by the county board of 17
elections and, upon proof that the person's name was placed on the petition 18
without his or her authority, the person's name and personal information shall 19
be eliminated, and he or she shall not be counted as a petitioner; 20
(h) Within thirty (30) days after the petition is filed, the county clerk shall 21
complete a certificate as to its sufficiency or, if it is insufficient, specifying 22
the particulars of the insufficiency, and shall send a copy to the person or 23
persons specified in the statement of intent to receive all notices and to the 24
legislative body of the affected territory, all by registered mail. A petition 25
certified insufficient for lack of the required number of valid signatures may 26
be amended once by filing a supplemental petition upon additional sheets 27 UNOFFICIAL COPY 24 RS HB 829/EN
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within thirty (30) days after receiving the certificate of insufficiency. The 1
supplemental petition shall comply with the requirements applicable to the 2
original petition and, within ten (10) days after it is filed, the county clerk 3
shall complete a certificate as to the sufficiency of the petition as amended 4
and promptly send a copy of the certificate to the person or persons specified 5
to receive all notices and to the legislative body of the affected territory by 6
registered mail; 7
(i) A final determination as to the sufficiency of a petition shall be subject to 8
review in the Circuit Court of the county of the affected territory and shall be 9
limited to the validity of the county clerk's determination. A final 10
determination of insufficiency shall not prejudice the filing of a new petition 11
for the same purpose; and 12
(j) If, not later than the second Tuesday in August preceding the day established 13
for a regular election, the county clerk has certified that a petition is 14
sufficient[ or has received a local government resolution pursuant to 15
subsection (2) or (3) of this section], the county clerk shall have prepared to 16
place before the voters of the affected territory at the next regular election the 17
question, which shall be "Are you in favor of overturning the decision of the 18
local government legislative body and allowing the sale of medicinal 19
cannabis at a licensed dispensary and the operation of other cannabis 20
businesses in (affected territory)? Yes....No....". The county clerk shall cause 21
to be published in accordance with KRS Chapter 424, at the same time as the 22
remaining voter information, the full text of the proposal. The county clerk 23
shall cause to be posted in each polling place one (1) copy of the full text of 24
the proposal. 25
(6) If the question submitted to the voters under subsection (3) or (5) of this section 26
fails to pass, three (3) years shall elapse before the question of medicinal cannabis 27 UNOFFICIAL COPY 24 RS HB 829/EN
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sales and cannabis business operations may be included on a regular election ballot 1
for the affected territory. 2
(7) If the question submitted to the voters under subsection (3) or (5) of this section 3
passes, medicinal cannabis sales and cannabis business operations may be 4
conducted in the affected territory, notwithstanding any local government 5
ordinances which prohibit all cannabis business operations within its territory. 6
(8) In circumstances where a county, consolidated local government, charter county 7
government, or unified local government prohibits cannabis business operations but 8
a city within that county, consolidated local government, charter county 9
government, or unified local government approves cannabis business operations 10
either through the adoption of an ordinance or following the affirmative vote of a 11
public question allowing cannabis business operations, then: 12
(a) The cannabis business operations may proceed within the limits of the city; 13
and 14
(b) The county, consolidated local government, charter county government, or 15
unified local government may assess an additional reasonable fee to 16
compensate for any additional corrections impact caused by the approval of 17
cannabis business operations. Any additional fees collected pursuant to this 18
subsection shall not exceed the additional corrections impact caused by the 19
approval of cannabis business operations. 20
(9) In circumstances where neither a city nor the county, urban-county government, 21
consolidated local government, charter county government, or unified local 22
government in which the city is located prohibit cannabis business operations, a 23
cannabis business that is located within the jurisdiction of both the city and the 24
county shall only pay the reasonable established local fees of either the city or the 25
county. The fee shall be established, assessed, collected, and shared between the 26
city and the county, in a manner to be negotiated between the city and the county. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(10) The provisions of general election law shall apply to public questions submitted to 1
voters under this section. 2
(11) If a local government elects, pursuant to subsection (2)(a) of this section, to 3
prohibit cannabis business operations within its territory, the local government 4
shall notify the cabinet in writing of its decision to prohibit cannabis business 5
operations within five (5) days after passage of such an ordinance or after the 6
results of a ballot question to prohibit cannabis business operations are certified. 7
Section 14. KRS 218B.140 is amended to read as follows: 8
(1) No later than July 1, 2024, the cabinet shall: 9
(a) Ensure that the electronic monitoring system established pursuant to KRS 10
218A.202 is designed or configured to enable: 11
1. Medicinal cannabis practitioners to record the issuance of written 12
certifications to qualified patients, as required by KRS 218B.050; 13
2. The cabinet and state licensing boards to monitor the issuance of written 14
certifications by medicinal cannabis practitioners; 15
3. Cabinet personnel, law enforcement personnel, and dispensary agents to 16
verify the validity of registry identification cards issued by the cabinet 17
by entering a registry identification number to determine whether or not 18
the identification number corresponds with a current, valid registry 19
identification card. The system shall only disclose whether the 20
identification card is valid and whether the cardholder is a registered 21
qualified patient, visiting qualified patient, or designated caregiver; 22
4. Law enforcement personnel and dispensary agents to access medicinal 23
cannabis sales data recorded by dispensary agents pursuant to KRS 24
218B.110; 25
5. Dispensary agents to record the amount of medicinal cannabis that is 26
dispensed to a cardholder during each transaction as required by KRS 27 UNOFFICIAL COPY 24 RS HB 829/EN
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218B.110; and 1
6. The sharing of dispensing data recorded by dispensary agents pursuant 2
to KRS 218B.110 with all dispensaries in real time; 3
(b) Ensure that the electronic monitoring system established pursuant to KRS 4
218A.202 is designed to facilitate the tracking of medicinal cannabis from the 5
point of cultivation to the point of sale to cardholders; and 6
(c) Promulgate administrative regulations in accordance with KRS Chapter 13A 7
to establish: 8
1. Procedures for the issuance, renewal, suspension, and revocation of 9
registry identification cards, including the creation of a standardized: 10
a. Written certification form; and 11
b. Application form which the cabinet shall require to be notarized; 12
2. Procedures for the issuance and revocation of registry identification 13
cards; 14
3. Procedures for the issuance, renewal, suspension, and revocation of 15
cannabis business licenses, including the creation of a uniform licensure 16
application form which the cabinet shall require to be notarized and 17
minimal performance standards for a biennial accreditation process with 18
all such procedures subject to the requirements of KRS Chapters 13A 19
and 13B; 20
4. A convenience fee to be assessed and collected by dispensaries for 21
visiting qualified patients who do not possess a valid registry 22
identification card issued by the cabinet and who purchase medicinal 23
cannabis with an out-of-state registry identification card and 24
documentation of having been diagnosed with a qualifying medical 25
condition. The convenience fee established pursuant to this 26
subparagraph shall not exceed fifteen dollars ($15) per transaction; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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5. In collaboration with the Board of Physicians and Advisors[, the 1
Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, 2
and the Kentucky Center for Cannabis]: 3
a. A definition of the amount of medicinal cannabis or delta-9 4
tetrahydrocannabinol that constitutes a daily supply, an 5
uninterrupted ten (10) day supply, and an uninterrupted thirty (30) 6
day supply of medicinal cannabis; and 7
b. The amount of raw plant material that medicinal cannabis products 8
are considered to be equivalent to; 9
6. A process by which a medicinal cannabis practitioner may recommend, 10
and a registered qualified patient or his or her designated caregiver may 11
legally purchase and possess, an amount of medicinal cannabis in excess 12
of the thirty (30) day supply of medicinal cannabis, if the medicinal 13
cannabis practitioner reasonably believes that the standard thirty (30) 14
day supply would be insufficient in providing the patient with 15
uninterrupted therapeutic or palliative relief; 16
7. Provisions governing the following matters related to cannabis 17
businesses with the goal of protecting against diversion and theft, 18
without imposing any undue burden that would make cannabis business 19
operations unreasonable or impractical on cannabis businesses or 20
compromising the confidentiality of cardholders: 21
a. Recordkeeping and inventory control requirements, including the 22
use of the electronic monitoring systems established pursuant to 23
KRS 218A.202; 24
b. Procedures for the verification and validation of a registry 25
identification card, or its equivalent, that was issued pursuant to 26
the laws of another state, district, territory, commonwealth, or 27 UNOFFICIAL COPY 24 RS HB 829/EN
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insular possession of the United States that allows for the use of 1
medicinal cannabis in the jurisdiction of issuance; 2
c. Security requirements for safety compliance facilities, processors, 3
producers, dispensaries, and cultivators, which shall include at a 4
minimum lighting, video security, alarm requirements, on-site 5
parking, and measures to prevent loitering; 6
d. Procedures for the secure transportation, including delivery 7
services provided by dispensaries, and storage of medicinal 8
cannabis by cannabis business licensees and their employees or 9
agents; 10
e. Employment and training requirements for licensees and their 11
agents, including requiring each licensee to create an identification 12
badge for each of the licensee's agents or employees; and 13
f. Restrictions on visits to licensed cultivation and processing 14
facilities, including requiring the use of visitor logs; 15
8. Procedures to establish, publish, and annually update a list of varieties 16
of cannabis that possess a low but effective level of 17
tetrahydrocannabinol, including the substance cannabidiol, by 18
comparing percentages of chemical compounds within a given variety 19
against other varieties of cannabis; 20
9. A rating system that tracks the terpene content of at least the twelve (12) 21
major terpenoids within each strain of cannabis available for medicinal 22
use within the Commonwealth; 23
10. Requirements for random sample testing of medicinal cannabis to 24
ensure quality control, including testing for cannabinoids, terpenoids, 25
residual solvents, pesticides, poisons, toxins, mold, mildew, insects, 26
bacteria, and any other dangerous adulterant; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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11. Requirements for licensed cultivators, producers, and processors to 1
contract with an independent safety compliance facility to test the 2
medicinal cannabis before it is sold at a dispensary. The cabinet may 3
approve the safety compliance facility chosen by a cultivator, producer, 4
or processor and require that the safety compliance facility report test 5
results for a designated quantity of medicinal cannabis to the cultivator, 6
producer, or processor and cabinet; 7
12. Standards for the operation of safety compliance facilities which may 8
include: 9
a. Requirements for equipment; 10
b. Personnel qualifications; and 11
c. Requiring facilities to be accredited by a relevant certifying entity; 12
13. Standards for the packaging and labeling of medicinal cannabis sold or 13
distributed by cannabis businesses which shall comply with 15 U.S.C. 14
secs. 1471 to 1476 and shall include: 15
a. Standards for packaging that requires at least a two (2) step 16
process of initial opening; 17
b. A warning label which may include the length of time it typically 18
takes for the product to take effect, how long the effects of the 19
product typically last, and any other information deemed 20
appropriate or necessary by the cabinet; 21
c. The amount of medicinal cannabis the product is considered the 22
equivalent to; 23
d. Disclosing ingredients, possible allergens, and certain bioactive 24
components, including cannabinoids and terpenoids, as determined 25
by the cabinet; 26
e. A nutritional fact panel; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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f. Opaque, child-resistant packaging; 1
g. A requirement that all raw plant material packaged or sold in this 2
state be marked or labeled as "NOT INTENDED FOR 3
CONSUMPTION BY SMOKING"; 4
h. A requirement that medicinal cannabis products be clearly marked 5
with an identifiable and standardized symbol indicating that the 6
product contains cannabis; 7
i. A requirement that all medicinal cannabis product packaging 8
include an expiration date; and 9
j. A requirement that medicinal cannabis products and their 10
packaging not be visually reminiscent of major brands of edible 11
noncannabis products or otherwise present an attractive nuisance 12
to minors; 13
14. Health and safety requirements for the processing of medicinal cannabis 14
and the indoor cultivation of medicinal cannabis by licensees; 15
15. Restrictions on: 16
a. Additives to medicinal cannabis that are toxic, including vitamin E 17
acetate, or increase the likelihood of addiction; and 18
b. Pesticides, fertilizers, and herbicides used during medicinal 19
cannabis cultivation which pose a threat to human health and 20
safety; 21
16. Standards for the safe processing of medicinal cannabis products created 22
by extracting or concentrating compounds from raw plant material; 23
17. Standards for determining the amount of unprocessed raw plant material 24
that medicinal cannabis products are considered the equivalent to; 25
18. Restrictions on advertising, marketing, and signage in regard to 26
operations or establishments owned by licensees necessary to prevent 27 UNOFFICIAL COPY 24 RS HB 829/EN
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the targeting of minors; 1
19. The requirement that evidence-based educational materials regarding 2
dosage and impairment be disseminated to registered qualified patients, 3
visiting qualified patients, and designated caregivers who purchase 4
medicinal cannabis products; 5
20. Policies governing insurance requirements for cultivators, dispensaries, 6
processors, producers, and safety compliance facilities; and 7
21. Standards, procedures, or restrictions that the cabinet deems necessary 8
to ensure the efficient, transparent, and safe operation of the medicinal 9
cannabis program, except that the cabinet shall not promulgate any 10
administrative regulation that would impose an undue burden or make 11
cannabis business operations unreasonable or impractical. 12
(2) No later than January 1, 2025, the cabinet shall: 13
(a) Establish a medicinal cannabis adverse drug effects reporting system for the 14
purpose of allowing cardholders to report adverse drug effects via telephone 15
or online; and 16
(b) In collaboration with the Board of Physicians and Advisors, produce the 17
Medicinal Cannabis Advisory Pamphlet which shall include but not be 18
limited to: 19
1. Information on the risks, dangers, and possible side effects of the use 20
of medicinal cannabis; 21
2. Information on the medicinal cannabis adverse drug effects reporting 22
system and how to report adverse drug effects; and 23
3. A detachable signature page which shall be: 24
a. Signed by a cardholder each time he or she receives a copy of the 25
Medicinal Cannabis Advisory Pamphlet as required under 26
subsection (2)(d) of Section 12 of this Act; and 27 UNOFFICIAL COPY 24 RS HB 829/EN
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b. Retained by the dispensary for a period of at least thirty-six (36) 1
months. 2
(3) The cabinet shall provide each licensed dispensary with an adequate number of 3
Medicinal Cannabis Advisory Pamphlets to ensure that the dispensary is able to 4
comply with the requirements of subsection (2)(d) of Section 12 of this Act. 5
(4) Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), subsection (2)(e) of 6
Section 12 of this Act[218B.110(2)(d)], 218B.115(2), 218B.120(3), and subsection 7
(1)(c)10., 13., 15., and 16. of this section, the cabinet shall not restrict or limit 8
methods of delivery, use, or consumption of medicinal cannabis or the types of 9
products that may be acquired, produced, processed, possessed, sold, or distributed 10
by a cannabis business. 11
(5)[(3)] If a need for additional cannabis cultivation in this state is demonstrated by 12
cannabis businesses or the cabinet's own analysis, the cabinet may through the 13
promulgation of administrative regulations increase the cultivation area square 14
footage limits for either cultivators or producers, or both by up to three (3) times the 15
limits established in KRS 218B.105 and 218B.120. Any increase in the cultivation 16
square footage limits adopted by the cabinet pursuant to this section shall not result 17
in an increase in the licensure application or renewal fees established by the cabinet. 18
(6)[(4)] When promulgating administrative regulations under this section, the cabinet 19
shall consider standards, procedures, and restrictions that have been found to be 20
