CHAPTER 195
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CHAPTER 195
( HB 829 )
AN ACT relating to medicinal cannabis and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 218B.010 is amended to read as follows:
For the purposes of this chapter, unless the context otherwise requires:
(1) "Bona fide practitioner-patient relationship" means a treating or consulting relationship, during the course of
which a medicinal cannabis practitioner has:
(a) Completed an initial in-person examination and assessment of the patient's medical history and current
medical condition which shall include a review of:
1. The patient's medical records for the previous twelve (12) months;
2. All other available medical records relevant to the patient's qualifying medical condition;
3. Any medications that the patient is currently taking; and
4. Any other possible risks or side effects that may be associated with the use of medicinal
cannabis;
(b) Consulted with the patient with respect to the possible medical, therapeutic, and palliative properties of
medicinal cannabis;
(c) Advised the patient of the possible risks and side effects associated with the use of medicinal cannabis,
including possible interactions between medicinal cannabis and any other drug or medication that the
patient is taking at that time; and
(d) Established an expectation that he or she will provide follow-up care and treatment to the patient in
accordance with administrative regulations promulgated pursuant to KRS 218B.050(10);
(2) "Cabinet" means the Cabinet for Health and Family Services;
(3) "Cannabis business" means an entity licensed under this chapter as a cultivator, dispensary, processor,
producer, or safety compliance facility;
(4) "Cannabis business agent" means a principal officer, board member, employee, volunteer, or agent of a
cannabis business;
(5) "Cardholder" means:
(a) A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for,
obtained, and possesses a valid registry identification card issued by the cabinet; or
(b) A visiting qualified patient who has obtained and possesses:
1. A valid out-of-state registry identification card; and
2. Documentation of having been diagnosed with a qualifying medical condition;
(6) "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090;
(7) "Cultivator agent" means a principal officer, board member, employee, volunteer, or agent of a cultivator;
(8) "Designated caregiver" means a person who has registered as such with the cabinet under KRS 218B.055 and
218B.060;
(9) "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090;
(10) "Dispensary agent" means a principal officer, board member, employee, volunteer, or agent of a dispensary;
(11) "Disqualifying felony offense" means: ACTS OF THE GENERAL ASSEMBLY 2
(a) A felony offense that resulted in the person being classified by the Department of Corrections[would
classify the person] as a violent offender under KRS 439.3401; or
(b) A violation of a state or federal controlled substance law that was classified as a felony in the
jurisdiction where the person was convicted, except:
1. An offense for which the sentence, including any term of probation, incarceration, or supervised
release, was completed five (5) or more years earlier; or
2. An offense that, as determined by the cabinet, consisted of conduct for which this chapter would
likely have prevented a conviction, but the conduct either occurred prior to the enactment of this
chapter or was prosecuted by an authority other than the Commonwealth of Kentucky;
(12) "Enclosed, locked facility" means an indoor growing space such as a room, greenhouse, building, or other
indoor enclosed area that is maintained and operated by a cultivator or producer and is equipped with locks
and other security devices that permit access only by authorized agents of the cultivator or producer, as
required by the cabinet;
(13) "Growth area" has the same meaning as an enclosed, locked facility;
(14) "Marijuana" has the same meaning as in KRS 218A.010;
(15) "Medicinal cannabis":
(a) Means marijuana as defined in KRS 218A.010 when cultivated, harvested, processed, produced,
transported, dispensed, distributed, sold, possessed, or used in accordance with this chapter;
(b) Includes medicinal cannabis products and raw plant material; and
(c) Does not include industrial hemp or industrial hemp products as defined in KRS 260.850;
(16) "Medicinal cannabis accessories" means any equipment, product, or material of any kind which is used,
intended for use, or designed for use in the preparing, storing, using, or consuming medicinal cannabis in
accordance with this chapter;
(17) "Medicinal cannabis practitioner" means a physician or an advanced practice registered nurse who is
authorized to prescribe controlled substances under KRS 314.042, who is authorized by his or her state
licensing board to provide written certifications pursuant to KRS 218B.050;
(18) "Medicinal cannabis product":
(a) Means any compound, manufacture, salt, derivative, mixture, or preparation of any part of the plant
Cannabis sp., its seeds or its resin; or any compound, mixture, or preparation which contains any
quantity of these substances when cultivated, harvested, processed, produced, transported, dispensed,
distributed, sold, possessed, or used in accordance with this chapter; and
(b) Does not include industrial hemp products as defined in KRS 260.850;
(19) "Minor" means a person less than eighteen (18) years of age;
(20) "Out-of-state registry identification card" means a registry identification card, or an equivalent document, that
was issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the
United States;
(21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090;
(22) "Processor agent" means a principal officer, board member, employee, volunteer, or agent of a processor;
(23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090;
(24) "Producer agent" means a principal officer, board member, employee, volunteer, or agent of a producer;
(25) "Qualified patient" means a person who has obtained a written certification from a medicinal cannabis
practitioner with whom he or she has a bona fide practitioner-patient relationship;
(26) "Qualifying medical condition" means:
(a) Any type or form of cancer regardless of stage;
(b) Chronic, severe, intractable, or debilitating pain;
(c) Epilepsy or any other intractable seizure disorder; CHAPTER 195
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(d) Multiple sclerosis, muscle spasms, or spasticity;
(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical
treatments;
(f) Post-traumatic stress disorder; and
(g) Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS
164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate
that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or
palliative benefits from the use of medicinal cannabis;
(27) "Raw plant material":
(a) Means the trichome-covered part of the female plant Cannabis sp. or any mixture of shredded leaves,
stems, seeds, and flowers of the Cannabis sp. plant; and
(b) Does not include plant material obtained from industrial hemp as defined in KRS 260.850;
(28) "Registered qualified patient" means a qualified patient who has applied for, obtained, and possesses a valid
registry identification card[ or provisional registration receipt] issued by the cabinet;
(29) "Registry identification card" means a document issued by the cabinet that identifies a person as a registered
qualified patient, visiting qualified patient, or designated caregiver;
(30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090;
(31) "Safety compliance facility agent" means a principal officer, board member, employee, volunteer, or agent of a
safety compliance facility;
(32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller than eight (8) inches;
(33) "Serious violation" means:
(a) Any violation of this chapter or any administrative regulation promulgated thereunder that is capable of
causing death or which causes serious and prolonged disfigurement, prolonged impairment of health, or
prolonged loss or impairment of the function of any bodily organ;
(b) The diversion of medicinal cannabis for use not regulated pursuant to this chapter; or
(c) Any act that would constitute a violation of KRS 218A.1421;
(34) "Smoking" means the inhalation of smoke produced from the combustion of raw plant material when ignited
by a flame;
(35) "State licensing board" means:
(a) The Kentucky Board of Medical Licensure; or
(b) The Kentucky Board of Nursing;
(36) "Telehealth" has the same meaning as in KRS 211.332;
(37) "Use of medicinal cannabis":
(a) Includes the acquisition, administration, possession, transfer, transportation, or consumption of
medicinal cannabis or medicinal cannabis accessories by a cardholder in accordance with this chapter;
and
(b) Does not include:
1. Cultivation of marijuana by a cardholder;
2. The use or consumption of marijuana by smoking; or
3. The use of industrial hemp or industrial hemp products as defined in KRS 260.850;
(38) "Visiting qualified patient" means a person who has registered as such through the cabinet as required under
this chapter or who possesses a valid out-of-state registry identification card and documentation of having
been diagnosed with a qualifying medical condition; and ACTS OF THE GENERAL ASSEMBLY 4
(39) "Written certification" means a document dated and signed by a medicinal cannabis practitioner, that:
(a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may
receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis;
(b) Specifies the qualifying medical condition or conditions for which the medicinal cannabis practitioner
believes the patient may receive medical, therapeutic, or palliative benefit; and
(c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-patient relationship with
the patient.
Section 2. KRS 218B.020 is amended to read as follows:
(1) The Cabinet for Health and Family Services is hereby charged with the implementation, operation, oversight,
and regulation of the medicinal cannabis program established in this chapter.
(2) There is hereby established within the cabinet a Board of Physicians and Advisors which shall consist of the
following members:
(a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure and confirmed by the
Senate in accordance with KRS 11.160. In order to be eligible to be appointed to the board, a physician
shall be authorized, pursuant to KRS 218B.050, to provide written certifications for the use of
medicinal cannabis and shall be certified by the appropriate board in one (1) of the following
specialties:
1. Addiction medicine;
2. Anesthesiology;
3. Gastroenterology;
4. Infectious disease;
5. Neurology;
6. Obstetrics and gynecology;
7. Oncology;
8. Ophthalmology;
9. Optometry;
10. Pain management;
11. Pain medicine;
12. Pediatrics;
13. Physical medicine and rehabilitation; or
14. Psychiatry;[ and]
(b) Two (2) advanced practice registered nurses appointed by the Kentucky Board of Nursing and
confirmed by the Senate in accordance with KRS 11.160. In order to be eligible to be appointed to the
board, an advanced practice registered nurse shall be authorized, pursuant to KRS 218B.050, to provide
written certifications for the use of medicinal cannabis; and
(c) One (1) pharmacist appointed by the Kentucky Board of Pharmacy and confirmed by the Senate in
accordance with KRS 11.160.
(3) Each member of the Board of Physicians and Advisors shall:
(a) Serve for a term of four (4) years and until his or her successor is appointed and confirmed by the
Senate;
(b) Be eligible for reappointment; and
(c) Serve without compensation, but each member of the board not otherwise compensated for his or her
time or expenses shall be entitled to reimbursement for his or her actual and necessary expenses in
carrying out his or her duties with reimbursement for expenses being made in accordance with
administrative regulations relating to travel expenses. CHAPTER 195
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(4) The Board of Physicians and Advisors shall not be subject to reorganization under KRS Chapter 12.
(5) The Board of Physicians and Advisors shall:
(a) Review and recommend to the cabinet protocols for determining:
1. The amount of medicinal cannabis or delta-9 tetrahydrocannabinol that constitutes a daily
supply, an uninterrupted ten (10) day supply, and an uninterrupted thirty (30) day supply of
medicinal cannabis for registered qualified patients and visiting qualified patients; and
2. The amount of raw plant material that medicinal cannabis products are considered to be
equivalent to;
(b) Review and recommend to the cabinet protocols, evolving continuous quality improvement metrics, and
minimal performance standards for the biennial accreditation process of licensed cannabis businesses;
(c) Review relevant peer-reviewed, scientific data related to the delta-9 tetrahydrocannabinol content limits
established in KRS 218B.095(2)(b) and make recommendations to the General Assembly regarding
revisions to the limits as the board deems appropriate;
(d) Review relevant peer-reviewed, scientific data related to the various methods of use and consumption of
medicinal cannabis and make recommendations to the General Assembly to approve or restrict certain
methods as the board deems appropriate;
(e) Review relevant peer-reviewed, scientific data related to the use of medicinal cannabis for medical,
therapeutic, or palliative purposes and make recommendations to the General Assembly to add or
remove conditions from the list of qualifying medical conditions defined in KRS 218B.010;[ and]
(f) Perform other duties related to the use of medicinal cannabis upon request by the secretary of the
cabinet; and
(g) Assist the cabinet in developing the Medicinal Cannabis Advisory Pamphlet described in subsection
(2)(b) of Section 14 of this Act.
(6) No later than December 1 of each year beginning in 2024, the cabinet, in consultation with the University of
Kentucky College of Medicine and the Kentucky Center for Cannabis, shall submit an annual report to the
Legislative Research Commission. The report submitted by the cabinet shall, at a minimum, include:
(a) The number of applications and renewals received by the cabinet for registry identification cards for
registered qualified patients, visiting qualified patients, and designated caregivers, individually and
collectively;
(b) The number of applications and renewals for registry identification cards that were approved and denied
by the cabinet;
(c) The number of registry identification cards revoked by the cabinet for misconduct and the nature of the
misconduct;
(d) The number of medicinal cannabis practitioners authorized to provide written certifications;
(e) The nature of the medical conditions for which medicinal cannabis practitioners have provided written
certifications;
(f) The number of applications and renewals received by the cabinet for cannabis business licenses, the
number of cannabis business licenses issued for each business type and tier, and the number of cannabis
business license applications and renewals that were denied by the cabinet;
(g) The number of cannabis business agents employed by each type of cannabis business;
(h) An assessment of:
1. The ability of cardholders in all areas of the state to obtain timely affordable access to medicinal
cannabis;
2. The evolving continuous quality improvement metrics and minimal performance standards for
the biennial accreditation process of licensed cannabis businesses;
3. The effectiveness of the cultivators, processors, and producers licensed under this chapter,
individually and collectively, in serving the needs of processors, dispensaries, and cardholders, ACTS OF THE GENERAL ASSEMBLY 6
the reasonableness of their fees, whether they are generating any complaints or security
problems, and the sufficiency of the number operating to serve processors, dispensaries, and
cardholders in the Commonwealth;
4. The effectiveness of the dispensaries licensed under this chapter, individually and collectively, in
serving the needs of cardholders, including the provision of educational and support services, the
reasonableness of their fees, whether they are generating any complaints or security problems,
and the sufficiency of the number operating to serve cardholders in the Commonwealth; and
5. The effectiveness of the licensed safety compliance facilities licensed under this chapter,
individually and collectively, in serving the needs of other cannabis businesses, including the
provision of testing and training services, the reasonableness of their fees, whether they are
generating any complaints or security problems, and the sufficiency of the number operating to
serve other cannabis businesses and cardholders in the Commonwealth;
(i) The amount of medicinal cannabis sold per month in the Commonwealth;
(j) The total amount of revenue for each calendar year and aggregated by prior years generated from any
cannabis business licensure and cardholder application and renewal fees established by the cabinet;
(k) The total cost of enforcement for the medicinal cannabis program at the time of the report, by city,
county, and overall;
(l) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the
cabinet through administrative regulations to ensure that access to and use of medicinal cannabis
cultivated and processed in this state is provided only to cardholders;
(m) Any recommended additions or revisions to this chapter or administrative regulations promulgated
thereunder, including those relating to security, safe handling, labeling, and nomenclature;
(n) The results of any scientific research studies regarding the health effects of cannabis; and
(o) Any other data requested by the Legislative Research Commission relating to the medicinal cannabis
program and this chapter.
(7) The cabinet shall provide the University of Kentucky College of Medicine and the Kentucky Center for
Cannabis established in KRS 164.983 with all information necessary to allow collaboration with the cabinet on
the preparation of this report. The University of Kentucky College of Medicine and the Kentucky Center for
Cannabis may also produce its own report regarding the medicinal cannabis program established in this
chapter which, if produced, shall be submitted to the Legislative Research Commission upon completion.
(8) The information contained in the report described in subsection (6) of this section shall be presented in a
manner that complies with the federal Health Insurance Portability and Accountability Act, Pub. L. No. 104-
191, and does not disclose any identifying information about cardholders or licensed cannabis businesses.
Section 3. KRS 218B.035 (Effective January 1, 2025) is amended to read as follows:
(1) This chapter does not authorize any person to engage in, and shall not prevent the imposition of any civil,
criminal, or other penalties, including but not limited to criminal prosecution or disciplinary action by the
cabinet or an occupational or professional licensing board, for engaging in the following conduct:
(a) Operating, navigating, or being in actual physical control of any aircraft, vehicle, vessel, or any other
device known, or hereafter invented, that is powered by machinery and that is or may be used to
transport persons or property while under the influence of medicinal cannabis;
(b) Consuming medicinal cannabis while operating, navigating, or being in actual physical control of an
aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery
and that is or may be used to transport persons or property;
(c) Possessing medicinal cannabis that is within the operator's arm's reach or requires less than a two (2)
step process to access while operating, navigating, or being in actual physical control of an aircraft,
vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that
is or may be used to transport persons or property;
(d) Undertaking any task under the influence of medicinal cannabis, when doing so would constitute
negligence or professional malpractice;
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal cannabis: CHAPTER 195
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1. On the grounds of any preschool or primary or secondary school, except as permitted in
accordance with policies enacted pursuant to KRS 218B.045(4);
2. In any correctional facility; or
3. On any property of the federal government;
(f) Using marijuana, if that person is not a registered qualified patient or visiting qualified patient;
(g) Using or consuming marijuana by smoking;[ or]
(h) Using or consuming marijuana by vaping while on any form of public transportation, in any public
place as defined in KRS 525.010, or in any place of public accommodation, resort, or amusement as
defined in KRS 344.130; or
(i) Cultivating marijuana unless that person is licensed by the cabinet as a cannabis cultivator or cannabis
producer pursuant to KRS 218B.080, 218B.085, and 218B.090 or is a cultivator or producer agent.
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the same as those established for
operating a motor vehicle under the influence of alcohol or any other substance in KRS 189A.010.
(3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be considered to be in
possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from
the legal protections afforded by this chapter.
(b) The odor or smell of uncombusted raw plant material shall not constitute evidence of use or
consumption of cannabis by smoking.
(c) If an individual uses or consumes marijuana by smoking or vaping while on any form of public
transportation, in any public place as defined in KRS 525.010, or in any place of public
accommodation, resort, or amusement as defined in KRS 344.130:
1. The cabinet may revoke the individual's registry identification card; and
2. The individual may be subject to prosecution under KRS 218A.1421 and 218A.1422.
(4) Nothing in this chapter supersedes statutory laws relating to driving while under the influence of intoxicants.
This chapter shall not prevent the enforcement of current laws pertaining to driving while intoxicated,
including KRS 183.061, 189.520, 189A.010, and 235.240.
(5) As used in this section:
(a) "Aircraft" has the same meaning as in KRS 183.011;
(b) "Vehicle" has the same meaning as in KRS 189.010; and
(c) "Vessel" has the same meaning as in KRS 235.010.
Section 4. KRS 218B.045 (Effective January 1, 2025) is amended to read as follows:
(1) A registered qualified patient or visiting qualified patient who uses medicinal cannabis shall be afforded all the
same rights under state and local law, including those guaranteed under KRS Chapter 344, as the individual
would have been afforded if he or she were solely prescribed pharmaceutical medications as they pertain to
drug testing required by any state or local law.
(2) A cardholder otherwise entitled to custody of, or visitation time or parenting time with, a minor child shall not
be denied that right, and there shall be no presumption of abuse, neglect, or dependency for conduct permitted
under this chapter unless the person's actions in relation to medicinal cannabis created an unreasonable danger
to the safety of the minor child as established by clear and convincing evidence.
(3) (a) For the purposes of medical care, including organ transplants, a patient's authorized use of medicinal
cannabis is the equivalent of the authorized use of any other medication used at the direction of a
practitioner.
(b) A health facility as defined in KRS 216B.015 may develop policies to allow a patient who is a
registered qualified patient or visiting qualified patient to use medicinal cannabis on the premises of the
health facility. ACTS OF THE GENERAL ASSEMBLY 8
(4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for his or her status as a
cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose
a monetary or licensing-related benefit under federal law or regulations.
(b) A school shall not be penalized or denied any benefit under state law for enrolling a cardholder.
(c) Each local board of education, [and ]each board of directors of a public charter school, and the
governing body of each certified nonpublic school shall, no later than December 1, 2024[July 1, 2024],
establish policies related to the use of medicinal cannabis by[to permit] a pupil who is a registered
qualified patient [to consume medicinal cannabis ]on school property[ as deemed necessary by the
pupil's parent or legal guardian]. Policies enacted pursuant to this paragraph shall either prohibit the
use of medicinal cannabis on school property or permit the use of medicinal cannabis on school
property by a pupil who is a registered qualified patient as deemed necessary by the pupil's parent or
legal guardian. If a local board of education, the board of directors of a public charter school, or the
governing body of a certified nonpublic school enacts a policy to permit the use of medicinal
cannabis by a pupil who is a registered qualified patient, that policy shall:
1. Require medicinal cannabis be administered:
a. i. By a school nurse or under the supervision of appropriate school staff; or
ii. By the parent or legal guardian of the pupil who is a registered qualified patient;
and
b. Out of view of other students; and
2. Include a process by which a school nurse or other school staff member may refuse to
administer or supervise the administration of medicinal cannabis.
Section 5. KRS 218B.050 is amended to read as follows:
(1) Except as provided in subsection (11) of this section, a physician or an advanced practice registered nurse who
is authorized to prescribe controlled substances under KRS 314.042 seeking to provide written certifications
for the use of medicinal cannabis shall apply to the same state licensing board that issued his or her
professional practice license, on a form prescribed by the state licensing board, for authorization to provide
written certifications for the use of medicinal cannabis.
(2) (a) A state licensing board shall approve an application for authorization to provide written certifications
for the use of medicinal cannabis if the application is complete and meets the requirements established
in administrative regulations promulgated by the state licensing board.
(b) A state licensing board shall not authorize an application for authorization to provide written
certifications for the use of medicinal cannabis if the applicant has an ownership or investment interest
in or compensation agreement with a cannabis business licensed under this chapter. A state licensing
board may consult with the cabinet to determine if an applicant has an ownership or investment interest
in or compensation agreement with a cannabis business.
(3) Authorization to provide written certifications for the use of medicinal cannabis granted under this section
shall expire and may be renewed in accordance with administrative regulations promulgated by a state
licensing board.
(4) A medicinal cannabis practitioner authorized by a state licensing board to provide written certifications for the
use of medicinal cannabis may only provide a patient with a written certification after the medicinal cannabis
practitioner has:
(a) Established a bona fide practitioner-patient relationship with the patient;
(b) Diagnosed the patient, or confirmed a diagnosis provided by another health care provider, with a
medical condition for which the medicinal cannabis practitioner believes that the patient is likely
to[may] receive safe and effective therapeutic or palliative benefit from the use of medicinal cannabis;
(c) Reviewed a report of information from the electronic monitoring system established pursuant to KRS
218A.202 related to the patient for a period of time that covers at least the twelve (12) months
immediately preceding the date of the report;
(d) Consulted with the patient, or the patient's custodial parent or legal guardian responsible for providing
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associated with medicinal cannabis, including possible interactions between medicinal cannabis and any
other drug or medication that the patient is taking at that time; and
(e) Obtained the consent of the patient's custodial parent or legal guardian responsible for providing
consent to treatment, if the patient is a minor child.
(5) A bona fide practitioner-patient relationship may be established following a referral from the patient's primary
care provider and may be maintained via telehealth. However, a bona fide practitioner-patient relationship
shall not be established via telehealth.
(6) (a) When issuing a written certification for the use of medicinal cannabis to a patient, the medicinal
cannabis practitioner shall use a form prescribed by the cabinet.
(b) An initial written certification for the use of medicinal cannabis shall be provided during the course of
an in-person examination of the patient by the medicinal cannabis practitioner. Subsequent written
certifications, including for the purpose of renewing a registry identification card, may be provided
electronically or during the course of a telehealth consultation.
(c) For the purpose of applying for a registry identification card, a written certification provided under this
section shall be valid for a period of not more than sixty (60) days. The medicinal cannabis practitioner
may renew a written certification for not more than three (3) additional periods of not more than sixty
(60) days each. Thereafter, the medicinal cannabis practitioner may issue another certification to the
patient only after an in-person examination or an examination conducted via telehealth of the patient by
the medicinal cannabis practitioner.
(d) Within twenty-four (24) hours of providing a patient with a written certification for the use of medicinal
cannabis, a medicinal cannabis practitioner shall record the issuance of the written certification in the
electronic monitoring system established pursuant to KRS 218A.202.
(7) A medicinal cannabis practitioner shall not:
(a) Dispense medicinal cannabis; or
(b) Provide a written certification for the use of medicinal cannabis to a family member or for himself or
herself.
(8) Nothing in this chapter shall prevent a medicinal cannabis practitioner from being sanctioned for:
(a) Issuing a written certification without first obtaining authorization to provide written certifications from
a state licensing board;
(b) Issuing a written certification to a patient with whom the medicinal cannabis practitioner does not have
a bona fide practitioner-patient relationship;
(c) Failing to properly evaluate a patient's medical history and current medical condition, including all
prescription drugs that the patient is currently taking, prior to issuing a written certification;
(d) Otherwise failing to use good faith in his or her treatment of the patient; or
(e) Any other violation of this section.