best practices relative to the use and regulation of medicinal cannabis. 21
Section 15. KRS 218B.150 is amended to read as follows: 22
Nothing in this chapter shall require a government medical assistance program, private 23
health insurer, property and casualty insurance carrier,[ or] workers' compensation 24
carrier, or self-funded employer providing workers' compensation benefits to reimburse a 25
person for costs associated with the use of medicinal cannabis. 26
Section 16. KRS 218A.202 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(1) As used in this section: 1
(a) "Cabinet" means the Cabinet for Health and Family Services; 2
(b) "Cannabis business" has the same meaning as in KRS 218B.010; 3
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled 4
substance and does not include medicinal cannabis; 5
(d) "Dispensary" has the same meaning as in KRS 218B.010; 6
(e) "Dispensary agent" has the same meaning as in KRS 218B.010; 7
(f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010; 8
(g) "Medicinal cannabis" has the same meaning as in KRS 218B.010; 9
(h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010; 10
(i) "Registry identification card" has the same meaning as in KRS 218B.010; 11
(j) "State licensing board" has the same meaning as in KRS 218B.010; 12
(k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and 13
(l) "Written certification" has the same meaning as in KRS 218B.010. 14
(2) The cabinet shall establish and maintain an electronic system for monitoring 15
Schedules II, III, IV, and V controlled substances and medicinal cannabis. The 16
cabinet may contract for the design, upgrade, or operation of this system if the 17
contract preserves all of the rights, privileges, and protections guaranteed to 18
Kentucky citizens under this chapter and the contract requires that all other aspects 19
of the system be operated in conformity with the requirements of this or any other 20
applicable state or federal law. 21
(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV, 22
or V controlled substances: 23
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled 24
substances to humans shall register with the cabinet to use the system 25
provided for in this section and shall maintain such registration continuously 26
during the practitioner's or pharmacist's term of licensure and shall not have to 27 UNOFFICIAL COPY 24 RS HB 829/EN
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pay a fee or tax specifically dedicated to the operation of the system; 1
(b) Every practitioner or pharmacy which dispenses a controlled substance to a 2
person in Kentucky, or to a person at an address in Kentucky, shall report to 3
the cabinet the data required by this section, which includes the reporting of 4
any Schedule II controlled substance dispensed at a facility licensed by the 5
cabinet and a Schedule II through Schedule V controlled substance regardless 6
of dosage when dispensed by the emergency department of a hospital to an 7
emergency department patient. Reporting shall not be required for: 8
1. A drug administered directly to a patient in a hospital, a resident of a 9
health care facility licensed under KRS Chapter 216B, a resident of a 10
child-caring facility as defined by KRS 199.011, or an individual in a 11
jail, correctional facility, or juvenile detention facility; 12
2. A Schedule III through Schedule V controlled substance dispensed by a 13
facility licensed by the cabinet provided that the quantity dispensed is 14
limited to an amount adequate to treat the patient for a maximum of 15
forty-eight (48) hours and is not dispensed by the emergency department 16
of a hospital; or 17
3. A drug administered or dispensed to a research subject enrolled in a 18
research protocol approved by an institutional review board that has an 19
active federalwide assurance number from the United States Department 20
of Health and Human Services, Office for Human Research Protections, 21
where the research involves single, double, or triple blind drug 22
administration or is additionally covered by a certificate of 23
confidentiality from the National Institutes of Health; 24
(c) In addition to the data required by paragraph (d) of this subsection, a 25
Kentucky-licensed acute care hospital or critical access hospital shall report to 26
the cabinet all positive toxicology screens that were performed by the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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hospital's emergency department to evaluate the patient's suspected drug 1
overdose; 2
(d) Data for each controlled substance that is reported shall include but not be 3
limited to the following: 4
1. Patient identifier; 5
2. National drug code of the drug dispensed; 6
3. Date of dispensing; 7
4. Quantity dispensed; 8
5. Prescriber; and 9
6. Dispenser; 10
(e) The data shall be provided in the electronic format specified by the cabinet 11
unless a waiver has been granted by the cabinet to an individual dispenser. 12
The cabinet shall establish acceptable error tolerance rates for data. 13
Dispensers shall ensure that reports fall within these tolerances. Incomplete or 14
inaccurate data shall be corrected upon notification by the cabinet if the 15
dispenser exceeds these error tolerance rates; 16
(f) The cabinet shall only disclose data to persons and entities authorized to 17
receive that data under this subsection. Disclosure to any other person or 18
entity, including disclosure in the context of a civil action where the 19
disclosure is sought either for the purpose of discovery or for evidence, is 20
prohibited unless specifically authorized by this section. The cabinet shall be 21
authorized to provide data to: 22
1. A designated representative of a board responsible for the licensure, 23
regulation, or discipline of practitioners, pharmacists, or other person 24
who is authorized to prescribe, administer, or dispense controlled 25
substances and who is involved in a bona fide specific investigation 26
involving a designated person; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Employees of the Office of the Inspector General of the cabinet who 1
have successfully completed training for the electronic system and who 2
have been approved to use the system, federal prosecutors, Kentucky 3
Commonwealth's attorneys and assistant Commonwealth's attorneys, 4
county attorneys and assistant county attorneys, a peace officer certified 5
pursuant to KRS 15.380 to 15.404, a certified or full-time peace officer 6
of another state, or a federal agent whose duty is to enforce the laws of 7
this Commonwealth, of another state, or of the United States relating to 8
drugs and who is engaged in a bona fide specific investigation involving 9
a designated person; 10
3. A state-operated Medicaid program in conformity with paragraph (g) of 11
this subsection; 12
4. A properly convened grand jury pursuant to a subpoena properly issued 13
for the records; 14
5. A practitioner or pharmacist, or employee of the practitioner's or 15
pharmacist's practice acting under the specific direction of the 16
practitioner or pharmacist, who certifies that the requested information 17
is for the purpose of: 18
a. Providing medical or pharmaceutical treatment to a bona fide 19
current or prospective patient; 20
b. Reviewing data on controlled substances that have been reported 21
for the birth mother of an infant who is currently being treated by 22
the practitioner for neonatal abstinence syndrome, or has 23
symptoms that suggest prenatal drug exposure; or 24
c. Reviewing and assessing the individual prescribing or dispensing 25
patterns of the practitioner or pharmacist or to determine the 26
accuracy and completeness of information contained in the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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monitoring system; 1
6. The chief medical officer of a hospital or long-term-care facility, an 2
employee of the hospital or long-term-care facility as designated by the 3
chief medical officer and who is working under his or her specific 4
direction, or a physician designee if the hospital or facility has no chief 5
medical officer, if the officer, employee, or designee certifies that the 6
requested information is for the purpose of providing medical or 7
pharmaceutical treatment to a bona fide current or prospective patient or 8
resident in the hospital or facility; 9
7. In addition to the purposes authorized under subparagraph 1. of this 10
paragraph, the Kentucky Board of Medical Licensure, for any physician 11
who is: 12
a. Associated in a partnership or other business entity with a 13
physician who is already under investigation by the Board of 14
Medical Licensure for improper prescribing or dispensing 15
practices; 16
b. In a designated geographic area for which a trend report indicates 17
a substantial likelihood that inappropriate prescribing or 18
dispensing may be occurring; or 19
c. In a designated geographic area for which a report on another 20
physician in that area indicates a substantial likelihood that 21
inappropriate prescribing or dispensing may be occurring in that 22
area; 23
8. In addition to the purposes authorized under subparagraph 1. of this 24
paragraph, the Kentucky Board of Nursing, for any advanced practice 25
registered nurse who is: 26
a. Associated in a partnership or other business entity with a 27 UNOFFICIAL COPY 24 RS HB 829/EN
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physician who is already under investigation by the Kentucky 1
Board of Medical Licensure for improper prescribing or 2
dispensing practices; 3
b. Associated in a partnership or other business entity with an 4
advanced practice registered nurse who is already under 5
investigation by the Board of Nursing for improper prescribing 6
practices; 7
c. In a designated geographic area for which a trend report indicates 8
a substantial likelihood that inappropriate prescribing or 9
dispensing may be occurring; or 10
d. In a designated geographic area for which a report on a physician 11
or another advanced practice registered nurse in that area indicates 12
a substantial likelihood that inappropriate prescribing or 13
dispensing may be occurring in that area; 14
9. A judge or a probation or parole officer administering a diversion or 15
probation program of a criminal defendant arising out of a violation of 16
this chapter or of a criminal defendant who is documented by the court 17
as a substance abuser who is eligible to participate in a court-ordered 18
drug diversion or probation program; or 19
10. A medical examiner engaged in a death investigation pursuant to KRS 20
72.026; 21
(g) The Department for Medicaid Services shall use any data or reports from the 22
system for the purpose of identifying Medicaid providers or recipients whose 23
prescribing, dispensing, or usage of controlled substances may be: 24
1. Appropriately managed by a single outpatient pharmacy or primary care 25
physician; or 26
2. Indicative of improper, inappropriate, or illegal prescribing or 27 UNOFFICIAL COPY 24 RS HB 829/EN
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dispensing practices by a practitioner or drug seeking by a Medicaid 1
recipient; 2
(h) A person who receives data or any report of the system from the cabinet shall 3
not provide it to any other person or entity except as provided in this 4
subsection, in another statute, or by order of a court of competent jurisdiction 5
and only to a person or entity authorized to receive the data or the report 6
under this section, except that: 7
1. A person specified in paragraph (f)2. of this subsection who is 8
authorized to receive data or a report may share that information with 9
any other persons specified in paragraph (f)2. of this subsection 10
authorized to receive data or a report if the persons specified in 11
paragraph (f)2. of this subsection are working on a bona fide specific 12
investigation involving a designated person. Both the person providing 13
and the person receiving the data or report under this subparagraph shall 14
document in writing each person to whom the data or report has been 15
given or received and the day, month, and year that the data or report 16
has been given or received. This document shall be maintained in a file 17
by each agency engaged in the investigation; 18
2. A representative of the Department for Medicaid Services may share 19
data or reports regarding overutilization by Medicaid recipients with a 20
board designated in paragraph (f)1. of this subsection, or with a law 21
enforcement officer designated in paragraph (f)2. of this subsection; 22
3. The Department for Medicaid Services may submit the data as evidence 23
in an administrative hearing held in accordance with KRS Chapter 13B; 24
4. If a state licensing board as defined in KRS 218A.205 initiates formal 25
disciplinary proceedings against a licensee, and data obtained by the 26
board is relevant to the charges, the board may provide the data to the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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licensee and his or her counsel, as part of the notice process required by 1
KRS 13B.050, and admit the data as evidence in an administrative 2
hearing conducted pursuant to KRS Chapter 13B, with the board and 3
licensee taking all necessary steps to prevent further disclosure of the 4
data; and 5
5. A practitioner, pharmacist, or employee who obtains data under 6
paragraph (f)5. of this subsection may share the report with the patient 7
or person authorized to act on the patient's behalf. Any practitioner, 8
pharmacist, or employee who obtains data under paragraph (f)5. of this 9
subsection may place the report in the patient's medical record, in which 10
case the individual report shall then be deemed a medical record subject 11
to disclosure on the same terms and conditions as an ordinary medical 12
record in lieu of the disclosure restrictions otherwise imposed by this 13
section; 14
(i) The cabinet, all peace officers specified in paragraph (f)2. of this subsection, 15
all officers of the court, and all regulatory agencies and officers, in using the 16
data for investigative or prosecution purposes, shall consider the nature of the 17
prescriber's and dispenser's practice and the condition for which the patient is 18
being treated; 19
(j) Intentional failure to comply with the reporting requirements of this 20
subsection shall be a Class B misdemeanor for the first offense and a Class A 21
misdemeanor for each subsequent offense; and 22
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply 23
with this section, the cabinet shall notify the licensing board or agency 24
responsible for licensing the prescriber or dispenser. The licensing board shall 25
treat the notification as a complaint against the license. 26
(4) For the purpose of monitoring the cultivation, processing, production, 27 UNOFFICIAL COPY 24 RS HB 829/EN
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recommending, and dispensing of medicinal cannabis: 1
(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS 2
218B.050 to provide written certifications for the use of medicinal cannabis 3
and every cannabis business licensed under KRS 218B.080, 218B.085, and 4
218B.090 shall register with the cabinet to use the system provided for in this 5
section and shall maintain such registration continuously during the medicinal 6
cannabis practitioner's authorization to provide written certifications or a 7
cannabis business's term of licensure and shall not have to pay a fee or tax 8
specifically dedicated to the operation of the system; 9
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided 10
for in this section allows: 11
1. Medicinal cannabis practitioners to record the issuance of written 12
certifications to a patient as required by KRS 218B.050; 13
2. The cabinet, law enforcement personnel, and dispensary agents to verify 14
the validity of registry identification cards issued by the cabinet. When 15
verifying the validity of an identification card, the system shall only 16
disclose whether the identification card is valid and whether the 17
cardholder is a registered qualified patient, visiting qualified patient, or 18
designated caregiver; 19
3. Dispensary agents to record the amount of medicinal cannabis that is 20
dispensed to a cardholder during each transaction, as required by KRS 21
218B.110; 22
4. Law enforcement personnel and dispensary agents to access medicinal 23
cannabis sales data recorded by dispensary agents pursuant to KRS 24
218B.110; 25
5. The sharing of dispensing data recorded by dispensary agents, pursuant 26
to KRS 218B.110, with all licensed dispensaries in real time; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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6. Licensed cannabis businesses to record data required by administrative 1
regulations promulgated pursuant to KRS 218B.140 to facilitate the 2
tracking of medicinal cannabis from the point of cultivation to the point 3
of sale to cardholders; and 4
7. The cabinet to track all medicinal cannabis in the state from the point of 5
cultivation to the point of sale to a cardholder; 6
(c) The cabinet shall only disclose data related to the cultivation, production, 7
recommending, and dispensing of medicinal cannabis to persons and entities 8
authorized to receive that data under this subsection. Disclosure to any other 9
person or entity, including disclosure in the context of a civil action where the 10
disclosure is sought either for the purpose of discovery or for evidence, is 11
prohibited unless specifically authorized by this subsection. The cabinet shall 12
be authorized to provide data to: 13
1. Any person or entity authorized to receive data pursuant to paragraph 14
(b) of this subsection; 15
2. A designated representative of a state licensing board responsible for the 16
licensure, regulation, or discipline of medicinal cannabis practitioners 17
and who is involved in a bona fide specific investigation involving a 18
designated person; 19
3. Employees of the Office of the Inspector General of the cabinet who 20
have successfully completed training for the electronic system and who 21
have been approved to use the system, Kentucky Commonwealth's 22
attorneys and assistant Commonwealth's attorneys, and county attorneys 23
and assistant county attorneys who are engaged in a bona fide specific 24
investigation involving a designated person; 25
4. A properly convened grand jury pursuant to a subpoena properly issued 26
for the records; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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5. A medicinal cannabis practitioner or an employee of a medicinal 1
cannabis practitioner's practice acting under the specific direction of the 2
medicinal cannabis practitioner, who certifies that the request for 3
information is for the purpose of complying with KRS 218B.050(4)(c); 4
6. The chief medical officer of a hospital or long-term-care facility, an 5
employee of the hospital or long-term-care facility as designated by the 6
chief medical officer and who is working under his or her specific 7
direction, or a physician designee if the hospital or facility has no chief 8
medical officer, if the officer, employee, or designee certifies that the 9
requested information is for the purpose of providing medical or 10
pharmaceutical treatment to a bona fide current or prospective patient or 11
resident in the hospital or facility; 12
7. In addition to the purposes authorized under subparagraph 2. of this 13
paragraph, the Kentucky Board of Medical Licensure, for any physician 14
who is: 15
a. Associated in a partnership, other business entity, or supervision 16
agreement established pursuant to KRS 311.854 with a physician 17
who is already under investigation by the Board of Medical 18
Licensure for improper issuance of written certifications; 19
b. Associated in a partnership or other business entity with an 20
advanced practice registered nurse who is already under 21
investigation by the Board of Nursing for improper issuance of 22
written certifications; 23
c. In a designated geographic area for which a trend report indicates 24
a substantial likelihood that inappropriate issuance of written 25
certifications may be occurring; or 26
d. In a designated geographic area for which a report on another 27 UNOFFICIAL COPY 24 RS HB 829/EN
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physician in that area indicates a substantial likelihood that 1
inappropriate issuance of written certifications may be occurring in 2
that area; 3
8. In addition to the purposes authorized under subparagraph 2. of this 4
paragraph, the Kentucky Board of Nursing, for any advanced practice 5
registered nurse who is: 6
a. Associated in a partnership or other business entity with a 7
physician who is already under investigation by the Kentucky 8
Board of Medical Licensure for improper issuance of written 9
certifications; 10
b. Associated in a partnership or other business entity with an 11
advanced practice registered nurse who is already under 12
investigation by the Board of Nursing for improper issuance of 13
written certifications; 14
c. In a designated geographic area for which a trend report indicates 15
a substantial likelihood that inappropriate issuance of written 16
certifications may be occurring; or 17
d. In a designated geographic area for which a report on another 18
advanced practice registered nurse in that area indicates a 19
substantial likelihood that inappropriate issuance of written 20
certifications may be occurring in that area; 21
9. A judge or a probation or parole officer administering a diversion or 22
probation program of a criminal defendant arising out of a violation of 23
this chapter or of a criminal defendant who is documented by the court 24
as a substance abuser who is eligible to participate in a court-ordered 25
drug diversion or probation program; 26
10. A medical examiner engaged in a death investigation pursuant to KRS 27 UNOFFICIAL COPY 24 RS HB 829/EN
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72.026; or 1
11. The Legislative Research Commission, the University of Kentucky 2
College of Medicine, or the Kentucky Center for Cannabis established 3
in KRS 164.983 if the cabinet determines that disclosing data related to 4
the cultivation, production, recommending, and dispensing of medicinal 5
cannabis to the Legislative Research Commission, the University of 6
Kentucky College of Medicine, or the Kentucky Center for Cannabis is 7
necessary to comply with the reporting requirements established in KRS 8
218B.020(8); and 9
(d) A person who receives data or any report of the system from the cabinet shall 10
not provide it to any other person or entity except as provided in this section, 11
in another statute, or by order of a court of competent jurisdiction and only to 12
a person or entity authorized to receive the data or the report under this 13
section, except that: 14
1. A person specified in paragraph (c)3. of this subsection who is 15
authorized to receive data or a report may share that information with 16
any other persons specified in paragraph (c)3. of this subsection 17
authorized to receive data or a report if the persons specified in 18
paragraph (c)3. of this subsection are working on a bona fide specific 19
investigation involving a designated person. Both the person providing 20
and the person receiving the data or report under this subparagraph shall 21
document in writing each person to whom the data or report has been 22
given or received and the day, month, and year that the data or report 23
has been given or received. This document shall be maintained in a file 24
by each agency engaged in the investigation; 25
2. If a state licensing board initiates formal disciplinary proceedings 26
against a licensee, and data obtained by the board is relevant to the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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charges, the board may provide the data to the licensee and his or her 1
counsel, as part of the notice process required by KRS 13B.050, and 2
admit the data as evidence in an administrative hearing conducted 3
pursuant to KRS Chapter 13B, with the board and licensee taking all 4
necessary steps to prevent further disclosure of the data; and 5
3. A medicinal cannabis practitioner or an employee of a medicinal 6
cannabis practitioner's practice acting under the specific direction of the 7
medicinal cannabis practitioner who obtains data under paragraph (c)5. 8
of this subsection may share the report with the patient or person 9
authorized to act on the patient's behalf. Any medicinal cannabis 10
practitioner or employee who obtains data under paragraph (c)5. of this 11
subsection may place the report in the patient's medical record, in which 12
case the individual report shall then be deemed a medical record subject 13
to disclosure on the same terms and conditions as an ordinary medical 14
record in lieu of the disclosure restrictions otherwise imposed by this 15
section. 16
(5) The data contained in, and any report obtained from, the electronic system for 17
monitoring established pursuant to this section shall not be a public record, except 18
that the Department for Medicaid Services may submit the data as evidence in an 19
administrative hearing held in accordance with KRS Chapter 13B. 20
(6) Intentional disclosure of transmitted data to a person not authorized by subsection 21
(3)(f) to (h) or (4)(c) and (d) of this section or authorized by KRS 315.121, or 22
obtaining information under this section not relating to a bona fide current or 23
prospective patient or a bona fide specific investigation, shall be a Class B 24
misdemeanor for the first offense and a Class A misdemeanor for each subsequent 25
offense. 26
(7) The cabinet may, by promulgating an administrative regulation, limit the length of 27 UNOFFICIAL COPY 24 RS HB 829/EN
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time that data remain in the electronic system. Any data removed from the system 1
shall be archived and subject to retrieval within a reasonable time after a request 2
from a person authorized to review data under this section. 3
(8) (a) The Cabinet for Health and Family Services shall work with each board 4
responsible for the licensure, regulation, or discipline of practitioners, 5
pharmacists, or other persons who are authorized to prescribe, administer, or 6
dispense controlled substances for the development of a continuing education 7
program about the purposes and uses of the electronic system for monitoring 8
established in this section. 9
(b) The cabinet shall work with each board responsible for the licensure, 10
regulation, or discipline of medicinal cannabis practitioners for the 11
development of a continuing education program about the purposes and uses 12
of the electronic system for monitoring established in this section. 13
(c) The cabinet shall work with the Kentucky Bar Association for the 14
development of a continuing education program for attorneys about the 15
purposes and uses of the electronic system for monitoring established in this 16
section. 17
(d) The cabinet shall work with the Justice and Public Safety Cabinet for the 18
development of a continuing education program for law enforcement officers 19
about the purposes and uses of the electronic system for monitoring 20
established in this section. 21
(e) The cabinet shall develop a training program for cannabis business agents 22
about the purposes and uses of the electronic system for monitoring 23
established in this section. 24
(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify 25
patterns of potential improper, inappropriate, or illegal prescribing or dispensing of 26
a controlled substance, issuance of written certifications, or cultivation, processing, 27 UNOFFICIAL COPY 24 RS HB 829/EN
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or dispensing of medicinal cannabis. The Office of Inspector General may 1
independently investigate and submit findings and recommendations to the 2
appropriate boards of licensure or other reporting agencies. 3
(10) The cabinet shall promulgate administrative regulations to implement the 4
provisions of this section. Included in these administrative regulations shall be: 5
(a) An error resolution process allowing a patient to whom a report had been 6
disclosed under subsections (3) and (4) of this section to request the correction 7
of inaccurate information contained in the system relating to that patient; and 8
(b) A requirement that data be reported to the system under subsection (3)(b) of 9
this section within one (1) day of dispensing. 10
(11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward 11
data regarding any felony or Class A misdemeanor conviction that involves 12
the trafficking or possession of a controlled substance or other prohibited acts 13
under KRS Chapter 218A for the previous five (5) calendar years to the 14
cabinet for inclusion in the electronic monitoring system established under 15
this section. On or after July 1, 2018, such data shall be forwarded by the 16
Administrative Office of the Courts to the cabinet on a continuing basis. The 17
cabinet shall incorporate the data received into the system so that a query by 18
patient name indicates any prior drug conviction. 19
(b) Before July 1, 2024, the Administrative Office of the Courts shall forward all 20
available data regarding any disqualifying felony offense for the previous five 21
(5) calendar years to the cabinet for inclusion in the electronic monitoring 22
system established under this section. On or after July 1, 2024, such data shall 23
be forwarded by the Administrative Office of the Courts to the cabinet on a 24
continuing basis. The cabinet shall incorporate the data received into the 25
system so that a query by patient name indicates any prior disqualifying 26
felony conviction. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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Section 17. KRS 12.020 (Effective until July 1, 2024) is amended to read as 1
follows: 2
Departments, program cabinets and their departments, and the respective major 3
administrative bodies that they include are enumerated in this section. It is not intended 4
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 5
bureau, interstate compact, commission, committee, conference, council, office, or any 6
other form of organization shall be included in or attached to the department or program 7
cabinet in which they are included or to which they are attached by statute or statutorily 8
authorized executive order; except in the case of the Personnel Board and where the 9
attached department or administrative body is headed by a constitutionally elected 10
officer, the attachment shall be solely for the purpose of dissemination of information and 11
coordination of activities and shall not include any authority over the functions, 12
personnel, funds, equipment, facilities, or records of the department or administrative 13
body. 14
I. Cabinet for General Government - Departments headed by elected officers: 15
(1) The Governor. 16
(2) Lieutenant Governor. 17
(3) Department of State. 18
(a) Secretary of State. 19
(b) Board of Elections. 20
(c) Registry of Election Finance. 21
(4) Department of Law. 22
(a) Attorney General. 23
(5) Department of the Treasury. 24
(a) Treasurer. 25
(6) Department of Agriculture. 26
(a) Commissioner of Agriculture. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(b) Agricultural Development Board. 1
(c) Kentucky Agricultural Finance Corporation. 2
(7) Auditor of Public Accounts. 3
II. Program cabinets headed by appointed officers: 4
(1) Justice and Public Safety Cabinet: 5
(a) Department of Kentucky State Police. 6
1. Office of Administrative Services. 7
a. Division of Operational Support. 8
b. Division of Management Services. 9
2. Office of Operations. 10
a. Division of West Troops. 11
b. Division of East Troops. 12
c. Division of Special Enforcement. 13
d. Division of Commercial Vehicle Enforcement. 14
3. Office of Technical Services. 15
a. Division of Forensic Sciences. 16
b. Division of Electronic Services. 17
c. Division of Records Management. 18
(b) Department of Criminal Justice Training. 19
(c) Department of Corrections. 20
(d) Department of Juvenile Justice. 21
(e) Office of the Secretary. 22
(f) Office of Drug Control Policy. 23
(g) Office of Legal Services. 24
(h) Office of the Kentucky State Medical Examiner. 25
(i) Parole Board. 26
(j) Kentucky State Corrections Commission. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(k) Office of Legislative and Intergovernmental Services. 1
(l) Office of Human Resource Management. 2
1. Division of Human Resource Administration. 3
2. Division of Employee Management. 4
(m) Department of Public Advocacy. 5
(n) Office of Communications. 6
1. Information Technology Services Division. 7
(o) Office of Financial Management Services. 8
1. Division of Financial Management. 9
(p) Grants Management Division. 10
(2) Energy and Environment Cabinet: 11
(a) Office of the Secretary. 12
1. Office of Legislative and Intergovernmental Affairs. 13
2. Office of Legal Services. 14
a. Legal Division I. 15
b. Legal Division II. 16
3. Office of Administrative Hearings. 17
4. Office of Communication. 18
5. Mine Safety Review Commission. 19
6. Office of Kentucky Nature Preserves. 20
7. Kentucky Public Service Commission. 21
(b) Department for Environmental Protection. 22
1. Office of the Commissioner. 23
2. Division for Air Quality. 24
3. Division of Water. 25
4. Division of Environmental Program Support. 26
5. Division of Waste Management. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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6. Division of Enforcement. 1
7. Division of Compliance Assistance. 2
(c) Department for Natural Resources. 3
1. Office of the Commissioner. 4
2. Division of Mine Permits. 5
3. Division of Mine Reclamation and Enforcement. 6
4. Division of Abandoned Mine Lands. 7
5. Division of Oil and Gas. 8
6. Division of Mine Safety. 9
7. Division of Forestry. 10
8. Division of Conservation. 11
9. Office of the Reclamation Guaranty Fund. 12
(d) Office of Energy Policy. 13
1. Division of Energy Assistance. 14
(e) Office of Administrative Services. 15
1. Division of Human Resources Management. 16
2. Division of Financial Management. 17
3. Division of Information Services. 18
(3) Public Protection Cabinet. 19
(a) Office of the Secretary. 20
1. Office of Communications and Public Outreach. 21
2. Office of Legal Services. 22
a. Insurance Legal Division. 23
b. Charitable Gaming Legal Division. 24
c. Alcoholic Beverage Control Legal Division. 25
d. Housing, Buildings and Construction Legal Division. 26
e. Financial Institutions Legal Division. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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f. Professional Licensing Legal Division. 1
3. Office of Administrative Hearings. 2
4. Office of Administrative Services. 3
a. Division of Human Resources. 4
b. Division of Fiscal Responsibility. 5
(b) Office of Claims and Appeals. 6
1. Board of Tax Appeals. 7
2. Board of Claims. 8
3. Crime Victims Compensation Board. 9
(c) Kentucky Boxing and Wrestling Commission. 10
(d) Kentucky Horse Racing Commission. 11
1. Office of Executive Director. 12
a. Division of Pari-mutuel Wagering and Compliance. 13
b. Division of Stewards. 14
c. Division of Licensing. 15
d. Division of Enforcement. 16
e. Division of Incentives and Development. 17
f. Division of Veterinary Services. 18
(e) Department of Alcoholic Beverage Control. 19
1. Division of Distilled Spirits. 20
2. Division of Malt Beverages. 21
3. Division of Enforcement. 22
(f) Department of Charitable Gaming. 23
1. Division of Licensing and Compliance. 24
2. Division of Enforcement. 25
(g) Department of Financial Institutions. 26
1. Division of Depository Institutions. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Division of Non-Depository Institutions. 1
3. Division of Securities. 2
(h) Department of Housing, Buildings and Construction. 3
1. Division of Fire Prevention. 4
2. Division of Plumbing. 5
3. Division of Heating, Ventilation, and Air Conditioning. 6
4. Division of Building Code Enforcement. 7
(i) Department of Insurance. 8
1. Division of Health and Life Insurance and Managed Care. 9
2. Division of Property and Casualty Insurance. 10
3. Division of Administrative Services. 11
4. Division of Financial Standards and Examination. 12
5. Division of Licensing. 13
6. Division of Insurance Fraud Investigation. 14
7. Division of Consumer Protection. 15
(j) Department of Professional Licensing. 16
1. Real Estate Authority. 17
(4) Transportation Cabinet: 18
(a) Department of Highways. 19
1. Office of Project Development. 20
2. Office of Project Delivery and Preservation. 21
3. Office of Highway Safety. 22
4. Highway District Offices One through Twelve. 23
(b) Department of Vehicle Regulation. 24
(c) Department of Aviation. 25
(d) Department of Rural and Municipal Aid. 26
1. Office of Local Programs. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Office of Rural and Secondary Roads. 1
(e) Office of the Secretary. 2
1. Office of Public Affairs. 3
2. Office for Civil Rights and Small Business Development. 4
3. Office of Budget and Fiscal Management. 5
4. Office of Inspector General. 6
5. Secretary's Office of Safety. 7
(f) Office of Support Services. 8
(g) Office of Transportation Delivery. 9
(h) Office of Audits. 10
(i) Office of Human Resource Management. 11
(j) Office of Information Technology. 12
(k) Office of Legal Services. 13