(9) A state licensing board may suspend or revoke a medicinal cannabis practitioner's authorization to provide
written certification for the use of medicinal cannabis and practice license for multiple violations or a serious
violation of this section or administrative regulations promulgated thereunder.
(10) The state licensing boards shall:
(a) No later than July 1, 2024, promulgate administrative regulations in accordance with KRS Chapter 13A
to establish:
1. Procedures for applying for authorization to provide written certifications;
2. The conditions that must be met to be eligible for authorization to provide written certifications;
3. The process and procedures for renewing authorization to provide written certifications;
4. Continuing education requirements for medicinal cannabis practitioners who are authorized to
provide written certifications; ACTS OF THE GENERAL ASSEMBLY 10
5. The reasons for which authorization to provide written certifications for the use of medicinal
cannabis may be suspended or revoked; and
6. The minimal standards of care when providing written certifications including record
maintenance and follow-up care requirements;
(b) On a regular basis, provide the cabinet with the names of all medicinal cannabis practitioners; and
(c) Immediately provide the cabinet with the name of any medicinal cannabis practitioner whose
authorization to provide written certifications is suspended or revoked.
(11) This section does not apply to a practitioner who recommends treatment with cannabis or a drug derived from
cannabis under any of the following that are approved by an investigational review board or equivalent entity,
the United States Food and Drug Administration, or the National Institutes for Health or any of its cooperative
groups or centers under the United States Department of Health and Human Services:
(a) A research protocol;
(b) A clinical trial;
(c) An investigational new drug application; or
(d) An expanded access submission.
(12) As used in this section, "telehealth" has the same meaning as in KRS 211.332.
Section 6. KRS 218B.055 (Effective January 1, 2025) is amended to read as follows:
(1) Except as provided in subsection (5) of this section, no person shall possess, purchase, acquire, or otherwise
engage or assist in the use of medicinal cannabis in Kentucky without first applying for and receiving a
registry identification card issued by the cabinet.
(2) A person shall be eligible to apply for a registry identification card as a registered qualified patient if he or she
is a resident of Kentucky, has obtained a written certification from a medicinal practitioner with whom he or
she has a bona fide practitioner-patient relationship, and has not been convicted of a disqualifying felony
offense.
(3) (a) Except as provided in paragraph (b) of this subsection, a person shall be eligible to apply for a registry
identification card as a designated caregiver if he or she is a resident of Kentucky, is at least twenty-one
(21) years of age, has not been convicted of a disqualifying felony offense, and has agreed to assist no
more than three (3) registered qualified patients with the use of medicinal cannabis.
(b) Any person who has been appointed as a guardian, limited guardian, conservator, or limited conservator
under KRS Chapter 387 shall be eligible to be designated as a designated caregiver by the individual for
whom they have been appointed as a guardian, limited guardian, conservator, or limited conservator.
(4) A person shall be eligible to apply for a registry identification card as a visiting qualified patient if he or she is
not a resident of Kentucky or has been a resident of Kentucky for less than thirty (30) days, is at least twenty-
one (21) years of age, has not been convicted of a disqualifying felony offense, possesses a valid out-of-state
registry identification card, and possesses documentation of having been diagnosed with a qualifying medical
condition.
(5) A person with a valid out-of-state registry identification card and documentation of having been diagnosed
with a qualifying medical condition may use his or her out-of-state registry identification card for all purposes
established in this chapter and shall not be required to apply for or receive a visiting qualified patient registry
identification card from the cabinet.
(6) To apply for or renew a registry identification card, a qualified patient shall submit the following, in
accordance with administrative regulations promulgated by the cabinet:
(a) The name, address, and date of birth of the qualified patient, except that if the applicant is homeless an
address where the applicant may be reached shall be provided to the cabinet;
(b) A written certification issued by a medicinal cannabis practitioner within sixty (60)[ninety (90)] days
immediately preceding the date of an application;
(c) The name, address, and telephone number of the qualified patient's medicinal cannabis practitioner; CHAPTER 195
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(d) The name, address, and date of birth of not more than two (2) individuals chosen by the qualified
patient to be designated as a caregiver, if the qualified patient chooses to designate a caregiver, except
that if an individual has been appointed as a guardian, limited guardian, conservator, or limited
conservator under KRS Chapter 387, the qualified patient shall choose that individual as a designated
caregiver;
(e) A statement, signed by the qualified patient, pledging not to divert medicinal cannabis to anyone who is
not permitted to possess medicinal cannabis pursuant to this chapter. The statement shall contain a
listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis;
(f) A statement, signed by the individuals chosen by the qualified patient to be designated as a caregiver, if
any, agreeing to be designated as the patient's designated caregiver and pledging not to divert medicinal
cannabis to anyone other than the registered qualified patient to whom the caregiver is connected
through the cabinet's registration process. The statement shall contain a listing of potential penalties,
including criminal prosecution, for diverting medicinal cannabis; and
(g) The application or renewal fee for a registry identification card for a qualified patient and the
application or renewal fee for a registry identification card for any designated caregiver chosen by the
qualified patient.
(7) To apply for or renew a registry identification card, a qualified patient who is under eighteen (18) years of age
shall, in addition to the information required under subsection (6) of this section, submit:
(a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal
cannabis practitioner who provided the written certification for the use of medicinal cannabis; and
(b) A statement signed by the custodial parent or legal guardian with responsibility for health care decisions
for the qualified patient attesting to the fact that the custodial parent or legal guardian agrees to:
1. Allow the qualified patient to use medicinal cannabis;
2. Serve as the qualified patient's designated caregiver; and
3. Control the acquisition, dosage, and frequency of use of medicinal cannabis by the qualified
patient.
(8) To apply for or renew a registry identification card, a visiting qualified patient shall submit the following, in
accordance with administrative regulations promulgated by the cabinet:
(a) The name, address, and date of birth of the visiting qualified patient, except that if the applicant is
homeless an address where the applicant may be reached shall be provided to the cabinet;
(b) A copy of his or her valid out-of-state registry identification card;
(c) Proof that he or she has been diagnosed with a qualifying medical condition;
(d) The application or renewal fee for a registry identification card for a visiting qualified patient; and
(e) A statement, signed by the visiting qualified patient, pledging not to divert medicinal cannabis to
anyone who is not permitted to possess medicinal cannabis pursuant to this chapter. The statement shall
contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis.
(9) The application for qualified patients' registry identification cards shall ask whether the patient would like the
cabinet to notify him or her of any clinical studies needing human subjects for research on the use of medicinal
cannabis. The cabinet shall notify interested patients if it is aware of studies that will be conducted in the
United States.
(10) A registered qualified patient applying to renew a registry identification card issued by the cabinet shall be
required to submit to the cabinet a written certification issued by a medicinal cannabis practitioner within sixty
(60)[ninety (90)] days immediately preceding the date of a renewal application.
Section 7. KRS 218B.060 is amended to read as follows:
(1) The cabinet shall establish, implement, and operate a registry identification card program, including registry
identification card application and renewal fees, for registered qualified patients, visiting qualified patients,
and designated caregivers. Registry identification card application and renewal fees collected by the cabinet
pursuant to this section shall be retained by the cabinet for administrative purposes. ACTS OF THE GENERAL ASSEMBLY 12
(2) Registry identification cards shall contain the following:
(a) The name of the cardholder;
(b) A designation of whether the cardholder is a registered qualified patient, visiting qualified patient, or
designated caregiver;
(c) The date of issuance and expiration date of the registry identification card;
(d) A random alphanumeric identification number of at least ten (10) characters, containing at least four (4)
numbers and at least four (4) letters, that is unique to the cardholder;
(e) A bar code or other marking that can be scanned electronically;
(f) A photograph of the cardholder, if the cabinet's administrative regulations require one;
(g) The telephone number and website address for the electronic monitoring system established pursuant to
KRS 218A.202;
(h) If the cardholder is a registered qualified patient who has designated one (1) or more designated
caregivers, the random alphanumeric identification number of the patient's designated caregivers;
(i) If the cardholder is a designated caregiver, the random alphanumeric identification number of the
registered qualified patient the designated caregiver is receiving the registry identification card to assist;
and
(j) If the cardholder is under eighteen (18) years of age, a clear and obvious designation or identifier
indicating that the cardholder is under eighteen (18) years of age.
(3) (a) Except as provided in paragraph (b) of this subsection, the expiration date for registry identification
cards shall be one (1) year after the date of issuance.
(b) If a medicinal cannabis practitioner states in the written certification that the qualified patient would
benefit from the use of medicinal cannabis until a specified earlier date, then the registry identification
card shall expire on that date.
(4) The cabinet may, at its discretion, electronically store in the card all of the information listed in subsection (2)
of this section, along with the address and date of birth of the cardholder, to allow it to be read electronically
by law enforcement agents and licensed cannabis businesses.
[(5) (a) The cabinet shall operate a provisional registration receipt system for registered qualified patients,
designated caregivers, and visiting qualified patients that shall be valid for forty-five (45) days, or until
a permanent card can be issued, as if it is a registry identification card issued by the cabinet. This
program shall be implemented and operational simultaneously with the cabinet's implementation of the
registry identification card program established in this section. A provisional registration receipt shall
contain the following:
1. A temporary licensure number;
2. A barcode or other marking that can be scanned electronically;
3. The name of the applicant;
4. A designation of whether the cardholder is a registered qualified patient, visiting qualified
patient, or designated caregiver;
5. If the cardholder is under eighteen (18) years of age, a clear and obvious designation or identifier
indicating that the cardholder is under eighteen (18) years of age;
6. The effective date of the receipt;
7. The expiration date of the receipt;
8. An indication that the cardholder fee has been paid;
9. An indication that the application has been submitted and is apparently complete; and
10. The name of the certifying medicinal cannabis practitioner.
(b) The registration receipt system shall be designed so that this provisional registration receipt shall be
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certification for the use of medicinal cannabis and payment of the cardholder fee. To reduce application
errors and processing time, a medicinal cannabis practitioner or a dispensary may offer a service that
allows an applicant to use a computer and printer on the premises of the medicinal cannabis
practitioner's office or dispensary to complete an application and receive a provisional registration
receipt pursuant to this subsection.
(c) Notwithstanding any other provision of this chapter, a valid provisional registration receipt issued
pursuant to this subsection shall convey to the individual whose name appears on the provisional
registration receipt all of the same rights and privileges as a registry identification card issued by the
cabinet and shall be accepted by a cannabis business in place of a registry identification card.]
Section 8. KRS 218B.065 (Effective January 1, 2025) is amended to read as follows:
(1) Except as provided in subsections (2) to (5) of this section, the cabinet shall:
(a) Acknowledge receipt of an application within fifteen (15) days of receipt, and approve or deny an
application or renewal within thirty (30) days of receiving a completed application or renewal
application; and
(b) Issue registry identification cards to a qualified patient and any individual designated by the qualified
patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the
application or renewal. An individual designated as a caregiver shall be issued a designated caregiver
registry identification card for each registered qualified patient to whom he or she is connected through
the cabinet's registration process.
(2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen
(18) years of age unless:
(a) The custodial parent or legal guardian with responsibility for health care decisions for the qualified
patient consents in writing to:
1. Allow the qualified patient's use of medicinal cannabis;
2. Serve as the qualified patient's designated caregiver; and
3. Control the acquisition of the medicinal cannabis, the dosage, and the frequency of the use by the
qualified patient; and
(b) The designated caregiver application for the custodial parent or legal guardian with responsibility for
health care decisions for the qualified patient is approved.
(3) The cabinet may deny an application or renewal for a qualified patient's or visiting qualified patient's registry
identification card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient,
including but not limited to if the applicant:
(a) Did not provide the information or materials required by KRS 218B.055;
(b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS 218B.055.
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet may deny an application or renewal
for a designated caregiver's registration card for any reason that the cabinet, in the exercise of sound
discretion, deems sufficient, including but not limited to if the applicant:
1. Is already registered as a designated caregiver for three (3) registered qualified patients;
2. Does not meet the eligibility requirements established in KRS 218B.055;
3. Did not provide the information or materials required by KRS 218B.055;
4. Previously had a registry identification card revoked;
5. Provided false or falsified information;
6. Was previously convicted of a disqualifying felony offense; or ACTS OF THE GENERAL ASSEMBLY 14
7. Has applied as a designated caregiver for a qualified patient whose application or renewal for a
registry identification card was denied.