(5) Cabinet for Economic Development: 14
(a) Office of the Secretary. 15
1. Office of Legal Services. 16
2. Department for Business and Community Development. 17
a. Development and Retention Division - West Kentucky. 18
b. Development, Retention, and Administrative Division - 19
Central and East Kentucky. 20
c. Community and Workforce Development Division. 21
3. Department for Financial Services. 22
a. Kentucky Economic Development Finance Authority. 23
b. Finance and Personnel Division. 24
c. IT and Resource Management Division. 25
d. Compliance Division. 26
e. Program Administration Division. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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f. Bluegrass State Skills Corporation. 1
4. Office of Strategy and Public Affairs. 2
a. Marketing and Communications Division. 3
b. Research and Strategy Division. 4
5. Office of Entrepreneurship and Innovation. 5
a. Commission on Small Business Innovation and Advocacy. 6
(6) Cabinet for Health and Family Services: 7
(a) Office of the Secretary. 8
1. Office of the Ombudsman and Administrative Review. 9
2. Office of Public Affairs. 10
3. Office of Legal Services. 11
4. Office of Inspector General. 12
5. Office of Human Resource Management. 13
6. Office of Finance and Budget. 14
7. Office of Legislative and Regulatory Affairs. 15
8. Office of Administrative Services. 16
9. Office of Application Technology Services. 17
10. Office of Data Analytics. 18
11. Office of Medical Cannabis. 19
a. Division of Enforcement and Compliance. 20
b. Division of Licensure and Access. 21
(b) Department for Public Health. 22
(c) Department for Medicaid Services. 23
(d) Department for Behavioral Health, Developmental and Intellectual 24
Disabilities. 25
(e) Department for Aging and Independent Living. 26
(f) Department for Community Based Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(g) Department for Income Support. 1
(h) Department for Family Resource Centers and Volunteer Services. 2
(i) Office for Children with Special Health Care Needs. 3
(7) Finance and Administration Cabinet: 4
(a) Office of the Secretary. 5
(b) Office of the Inspector General. 6
(c) Office of Legislative and Intergovernmental Affairs. 7
(d) Office of General Counsel. 8
(e) Office of the Controller. 9
(f) Office of Administrative Services. 10
(g) Office of Policy and Audit. 11
(h) Department for Facilities and Support Services. 12
(i) Department of Revenue. 13
(j) Commonwealth Office of Technology. 14
(k) State Property and Buildings Commission. 15
(l) Office of Equal Employment Opportunity and Contract Compliance. 16
(m) Kentucky Employees Retirement Systems. 17
(n) Commonwealth Credit Union. 18
(o) State Investment Commission. 19
(p) Kentucky Housing Corporation. 20
(q) Kentucky Local Correctional Facilities Construction Authority. 21
(r) Kentucky Turnpike Authority. 22
(s) Historic Properties Advisory Commission. 23
(t) Kentucky Higher Education Assistance Authority. 24
(u) Kentucky River Authority. 25
(v) Kentucky Teachers' Retirement System Board of Trustees. 26
(w) Executive Branch Ethics Commission. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(x) Office of Fleet Management. 1
(8) Tourism, Arts and Heritage Cabinet: 2
(a) Kentucky Department of Tourism. 3
1. Division of Tourism Services. 4
2. Division of Marketing and Administration. 5
3. Division of Communications and Promotions. 6
(b) Kentucky Department of Parks. 7
1. Division of Information Technology. 8
2. Division of Human Resources. 9
3. Division of Financial Operations. 10
4. Division of Purchasing. 11
5. Division of Facilities. 12
6. Division of Park Operations. 13
7. Division of Sales, Marketing, and Customer Service. 14
8. Division of Engagement. 15
9. Division of Food Services. 16
10. Division of Rangers. 17
(c) Department of Fish and Wildlife Resources. 18
1. Division of Law Enforcement. 19
2. Division of Administrative Services. 20
3. Division of Engineering, Infrastructure, and Technology. 21
4. Division of Fisheries. 22
5. Division of Information and Education. 23
6. Division of Wildlife. 24
7. Division of Marketing. 25
(d) Kentucky Horse Park. 26
1. Division of Support Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Division of Buildings and Grounds. 1
3. Division of Operational Services. 2
(e) Kentucky State Fair Board. 3
1. Office of Administrative and Information Technology Services. 4
2. Office of Human Resources and Access Control. 5
3. Division of Expositions. 6
4. Division of Kentucky Exposition Center Operations. 7
5. Division of Kentucky International Convention Center. 8
6. Division of Public Relations and Media. 9
7. Division of Venue Services. 10
8. Division of Personnel Management and Staff Development. 11
9. Division of Sales. 12
10. Division of Security and Traffic Control. 13
11. Division of Information Technology. 14
12. Division of the Louisville Arena. 15
13. Division of Fiscal and Contract Management. 16
14. Division of Access Control. 17
(f) Office of the Secretary. 18
1. Office of Finance. 19
2. Office of Government Relations and Administration. 20
(g) Office of Legal Affairs. 21
(h) Office of Human Resources. 22
(i) Office of Public Affairs and Constituent Services. 23
(j) Office of Arts and Cultural Heritage. 24
(k) Kentucky African-American Heritage Commission. 25
(l) Kentucky Foundation for the Arts. 26
(m) Kentucky Humanities Council. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(n) Kentucky Heritage Council. 1
(o) Kentucky Arts Council. 2
(p) Kentucky Historical Society. 3
1. Division of Museums. 4
2. Division of Oral History and Educational Outreach. 5
3. Division of Research and Publications. 6
4. Division of Administration. 7
(q) Kentucky Center for the Arts. 8
1. Division of Governor's School for the Arts. 9
(r) Kentucky Artisans Center at Berea. 10
(s) Northern Kentucky Convention Center. 11
(t) Eastern Kentucky Exposition Center. 12
(9) Personnel Cabinet: 13
(a) Office of the Secretary. 14
(b) Department of Human Resources Administration. 15
(c) Office of Employee Relations. 16
(d) Kentucky Public Employees Deferred Compensation Authority. 17
(e) Office of Administrative Services. 18
(f) Office of Legal Services. 19
(g) Governmental Services Center. 20
(h) Department of Employee Insurance. 21
(i) Office of Diversity, Equality, and Training. 22
(j) Office of Public Affairs. 23
(10) Education and Labor Cabinet: 24
(a) Office of the Secretary. 25
1. Office of Legal Services. 26
a. Workplace Standards Legal Division. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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b. Workers' Claims Legal Division. 1
c. Workforce Development Legal Division. 2
2. Office of Administrative Services. 3
a. Division of Human Resources Management. 4
b. Division of Fiscal Management. 5
c. Division of Operations and Support Services. 6
3. Office of Technology Services. 7
a. Division of Information Technology Services. 8
4. Office of Policy and Audit. 9
5. Office of Legislative Services. 10
6. Office of Communications. 11
7. Office of the Kentucky Center for Statistics. 12
8. Board of the Kentucky Center for Statistics. 13
9. Early Childhood Advisory Council. 14
10. Governors' Scholars Program. 15
11. Governor's School for Entrepreneurs Program. 16
12. Foundation for Adult Education. 17
(b) Department of Education. 18
1. Kentucky Board of Education. 19
2. Kentucky Technical Education Personnel Board. 20
3. Education Professional Standards Board. 21
(c) Board of Directors for the Center for School Safety. 22
(d) Department for Libraries and Archives. 23
(e) Kentucky Environmental Education Council. 24
(f) Kentucky Educational Television. 25
(g) Kentucky Commission on the Deaf and Hard of Hearing. 26
(h) Department of Workforce Development. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Career Development Office. 1
2. Office of Vocational Rehabilitation. 2
a. Division of Kentucky Business Enterprise. 3
b. Division of the Carl D. Perkins Vocational Training Center. 4
c. Division of Blind Services. 5
d. Division of Field Services. 6
e. Statewide Council for Vocational Rehabilitation. 7
f. Employment First Council. 8
3. Office of Employer and Apprenticeship Services. 9
a. Division of Apprenticeship. 10
4. Kentucky Apprenticeship Council. 11
5. Division of Technical Assistance. 12
6. Office of Adult Education. 13
7. Office of the Kentucky Workforce Innovation Board. 14
(i) Department of Workplace Standards. 15
1. Division of Occupational Safety and Health Compliance. 16
2. Division of Occupational Safety and Health Education and 17
Training. 18
3. Division of Wages and Hours. 19
(j) Office of Unemployment Insurance. 20
(k) Kentucky Unemployment Insurance Commission. 21
(l) Department of Workers' Claims. 22
1. Division of Workers' Compensation Funds. 23
2. Office of Administrative Law Judges. 24
3. Division of Claims Processing. 25
4. Division of Security and Compliance. 26
5. Division of Specialist and Medical Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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6. Workers' Compensation Board. 1
(m) Workers' Compensation Funding Commission. 2
(n) Kentucky Occupational Safety and Health Standards Board. 3
(o) State Labor Relations Board. 4
(p) Employers' Mutual Insurance Authority. 5
(q) Kentucky Occupational Safety and Health Review Commission. 6
(r) Workers' Compensation Nominating Committee. 7
(s) Office of Educational Programs. 8
(t) Kentucky Workforce Innovation Board. 9
(u) Kentucky Commission on Proprietary Education. 10
(v) Kentucky Work Ready Skills Advisory Committee. 11
(w) Kentucky Geographic Education Board. 12
III. Other departments headed by appointed officers: 13
(1) Council on Postsecondary Education. 14
(2) Department of Military Affairs. 15
(3) Department for Local Government. 16
(4) Kentucky Commission on Human Rights. 17
(5) Kentucky Commission on Women. 18
(6) Department of Veterans' Affairs. 19
(7) Kentucky Commission on Military Affairs. 20
(8) Office of Minority Empowerment. 21
(9) Governor's Council on Wellness and Physical Activity. 22
(10) Kentucky Communications Network Authority. 23
Section 18. KRS 12.020 (Effective between July 1, 2024, and July 1, 2025) is 24
amended to read as follows: 25
Departments, program cabinets and their departments, and the respective major 26
administrative bodies that they include are enumerated in this section. It is not intended 27 UNOFFICIAL COPY 24 RS HB 829/EN
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that this enumeration of administrative bodies be all-inclusive. Every authority, board, 1
bureau, interstate compact, commission, committee, conference, council, office, or any 2
other form of organization shall be included in or attached to the department or program 3
cabinet in which they are included or to which they are attached by statute or statutorily 4
authorized executive order; except in the case of the Personnel Board and where the 5
attached department or administrative body is headed by a constitutionally elected 6
officer, the attachment shall be solely for the purpose of dissemination of information and 7
coordination of activities and shall not include any authority over the functions, 8
personnel, funds, equipment, facilities, or records of the department or administrative 9
body. 10
I. Cabinet for General Government - Departments headed by elected officers: 11
(1) The Governor. 12
(2) Lieutenant Governor. 13
(3) Department of State. 14
(a) Secretary of State. 15
(b) Board of Elections. 16
(c) Registry of Election Finance. 17
(4) Department of Law. 18
(a) Attorney General. 19
(5) Department of the Treasury. 20
(a) Treasurer. 21
(6) Department of Agriculture. 22
(a) Commissioner of Agriculture. 23
(b) Agricultural Development Board. 24
(c) Kentucky Agricultural Finance Corporation. 25
(7) Auditor of Public Accounts. 26
(a) Commonwealth Office of the Ombudsman. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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II. Program cabinets headed by appointed officers: 1
(1) Justice and Public Safety Cabinet: 2
(a) Department of Kentucky State Police. 3
1. Office of Administrative Services. 4
a. Division of Operational Support. 5
b. Division of Management Services. 6
2. Office of Operations. 7
a. Division of West Troops. 8
b. Division of East Troops. 9
c. Division of Special Enforcement. 10
d. Division of Commercial Vehicle Enforcement. 11
3. Office of Technical Services. 12
a. Division of Forensic Sciences. 13
b. Division of Electronic Services. 14
c. Division of Records Management. 15
(b) Department of Criminal Justice Training. 16
(c) Department of Corrections. 17
(d) Department of Juvenile Justice. 18
(e) Office of the Secretary. 19
(f) Office of Drug Control Policy. 20
(g) Office of Legal Services. 21
(h) Office of the Kentucky State Medical Examiner. 22
(i) Parole Board. 23
(j) Kentucky State Corrections Commission. 24
(k) Office of Legislative and Intergovernmental Services. 25
(l) Office of Human Resource Management. 26
1. Division of Human Resource Administration. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Division of Employee Management. 1
(m) Department of Public Advocacy. 2
(n) Office of Communications. 3
1. Information Technology Services Division. 4
(o) Office of Financial Management Services. 5
1. Division of Financial Management. 6
(p) Grants Management Division. 7
(2) Energy and Environment Cabinet: 8
(a) Office of the Secretary. 9
1. Office of Legislative and Intergovernmental Affairs. 10
2. Office of Legal Services. 11
a. Legal Division I. 12
b. Legal Division II. 13
3. Office of Administrative Hearings. 14
4. Office of Communication. 15
5. Mine Safety Review Commission. 16
6. Office of Kentucky Nature Preserves. 17
7. Kentucky Public Service Commission. 18
(b) Department for Environmental Protection. 19
1. Office of the Commissioner. 20
2. Division for Air Quality. 21
3. Division of Water. 22
4. Division of Environmental Program Support. 23
5. Division of Waste Management. 24
6. Division of Enforcement. 25
7. Division of Compliance Assistance. 26
(c) Department for Natural Resources. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Office of the Commissioner. 1
2. Division of Mine Permits. 2
3. Division of Mine Reclamation and Enforcement. 3
4. Division of Abandoned Mine Lands. 4
5. Division of Oil and Gas. 5
6. Division of Mine Safety. 6
7. Division of Forestry. 7
8. Division of Conservation. 8
9. Office of the Reclamation Guaranty Fund. 9
(d) Office of Energy Policy. 10
1. Division of Energy Assistance. 11
(e) Office of Administrative Services. 12
1. Division of Human Resources Management. 13
2. Division of Financial Management. 14
3. Division of Information Services. 15
(3) Public Protection Cabinet. 16
(a) Office of the Secretary. 17
1. Office of Communications and Public Outreach. 18
2. Office of Legal Services. 19
a. Insurance Legal Division. 20
b. Charitable Gaming Legal Division. 21
c. Alcoholic Beverage Control Legal Division. 22
d. Housing, Buildings and Construction Legal Division. 23
e. Financial Institutions Legal Division. 24
f. Professional Licensing Legal Division. 25
3. Office of Administrative Hearings. 26
4. Office of Administrative Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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a. Division of Human Resources. 1
b. Division of Fiscal Responsibility. 2
(b) Office of Claims and Appeals. 3
1. Board of Tax Appeals. 4
2. Board of Claims. 5
3. Crime Victims Compensation Board. 6
(c) Kentucky Boxing and Wrestling Commission. 7
(d) Kentucky Horse Racing Commission. 8
1. Office of Executive Director. 9
a. Division of Pari-mutuel Wagering and Compliance. 10
b. Division of Stewards. 11
c. Division of Licensing. 12
d. Division of Enforcement. 13
e. Division of Incentives and Development. 14
f. Division of Veterinary Services. 15
(e) Department of Alcoholic Beverage Control. 16
1. Division of Distilled Spirits. 17
2. Division of Malt Beverages. 18
3. Division of Enforcement. 19
(f) Department of Charitable Gaming. 20
1. Division of Licensing and Compliance. 21
2. Division of Enforcement. 22
(g) Department of Financial Institutions. 23
1. Division of Depository Institutions. 24
2. Division of Non-Depository Institutions. 25
3. Division of Securities. 26
(h) Department of Housing, Buildings and Construction. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Division of Fire Prevention. 1
2. Division of Plumbing. 2
3. Division of Heating, Ventilation, and Air Conditioning. 3
4. Division of Building Code Enforcement. 4
(i) Department of Insurance. 5
1. Division of Health and Life Insurance and Managed Care. 6
2. Division of Property and Casualty Insurance. 7
3. Division of Administrative Services. 8
4. Division of Financial Standards and Examination. 9
5. Division of Licensing. 10
6. Division of Insurance Fraud Investigation. 11
7. Division of Consumer Protection. 12
(j) Department of Professional Licensing. 13
1. Real Estate Authority. 14
(4) Transportation Cabinet: 15
(a) Department of Highways. 16
1. Office of Project Development. 17
2. Office of Project Delivery and Preservation. 18
3. Office of Highway Safety. 19
4. Highway District Offices One through Twelve. 20
(b) Department of Vehicle Regulation. 21
(c) Department of Aviation. 22
(d) Department of Rural and Municipal Aid. 23
1. Office of Local Programs. 24
2. Office of Rural and Secondary Roads. 25
(e) Office of the Secretary. 26
1. Office of Public Affairs. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Office for Civil Rights and Small Business Development. 1
3. Office of Budget and Fiscal Management. 2
4. Office of Inspector General. 3
5. Secretary's Office of Safety. 4
(f) Office of Support Services. 5
(g) Office of Transportation Delivery. 6
(h) Office of Audits. 7
(i) Office of Human Resource Management. 8
(j) Office of Information Technology. 9
(k) Office of Legal Services. 10
(5) Cabinet for Economic Development: 11
(a) Office of the Secretary. 12
1. Office of Legal Services. 13
2. Department for Business and Community Development. 14
a. Development and Retention Division – West Kentucky. 15
b. Development, Retention, and Administrative Division – 16
Central and East Kentucky. 17
c. Community and Workforce Development Division. 18
3. Department for Financial Services. 19
a. Kentucky Economic Development Finance Authority. 20
b. Finance and Personnel Division. 21
c. IT and Resource Management Division. 22
d. Compliance Division. 23
e. Program Administration Division. 24
f. Bluegrass State Skills Corporation. 25
4. Office of Strategy and Public Affairs. 26
a. Marketing and Communications Division. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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b. Research and Strategy Division. 1
5. Office of Entrepreneurship and Innovation. 2
a. Commission on Small Business Innovation and Advocacy. 3
(6) Cabinet for Health and Family Services: 4
(a) Office of the Secretary. 5
1. Office of Public Affairs. 6
2. Office of Legal Services. 7
3. Office of Inspector General. 8
4. Office of Human Resource Management. 9
5. Office of Finance and Budget. 10
6. Office of Legislative and Regulatory Affairs. 11
7. Office of Administrative Services. 12
8. Office of Application Technology Services. 13
9. Office of Data Analytics. 14
10. Office of Medical Cannabis. 15
a. Division of Enforcement and Compliance. 16
b. Division of Licensure and Access. 17
(b) Department for Public Health. 18
(c) Department for Medicaid Services. 19
(d) Department for Behavioral Health, Developmental and Intellectual 20
Disabilities. 21
(e) Department for Aging and Independent Living. 22
(f) Department for Community Based Services. 23
(g) Department for Income Support. 24
(h) Department for Family Resource Centers and Volunteer Services. 25
(7) Finance and Administration Cabinet: 26
(a) Office of the Secretary. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(b) Office of the Inspector General. 1
(c) Office of Legislative and Intergovernmental Affairs. 2
(d) Office of General Counsel. 3
(e) Office of the Controller. 4
(f) Office of Administrative Services. 5
(g) Office of Policy and Audit. 6
(h) Department for Facilities and Support Services. 7
(i) Department of Revenue. 8
(j) Commonwealth Office of Technology. 9
(k) State Property and Buildings Commission. 10
(l) Office of Equal Employment Opportunity and Contract Compliance. 11
(m) Kentucky Employees Retirement Systems. 12
(n) Commonwealth Credit Union. 13
(o) State Investment Commission. 14
(p) Kentucky Housing Corporation. 15
(q) Kentucky Local Correctional Facilities Construction Authority. 16
(r) Kentucky Turnpike Authority. 17
(s) Historic Properties Advisory Commission. 18
(t) Kentucky Higher Education Assistance Authority. 19
(u) Kentucky River Authority. 20
(v) Kentucky Teachers' Retirement System Board of Trustees. 21
(w) Executive Branch Ethics Commission. 22
(x) Office of Fleet Management. 23
(8) Tourism, Arts and Heritage Cabinet: 24
(a) Kentucky Department of Tourism. 25
1. Division of Tourism Services. 26
2. Division of Marketing and Administration. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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3. Division of Communications and Promotions. 1
(b) Kentucky Department of Parks. 2
1. Division of Information Technology. 3
2. Division of Human Resources. 4
3. Division of Financial Operations. 5
4. Division of Purchasing. 6
5. Division of Facilities. 7
6. Division of Park Operations. 8
7. Division of Sales, Marketing, and Customer Service. 9
8. Division of Engagement. 10
9. Division of Food Services. 11
10. Division of Rangers. 12
(c) Department of Fish and Wildlife Resources. 13
1. Division of Law Enforcement. 14
2. Division of Administrative Services. 15
3. Division of Engineering, Infrastructure, and Technology. 16
4. Division of Fisheries. 17
5. Division of Information and Education. 18
6. Division of Wildlife. 19
7. Division of Marketing. 20
(d) Kentucky Horse Park. 21
1. Division of Support Services. 22
2. Division of Buildings and Grounds. 23
3. Division of Operational Services. 24
(e) Kentucky State Fair Board. 25
1. Office of Administrative and Information Technology Services. 26
2. Office of Human Resources and Access Control. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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3. Division of Expositions. 1
4. Division of Kentucky Exposition Center Operations. 2
5. Division of Kentucky International Convention Center. 3
6. Division of Public Relations and Media. 4
7. Division of Venue Services. 5
8. Division of Personnel Management and Staff Development. 6
9. Division of Sales. 7
10. Division of Security and Traffic Control. 8
11. Division of Information Technology. 9
12. Division of the Louisville Arena. 10
13. Division of Fiscal and Contract Management. 11
14. Division of Access Control. 12
(f) Office of the Secretary. 13
1. Office of Finance. 14
2. Office of Government Relations and Administration. 15
(g) Office of Legal Affairs. 16
(h) Office of Human Resources. 17
(i) Office of Public Affairs and Constituent Services. 18
(j) Office of Arts and Cultural Heritage. 19
(k) Kentucky African-American Heritage Commission. 20
(l) Kentucky Foundation for the Arts. 21
(m) Kentucky Humanities Council. 22
(n) Kentucky Heritage Council. 23
(o) Kentucky Arts Council. 24
(p) Kentucky Historical Society. 25
1. Division of Museums. 26
2. Division of Oral History and Educational Outreach. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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3. Division of Research and Publications. 1
4. Division of Administration. 2
(q) Kentucky Center for the Arts. 3
1. Division of Governor's School for the Arts. 4
(r) Kentucky Artisans Center at Berea. 5
(s) Northern Kentucky Convention Center. 6
(t) Eastern Kentucky Exposition Center. 7
(9) Personnel Cabinet: 8
(a) Office of the Secretary. 9
(b) Department of Human Resources Administration. 10
(c) Office of Employee Relations. 11
(d) Kentucky Public Employees Deferred Compensation Authority. 12
(e) Office of Administrative Services. 13
(f) Office of Legal Services. 14
(g) Governmental Services Center. 15
(h) Department of Employee Insurance. 16
(i) Office of Diversity, Equality, and Training. 17
(j) Office of Public Affairs. 18
(10) Education and Labor Cabinet: 19
(a) Office of the Secretary. 20
1. Office of Legal Services. 21
a. Workplace Standards Legal Division. 22
b. Workers' Claims Legal Division. 23
c. Workforce Development Legal Division. 24
2. Office of Administrative Services. 25
a. Division of Human Resources Management. 26
b. Division of Fiscal Management. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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c. Division of Operations and Support Services. 1
3. Office of Technology Services. 2
a. Division of Information Technology Services. 3
4. Office of Policy and Audit. 4
5. Office of Legislative Services. 5
6. Office of Communications. 6
7. Office of the Kentucky Center for Statistics. 7
8. Board of the Kentucky Center for Statistics. 8
9. Early Childhood Advisory Council. 9
10. Governors' Scholars Program. 10
11. Governor's School for Entrepreneurs Program. 11
12. Foundation for Adult Education. 12
(b) Department of Education. 13
1. Kentucky Board of Education. 14
2. Kentucky Technical Education Personnel Board. 15
3. Education Professional Standards Board. 16
(c) Board of Directors for the Center for School Safety. 17
(d) Department for Libraries and Archives. 18
(e) Kentucky Environmental Education Council. 19
(f) Kentucky Educational Television. 20
(g) Kentucky Commission on the Deaf and Hard of Hearing. 21
(h) Department of Workforce Development. 22
1. Career Development Office. 23
2. Office of Vocational Rehabilitation. 24
a. Division of Kentucky Business Enterprise. 25
b. Division of the Carl D. Perkins Vocational Training Center. 26
c. Division of Blind Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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d. Division of Field Services. 1
e. Statewide Council for Vocational Rehabilitation. 2
f. Employment First Council. 3
3. Office of Employer and Apprenticeship Services. 4
a. Division of Apprenticeship. 5
4. Kentucky Apprenticeship Council. 6
5. Division of Technical Assistance. 7
6. Office of Adult Education. 8
7. Office of the Kentucky Workforce Innovation Board. 9
(i) Department of Workplace Standards. 10
1. Division of Occupational Safety and Health Compliance. 11
2. Division of Occupational Safety and Health Education and 12
Training. 13
3. Division of Wages and Hours. 14
(j) Office of Unemployment Insurance. 15
(k) Kentucky Unemployment Insurance Commission. 16
(l) Department of Workers' Claims. 17
1. Division of Workers' Compensation Funds. 18
2. Office of Administrative Law Judges. 19
3. Division of Claims Processing. 20
4. Division of Security and Compliance. 21
5. Division of Specialist and Medical Services. 22
6. Workers' Compensation Board. 23
(m) Workers' Compensation Funding Commission. 24
(n) Kentucky Occupational Safety and Health Standards Board. 25
(o) State Labor Relations Board. 26
(p) Employers' Mutual Insurance Authority. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(q) Kentucky Occupational Safety and Health Review Commission. 1
(r) Workers' Compensation Nominating Committee. 2
(s) Office of Educational Programs. 3
(t) Kentucky Workforce Innovation Board. 4
(u) Kentucky Commission on Proprietary Education. 5
(v) Kentucky Work Ready Skills Advisory Committee. 6
(w) Kentucky Geographic Education Board. 7
(x) Disability Determination Services Program. 8
III. Other departments headed by appointed officers: 9
(1) Council on Postsecondary Education. 10
(2) Department of Military Affairs. 11
(3) Department for Local Government. 12
(4) Kentucky Commission on Human Rights. 13
(5) Kentucky Commission on Women. 14
(6) Department of Veterans' Affairs. 15
(7) Kentucky Commission on Military Affairs. 16
(8) Office of Minority Empowerment. 17
(9) Governor's Council on Wellness and Physical Activity. 18
(10) Kentucky Communications Network Authority. 19
Section 19. KRS 12.020 (Effective July 1, 2025) is amended to read as follows: 20
Departments, program cabinets and their departments, and the respective major 21
administrative bodies that they include are enumerated in this section. It is not intended 22
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 23
bureau, interstate compact, commission, committee, conference, council, office, or any 24
other form of organization shall be included in or attached to the department or program 25
cabinet in which they are included or to which they are attached by statute or statutorily 26
authorized executive order; except in the case of the Personnel Board and where the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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attached department or administrative body is headed by a constitutionally elected 1
officer, the attachment shall be solely for the purpose of dissemination of information and 2
coordination of activities and shall not include any authority over the functions, 3
personnel, funds, equipment, facilities, or records of the department or administrative 4
body. 5
I. Cabinet for General Government - Departments headed by elected officers: 6
(1) The Governor. 7
(2) Lieutenant Governor. 8
(3) Department of State. 9
(a) Secretary of State. 10
(b) Board of Elections. 11
(c) Registry of Election Finance. 12
(4) Department of Law. 13
(a) Attorney General. 14
(5) Department of the Treasury. 15
(a) Treasurer. 16
(6) Department of Agriculture. 17
(a) Commissioner of Agriculture. 18
(b) Agricultural Development Board. 19
(c) Kentucky Agricultural Finance Corporation. 20
(7) Auditor of Public Accounts. 21
(a) Commonwealth Office of the Ombudsman. 22
II. Program cabinets headed by appointed officers: 23
(1) Justice and Public Safety Cabinet: 24
(a) Department of Kentucky State Police. 25
1. Office of Administrative Services. 26
a. Division of Operational Support. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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b. Division of Management Services. 1
2. Office of Operations. 2
a. Division of West Troops. 3
b. Division of East Troops. 4
c. Division of Special Enforcement. 5
d. Division of Commercial Vehicle Enforcement. 6
3. Office of Technical Services. 7
a. Division of Forensic Sciences. 8
b. Division of Electronic Services. 9
c. Division of Records Management. 10
(b) Department of Criminal Justice Training. 11
(c) Department of Corrections. 12
(d) Department of Juvenile Justice. 13
(e) Office of the Secretary. 14
(f) Office of Drug Control Policy. 15
(g) Office of Legal Services. 16
(h) Office of the Kentucky State Medical Examiner. 17
(i) Parole Board. 18
(j) Kentucky State Corrections Commission. 19
(k) Office of Legislative and Intergovernmental Services. 20
(l) Office of Human Resource Management. 21
1. Division of Human Resource Administration. 22
2. Division of Employee Management. 23
(m) Department of Public Advocacy. 24
(n) Office of Communications. 25
1. Information Technology Services Division. 26
(o) Office of Financial Management Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Division of Financial Management. 1
(p) Grants Management Division. 2
(2) Energy and Environment Cabinet: 3
(a) Office of the Secretary. 4
1. Office of Legislative and Intergovernmental Affairs. 5
2. Office of Legal Services. 6
a. Legal Division I. 7
b. Legal Division II. 8
3. Office of Administrative Hearings. 9
4. Office of Communication. 10
5. Mine Safety Review Commission. 11
6. Office of Kentucky Nature Preserves. 12
7. Kentucky Public Service Commission. 13
(b) Department for Environmental Protection. 14
1. Office of the Commissioner. 15
2. Division for Air Quality. 16
3. Division of Water. 17
4. Division of Environmental Program Support. 18
5. Division of Waste Management. 19
6. Division of Enforcement. 20
7. Division of Compliance Assistance. 21
(c) Department for Natural Resources. 22
1. Office of the Commissioner. 23
2. Division of Mine Permits. 24
3. Division of Mine Reclamation and Enforcement. 25
4. Division of Abandoned Mine Lands. 26
5. Division of Oil and Gas. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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6. Division of Mine Safety. 1
7. Division of Forestry. 2
8. Division of Conservation. 3
9. Office of the Reclamation Guaranty Fund. 4
(d) Office of Energy Policy. 5
1. Division of Energy Assistance. 6
(e) Office of Administrative Services. 7
1. Division of Human Resources Management. 8
2. Division of Financial Management. 9
3. Division of Information Services. 10
(3) Public Protection Cabinet. 11
(a) Office of the Secretary. 12
1. Office of Communications and Public Outreach. 13
2. Office of Legal Services. 14
a. Insurance Legal Division. 15
b. Charitable Gaming Legal Division. 16
c. Alcoholic Beverage Control Legal Division. 17
d. Housing, Buildings and Construction Legal Division. 18
e. Financial Institutions Legal Division. 19
f. Professional Licensing Legal Division. 20
3. Office of Administrative Hearings. 21
4. Office of Administrative Services. 22
a. Division of Human Resources. 23
b. Division of Fiscal Responsibility. 24
(b) Office of Claims and Appeals. 25
1. Board of Tax Appeals. 26
2. Board of Claims. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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3. Crime Victims Compensation Board. 1
(c) Kentucky Boxing and Wrestling Commission. 2
(d) Kentucky Horse Racing Commission. 3
1. Office of Executive Director. 4
a. Division of Pari-mutuel Wagering and Compliance. 5
b. Division of Stewards. 6
c. Division of Licensing. 7
d. Division of Enforcement. 8
e. Division of Incentives and Development. 9
f. Division of Veterinary Services. 10
(e) Department of Alcoholic Beverage Control. 11
1. Division of Distilled Spirits. 12
2. Division of Malt Beverages. 13
3. Division of Enforcement. 14
(f) Department of Charitable Gaming. 15
1. Division of Licensing and Compliance. 16
2. Division of Enforcement. 17
(g) Department of Financial Institutions. 18
1. Division of Depository Institutions. 19
2. Division of Non-Depository Institutions. 20
3. Division of Securities. 21
(h) Department of Housing, Buildings and Construction. 22
1. Division of Fire Prevention. 23
2. Division of Plumbing. 24
3. Division of Heating, Ventilation, and Air Conditioning. 25
4. Division of Building Code Enforcement. 26
(i) Department of Insurance. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Division of Health and Life Insurance and Managed Care. 1
2. Division of Property and Casualty Insurance. 2
3. Division of Administrative Services. 3
4. Division of Financial Standards and Examination. 4
5. Division of Licensing. 5
6. Division of Insurance Fraud Investigation. 6
7. Division of Consumer Protection. 7
(j) Department of Professional Licensing. 8
1. Real Estate Authority. 9
(4) Transportation Cabinet: 10
(a) Department of Highways. 11
1. Office of Project Development. 12
2. Office of Project Delivery and Preservation. 13
3. Office of Highway Safety. 14
4. Highway District Offices One through Twelve. 15
(b) Department of Vehicle Regulation. 16
(c) Department of Aviation. 17
(d) Department of Rural and Municipal Aid. 18
1. Office of Local Programs. 19
2. Office of Rural and Secondary Roads. 20
(e) Office of the Secretary. 21
1. Office of Public Affairs. 22
2. Office for Civil Rights and Small Business Development. 23
3. Office of Budget and Fiscal Management. 24
4. Office of Inspector General. 25
5. Secretary's Office of Safety. 26
(f) Office of Support Services. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(g) Office of Transportation Delivery. 1
(h) Office of Audits. 2
(i) Office of Human Resource Management. 3
(j) Office of Information Technology. 4
(k) Office of Legal Services. 5
(5) Cabinet for Economic Development: 6
(a) Office of the Secretary. 7
1. Office of Legal Services. 8
2. Department for Business and Community Development. 9
a. Development and Retention Division – West Kentucky. 10
b. Development, Retention, and Administrative Division – 11
Central and East Kentucky. 12
c. Community and Workforce Development Division. 13
3. Department for Financial Services. 14
a. Kentucky Economic Development Finance Authority. 15
b. Finance and Personnel Division. 16
c. IT and Resource Management Division. 17
d. Compliance Division. 18
e. Program Administration Division. 19
f. Bluegrass State Skills Corporation. 20
4. Office of Strategy and Public Affairs. 21
a. Marketing and Communications Division. 22
b. Research and Strategy Division. 23
5. Office of Entrepreneurship and Innovation. 24
a. Commission on Small Business Innovation and Advocacy. 25
(6) Cabinet for Health and Family Services: 26
(a) Office of the Secretary. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Office of Public Affairs. 1
2. Office of Legal Services. 2
3. Office of Inspector General. 3
4. Office of Human Resource Management. 4
5. Office of Finance and Budget. 5
6. Office of Legislative and Regulatory Affairs. 6
7. Office of Administrative Services. 7
8. Office of Application Technology Services. 8
9. Office of Data Analytics. 9
10. Office of Medical Cannabis. 10
a. Division of Enforcement and Compliance. 11
b. Division of Licensure and Access. 12
(b) Department for Public Health. 13
(c) Department for Medicaid Services. 14
(d) Department for Behavioral Health, Developmental and Intellectual 15
Disabilities. 16
(e) Department for Aging and Independent Living. 17
(f) Department for Community Based Services. 18
(g) Department for Family Resource Centers and Volunteer Services. 19
(7) Finance and Administration Cabinet: 20
(a) Office of the Secretary. 21