(b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an application or renewal
for a designated caregiver's registration card if the applicant has applied as a designated caregiver for a
qualified patient for who the applicant has been appointed under KRS Chapter 387 as a guardian,
limited guardian, conservator, or limited conservator.
(5) The cabinet may deny an application or renewal for a visiting qualified patient's registration card for any
reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the
applicant:
(a) Did not provide the information or materials required by KRS 218B.055;
(b) Previously had a registry identification card revoked;
(c) Provided false or falsified information; or
(d) Does not meet the eligibility requirements established in KRS 218B.055.
(6) The cabinet may conduct a criminal background check for each[of any] applicant [if the criminal background
check is conducted ]solely to determine whether the applicant was previously convicted of a disqualifying
felony offense.
(7) The cabinet shall notify the registered qualified patient who has designated someone to serve as his or her
designated caregiver if the individual designated as a caregiver is denied a registry identification card.
(8) The cabinet shall notify the applicant in writing of the denial and reasons by registered or certified mail at the
address given in the application or supplement. The applicant may, within thirty (30) days after the date of the
mailing of the cabinet's notice, file a written request for an administrative hearing on the application. The
hearing shall be conducted on the application in compliance with the requirements of KRS Chapter 13B.
(9) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and
venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides.
Section 9. KRS 218B.070 (Effective January 1, 2025) is amended to read as follows:
(1) Cardholders shall be required to make the following notifications to the cabinet:
(a) A cardholder shall notify the cabinet of any change in his or her name or address;
(b) A registered qualified patient shall notify the cabinet within thirty (30) days if he or she ceases to suffer
from the medical condition for which a medicinal cannabis practitioner provided a written certification;
(c) A registered qualified patient shall notify the cabinet if he or she wishes to terminate a designated
caregiver relationship with an individual who has been designated as his or her caregiver;
(d) A designated caregiver shall notify the cabinet within thirty (30) days if he or she becomes aware that a
registered qualified patient to whom the caregiver is connected through the cabinet's registration process
has died or has ceased to suffer from the medical condition for which a medicinal cannabis practitioner
provided a written certification; and
(e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten
(10) days of becoming aware the card has been lost.
(2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of subsection (1) of this section,
the cardholder shall, within ten (10) days of notification, return any unused medicinal cannabis products to a
licensed dispensary for destruction.
(3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) of subsection (1) of this
section, but remains eligible under this chapter, the cabinet shall issue the cardholder a new registry
identification card with a new random ten (10) character alphanumeric identification number. If the cabinet
issues a new registry identification card to a registered qualified patient, the cabinet shall also issue a new
registry identification card with a new ten (10) character alphanumeric number to the registered qualified
patient's designated caregiver. New registry identification cards issued under this subsection shall be issued by
the cabinet within ten (10) days of receiving the updated information.
(4) If a registered qualified patient ceases to be a registered qualified patient or changes his or her designated
caregiver, the cabinet shall promptly notify the designated caregiver in writing. The designated caregiver's CHAPTER 195
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protections under this chapter as to that registered qualified patient shall expire fifteen (15) days after
notification by the cabinet.
(5) (a) [If ]A medicinal cannabis practitioner who provided a written certification to a patient shall, within
thirty (30) days of having knowledge of the facts, notify[notifies] the cabinet in writing that the
registered qualified patient has died, ceased to suffer from the medical condition for which a medicinal
cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no
longer believes the patient is likely to[might] receive safe and effective therapeutic or palliative benefit
from the use of medicinal cannabis.[, ]
(b) If the cabinet receives written notification required by paragraph (a) of this subsection, the cabinet
shall promptly notify the registered qualified patient in writing. The registered qualified patient's
protections under this chapter shall expire fifteen (15) days after notification by the cabinet, and the
registered qualified patient shall have fifteen (15) days to dispose of or donate his or her medicinal
cannabis to a dispensary.
Section 10. KRS 218B.090 (Effective January 1, 2025) is amended to read as follows:
(1) The cabinet shall:
(a) Acknowledge receipt of an application for a cannabis business license within fifteen (15) days of
receipt;[ and]
(b) Provide notification to the cannabis business license applicant as to whether the application for a
cannabis business license has been approved or denied within forty-five (45) days of receiving a
completed application; and
(c) When reviewing and considering cannabis business applications, prioritize the review of applications
submitted by an individual or entity who is an existing Kentucky hemp business in good standing
with the Kentucky Department of Agriculture, if they meet the application requirements set forth in
this chapter and administrative regulations promulgated by the cabinet thereunder.
(2) The cabinet may deny an application for a cannabis business license for any reason that the cabinet, in the
exercise of sound discretion, deems sufficient, including but not limited to:
(a) The applicant failed to submit the materials required by KRS 218B.085, including if the applicant's
plans do not satisfy the security, oversight, or recordkeeping administrative regulations promulgated by
the cabinet;
(b) The applicant falsifies information on the licensure application;
(c) The applicant would not be in compliance with local cannabis business prohibitions enacted pursuant to
KRS 218B.130;
(d) One (1) or more of the prospective principal officers or board members:
1. Has been convicted of a disqualifying felony offense, the provisions of KRS 335B.020 and
335B.030 notwithstanding;
2. Has served as a principal officer or board member for a cannabis business that has had its license
revoked;
3. Is younger than twenty-one (21) years of age; or
4. Is a medicinal cannabis practitioner; or
(e) 1. For a safety compliance facility, one (1) or more of the prospective principal officers or board
members is a principal officer or board member of a cultivator, processor, producer, or
dispensary licensed to operate in Kentucky.
2. For a cultivator, processor, producer, or dispensary, one (1) or more of the prospective principal
officers or board members is a principal officer or board member of a safety compliance facility
licensed to operate in Kentucky.
(3) If a cannabis business license application is approved: ACTS OF THE GENERAL ASSEMBLY 16
(a) The cannabis business shall, before it begins operations, submit its complete physical address and the
global positioning system coordinates for any cultivation activities if a physical address or the global
positioning system coordinates for any cultivation activities had not been finalized when it applied; and
(b) The cabinet shall:
1. Issue a copy of the license that includes the business's identification number to the approved
cannabis business;
2. Provide a licensed dispensary with contact and access information for the electronic monitoring
system established pursuant to KRS 218A.202; and
3. Provide notice of licensure approval and issuance to the city and county in which the cannabis
business intends to operate.
(4) If a cannabis business license application is denied, the cabinet shall notify the applicant in writing of a license
denial and reasons by registered or certified mail at the address given in the application or supplement. The
applicant may, within thirty (30) days after the mailing of the cabinet's notice, file a written request for an
administrative hearing on the application. The hearing shall be conducted on the application in compliance
with the requirements of KRS Chapter 13B. Final orders of the cabinet after administrative hearings shall be
subject to judicial review as provided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in
the Circuit Court of the county in which the applicant's business would be located.
(5) Notwithstanding any provision of law to the contrary, a cannabis business licensed by the cabinet pursuant
to this chapter shall be subject to and required to comply with:
(a) Any subsequent action that may be taken pursuant to subsection (2)(a) of Section 13 of this Act by
the local government within whose territory the cannabis business is licensed to operate if such
action is taken prior to January 1, 2025, including but not limited to the prohibition of cannabis
business operations within the territory of the local government; and
(b) Any local zoning ordinances and regulations that may be adopted pursuant to subsection (2)(b) of
Section 13 of this Act by the local government within whose territory the cannabis business is
licensed to operate.
Section 11. KRS 218B.100 (Effective January 1, 2025) is amended to read as follows:
(1) (a) Cannabis businesses shall be subject to reasonable inspection and investigation by the cabinet pursuant
to this subsection and the cabinet's procedures or administrative regulations.
(b) The cabinet may inspect any licensed cannabis business premises without having to first obtain a search
warrant.
(c) The executive director of the Office of Medical Cannabis, or the executive director's authorized
representatives, shall have the authority to:
1. Enter any cannabis business without delay or advance notice during regular working hours
and at other reasonable times to:
a. Inspect the premises;
b. Privately question any owner, operator, agent, or employee of the cannabis business or
an employee's representative; and
c. Investigate conditions, facts, materials, practices, or other matters deemed appropriate
by the cabinet;
to determine if the cannabis business is operating in compliance with this chapter and any
administrative regulations promulgated thereunder;
2. Apply to the Circuit Court in the county in which the cannabis business is located for an order
to enforce the right of entry if the cannabis business refuses entry as permitted in this
subsection;
3. Following the completion of an inspection or investigation, confiscate, possess, transport, and
destroy any medicinal cannabis deemed by the executive director, or the executive director's
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transporting, safety compliance, or dispensary sale standards established in this chapter or any
administrative regulation promulgated thereunder;
4. Administer oaths, examine witnesses under oath, take depositions, certify official acts, review
records and accounts, take photographs, and secure any other evidence deemed necessary to
evaluate compliance with this chapter and any administrative regulations promulgated
thereunder; and
5. Issue subpoenas to compel the:
a. Attendance of witnesses and parties; and
b. Production of books, accounts, correspondence, memoranda, and other materials or
records considered necessary and relevant to a matter under investigation by the
cabinet.
(d) If a witness or party fails to comply with a subpoena issued by the executive director or the executive
director's authorized representatives, the executive director or the executive director's authorized
representatives may petition the Circuit Court of the county in which the witness or party is located to
compel compliance with the subpoena. Failure of a witness or party to comply with an order of the
court issued pursuant to this paragraph shall constitute a basis for a finding of contempt by the court
under KRS 432.230. In any proceeding brought before a Circuit Court under this paragraph, the
court may modify or set aside the subpoena.
(2) The cabinet may, on its own motion or on complaint and[,] after investigation, [and opportunity for a public
hearing at which the cannabis business has been afforded an opportunity to appear and be heard pursuant to
KRS Chapter 13B, ]suspend or revoke a cannabis business license for multiple violations or a serious violation
of this chapter or any administrative regulations promulgated thereunder by the licensee or any of its agents. A
suspension shall not be for a period of time longer than six (6) months.
(3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, as well as the required notice
of the hearing, by mailing, via certified mail, the same in writing to the cannabis business at the address on the
license. The cannabis business may, within thirty (30) days after the date of the mailing of the cabinet's notice,
file a written request for an administrative hearing regarding the suspension, revocation, fine, or other penalty.
The hearing shall be conducted in compliance with the requirements of KRS Chapter 13B.
(4) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and
venue for judicial review are vested in the Circuit Court of the county in which the cannabis business is
physically located.
(5) A cultivator may continue to cultivate and possess cannabis plants during a suspension, but it shall not transfer
or sell medicinal cannabis during a suspension.
(6) A dispensary may continue to possess its existing medicinal cannabis inventory during a suspension, but it
shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis during a
suspension.
(7) A processor may continue to process and possess its existing medicinal cannabis inventory during a
suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal
cannabis products during a suspension.
(8) A producer may continue to cultivate, process, and possess cannabis plants and its existing medicinal cannabis
inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or
sell medicinal cannabis during a suspension.
(9) A safety compliance facility may continue to possess medicinal cannabis during a suspension, but it shall not
receive any new medicinal cannabis, test or otherwise analyze medicinal cannabis, or transfer or transport
medicinal cannabis during a suspension.
Section 12. KRS 218B.110 (Effective January 1, 2025) is amended to read as follows:
(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be subject to prosecution under
state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or
penalty in any manner, or be denied any right or privilege, including but not limited to a civil penalty or ACTS OF THE GENERAL ASSEMBLY 18
disciplinary action by a court or business licensing board, for acting pursuant to this chapter and the cabinet's
administrative regulations for:
(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or producer in this state;
(b) Acquiring or possessing medicinal cannabis accessories or educational material;
(c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis, medicinal cannabis
accessories, and educational material to cardholders or other dispensaries;
(d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis in this state or in any
other jurisdiction; or
(e) Acquiring, accepting, or receiving medicinal cannabis products from a cardholder, except that a
dispensary may not offer anything of monetary value in return for medicinal cannabis received from a
cardholder. Any medicinal cannabis received by a dispensary under this paragraph or pursuant to KRS
218B.070 shall be destroyed by the dispensary or its agents and shall not be sold, dispensed, or
distributed to another cardholder.