(b) Office of the Inspector General. 22
(c) Office of Legislative and Intergovernmental Affairs. 23
(d) Office of General Counsel. 24
(e) Office of the Controller. 25
(f) Office of Administrative Services. 26
(g) Office of Policy and Audit. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(h) Department for Facilities and Support Services. 1
(i) Department of Revenue. 2
(j) Commonwealth Office of Technology. 3
(k) State Property and Buildings Commission. 4
(l) Office of Equal Employment Opportunity and Contract Compliance. 5
(m) Kentucky Employees Retirement Systems. 6
(n) Commonwealth Credit Union. 7
(o) State Investment Commission. 8
(p) Kentucky Housing Corporation. 9
(q) Kentucky Local Correctional Facilities Construction Authority. 10
(r) Kentucky Turnpike Authority. 11
(s) Historic Properties Advisory Commission. 12
(t) Kentucky Higher Education Assistance Authority. 13
(u) Kentucky River Authority. 14
(v) Kentucky Teachers' Retirement System Board of Trustees. 15
(w) Executive Branch Ethics Commission. 16
(x) Office of Fleet Management. 17
(8) Tourism, Arts and Heritage Cabinet: 18
(a) Kentucky Department of Tourism. 19
1. Division of Tourism Services. 20
2. Division of Marketing and Administration. 21
3. Division of Communications and Promotions. 22
(b) Kentucky Department of Parks. 23
1. Division of Information Technology. 24
2. Division of Human Resources. 25
3. Division of Financial Operations. 26
4. Division of Purchasing. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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5. Division of Facilities. 1
6. Division of Park Operations. 2
7. Division of Sales, Marketing, and Customer Service. 3
8. Division of Engagement. 4
9. Division of Food Services. 5
10. Division of Rangers. 6
(c) Department of Fish and Wildlife Resources. 7
1. Division of Law Enforcement. 8
2. Division of Administrative Services. 9
3. Division of Engineering, Infrastructure, and Technology. 10
4. Division of Fisheries. 11
5. Division of Information and Education. 12
6. Division of Wildlife. 13
7. Division of Marketing. 14
(d) Kentucky Horse Park. 15
1. Division of Support Services. 16
2. Division of Buildings and Grounds. 17
3. Division of Operational Services. 18
(e) Kentucky State Fair Board. 19
1. Office of Administrative and Information Technology Services. 20
2. Office of Human Resources and Access Control. 21
3. Division of Expositions. 22
4. Division of Kentucky Exposition Center Operations. 23
5. Division of Kentucky International Convention Center. 24
6. Division of Public Relations and Media. 25
7. Division of Venue Services. 26
8. Division of Personnel Management and Staff Development. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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9. Division of Sales. 1
10. Division of Security and Traffic Control. 2
11. Division of Information Technology. 3
12. Division of the Louisville Arena. 4
13. Division of Fiscal and Contract Management. 5
14. Division of Access Control. 6
(f) Office of the Secretary. 7
1. Office of Finance. 8
2. Office of Government Relations and Administration. 9
(g) Office of Legal Affairs. 10
(h) Office of Human Resources. 11
(i) Office of Public Affairs and Constituent Services. 12
(j) Office of Arts and Cultural Heritage. 13
(k) Kentucky African-American Heritage Commission. 14
(l) Kentucky Foundation for the Arts. 15
(m) Kentucky Humanities Council. 16
(n) Kentucky Heritage Council. 17
(o) Kentucky Arts Council. 18
(p) Kentucky Historical Society. 19
1. Division of Museums. 20
2. Division of Oral History and Educational Outreach. 21
3. Division of Research and Publications. 22
4. Division of Administration. 23
(q) Kentucky Center for the Arts. 24
1. Division of Governor's School for the Arts. 25
(r) Kentucky Artisans Center at Berea. 26
(s) Northern Kentucky Convention Center. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(t) Eastern Kentucky Exposition Center. 1
(9) Personnel Cabinet: 2
(a) Office of the Secretary. 3
(b) Department of Human Resources Administration. 4
(c) Office of Employee Relations. 5
(d) Kentucky Public Employees Deferred Compensation Authority. 6
(e) Office of Administrative Services. 7
(f) Office of Legal Services. 8
(g) Governmental Services Center. 9
(h) Department of Employee Insurance. 10
(i) Office of Diversity, Equality, and Training. 11
(j) Office of Public Affairs. 12
(10) Education and Labor Cabinet: 13
(a) Office of the Secretary. 14
1. Office of Legal Services. 15
a. Workplace Standards Legal Division. 16
b. Workers' Claims Legal Division. 17
c. Workforce Development Legal Division. 18
2. Office of Administrative Services. 19
a. Division of Human Resources Management. 20
b. Division of Fiscal Management. 21
c. Division of Operations and Support Services. 22
3. Office of Technology Services. 23
a. Division of Information Technology Services. 24
4. Office of Policy and Audit. 25
5. Office of Legislative Services. 26
6. Office of Communications. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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7. Office of the Kentucky Center for Statistics. 1
8. Board of the Kentucky Center for Statistics. 2
9. Early Childhood Advisory Council. 3
10. Governors' Scholars Program. 4
11. Governor's School for Entrepreneurs Program. 5
12. Foundation for Adult Education. 6
(b) Department of Education. 7
1. Kentucky Board of Education. 8
2. Kentucky Technical Education Personnel Board. 9
3. Education Professional Standards Board. 10
(c) Board of Directors for the Center for School Safety. 11
(d) Department for Libraries and Archives. 12
(e) Kentucky Environmental Education Council. 13
(f) Kentucky Educational Television. 14
(g) Kentucky Commission on the Deaf and Hard of Hearing. 15
(h) Department of Workforce Development. 16
1. Career Development Office. 17
2. Office of Vocational Rehabilitation. 18
a. Division of Kentucky Business Enterprise. 19
b. Division of the Carl D. Perkins Vocational Training Center. 20
c. Division of Blind Services. 21
d. Division of Field Services. 22
e. Statewide Council for Vocational Rehabilitation. 23
f. Employment First Council. 24
3. Office of Employer and Apprenticeship Services. 25
a. Division of Apprenticeship. 26
4. Kentucky Apprenticeship Council. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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5. Division of Technical Assistance. 1
6. Office of Adult Education. 2
7. Office of the Kentucky Workforce Innovation Board. 3
(i) Department of Workplace Standards. 4
1. Division of Occupational Safety and Health Compliance. 5
2. Division of Occupational Safety and Health Education and 6
Training. 7
3. Division of Wages and Hours. 8
(j) Office of Unemployment Insurance. 9
(k) Kentucky Unemployment Insurance Commission. 10
(l) Department of Workers' Claims. 11
1. Division of Workers' Compensation Funds. 12
2. Office of Administrative Law Judges. 13
3. Division of Claims Processing. 14
4. Division of Security and Compliance. 15
5. Division of Specialist and Medical Services. 16
6. Workers' Compensation Board. 17
(m) Workers' Compensation Funding Commission. 18
(n) Kentucky Occupational Safety and Health Standards Board. 19
(o) State Labor Relations Board. 20
(p) Employers' Mutual Insurance Authority. 21
(q) Kentucky Occupational Safety and Health Review Commission. 22
(r) Workers' Compensation Nominating Committee. 23
(s) Office of Educational Programs. 24
(t) Kentucky Workforce Innovation Board. 25
(u) Kentucky Commission on Proprietary Education. 26
(v) Kentucky Work Ready Skills Advisory Committee. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(w) Kentucky Geographic Education Board. 1
(x) Disability Determination Services Program. 2
III. Other departments headed by appointed officers: 3
(1) Council on Postsecondary Education. 4
(2) Department of Military Affairs. 5
(3) Department for Local Government. 6
(4) Kentucky Commission on Human Rights. 7
(5) Kentucky Commission on Women. 8
(6) Department of Veterans' Affairs. 9
(7) Kentucky Commission on Military Affairs. 10
(8) Office of Minority Empowerment. 11
(9) Governor's Council on Wellness and Physical Activity. 12
(10) Kentucky Communications Network Authority. 13
Section 20. KRS 194A.030 (Effective until July 1, 2024) is amended to read as 14
follows: 15
The cabinet consists of the following major organizational units, which are hereby 16
created: 17
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 18
of the Ombudsman and Administrative Review, an Office of Legal Services, an 19
Office of Inspector General, an Office of Public Affairs, an Office of Human 20
Resource Management, an Office of Finance and Budget, an Office of Legislative 21
and Regulatory Affairs, an Office of Administrative Services, an Office of 22
Application Technology Services, [and ]an Office of Data Analytics, and an Office 23
of Medical Cannabis as follows: 24
(a) The Office of the Ombudsman and Administrative Review shall be headed by 25
an executive director who shall be appointed by the secretary with the 26
approval of the Governor under KRS 12.050 and shall: 27 UNOFFICIAL COPY 24 RS HB 829/EN
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1. Investigate, upon complaint or on its own initiative, any administrative 1
act of an organizational unit, employee, or contractor of the cabinet, 2
without regard to the finality of the administrative act. Organizational 3
units, employees, or contractors of the cabinet shall not willfully 4
obstruct an investigation, restrict access to records or personnel, or 5
retaliate against a complainant or cabinet employee; 6
2. Make recommendations that resolve citizen complaints and improve 7
governmental performance and may require corrective action when 8
policy violations are identified; 9
3. Provide evaluation and information analysis of cabinet performance and 10
compliance with state and federal law; 11
4. Place an emphasis on research and best practices, program 12
accountability, quality service delivery, and improved governmental 13
performance; 14
5. Provide information on how to contact the office for public posting at all 15
offices where Department for Community Based Services employees or 16
contractors work, at any facility where a child in the custody of the 17
cabinet resides, and to all cabinet or contracted foster parents; 18
6. Report to the Office of Inspector General for review and investigation 19
any charge or case against an employee of the Cabinet for Health and 20
Family Services where it has cause to believe the employee has engaged 21
in dishonest, unethical, or illegal conduct or practices related to his or 22
her job duties; or any violation of state law or administrative regulation 23
by any organization or individual regulated by, or contracted with the 24
cabinet; 25
7. Compile a report of all citizen complaints about programs or services of 26
the cabinet and a summary of resolution of the complaints and submit 27 UNOFFICIAL COPY 24 RS HB 829/EN
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the report upon request to the Interim Joint Committee on Health 1
Services and the Interim Joint Committee on Families and Children; 2
8. Include oversight of administrative hearings; and 3
9. Provide information to the Office of the Attorney General, when 4
requested, related to substantiated violations of state law against an 5
employee, a contractor of the cabinet, or a foster or adoptive parent; 6
(b) The Office of Legal Services shall provide legal advice and assistance to all 7
units of the cabinet in any legal action in which it may be involved. The 8
Office of Legal Services shall employ all attorneys of the cabinet who serve 9
the cabinet in the capacity of attorney, giving legal advice and opinions 10
concerning the operation of all programs in the cabinet. The Office of Legal 11
Services shall be headed by a general counsel who shall be appointed by the 12
secretary with the approval of the Governor under KRS 12.050 and 12.210. 13
The general counsel shall be the chief legal advisor to the secretary and shall 14
be directly responsible to the secretary. The Attorney General, on the request 15
of the secretary, may designate the general counsel as an assistant attorney 16
general under the provisions of KRS 15.105; 17
(c) The Office of Inspector General shall be headed by an inspector general who 18
shall be appointed by the secretary with the approval of the Governor. The 19
inspector general shall be directly responsible to the secretary. The Office of 20
Inspector General shall be responsible for: 21
1. The conduct of audits and investigations for detecting the perpetration of 22
fraud or abuse of any program by any client, or by any vendor of 23
services with whom the cabinet has contracted; and the conduct of 24
special investigations requested by the secretary, commissioners, or 25
office heads of the cabinet into matters related to the cabinet or its 26
programs; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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2. Licensing and regulatory functions as the secretary may delegate; 1
3. Review of health facilities participating in transplant programs, as 2
determined by the secretary, for the purpose of determining any 3
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 4
4. The duties, responsibilities, and authority pertaining to the certificate of 5
need functions and the licensure appeals functions, pursuant to KRS 6
Chapter 216B; 7
5. The notification and forwarding of any information relevant to possible 8
criminal violations to the appropriate prosecuting authority; 9
6. The oversight of the operations of the Kentucky Health Information 10
Exchange; and 11
7. The support and guidance to health care providers related to telehealth 12
services, including the development of policy, standards, resources, and 13
education to expand telehealth services across the Commonwealth; 14
(d) The Office of Public Affairs shall be headed by an executive director 15
appointed by the secretary with the approval of the Governor in accordance 16
with KRS 12.050. The office shall provide information to the public and news 17
media about the programs, services, and initiatives of the cabinet; 18
(e) The Office of Human Resource Management shall be headed by an executive 19
director appointed by the secretary with the approval of the Governor in 20
accordance with KRS 12.050. The office shall coordinate, oversee, and 21
execute all personnel, training, and management functions of the cabinet. The 22
office shall focus on the oversight, development, and implementation of 23
quality improvement services; curriculum development and delivery of 24
instruction to staff; the administration, management, and oversight of training 25
operations; health, safety, and compliance training; and equal employment 26
opportunity compliance functions; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(f) The Office of Finance and Budget shall be headed by an executive director 1
appointed by the secretary with the approval of the Governor in accordance 2
with KRS 12.050. The office shall provide central review and oversight of 3
budget, contract, and cabinet finances. The office shall provide coordination, 4
assistance, and support to program departments and independent review and 5
analysis on behalf of the secretary; 6
(g) The Office of Legislative and Regulatory Affairs shall be headed by an 7
executive director appointed by the secretary with the approval of the 8
Governor in accordance with KRS 12.050. The office shall provide central 9
review and oversight of legislation, policy, and administrative regulations. 10
The office shall provide coordination, assistance, and support to program 11
departments and independent review and analysis on behalf of the secretary; 12
(h) The Office of Administrative Services shall be headed by an executive 13
director appointed by the secretary with the approval of the Governor in 14
accordance with KRS 12.050. The office shall provide central review and 15
oversight of procurement, general accounting including grant monitoring, and 16
facility management. The office shall provide coordination, assistance, and 17
support to program departments and independent review and analysis on 18
behalf of the secretary; 19
(i) The Office of Application Technology Services shall be headed by an 20
executive director appointed by the secretary with the approval of the 21
Governor in accordance with KRS 12.050. The office shall provide 22
application technology services including central review and oversight. The 23
office shall provide coordination, assistance, and support to program 24
departments and independent review and analysis on behalf of the secretary;[ 25
and] 26
(j) The Office of Data Analytics shall be headed by an executive director who 27 UNOFFICIAL COPY 24 RS HB 829/EN
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shall be appointed by the secretary with the approval of the Governor under 1
KRS 12.050 and shall identify and innovate strategic initiatives to inform 2
public policy initiatives and provide opportunities for improved health 3
outcomes for all Kentuckians though data analytics. The office shall provide 4
leadership in the redesign of the health care delivery system using electronic 5
information technology to improve patient care and reduce medical errors and 6
duplicative services; and 7
(k) The Office of Medical Cannabis shall be headed by an executive director 8
appointed by the Governor in accordance with KRS 12.040 and shall 9
implement, operate, oversee, and regulate the medicinal cannabis program. 10
The office shall be composed of the Division of Enforcement and 11
Compliance and the Division of Licensure and Access. Each division in the 12
office shall be headed by a director appointed by the secretary with the 13
approval of the Governor in accordance with KRS 12.050. 14
(2) Department for Medicaid Services. The Department for Medicaid Services shall 15
serve as the single state agency in the Commonwealth to administer Title XIX of 16
the Federal Social Security Act. The Department for Medicaid Services shall be 17
headed by a commissioner for Medicaid services, who shall be appointed by the 18
secretary with the approval of the Governor under KRS 12.050. The commissioner 19
for Medicaid services shall be a person who by experience and training in 20
administration and management is qualified to perform the duties of this office. The 21
commissioner for Medicaid services shall exercise authority over the Department 22
for Medicaid Services under the direction of the secretary and shall only fulfill 23
those responsibilities as delegated by the secretary; 24
(3) Department for Public Health. The Department for Public Health shall develop and 25
operate all programs of the cabinet that provide health services and all programs for 26
assessing the health status of the population for the promotion of health and the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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prevention of disease, injury, disability, and premature death. This shall include but 1
not be limited to oversight of the Division of Women's Health. The Department for 2
Public Health shall be headed by a commissioner for public health who shall be 3
appointed by the secretary with the approval of the Governor under KRS 12.050. 4
The commissioner for public health shall be a duly licensed physician who by 5
experience and training in administration and management is qualified to perform 6
the duties of this office. The commissioner shall advise the head of each major 7
organizational unit enumerated in this section on policies, plans, and programs 8
relating to all matters of public health, including any actions necessary to safeguard 9
the health of the citizens of the Commonwealth. The commissioner shall serve as 10
chief medical officer of the Commonwealth. The commissioner for public health 11
shall exercise authority over the Department for Public Health under the direction 12
of the secretary and shall only fulfill those responsibilities as delegated by the 13
secretary; 14
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 15
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 16
develop and administer programs for the prevention of mental illness, intellectual 17
disabilities, brain injury, developmental disabilities, and substance use disorders 18
and shall develop and administer an array of services and support for the treatment, 19
habilitation, and rehabilitation of persons who have a mental illness or emotional 20
disability, or who have an intellectual disability, brain injury, developmental 21
disability, or a substance use disorder. The Department for Behavioral Health, 22
Developmental and Intellectual Disabilities shall be headed by a commissioner for 23
behavioral health, developmental and intellectual disabilities who shall be 24
appointed by the secretary with the approval of the Governor under KRS 12.050. 25
The commissioner for behavioral health, developmental and intellectual disabilities 26
shall be by training and experience in administration and management qualified to 27 UNOFFICIAL COPY 24 RS HB 829/EN
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perform the duties of the office. The commissioner for behavioral health, 1
developmental and intellectual disabilities shall exercise authority over the 2
department under the direction of the secretary, and shall only fulfill those 3
responsibilities as delegated by the secretary; 4
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, 5
and authority set out in KRS 200.460 to 200.490 shall be performed by the office. 6
The office shall advocate the rights of children with disabilities and, to the extent 7
that funds are available, shall ensure the administration of services for children with 8
disabilities as are deemed appropriate by this office pursuant to Title V of the Social 9
Security Act. The office may promulgate administrative regulations under KRS 10
Chapter 13A as may be necessary to implement and administer its responsibilities. 11
The duties, responsibilities, and authority of the Office for Children with Special 12
Health Care Needs shall be performed through the office of the executive director. 13
The executive director shall be appointed by the secretary with the approval of the 14
Governor under KRS 12.050; 15
(6) Department for Family Resource Centers and Volunteer Services. The Department 16
for Family Resource Centers and Volunteer Services shall streamline the various 17
responsibilities associated with the human services programs for which the cabinet 18
is responsible. This shall include, but not be limited to, oversight of the Division of 19
Family Resource and Youth Services Centers and Serve Kentucky. The Department 20
for Family Resource Centers and Volunteer Services shall be headed by a 21
commissioner who shall be appointed by the secretary with the approval of the 22
Governor under KRS 12.050. The commissioner for family resource centers and 23
volunteer services shall be by training and experience in administration and 24
management qualified to perform the duties of the office, shall exercise authority 25
over the department under the direction of the secretary, and shall only fulfill those 26
responsibilities as delegated by the secretary; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(7) Department for Community Based Services. The Department for Community Based 1
Services shall administer and be responsible for child and adult protection, violence 2
prevention resources, foster care and adoption, permanency, and services to 3
enhance family self-sufficiency, including child care, social services, public 4
assistance, and family support. The department shall be headed by a commissioner 5
appointed by the secretary with the approval of the Governor in accordance with 6
KRS 12.050; 7
(8) Department for Income Support. The Department for Income Support shall be 8
responsible for child support enforcement and disability determination. The 9
department shall serve as the state unit as required by Title II and Title XVI of the 10
Social Security Act, and shall have responsibility for determining eligibility for 11
disability for those citizens of the Commonwealth who file applications for 12
disability with the Social Security Administration. The department shall be headed 13
by a commissioner appointed by the secretary with the approval of the Governor in 14
accordance with KRS 12.050; and 15
(9) Department for Aging and Independent Living. The Department for Aging and 16
Independent Living shall serve as the state unit as designated by the Administration 17
on Aging Services under the Older Americans Act and shall have responsibility for 18
administration of the federal community support services, in-home services, meals, 19
family and caregiver support services, elder rights and legal assistance, senior 20
community services employment program, the state health insurance assistance 21
program, state home and community based services including home care, 22
Alzheimer's respite services and the personal care attendant program, certifications 23
of assisted living facilities, the state Council on Alzheimer's Disease and other 24
related disorders, and guardianship services. The department shall also administer 25
the Long-Term Care Ombudsman Program and the Medicaid Home and 26
Community Based Waivers Participant Directed Services Option (PDS) Program. 27 UNOFFICIAL COPY 24 RS HB 829/EN
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The department shall serve as the information and assistance center for aging and 1
disability services and administer multiple federal grants and other state initiatives. 2
The department shall be headed by a commissioner appointed by the secretary with 3
the approval of the Governor in accordance with KRS 12.050. 4
Section 21. KRS 194A.030 (Effective between July 1, 2024, and July 1, 2025) 5
is amended to read as follows: 6
The cabinet consists of the following major organizational units, which are hereby 7
created: 8
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 9
of Legal Services, an Office of Inspector General, an Office of Public Affairs, an 10
Office of Human Resource Management, an Office of Finance and Budget, an 11
Office of Legislative and Regulatory Affairs, an Office of Administrative Services, 12
an Office of Application Technology Services, [and ]an Office of Data Analytics, 13
and an Office of Medical Cannabis as follows: 14
(a) The Office of Legal Services shall provide legal advice and assistance to all 15
units of the cabinet in any legal action in which it may be involved. The 16
Office of Legal Services shall employ all attorneys of the cabinet who serve 17
the cabinet in the capacity of attorney, giving legal advice and opinions 18
concerning the operation of all programs in the cabinet. The Office of Legal 19
Services shall be headed by a general counsel who shall be appointed by the 20
secretary with the approval of the Governor under KRS 12.050 and 12.210. 21
The general counsel shall be the chief legal advisor to the secretary and shall 22
be directly responsible to the secretary. The Attorney General, on the request 23
of the secretary, may designate the general counsel as an assistant attorney 24
general under the provisions of KRS 15.105; 25
(b) The Office of Inspector General shall be headed by an inspector general who 26
shall be appointed by the secretary with the approval of the Governor. The 27 UNOFFICIAL COPY 24 RS HB 829/EN
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inspector general shall be directly responsible to the secretary. The Office of 1
Inspector General shall be responsible for: 2
1. The conduct of audits and investigations for detecting the perpetration of 3
fraud or abuse of any program by any client, or by any vendor of 4
services with whom the cabinet has contracted; and the conduct of 5
special investigations requested by the secretary, commissioners, or 6
office heads of the cabinet into matters related to the cabinet or its 7
programs; 8
2. Licensing and regulatory functions as the secretary may delegate; 9
3. Review of health facilities participating in transplant programs, as 10
determined by the secretary, for the purpose of determining any 11
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 12
4. The duties, responsibilities, and authority pertaining to the certificate of 13
need functions and the licensure appeals functions, pursuant to KRS 14
Chapter 216B; 15
5. The notification and forwarding of any information relevant to possible 16
criminal violations to the appropriate prosecuting authority; 17
6. The oversight of the operations of the Kentucky Health Information 18
Exchange; and 19
7. The support and guidance to health care providers related to telehealth 20
services, including the development of policy, standards, resources, and 21
education to expand telehealth services across the Commonwealth; 22
(c) The Office of Public Affairs shall be headed by an executive director 23
appointed by the secretary with the approval of the Governor in accordance 24
with KRS 12.050. The office shall provide information to the public and news 25
media about the programs, services, and initiatives of the cabinet; 26
(d) The Office of Human Resource Management shall be headed by an executive 27 UNOFFICIAL COPY 24 RS HB 829/EN
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director appointed by the secretary with the approval of the Governor in 1
accordance with KRS 12.050. The office shall coordinate, oversee, and 2
execute all personnel, training, and management functions of the cabinet. The 3
office shall focus on the oversight, development, and implementation of 4
quality improvement services; curriculum development and delivery of 5
instruction to staff; the administration, management, and oversight of training 6
operations; health, safety, and compliance training; and equal employment 7
opportunity compliance functions; 8
(e) The Office of Finance and Budget shall be headed by an executive director 9
appointed by the secretary with the approval of the Governor in accordance 10
with KRS 12.050. The office shall provide central review and oversight of 11
budget, contract, and cabinet finances. The office shall provide coordination, 12
assistance, and support to program departments and independent review and 13
analysis on behalf of the secretary; 14
(f) The Office of Legislative and Regulatory Affairs shall be headed by an 15
executive director appointed by the secretary with the approval of the 16
Governor in accordance with KRS 12.050. The office shall provide central 17
review and oversight of legislation, policy, and administrative regulations. 18
The office shall provide coordination, assistance, and support to program 19
departments and independent review and analysis on behalf of the secretary; 20
(g) The Office of Administrative Services shall be headed by an executive 21
director appointed by the secretary with the approval of the Governor in 22
accordance with KRS 12.050. The office shall provide central review and 23
oversight of procurement, general accounting including grant monitoring, and 24
facility management. The office shall provide coordination, assistance, and 25
support to program departments and independent review and analysis on 26
behalf of the secretary; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(h) The Office of Application Technology Services shall be headed by an 1
executive director appointed by the secretary with the approval of the 2
Governor in accordance with KRS 12.050. The office shall provide 3
application technology services including central review and oversight. The 4
office shall provide coordination, assistance, and support to program 5
departments and independent review and analysis on behalf of the secretary;[ 6
and] 7
(i) The Office of Data Analytics shall be headed by an executive director who 8
shall be appointed by the secretary with the approval of the Governor under 9
KRS 12.050 and shall identify and innovate strategic initiatives to inform 10
public policy initiatives and provide opportunities for improved health 11
outcomes for all Kentuckians though data analytics. The office shall provide 12
leadership in the redesign of the health care delivery system using electronic 13
information technology to improve patient care and reduce medical errors and 14
duplicative services; and 15
(j) The Office of Medical Cannabis shall be headed by an executive director 16
appointed by the Governor in accordance with KRS 12.040 and shall 17
implement, operate, oversee, and regulate the medicinal cannabis program. 18
The office shall be composed of the Division of Enforcement and 19
Compliance and the Division of Licensure and Access. Each division in the 20
office shall be headed by a director appointed by the secretary with the 21
approval of the Governor in accordance with KRS 12.050. 22
(2) Department for Medicaid Services. The Department for Medicaid Services shall 23
serve as the single state agency in the Commonwealth to administer Title XIX of 24
the Federal Social Security Act. The Department for Medicaid Services shall be 25
headed by a commissioner for Medicaid services, who shall be appointed by the 26
secretary with the approval of the Governor under KRS 12.050. The commissioner 27 UNOFFICIAL COPY 24 RS HB 829/EN
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for Medicaid services shall be a person who by experience and training in 1
administration and management is qualified to perform the duties of this office. The 2
commissioner for Medicaid services shall exercise authority over the Department 3
for Medicaid Services under the direction of the secretary and shall only fulfill 4
those responsibilities as delegated by the secretary; 5
(3) Department for Public Health. The Department for Public Health shall develop and 6
operate all programs of the cabinet that provide health services and all programs for 7
assessing the health status of the population for the promotion of health and the 8
prevention of disease, injury, disability, and premature death. This shall include but 9
not be limited to oversight of the Division of Women's Health and the Office for 10
Children with Special Health Care Needs. The duties, responsibilities, and authority 11
set out in KRS 200.460 to 200.490 shall be performed by the Department for Public 12
Health. The Department for Public Health shall advocate for the rights of children 13
with disabilities and, to the extent that funds are available, shall ensure the 14
administration of services for children with disabilities as are deemed appropriate 15
by this office pursuant to Title V of the Social Security Act. The Department for 16
Public Health may promulgate administrative regulations under KRS Chapter 13A 17
as may be necessary to implement and administer its responsibilities. The Office for 18
Children with Special Health Care Needs may be headed by an executive director 19
appointed by the secretary with the approval of the Governor in accordance with 20
KRS 12.050. The Department for Public Health shall be headed by a commissioner 21
for public health who shall be appointed by the secretary with the approval of the 22
Governor under KRS 12.050. The commissioner for public health shall be a duly 23
licensed physician who by experience and training in administration and 24
management is qualified to perform the duties of this office. The commissioner 25
shall advise the head of each major organizational unit enumerated in this section 26
on policies, plans, and programs relating to all matters of public health, including 27 UNOFFICIAL COPY 24 RS HB 829/EN
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any actions necessary to safeguard the health of the citizens of the Commonwealth. 1
The commissioner shall serve as chief medical officer of the Commonwealth. The 2
commissioner for public health shall exercise authority over the Department for 3
Public Health under the direction of the secretary and shall only fulfill those 4
responsibilities as delegated by the secretary; 5
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 6
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 7
develop and administer programs for the prevention of mental illness, intellectual 8
disabilities, brain injury, developmental disabilities, and substance use disorders 9
and shall develop and administer an array of services and support for the treatment, 10
habilitation, and rehabilitation of persons who have a mental illness or emotional 11
disability, or who have an intellectual disability, brain injury, developmental 12
disability, or a substance use disorder. The Department for Behavioral Health, 13
Developmental and Intellectual Disabilities shall be headed by a commissioner for 14
behavioral health, developmental and intellectual disabilities who shall be 15
appointed by the secretary with the approval of the Governor under KRS 12.050. 16
The commissioner for behavioral health, developmental and intellectual disabilities 17
shall be by training and experience in administration and management qualified to 18
perform the duties of the office. The commissioner for behavioral health, 19
developmental and intellectual disabilities shall exercise authority over the 20
department under the direction of the secretary, and shall only fulfill those 21
responsibilities as delegated by the secretary; 22
(5) Department for Family Resource Centers and Volunteer Services. The Department 23
for Family Resource Centers and Volunteer Services shall streamline the various 24