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall:
(a) Maintain records that include specific notations of the amount of medicinal cannabis being dispensed to
a cardholder and whether it was dispensed directly to a registered qualified patient or visiting qualified
patient, or to a registered qualified patient's designated caregiver. Each entry shall include the date and
time the medicinal cannabis was dispensed. The data required to be recorded by this paragraph shall be
entered into the electronic monitoring system established pursuant to KRS 218A.202 in accordance
with administrative regulations promulgated by the cabinet for the recording of medicinal cannabis
dispensing;
(b) Only dispense or sell medicinal cannabis after it has been checked by a safety compliance facility agent
for cannabinoid contents and contaminants in accordance with administrative regulations promulgated
by the cabinet;
(c) Only dispense or sell medicinal cannabis to a registered qualified patient, visiting qualified patient, or
designated caregiver after making a diligent effort to verify:
1. That the registry identification card or, for visiting qualified patients, the out-of-state registry
identification card presented to the dispensary is valid, including by checking the verification
system, if it is operational, or other cabinet-designated databases;
2. That the person presenting the registry identification card or, for visiting qualified patients, the
out-of-state registry identification card is at least eighteen (18) years of age and is the person
identified on the registry identification card by examining at least one (1) other form of
government-issued photo identification; and
3. The amount of medicinal cannabis the person is legally permitted to purchase pursuant to KRS
218B.025 by checking the electronic monitoring system established pursuant to KRS 218A.202;
(d) 1. Upon dispensing medicinal cannabis to a cardholder:
a. Provide the cardholder with a copy of the Medicinal Cannabis Advisory Pamphlet
described in subsection (2)(b) of Section 14 of this Act if:
i. It is the first time the patient has purchased medicinal cannabis from the
dispensary;
ii. It has been more than twelve (12) months since the dispensary last provided the
cardholder with a copy of the pamphlet; or
iii. The content of the pamphlet has materially changed since the dispensary last
provided the cardholder with a copy of the pamphlet;
b. Obtain the cardholder's signature as required by subsection (2)(b) of Section 14 of this
Act; and
c. Retain the signature form as required by subsection (2)(b) of Section 14 of this Act. CHAPTER 195
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2. The advisory pamphlet required to be provided to cardholders under subparagraph 1. of this
paragraph may be provided electronically, and dispensaries may obtain and retain electronic
signatures;
(e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport:
1. Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent
(35%);
2. Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with
more than ten (10) milligrams of delta-9 tetrahydrocannabinol per serving;
3. Any medicinal cannabis product not described in subparagraph 1. or 2. of this paragraph with a
delta-9 tetrahydrocannabinol content of more than seventy percent (70%); or
4. Any medicinal cannabis product that contains vitamin E acetate;
(f)[(e)] Not acquire medicinal cannabis from any person other than a cannabis business licensed under
this chapter, or an agent thereof, a registered qualified patient, or a designated caregiver;
(g)[(f)] Not sell or dispense medicinal cannabis products intended for consumption by vaporizing to a
cardholder who is younger than twenty-one (21) years of age or to a designated caregiver for a
registered qualified patient who is younger than twenty-one (21) years of age;
(h)[(g)] Not dispense or sell medicinal cannabis to a minor;
(i)[(h)] Not dispense or sell more medicinal cannabis to a cardholder than he or she is legally permitted
to purchase at the time of the transaction; and
(j)[(i)] Not rent office space to a medicinal cannabis practitioner.
(3) (a) A dispensary may operate a delivery service for cardholders and may deliver medicinal cannabis,
medicinal cannabis accessories, and educational material to cardholders at the address identified on the
cardholder's registry identification.
(b) All delivery services operated or offered by a dispensary shall comply with administrative regulations
promulgated by the cabinet pursuant to this section and KRS 218B.140.
(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), (f), [or ](g), or (h) of this
section, the dispensary and dispensary agent are liable in a civil action for compensatory and punitive damages
and reasonable attorney's fees to any person or the representative of the estate of any person who sustains
injury, death, or loss to person or property as a result of the failure to comply with subsection (2)(c), (d), (e),
(f), [or ](g), or (h) of this section. In any action under this subsection, the court may also award any injunctive
or equitable relief that the court considers appropriate.
(5) Notwithstanding any provision of law to the contrary, a dispensary licensed pursuant to this chapter prior to
January 1, 2025, shall not be permitted to open to the public or otherwise engage in the practice of
dispensing medicinal cannabis to cardholders in the Commonwealth before January 1, 2025, except the
provisions of this subsection shall not prohibit a licensed dispensary from acquiring or possessing
medicinal cannabis products prior to January 1, 2025.
Section 13. KRS 218B.130 is amended to read as follows:
(1) For the purposes of this section, "local government" means a city, county, urban-county government,
consolidated local government, charter county government, or unified local government.
(2) A local government[ may]:
(a) Prior to the cabinet issuing a license to a cannabis business to conduct business operations within its
territory, may:[Enact ordinances not in conflict with this chapter or with the cabinet's administrative
regulations, regulating the time, place, and manner of cannabis business operations, except that a local
government shall not enact ordinances that impose an undue burden or make cannabis business
operations unreasonable or impractical;]
1.[(b)] Prohibit all cannabis business operations within its territory through the passage of an ordinance;
or ACTS OF THE GENERAL ASSEMBLY 20
2.[(c)] Enact resolutions directing that the question of prohibiting cannabis businesses from operating
within its territory be submitted to the voters of its territory at the next regular election pursuant
to subsection (3)(b)[(5)(j)] of this section;
except as provided in subsection (5) of Section 10 of this Act; and
(b) Within whose territory cannabis business operations are permitted, may enact ordinances:
1. That are not less restrictive than this chapter or any administrative regulations promulgated
thereunder, relating to the time, place, and manner of cannabis business operations, except
that a local government shall not, except as permitted in paragraph (a) of this subsection,
enact ordinances that impose an undue burden or make cannabis business operations
unreasonable or impractical; and
2. To establish and assess reasonable local fees to compensate for any additional costs caused by
the operation of cannabis businesses within its territory. Any fees assessed pursuant to this
subparagraph shall not exceed the additional costs caused by the operation of cannabis
businesses.
(3) (a) If a county, consolidated local government, charter county government, or unified local government
prohibits all cannabis business operations, the legislative body of a city located within the county,
consolidated local government, charter county government, or unified local government may:
1.[(a)] Approve cannabis business operations within the limits of the city through the passage of an
ordinance; or
2.[(b)] Enact resolutions directing that the question of allowing cannabis businesses to operate within
the limits of the city be submitted to the voters who are eligible to vote in that city's elections at
the next regular election pursuant to paragraph (b) of this subsection[ (5)(j) of this section].
(b) If, not later than the second Tuesday in August preceding the day established for a regular election,
the county clerk has received a local government resolution pursuant to subsection (2) of this section
or paragraph (a) of this subsection, the county clerk shall have prepared to place before the voters of
the affected territory at the next regular election the question, which shall be "Are you in favor of the
sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in
(affected territory)? Yes....No....". The county clerk shall cause to be published in accordance with
KRS Chapter 424, at the same time as the remaining voter information, the full text of the proposal.
The county clerk shall cause to be posted in each polling place one (1) copy of the full text of the
proposal.
(4) If a local government legislative body with jurisdiction prohibits cannabis business operations through the
passage of an ordinance, a public question that is initiated by petition and that proposes allowing a cannabis
business to operate within the affected territory is authorized.
(5) A public question that is initiated by petition and is authorized by subsection (4) of this section shall be
submitted to the voters within the affected territory at the next regular election by complying with the
following requirements:
(a) Before a petition for submission of the proposal may be presented for signatures, an intent to circulate
the petition, including a copy of the unsigned petition, shall be filed with the county clerk of the
affected territory by a[any] person or group of persons who have been registered to vote in the affected
territory for at least the previous twelve (12) months seeking the submission of the public question.
The statement of intent shall include the addresses of the person or group of persons and shall specify
the person or group of persons, as well as the address, to whom all notices are to be sent. Within ten
(10) days after the intent to circulate the petition is filed, the county clerk shall deliver a copy of the
intent to circulate the petition, including a copy of the unsigned petition, to the legislative body of the
affected territory;
(b) The petition shall set out in full the following question: "Are you in favor of overturning the decision
of the local government legislative body and allowing the sale of medicinal cannabis at a licensed
dispensary and the operation of other cannabis businesses in (affected territory)?";
(c) The petition for the submission of the proposal shall be signed by a number of constitutionally qualified
voters of the territory to be affected equal to ten percent (10%)[five percent (5%)] of registered voters
for the affected territory; CHAPTER 195
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(d) Each signature shall be executed in ink or indelible pencil and shall be followed by the legibly printed
name of each voter, followed by the voter's residence address, year of birth, and the correct date upon
which the voter's name was signed;
(e) No petition for the submission of the proposal shall be circulated for more than six (6) months prior to
its filing;
(f) After a petition for the submission of the proposal has received no fewer than the number of qualifying
signatures required by paragraph (c) of this subsection, the signed petition shall be filed with the county
clerk. When it is filed, each sheet of the petition shall have an affidavit executed by the circulator
stating that he or she personally circulated the sheet, the number of signatures thereon, that all
signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures
of registered voters within the affected territory, and that each signer had an opportunity before signing
to read the full text of the proposal;
(g) No signer of the petition may withdraw his or her name or have it taken from the petition after the
petition has been filed. If the name of any person has been placed on the petition for submission of the
public question without that person's authority, the person may, at any time prior to certification of
sufficiency of the petition by the county clerk as required by paragraph (h) of this subsection, request
the removal of his or her name by the county board of elections and, upon proof that the person's name
was placed on the petition without his or her authority, the person's name and personal information shall
be eliminated, and he or she shall not be counted as a petitioner;
(h) Within thirty (30) days after the petition is filed, the county clerk shall complete a certificate as to its
sufficiency or, if it is insufficient, specifying the particulars of the insufficiency, and shall send a copy
to the person or persons specified in the statement of intent to receive all notices and to the legislative
body of the affected territory, all by registered mail. A petition certified insufficient for lack of the
required number of valid signatures may be amended once by filing a supplemental petition upon
additional sheets within thirty (30) days after receiving the certificate of insufficiency. The
supplemental petition shall comply with the requirements applicable to the original petition and, within
ten (10) days after it is filed, the county clerk shall complete a certificate as to the sufficiency of the
petition as amended and promptly send a copy of the certificate to the person or persons specified to
receive all notices and to the legislative body of the affected territory by registered mail;
(i) A final determination as to the sufficiency of a petition shall be subject to review in the Circuit Court of
the county of the affected territory and shall be limited to the validity of the county clerk's
determination. A final determination of insufficiency shall not prejudice the filing of a new petition for
the same purpose; and
(j) If, not later than the second Tuesday in August preceding the day established for a regular election, the
county clerk has certified that a petition is sufficient[ or has received a local government resolution
pursuant to subsection (2) or (3) of this section], the county clerk shall have prepared to place before the
voters of the affected territory at the next regular election the question, which shall be "Are you in favor
of overturning the decision of the local government legislative body and allowing the sale of
medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected
territory)? Yes....No....". The county clerk shall cause to be published in accordance with KRS Chapter
424, at the same time as the remaining voter information, the full text of the proposal. The county clerk
shall cause to be posted in each polling place one (1) copy of the full text of the proposal.
(6) If the question submitted to the voters under subsection (3) or (5) of this section fails to pass, three (3) years
shall elapse before the question of medicinal cannabis sales and cannabis business operations may be included
on a regular election ballot for the affected territory.
(7) If the question submitted to the voters under subsection (3) or (5) of this section passes, medicinal cannabis
sales and cannabis business operations may be conducted in the affected territory, notwithstanding any local
government ordinances which prohibit all cannabis business operations within its territory.