responsibilities associated with the human services programs for which the cabinet 25
is responsible. This shall include, but not be limited to, oversight of the Division of 26
Family Resource and Youth Services Centers and Serve Kentucky. The Department 27 UNOFFICIAL COPY 24 RS HB 829/EN
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for Family Resource Centers and Volunteer Services shall be headed by a 1
commissioner who shall be appointed by the secretary with the approval of the 2
Governor under KRS 12.050. The commissioner for family resource centers and 3
volunteer services shall be by training and experience in administration and 4
management qualified to perform the duties of the office, shall exercise authority 5
over the department under the direction of the secretary, and shall only fulfill those 6
responsibilities as delegated by the secretary; 7
(6) Department for Community Based Services. The Department for Community Based 8
Services shall administer and be responsible for child and adult protection, 9
guardianship services, violence prevention resources, foster care and adoption, 10
permanency, and services to enhance family self-sufficiency, including child care, 11
social services, public assistance, and family support. The department shall be 12
headed by a commissioner appointed by the secretary with the approval of the 13
Governor in accordance with KRS 12.050; 14
(7) Department for Income Support. The Department for Income Support shall be 15
responsible for child support enforcement and disability determination. The 16
department shall serve as the state unit as required by Title II and Title XVI of the 17
Social Security Act, and shall have responsibility for determining eligibility for 18
disability for those citizens of the Commonwealth who file applications for 19
disability with the Social Security Administration. The department shall be headed 20
by a commissioner appointed by the secretary with the approval of the Governor in 21
accordance with KRS 12.050; and 22
(8) Department for Aging and Independent Living. The Department for Aging and 23
Independent Living shall serve as the state unit as designated by the Administration 24
on Aging Services under the Older Americans Act and shall have responsibility for 25
administration of the federal community support services, in-home services, meals, 26
family and caregiver support services, elder rights and legal assistance, senior 27 UNOFFICIAL COPY 24 RS HB 829/EN
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community services employment program, the state health insurance assistance 1
program, state home and community based services including home care, 2
Alzheimer's respite services and the personal care attendant program, certifications 3
of assisted living facilities, and the state Council on Alzheimer's Disease and other 4
related disorders. The department shall also administer the Long-Term Care 5
Ombudsman Program and the Medicaid Home and Community Based Waivers 6
Participant Directed Services Option (PDS) Program. The department shall serve as 7
the information and assistance center for aging and disability services and 8
administer multiple federal grants and other state initiatives. The department shall 9
be headed by a commissioner appointed by the secretary with the approval of the 10
Governor in accordance with KRS 12.050. 11
Section 22. KRS 194A.030 (Effective July 1, 2025) is amended to read as 12
follows: 13
The cabinet consists of the following major organizational units, which are hereby 14
created: 15
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 16
of Legal Services, an Office of Inspector General, an Office of Public Affairs, an 17
Office of Human Resource Management, an Office of Finance and Budget, an 18
Office of Legislative and Regulatory Affairs, an Office of Administrative Services, 19
an Office of Application Technology Services, [and ]an Office of Data Analytics, 20
and an Office of Medical Cannabis as follows: 21
(a) The Office of Legal Services shall provide legal advice and assistance to all 22
units of the cabinet in any legal action in which it may be involved. The 23
Office of Legal Services shall employ all attorneys of the cabinet who serve 24
the cabinet in the capacity of attorney, giving legal advice and opinions 25
concerning the operation of all programs in the cabinet. The Office of Legal 26
Services shall be headed by a general counsel who shall be appointed by the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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secretary with the approval of the Governor under KRS 12.050 and 12.210. 1
The general counsel shall be the chief legal advisor to the secretary and shall 2
be directly responsible to the secretary. The Attorney General, on the request 3
of the secretary, may designate the general counsel as an assistant attorney 4
general under the provisions of KRS 15.105; 5
(b) The Office of Inspector General shall be headed by an inspector general who 6
shall be appointed by the secretary with the approval of the Governor. The 7
inspector general shall be directly responsible to the secretary. The Office of 8
Inspector General shall be responsible for: 9
1. The conduct of audits and investigations for detecting the perpetration of 10
fraud or abuse of any program by any client, or by any vendor of 11
services with whom the cabinet has contracted; and the conduct of 12
special investigations requested by the secretary, commissioners, or 13
office heads of the cabinet into matters related to the cabinet or its 14
programs; 15
2. Licensing and regulatory functions as the secretary may delegate; 16
3. Review of health facilities participating in transplant programs, as 17
determined by the secretary, for the purpose of determining any 18
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 19
4. The duties, responsibilities, and authority pertaining to the certificate of 20
need functions and the licensure appeals functions, pursuant to KRS 21
Chapter 216B; 22
5. The notification and forwarding of any information relevant to possible 23
criminal violations to the appropriate prosecuting authority; 24
6. The oversight of the operations of the Kentucky Health Information 25
Exchange; and 26
7. The support and guidance to health care providers related to telehealth 27 UNOFFICIAL COPY 24 RS HB 829/EN
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services, including the development of policy, standards, resources, and 1
education to expand telehealth services across the Commonwealth; 2
(c) The Office of Public Affairs shall be headed by an executive director 3
appointed by the secretary with the approval of the Governor in accordance 4
with KRS 12.050. The office shall provide information to the public and news 5
media about the programs, services, and initiatives of the cabinet; 6
(d) The Office of Human Resource Management shall be headed by an executive 7
director appointed by the secretary with the approval of the Governor in 8
accordance with KRS 12.050. The office shall coordinate, oversee, and 9
execute all personnel, training, and management functions of the cabinet. The 10
office shall focus on the oversight, development, and implementation of 11
quality improvement services; curriculum development and delivery of 12
instruction to staff; the administration, management, and oversight of training 13
operations; health, safety, and compliance training; and equal employment 14
opportunity compliance functions; 15
(e) The Office of Finance and Budget shall be headed by an executive director 16
appointed by the secretary with the approval of the Governor in accordance 17
with KRS 12.050. The office shall provide central review and oversight of 18
budget, contract, and cabinet finances. The office shall provide coordination, 19
assistance, and support to program departments and independent review and 20
analysis on behalf of the secretary; 21
(f) The Office of Legislative and Regulatory Affairs shall be headed by an 22
executive director appointed by the secretary with the approval of the 23
Governor in accordance with KRS 12.050. The office shall provide central 24
review and oversight of legislation, policy, and administrative regulations. 25
The office shall provide coordination, assistance, and support to program 26
departments and independent review and analysis on behalf of the secretary; 27 UNOFFICIAL COPY 24 RS HB 829/EN
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(g) The Office of Administrative Services shall be headed by an executive 1
director appointed by the secretary with the approval of the Governor in 2
accordance with KRS 12.050. The office shall provide central review and 3
oversight of procurement, general accounting including grant monitoring, and 4
facility management. The office shall provide coordination, assistance, and 5
support to program departments and independent review and analysis on 6
behalf of the secretary; 7
(h) The Office of Application Technology Services shall be headed by an 8
executive director appointed by the secretary with the approval of the 9
Governor in accordance with KRS 12.050. The office shall provide 10
application technology services including central review and oversight. The 11
office shall provide coordination, assistance, and support to program 12
departments and independent review and analysis on behalf of the secretary;[ 13
and] 14
(i) The Office of Data Analytics shall be headed by an executive director who 15
shall be appointed by the secretary with the approval of the Governor under 16
KRS 12.050 and shall identify and innovate strategic initiatives to inform 17
public policy initiatives and provide opportunities for improved health 18
outcomes for all Kentuckians though data analytics. The office shall provide 19
leadership in the redesign of the health care delivery system using electronic 20
information technology to improve patient care and reduce medical errors and 21
duplicative services; and 22
(j) The Office of Medical Cannabis shall be headed by an executive director 23
appointed by the Governor in accordance with KRS 12.040 and shall 24
implement, operate, oversee, and regulate the medicinal cannabis program. 25
The office shall be composed of the Division of Enforcement and 26
Compliance and the Division of Licensure and Access. Each division in the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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office shall be headed by a director appointed by the secretary with the 1
approval of the Governor in accordance with KRS 12.050. 2
(2) Department for Medicaid Services. The Department for Medicaid Services shall 3
serve as the single state agency in the Commonwealth to administer Title XIX of 4
the Federal Social Security Act. The Department for Medicaid Services shall be 5
headed by a commissioner for Medicaid services, who shall be appointed by the 6
secretary with the approval of the Governor under KRS 12.050. The commissioner 7
for Medicaid services shall be a person who by experience and training in 8
administration and management is qualified to perform the duties of this office. The 9
commissioner for Medicaid services shall exercise authority over the Department 10
for Medicaid Services under the direction of the secretary and shall only fulfill 11
those responsibilities as delegated by the secretary; 12
(3) Department for Public Health. The Department for Public Health shall develop and 13
operate all programs of the cabinet that provide health services and all programs for 14
assessing the health status of the population for the promotion of health and the 15
prevention of disease, injury, disability, and premature death. This shall include but 16
not be limited to oversight of the Division of Women's Health and the Office for 17
Children with Special Health Care Needs. The duties, responsibilities, and authority 18
set out in KRS 200.460 to 200.490 shall be performed by the Department for Public 19
Health. The Department for Public Health shall advocate for the rights of children 20
with disabilities and, to the extent that funds are available, shall ensure the 21
administration of services for children with disabilities as are deemed appropriate 22
by this office pursuant to Title V of the Social Security Act. The Department for 23
Public Health may promulgate administrative regulations under KRS Chapter 13A 24
as may be necessary to implement and administer its responsibilities. The Office for 25
Children with Special Health Care Needs may be headed by an executive director 26
appointed by the secretary with the approval of the Governor in accordance with 27 UNOFFICIAL COPY 24 RS HB 829/EN
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KRS 12.050. The Department for Public Health shall be headed by a commissioner 1
for public health who shall be appointed by the secretary with the approval of the 2
Governor under KRS 12.050. The commissioner for public health shall be a duly 3
licensed physician who by experience and training in administration and 4
management is qualified to perform the duties of this office. The commissioner 5
shall advise the head of each major organizational unit enumerated in this section 6
on policies, plans, and programs relating to all matters of public health, including 7
any actions necessary to safeguard the health of the citizens of the Commonwealth. 8
The commissioner shall serve as chief medical officer of the Commonwealth. The 9
commissioner for public health shall exercise authority over the Department for 10
Public Health under the direction of the secretary and shall only fulfill those 11
responsibilities as delegated by the secretary; 12
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 13
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 14
develop and administer programs for the prevention of mental illness, intellectual 15
disabilities, brain injury, developmental disabilities, and substance use disorders 16
and shall develop and administer an array of services and support for the treatment, 17
habilitation, and rehabilitation of persons who have a mental illness or emotional 18
disability, or who have an intellectual disability, brain injury, developmental 19
disability, or a substance use disorder. The Department for Behavioral Health, 20
Developmental and Intellectual Disabilities shall be headed by a commissioner for 21
behavioral health, developmental and intellectual disabilities who shall be 22
appointed by the secretary with the approval of the Governor under KRS 12.050. 23
The commissioner for behavioral health, developmental and intellectual disabilities 24
shall be by training and experience in administration and management qualified to 25
perform the duties of the office. The commissioner for behavioral health, 26
developmental and intellectual disabilities shall exercise authority over the 27 UNOFFICIAL COPY 24 RS HB 829/EN
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department under the direction of the secretary, and shall only fulfill those 1
responsibilities as delegated by the secretary; 2
(5) Department for Family Resource Centers and Volunteer Services. The Department 3
for Family Resource Centers and Volunteer Services shall streamline the various 4
responsibilities associated with the human services programs for which the cabinet 5
is responsible. This shall include, but not be limited to, oversight of the Division of 6
Family Resource and Youth Services Centers and Serve Kentucky. The Department 7
for Family Resource Centers and Volunteer Services shall be headed by a 8
commissioner who shall be appointed by the secretary with the approval of the 9
Governor under KRS 12.050. The commissioner for family resource centers and 10
volunteer services shall be by training and experience in administration and 11
management qualified to perform the duties of the office, shall exercise authority 12
over the department under the direction of the secretary, and shall only fulfill those 13
responsibilities as delegated by the secretary; 14
(6) Department for Community Based Services. The Department for Community Based 15
Services shall administer and be responsible for child and adult protection, 16
guardianship services, violence prevention resources, foster care and adoption, 17
permanency, and services to enhance family self-sufficiency, including child care, 18
social services, public assistance, and family support. The department shall be 19
headed by a commissioner appointed by the secretary with the approval of the 20
Governor in accordance with KRS 12.050; and 21
(7) Department for Aging and Independent Living. The Department for Aging and 22
Independent Living shall serve as the state unit as designated by the Administration 23
on Aging Services under the Older Americans Act and shall have responsibility for 24
administration of the federal community support services, in-home services, meals, 25
family and caregiver support services, elder rights and legal assistance, senior 26
community services employment program, the state health insurance assistance 27 UNOFFICIAL COPY 24 RS HB 829/EN
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program, state home and community based services including home care, 1
Alzheimer's respite services and the personal care attendant program, certifications 2
of assisted living facilities, and the state Council on Alzheimer's Disease and other 3
related disorders. The department shall also administer the Long-Term Care 4
Ombudsman Program and the Medicaid Home and Community Based Waivers 5
Participant Directed Services Option (PDS) Program. The department shall serve as 6
the information and assistance center for aging and disability services and 7
administer multiple federal grants and other state initiatives. The department shall 8
be headed by a commissioner appointed by the secretary with the approval of the 9
Governor in accordance with KRS 12.050. 10
Section 23. Sections 10, 11, and 12 of this Act take effect July 1, 2024. 11
Section 24. 2023 Ky. Acts ch. 146, sec. 42, is amended to read as follows: 12
Section 2, Section 5, Sections 17 to 24, Section 30, Section 32, and Sections 35 to 13
37 of this Act take effect July 1, 2024, and Section 4, Sections 6 to 8,[Sections 4 to 8,] 14
Section 10, and Sections 12 to 14[, Sections 17 to 24, Section 30, Section 32, and 15
Sections 35 to 37] of this Act take effect January 1, 2025. 16
Section 25. Whereas medicinal cannabis businesses cannot ensure an adequate 17
supply of medicinal cannabis in 2025 without becoming licensed and operational in 2024, 18
and the Cabinet for Health and Family Services cannot issue licenses to medicinal 19
cannabis businesses in 2024 under current law, an emergency is declared to exist, and this 20
Act takes effect upon its passage and approval by the Governor or upon its otherwise 21
becoming a law. 22