(8) In circumstances where a county, consolidated local government, charter county government, or unified local
government prohibits cannabis business operations but a city within that county, consolidated local
government, charter county government, or unified local government approves cannabis business operations
either through the adoption of an ordinance or following the affirmative vote of a public question allowing
cannabis business operations, then: ACTS OF THE GENERAL ASSEMBLY 22
(a) The cannabis business operations may proceed within the limits of the city; and
(b) The county, consolidated local government, charter county government, or unified local government
may assess an additional reasonable fee to compensate for any additional corrections impact caused by
the approval of cannabis business operations. Any additional fees collected pursuant to this subsection
shall not exceed the additional corrections impact caused by the approval of cannabis business
operations.
(9) In circumstances where neither a city nor the county, urban-county government, consolidated local
government, charter county government, or unified local government in which the city is located prohibit
cannabis business operations, a cannabis business that is located within the jurisdiction of both the city and the
county shall only pay the reasonable established local fees of either the city or the county. The fee shall be
established, assessed, collected, and shared between the city and the county, in a manner to be negotiated
between the city and the county.
(10) The provisions of general election law shall apply to public questions submitted to voters under this section.
(11) If a local government elects, pursuant to subsection (2)(a) of this section, to prohibit cannabis business
operations within its territory, the local government shall notify the cabinet in writing of its decision to
prohibit cannabis business operations within five (5) days after passage of such an ordinance or after the
results of a ballot question to prohibit cannabis business operations are certified.
Section 14. KRS 218B.140 is amended to read as follows:
(1) No later than July 1, 2024, the cabinet shall:
(a) Ensure that the electronic monitoring system established pursuant to KRS 218A.202 is designed or
configured to enable:
1. Medicinal cannabis practitioners to record the issuance of written certifications to qualified
patients, as required by KRS 218B.050;
2. The cabinet and state licensing boards to monitor the issuance of written certifications by
medicinal cannabis practitioners;
3. Cabinet personnel, law enforcement personnel, and dispensary agents to verify the validity of
registry identification cards issued by the cabinet by entering a registry identification number to
determine whether or not the identification number corresponds with a current, valid registry
identification card. The system shall only disclose whether the identification card is valid and
whether the cardholder is a registered qualified patient, visiting qualified patient, or designated
caregiver;
4. Law enforcement personnel and dispensary agents to access medicinal cannabis sales data
recorded by dispensary agents pursuant to KRS 218B.110;
5. Dispensary agents to record the amount of medicinal cannabis that is dispensed to a cardholder
during each transaction as required by KRS 218B.110; and
6. The sharing of dispensing data recorded by dispensary agents pursuant to KRS 218B.110 with all
dispensaries in real time;
(b) Ensure that the electronic monitoring system established pursuant to KRS 218A.202 is designed to
facilitate the tracking of medicinal cannabis from the point of cultivation to the point of sale to
cardholders; and
(c) Promulgate administrative regulations in accordance with KRS Chapter 13A to establish:
1. Procedures for the issuance, renewal, suspension, and revocation of registry identification cards,
including the creation of a standardized:
a. Written certification form; and
b. Application form which the cabinet shall require to be notarized;
2. Procedures for the issuance and revocation of registry identification cards;
3. Procedures for the issuance, renewal, suspension, and revocation of cannabis business licenses,
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be notarized and minimal performance standards for a biennial accreditation process with all
such procedures subject to the requirements of KRS Chapters 13A and 13B;
4. A convenience fee to be assessed and collected by dispensaries for visiting qualified patients
who do not possess a valid registry identification card issued by the cabinet and who purchase
medicinal cannabis with an out-of-state registry identification card and documentation of having
been diagnosed with a qualifying medical condition. The convenience fee established pursuant to
this subparagraph shall not exceed fifteen dollars ($15) per transaction;
5. In collaboration with the Board of Physicians and Advisors[, the Kentucky Board of Medical
Licensure, the Kentucky Board of Nursing, and the Kentucky Center for Cannabis]:
a. A definition of the amount of medicinal cannabis or delta-9 tetrahydrocannabinol that
constitutes a daily supply, an uninterrupted ten (10) day supply, and an uninterrupted
thirty (30) day supply of medicinal cannabis; and
b. The amount of raw plant material that medicinal cannabis products are considered to be
equivalent to;
6. A process by which a medicinal cannabis practitioner may recommend, and a registered qualified
patient or his or her designated caregiver may legally purchase and possess, an amount of
medicinal cannabis in excess of the thirty (30) day supply of medicinal cannabis, if the medicinal
cannabis practitioner reasonably believes that the standard thirty (30) day supply would be
insufficient in providing the patient with uninterrupted therapeutic or palliative relief;
7. Provisions governing the following matters related to cannabis businesses with the goal of
protecting against diversion and theft, without imposing any undue burden that would make
cannabis business operations unreasonable or impractical on cannabis businesses or
compromising the confidentiality of cardholders:
a. Recordkeeping and inventory control requirements, including the use of the electronic
monitoring systems established pursuant to KRS 218A.202;
b. Procedures for the verification and validation of a registry identification card, or its
equivalent, that was issued pursuant to the laws of another state, district, territory,
commonwealth, or insular possession of the United States that allows for the use of
medicinal cannabis in the jurisdiction of issuance;
c. Security requirements for safety compliance facilities, processors, producers, dispensaries,
and cultivators, which shall include at a minimum lighting, video security, alarm
requirements, on-site parking, and measures to prevent loitering;
d. Procedures for the secure transportation, including delivery services provided by
dispensaries, and storage of medicinal cannabis by cannabis business licensees and their
employees or agents;
e. Employment and training requirements for licensees and their agents, including requiring
each licensee to create an identification badge for each of the licensee's agents or
employees; and
f. Restrictions on visits to licensed cultivation and processing facilities, including requiring
the use of visitor logs;
8. Procedures to establish, publish, and annually update a list of varieties of cannabis that possess a
low but effective level of tetrahydrocannabinol, including the substance cannabidiol, by
comparing percentages of chemical compounds within a given variety against other varieties of
cannabis;
9. A rating system that tracks the terpene content of at least the twelve (12) major terpenoids within
each strain of cannabis available for medicinal use within the Commonwealth;
10. Requirements for random sample testing of medicinal cannabis to ensure quality control,
including testing for cannabinoids, terpenoids, residual solvents, pesticides, poisons, toxins,
mold, mildew, insects, bacteria, and any other dangerous adulterant; ACTS OF THE GENERAL ASSEMBLY 24
11. Requirements for licensed cultivators, producers, and processors to contract with an independent
safety compliance facility to test the medicinal cannabis before it is sold at a dispensary. The
cabinet may approve the safety compliance facility chosen by a cultivator, producer, or processor
and require that the safety compliance facility report test results for a designated quantity of
medicinal cannabis to the cultivator, producer, or processor and cabinet;
12. Standards for the operation of safety compliance facilities which may include:
a. Requirements for equipment;
b. Personnel qualifications; and
c. Requiring facilities to be accredited by a relevant certifying entity;
13. Standards for the packaging and labeling of medicinal cannabis sold or distributed by cannabis
businesses which shall comply with 15 U.S.C. secs. 1471 to 1476 and shall include:
a. Standards for packaging that requires at least a two (2) step process of initial opening;
b. A warning label which may include the length of time it typically takes for the product to
take effect, how long the effects of the product typically last, and any other information
deemed appropriate or necessary by the cabinet;
c. The amount of medicinal cannabis the product is considered the equivalent to;
d. Disclosing ingredients, possible allergens, and certain bioactive components, including
cannabinoids and terpenoids, as determined by the cabinet;
e. A nutritional fact panel;
f. Opaque, child-resistant packaging;
g. A requirement that all raw plant material packaged or sold in this state be marked or
labeled as "NOT INTENDED FOR CONSUMPTION BY SMOKING";
h. A requirement that medicinal cannabis products be clearly marked with an identifiable
and standardized symbol indicating that the product contains cannabis;
i. A requirement that all medicinal cannabis product packaging include an expiration date;
and
j. A requirement that medicinal cannabis products and their packaging not be visually
reminiscent of major brands of edible noncannabis products or otherwise present an
attractive nuisance to minors;
14. Health and safety requirements for the processing of medicinal cannabis and the indoor
cultivation of medicinal cannabis by licensees;
15. Restrictions on:
a. Additives to medicinal cannabis that are toxic, including vitamin E acetate, or increase the
likelihood of addiction; and
b. Pesticides, fertilizers, and herbicides used during medicinal cannabis cultivation which
pose a threat to human health and safety;
16. Standards for the safe processing of medicinal cannabis products created by extracting or
concentrating compounds from raw plant material;
17. Standards for determining the amount of unprocessed raw plant material that medicinal cannabis
products are considered the equivalent to;
18. Restrictions on advertising, marketing, and signage in regard to operations or establishments
owned by licensees necessary to prevent the targeting of minors;
19. The requirement that evidence-based educational materials regarding dosage and impairment be
disseminated to registered qualified patients, visiting qualified patients, and designated
caregivers who purchase medicinal cannabis products;
20. Policies governing insurance requirements for cultivators, dispensaries, processors, producers,
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21. Standards, procedures, or restrictions that the cabinet deems necessary to ensure the efficient,
transparent, and safe operation of the medicinal cannabis program, except that the cabinet shall
not promulgate any administrative regulation that would impose an undue burden or make
cannabis business operations unreasonable or impractical.
(2) No later than January 1, 2025, the cabinet shall:
(a) Establish a medicinal cannabis adverse drug effects reporting system for the purpose of allowing
cardholders to report adverse drug effects via telephone or online; and
(b) In collaboration with the Board of Physicians and Advisors, produce the Medicinal Cannabis
Advisory Pamphlet which shall include but not be limited to:
1. Information on the risks, dangers, and possible side effects of the use of medicinal cannabis;
2. Information on the medicinal cannabis adverse drug effects reporting system and how to
report adverse drug effects; and
3. A detachable signature page which shall be:
a. Signed by a cardholder each time he or she receives a copy of the Medicinal Cannabis
Advisory Pamphlet as required under subsection (2)(d) of Section 12 of this Act; and
b. Retained by the dispensary for a period of at least thirty-six (36) months.
(3) The cabinet shall provide each licensed dispensary with an adequate number of Medicinal Cannabis
Advisory Pamphlets to ensure that the dispensary is able to comply with the requirements of subsection
(2)(d) of Section 12 of this Act.
(4) Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), subsection (2)(e) of Section 12 of this
Act[218B.110(2)(d)], 218B.115(2), 218B.120(3), and subsection (1)(c)10., 13., 15., and 16. of this section, the
cabinet shall not restrict or limit methods of delivery, use, or consumption of medicinal cannabis or the types
of products that may be acquired, produced, processed, possessed, sold, or distributed by a cannabis business.
(5)[(3)] If a need for additional cannabis cultivation in this state is demonstrated by cannabis businesses or the
cabinet's own analysis, the cabinet may through the promulgation of administrative regulations increase the
cultivation area square footage limits for either cultivators or producers, or both by up to three (3) times the
limits established in KRS 218B.105 and 218B.120. Any increase in the cultivation square footage limits
adopted by the cabinet pursuant to this section shall not result in an increase in the licensure application or
renewal fees established by the cabinet.
(6)[(4)] When promulgating administrative regulations under this section, the cabinet shall consider standards,
procedures, and restrictions that have been found to be best practices relative to the use and regulation of
medicinal cannabis.
Section 15. KRS 218B.150 is amended to read as follows:
Nothing in this chapter shall require a government medical assistance program, private health insurer, property and
casualty insurance carrier,[ or] workers' compensation carrier, or self-funded employer providing workers'
compensation benefits to reimburse a person for costs associated with the use of medicinal cannabis.
Section 16. KRS 218A.202 is amended to read as follows:
(1) As used in this section:
(a) "Cabinet" means the Cabinet for Health and Family Services;
(b) "Cannabis business" has the same meaning as in KRS 218B.010;
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled substance and does not include
medicinal cannabis;
(d) "Dispensary" has the same meaning as in KRS 218B.010;
(e) "Dispensary agent" has the same meaning as in KRS 218B.010;
(f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010;
(g) "Medicinal cannabis" has the same meaning as in KRS 218B.010; ACTS OF THE GENERAL ASSEMBLY 26
(h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010;
(i) "Registry identification card" has the same meaning as in KRS 218B.010;
(j) "State licensing board" has the same meaning as in KRS 218B.010;
(k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and
(l) "Written certification" has the same meaning as in KRS 218B.010.
(2) The cabinet shall establish and maintain an electronic system for monitoring Schedules II, III, IV, and V
controlled substances and medicinal cannabis. The cabinet may contract for the design, upgrade, or operation
of this system if the contract preserves all of the rights, privileges, and protections guaranteed to Kentucky
citizens under this chapter and the contract requires that all other aspects of the system be operated in
conformity with the requirements of this or any other applicable state or federal law.
(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV, or V controlled
substances:
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled substances to humans shall
register with the cabinet to use the system provided for in this section and shall maintain such
registration continuously during the practitioner's or pharmacist's term of licensure and shall not have to
pay a fee or tax specifically dedicated to the operation of the system;
(b) Every practitioner or pharmacy which dispenses a controlled substance to a person in Kentucky, or to a
person at an address in Kentucky, shall report to the cabinet the data required by this section, which
includes the reporting of any Schedule II controlled substance dispensed at a facility licensed by the
cabinet and a Schedule II through Schedule V controlled substance regardless of dosage when
dispensed by the emergency department of a hospital to an emergency department patient. Reporting
shall not be required for:
1. A drug administered directly to a patient in a hospital, a resident of a health care facility licensed
under KRS Chapter 216B, a resident of a child-caring facility as defined by KRS 199.011, or an
individual in a jail, correctional facility, or juvenile detention facility;
2. A Schedule III through Schedule V controlled substance dispensed by a facility licensed by the
cabinet provided that the quantity dispensed is limited to an amount adequate to treat the patient
for a maximum of forty-eight (48) hours and is not dispensed by the emergency department of a
hospital; or
3. A drug administered or dispensed to a research subject enrolled in a research protocol approved
by an institutional review board that has an active federalwide assurance number from the United
States Department of Health and Human Services, Office for Human Research Protections,
where the research involves single, double, or triple blind drug administration or is additionally
covered by a certificate of confidentiality from the National Institutes of Health;
(c) In addition to the data required by paragraph (d) of this subsection, a Kentucky-licensed acute care
hospital or critical access hospital shall report to the cabinet all positive toxicology screens that were
performed by the hospital's emergency department to evaluate the patient's suspected drug overdose;
(d) Data for each controlled substance that is reported shall include but not be limited to the following:
1. Patient identifier;
2. National drug code of the drug dispensed;
3. Date of dispensing;
4. Quantity dispensed;
5. Prescriber; and
6. Dispenser;
(e) The data shall be provided in the electronic format specified by the cabinet unless a waiver has been
granted by the cabinet to an individual dispenser. The cabinet shall establish acceptable error tolerance
rates for data. Dispensers shall ensure that reports fall within these tolerances. Incomplete or inaccurate
data shall be corrected upon notification by the cabinet if the dispenser exceeds these error tolerance
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(f) The cabinet shall only disclose data to persons and entities authorized to receive that data under this
subsection. Disclosure to any other person or entity, including disclosure in the context of a civil action
where the disclosure is sought either for the purpose of discovery or for evidence, is prohibited unless
specifically authorized by this section. The cabinet shall be authorized to provide data to:
1. A designated representative of a board responsible for the licensure, regulation, or discipline of
practitioners, pharmacists, or other person who is authorized to prescribe, administer, or dispense
controlled substances and who is involved in a bona fide specific investigation involving a
designated person;
2. Employees of the Office of the Inspector General of the cabinet who have successfully
completed training for the electronic system and who have been approved to use the system,
federal prosecutors, Kentucky Commonwealth's attorneys and assistant Commonwealth's
attorneys, county attorneys and assistant county attorneys, a peace officer certified pursuant to
KRS 15.380 to 15.404, a certified or full-time peace officer of another state, or a federal agent
whose duty is to enforce the laws of this Commonwealth, of another state, or of the United States
relating to drugs and who is engaged in a bona fide specific investigation involving a designated
person;
3. A state-operated Medicaid program in conformity with paragraph (g) of this subsection;
4. A properly convened grand jury pursuant to a subpoena properly issued for the records;
5. A practitioner or pharmacist, or employee of the practitioner's or pharmacist's practice acting
under the specific direction of the practitioner or pharmacist, who certifies that the requested
information is for the purpose of:
a. Providing medical or pharmaceutical treatment to a bona fide current or prospective
patient;
b. Reviewing data on controlled substances that have been reported for the birth mother of
an infant who is currently being treated by the practitioner for neonatal abstinence
syndrome, or has symptoms that suggest prenatal drug exposure; or
c. Reviewing and assessing the individual prescribing or dispensing patterns of the
practitioner or pharmacist or to determine the accuracy and completeness of information
contained in the monitoring system;
6. The chief medical officer of a hospital or long-term-care facility, an employee of the hospital or
long-term-care facility as designated by the chief medical officer and who is working under his
or her specific direction, or a physician designee if the hospital or facility has no chief medical
officer, if the officer, employee, or designee certifies that the requested information is for the
purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective
patient or resident in the hospital or facility;
7. In addition to the purposes authorized under subparagraph 1. of this paragraph, the Kentucky
Board of Medical Licensure, for any physician who is:
a. Associated in a partnership or other business entity with a physician who is already under
investigation by the Board of Medical Licensure for improper prescribing or dispensing
practices;
b. In a designated geographic area for which a trend report indicates a substantial likelihood
that inappropriate prescribing or dispensing may be occurring; or
c. In a designated geographic area for which a report on another physician in that area
indicates a substantial likelihood that inappropriate prescribing or dispensing may be
occurring in that area;
8. In addition to the purposes authorized under subparagraph 1. of this paragraph, the Kentucky
Board of Nursing, for any advanced practice registered nurse who is:
a. Associated in a partnership or other business entity with a physician who is already under
investigation by the Kentucky Board of Medical Licensure for improper prescribing or
dispensing practices; ACTS OF THE GENERAL ASSEMBLY 28
b. Associated in a partnership or other business entity with an advanced practice registered
nurse who is already under investigation by the Board of Nursing for improper prescribing
practices;
c. In a designated geographic area for which a trend report indicates a substantial likelihood
that inappropriate prescribing or dispensing may be occurring; or
d. In a designated geographic area for which a report on a physician or another advanced
practice registered nurse in that area indicates a substantial likelihood that inappropriate
prescribing or dispensing may be occurring in that area;
9. A judge or a probation or parole officer administering a diversion or probation program of a
criminal defendant arising out of a violation of this chapter or of a criminal defendant who is
documented by the court as a substance abuser who is eligible to participate in a court-ordered
drug diversion or probation program; or
10. A medical examiner engaged in a death investigation pursuant to KRS 72.026;
(g) The Department for Medicaid Services shall use any data or reports from the system for the purpose of
identifying Medicaid providers or recipients whose prescribing, dispensing, or usage of controlled
substances may be:
1. Appropriately managed by a single outpatient pharmacy or primary care physician; or
2. Indicative of improper, inappropriate, or illegal prescribing or dispensing practices by a
practitioner or drug seeking by a Medicaid recipient;
(h) A person who receives data or any report of the system from the cabinet shall not provide it to any other
person or entity except as provided in this subsection, in another statute, or by order of a court of
competent jurisdiction and only to a person or entity authorized to receive the data or the report under
this section, except that:
1. A person specified in paragraph (f)2. of this subsection who is authorized to receive data or a
report may share that information with any other persons specified in paragraph (f)2. of this
subsection authorized to receive data or a report if the persons specified in paragraph (f)2. of this
subsection are working on a bona fide specific investigation involving a designated person. Both
the person providing and the person receiving the data or report under this subparagraph shall
document in writing each person to whom the data or report has been given or received and the
day, month, and year that the data or report has been given or received. This document shall be
maintained in a file by each agency engaged in the investigation;
2. A representative of the Department for Medicaid Services may share data or reports regarding
overutilization by Medicaid recipients with a board designated in paragraph (f)1. of this
subsection, or with a law enforcement officer designated in paragraph (f)2. of this subsection;
3. The Department for Medicaid Services may submit the data as evidence in an administrative
hearing held in accordance with KRS Chapter 13B;
4. If a state licensing board as defined in KRS 218A.205 initiates formal disciplinary proceedings
against a licensee, and data obtained by the board is relevant to the charges, the board may
provide the data to the licensee and his or her counsel, as part of the notice process required by
KRS 13B.050, and admit the data as evidence in an administrative hearing conducted pursuant to
KRS Chapter 13B, with the board and licensee taking all necessary steps to prevent further
disclosure of the data; and
5. A practitioner, pharmacist, or employee who obtains data under paragraph (f)5. of this subsection
may share the report with the patient or person authorized to act on the patient's behalf. Any
practitioner, pharmacist, or employee who obtains data under paragraph (f)5. of this subsection
may place the report in the patient's medical record, in which case the individual report shall then
be deemed a medical record subject to disclosure on the same terms and conditions as an
ordinary medical record in lieu of the disclosure restrictions otherwise imposed by this section;
(i) The cabinet, all peace officers specified in paragraph (f)2. of this subsection, all officers of the court,
and all regulatory agencies and officers, in using the data for investigative or prosecution purposes,
shall consider the nature of the prescriber's and dispenser's practice and the condition for which the
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(j) Intentional failure to comply with the reporting requirements of this subsection shall be a Class B
misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense; and
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply with this section, the
cabinet shall notify the licensing board or agency responsible for licensing the prescriber or dispenser.
The licensing board shall treat the notification as a complaint against the license.
(4) For the purpose of monitoring the cultivation, processing, production, recommending, and dispensing of
medicinal cannabis:
(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS 218B.050 to provide written
certifications for the use of medicinal cannabis and every cannabis business licensed under KRS
218B.080, 218B.085, and 218B.090 shall register with the cabinet to use the system provided for in this
section and shall maintain such registration continuously during the medicinal cannabis practitioner's
authorization to provide written certifications or a cannabis business's term of licensure and shall not
have to pay a fee or tax specifically dedicated to the operation of the system;
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided for in this section allows:
1. Medicinal cannabis practitioners to record the issuance of written certifications to a patient as
required by KRS 218B.050;
2. The cabinet, law enforcement personnel, and dispensary agents to verify the validity of registry
identification cards issued by the cabinet. When verifying the validity of an identification card,
the system shall only disclose whether the identification card is valid and whether the cardholder
is a registered qualified patient, visiting qualified patient, or designated caregiver;
3. Dispensary agents to record the amount of medicinal cannabis that is dispensed to a cardholder
during each transaction, as required by KRS 218B.110;
4. Law enforcement personnel and dispensary agents to access medicinal cannabis sales data
recorded by dispensary agents pursuant to KRS 218B.110;
5. The sharing of dispensing data recorded by dispensary agents, pursuant to KRS 218B.110, with
all licensed dispensaries in real time;
6. Licensed cannabis businesses to record data required by administrative regulations promulgated
pursuant to KRS 218B.140 to facilitate the tracking of medicinal cannabis from the point of
cultivation to the point of sale to cardholders; and
7. The cabinet to track all medicinal cannabis in the state from the point of cultivation to the point
of sale to a cardholder;
(c) The cabinet shall only disclose data related to the cultivation, production, recommending, and
dispensing of medicinal cannabis to persons and entities authorized to receive that data under this
subsection. Disclosure to any other person or entity, including disclosure in the context of a civil action
where the disclosure is sought either for the purpose of discovery or for evidence, is prohibited unless
specifically authorized by this subsection. The cabinet shall be authorized to provide data to:
1. Any person or entity authorized to receive data pursuant to paragraph (b) of this subsection;
2. A designated representative of a state licensing board responsible for the licensure, regulation, or
discipline of medicinal cannabis practitioners and who is involved in a bona fide specific
investigation involving a designated person;
3. Employees of the Office of the Inspector General of the cabinet who have successfully
completed training for the electronic system and who have been approved to use the system,
Kentucky Commonwealth's attorneys and assistant Commonwealth's attorneys, and county
attorneys and assistant county attorneys who are engaged in a bona fide specific investigation
involving a designated person;
4. A properly convened grand jury pursuant to a subpoena properly issued for the records;
5. A medicinal cannabis practitioner or an employee of a medicinal cannabis practitioner's practice
acting under the specific direction of the medicinal cannabis practitioner, who certifies that the
request for information is for the purpose of complying with KRS 218B.050(4)(c); ACTS OF THE GENERAL ASSEMBLY 30
6. The chief medical officer of a hospital or long-term-care facility, an employee of the hospital or
long-term-care facility as designated by the chief medical officer and who is working under his
or her specific direction, or a physician designee if the hospital or facility has no chief medical
officer, if the officer, employee, or designee certifies that the requested information is for the
purpose of providing medical or pharmaceutical treatment to a bona fide current or prospective
patient or resident in the hospital or facility;
7. In addition to the purposes authorized under subparagraph 2. of this paragraph, the Kentucky
Board of Medical Licensure, for any physician who is:
a. Associated in a partnership, other business entity, or supervision agreement established
pursuant to KRS 311.854 with a physician who is already under investigation by the
Board of Medical Licensure for improper issuance of written certifications;
b. Associated in a partnership or other business entity with an advanced practice registered
nurse who is already under investigation by the Board of Nursing for improper issuance of
written certifications;
c. In a designated geographic area for which a trend report indicates a substantial likelihood
that inappropriate issuance of written certifications may be occurring; or
d. In a designated geographic area for which a report on another physician in that area
indicates a substantial likelihood that inappropriate issuance of written certifications may
be occurring in that area;
8. In addition to the purposes authorized under subparagraph 2. of this paragraph, the Kentucky
Board of Nursing, for any advanced practice registered nurse who is:
a. Associated in a partnership or other business entity with a physician who is already under
investigation by the Kentucky Board of Medical Licensure for improper issuance of
written certifications;
b. Associated in a partnership or other business entity with an advanced practice registered
nurse who is already under investigation by the Board of Nursing for improper issuance of
written certifications;
c. In a designated geographic area for which a trend report indicates a substantial likelihood
that inappropriate issuance of written certifications may be occurring; or
d. In a designated geographic area for which a report on another advanced practice registered
nurse in that area indicates a substantial likelihood that inappropriate issuance of written
certifications may be occurring in that area;
9. A judge or a probation or parole officer administering a diversion or probation program of a
criminal defendant arising out of a violation of this chapter or of a criminal defendant who is
documented by the court as a substance abuser who is eligible to participate in a court-ordered
drug diversion or probation program;
10. A medical examiner engaged in a death investigation pursuant to KRS 72.026; or
11. The Legislative Research Commission, the University of Kentucky College of Medicine, or the
Kentucky Center for Cannabis established in KRS 164.983 if the cabinet determines that
disclosing data related to the cultivation, production, recommending, and dispensing of
medicinal cannabis to the Legislative Research Commission, the University of Kentucky College
of Medicine, or the Kentucky Center for Cannabis is necessary to comply with the reporting
requirements established in KRS 218B.020(8); and
(d) A person who receives data or any report of the system from the cabinet shall not provide it to any other
person or entity except as provided in this section, in another statute, or by order of a court of competent
jurisdiction and only to a person or entity authorized to receive the data or the report under this section,
except that:
1. A person specified in paragraph (c)3. of this subsection who is authorized to receive data or a
report may share that information with any other persons specified in paragraph (c)3. of this
subsection authorized to receive data or a report if the persons specified in paragraph (c)3. of this
subsection are working on a bona fide specific investigation involving a designated person. Both CHAPTER 195
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the person providing and the person receiving the data or report under this subparagraph shall
document in writing each person to whom the data or report has been given or received and the
day, month, and year that the data or report has been given or received. This document shall be
maintained in a file by each agency engaged in the investigation;
2. If a state licensing board initiates formal disciplinary proceedings against a licensee, and data
obtained by the board is relevant to the charges, the board may provide the data to the licensee
and his or her counsel, as part of the notice process required by KRS 13B.050, and admit the data
as evidence in an administrative hearing conducted pursuant to KRS Chapter 13B, with the board
and licensee taking all necessary steps to prevent further disclosure of the data; and
3. A medicinal cannabis practitioner or an employee of a medicinal cannabis practitioner's practice
acting under the specific direction of the medicinal cannabis practitioner who obtains data under
paragraph (c)5. of this subsection may share the report with the patient or person authorized to
act on the patient's behalf. Any medicinal cannabis practitioner or employee who obtains data
under paragraph (c)5. of this subsection may place the report in the patient's medical record, in
which case the individual report shall then be deemed a medical record subject to disclosure on
the same terms and conditions as an ordinary medical record in lieu of the disclosure restrictions
otherwise imposed by this section.
(5) The data contained in, and any report obtained from, the electronic system for monitoring established pursuant
to this section shall not be a public record, except that the Department for Medicaid Services may submit the
data as evidence in an administrative hearing held in accordance with KRS Chapter 13B.
(6) Intentional disclosure of transmitted data to a person not authorized by subsection (3)(f) to (h) or (4)(c) and (d)
of this section or authorized by KRS 315.121, or obtaining information under this section not relating to a bona
fide current or prospective patient or a bona fide specific investigation, shall be a Class B misdemeanor for the
first offense and a Class A misdemeanor for each subsequent offense.
(7) The cabinet may, by promulgating an administrative regulation, limit the length of time that data remain in the
electronic system. Any data removed from the system shall be archived and subject to retrieval within a
reasonable time after a request from a person authorized to review data under this section.
(8) (a) The Cabinet for Health and Family Services shall work with each board responsible for the licensure,
regulation, or discipline of practitioners, pharmacists, or other persons who are authorized to prescribe,
administer, or dispense controlled substances for the development of a continuing education program
about the purposes and uses of the electronic system for monitoring established in this section.
(b) The cabinet shall work with each board responsible for the licensure, regulation, or discipline of
medicinal cannabis practitioners for the development of a continuing education program about the
purposes and uses of the electronic system for monitoring established in this section.
(c) The cabinet shall work with the Kentucky Bar Association for the development of a continuing
education program for attorneys about the purposes and uses of the electronic system for monitoring
established in this section.
(d) The cabinet shall work with the Justice and Public Safety Cabinet for the development of a continuing
education program for law enforcement officers about the purposes and uses of the electronic system
for monitoring established in this section.
(e) The cabinet shall develop a training program for cannabis business agents about the purposes and uses
of the electronic system for monitoring established in this section.
(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify patterns of potential
improper, inappropriate, or illegal prescribing or dispensing of a controlled substance, issuance of written
certifications, or cultivation, processing, or dispensing of medicinal cannabis. The Office of Inspector General
may independently investigate and submit findings and recommendations to the appropriate boards of
licensure or other reporting agencies.
(10) The cabinet shall promulgate administrative regulations to implement the provisions of this section. Included
in these administrative regulations shall be: ACTS OF THE GENERAL ASSEMBLY 32
(a) An error resolution process allowing a patient to whom a report had been disclosed under subsections
(3) and (4) of this section to request the correction of inaccurate information contained in the system
relating to that patient; and
(b) A requirement that data be reported to the system under subsection (3)(b) of this section within one (1)
day of dispensing.
(11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward data regarding any felony or
Class A misdemeanor conviction that involves the trafficking or possession of a controlled substance or
other prohibited acts under KRS Chapter 218A for the previous five (5) calendar years to the cabinet for
inclusion in the electronic monitoring system established under this section. On or after July 1, 2018,
such data shall be forwarded by the Administrative Office of the Courts to the cabinet on a continuing
basis. The cabinet shall incorporate the data received into the system so that a query by patient name
indicates any prior drug conviction.
(b) Before July 1, 2024, the Administrative Office of the Courts shall forward all available data regarding
any disqualifying felony offense for the previous five (5) calendar years to the cabinet for inclusion in
the electronic monitoring system established under this section. On or after July 1, 2024, such data shall
be forwarded by the Administrative Office of the Courts to the cabinet on a continuing basis. The
cabinet shall incorporate the data received into the system so that a query by patient name indicates any
prior disqualifying felony conviction.
Section 17. KRS 12.020 (Effective until July 1, 2024) is amended to read as follows:
Departments, program cabinets and their departments, and the respective major administrative bodies that they
include are enumerated in this section. It is not intended that this enumeration of administrative bodies be all-
inclusive. Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or
any other form of organization shall be included in or attached to the department or program cabinet in which they
are included or to which they are attached by statute or statutorily authorized executive order; except in the case of
the Personnel Board and where the attached department or administrative body is headed by a constitutionally elected
officer, the attachment shall be solely for the purpose of dissemination of information and coordination of activities
and shall not include any authority over the functions, personnel, funds, equipment, facilities, or records of the
department or administrative body.
I. Cabinet for General Government - Departments headed by elected officers:
(1) The Governor.
(2) Lieutenant Governor.
(3) Department of State.
(a) Secretary of State.
(b) Board of Elections.
(c) Registry of Election Finance.
(4) Department of Law.
(a) Attorney General.
(5) Department of the Treasury.
(a) Treasurer.
(6) Department of Agriculture.
(a) Commissioner of Agriculture.
(b) Agricultural Development Board.
(c) Kentucky Agricultural Finance Corporation.
(7) Auditor of Public Accounts.
II. Program cabinets headed by appointed officers:
(1) Justice and Public Safety Cabinet:
(a) Department of Kentucky State Police. CHAPTER 195
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1. Office of Administrative Services.
a. Division of Operational Support.
b. Division of Management Services.
2. Office of Operations.
a. Division of West Troops.
b. Division of East Troops.
c. Division of Special Enforcement.
d. Division of Commercial Vehicle Enforcement.
3. Office of Technical Services.
a. Division of Forensic Sciences.
b. Division of Electronic Services.
c. Division of Records Management.
(b) Department of Criminal Justice Training.
(c) Department of Corrections.
(d) Department of Juvenile Justice.
(e) Office of the Secretary.
(f) Office of Drug Control Policy.
(g) Office of Legal Services.
(h) Office of the Kentucky State Medical Examiner.
(i) Parole Board.
(j) Kentucky State Corrections Commission.
(k) Office of Legislative and Intergovernmental Services.
(l) Office of Human Resource Management.
1. Division of Human Resource Administration.
2. Division of Employee Management.
(m) Department of Public Advocacy.
(n) Office of Communications.
1. Information Technology Services Division.
(o) Office of Financial Management Services.
1. Division of Financial Management.
(p) Grants Management Division.
(2) Energy and Environment Cabinet:
(a) Office of the Secretary.
1. Office of Legislative and Intergovernmental Affairs.
2. Office of Legal Services.
a. Legal Division I.
b. Legal Division II.
3. Office of Administrative Hearings. ACTS OF THE GENERAL ASSEMBLY 34
4. Office of Communication.
5. Mine Safety Review Commission.
6. Office of Kentucky Nature Preserves.
7. Kentucky Public Service Commission.
(b) Department for Environmental Protection.
1. Office of the Commissioner.
2. Division for Air Quality.
3. Division of Water.
4. Division of Environmental Program Support.
5. Division of Waste Management.
6. Division of Enforcement.
7. Division of Compliance Assistance.
(c) Department for Natural Resources.
1. Office of the Commissioner.
2. Division of Mine Permits.
3. Division of Mine Reclamation and Enforcement.
4. Division of Abandoned Mine Lands.
5. Division of Oil and Gas.
6. Division of Mine Safety.
7. Division of Forestry.
8. Division of Conservation.
9. Office of the Reclamation Guaranty Fund.
(d) Office of Energy Policy.
1. Division of Energy Assistance.
(e) Office of Administrative Services.
1. Division of Human Resources Management.
2. Division of Financial Management.
3. Division of Information Services.
(3) Public Protection Cabinet.
(a) Office of the Secretary.
1. Office of Communications and Public Outreach.
2. Office of Legal Services.
a. Insurance Legal Division.
b. Charitable Gaming Legal Division.
c. Alcoholic Beverage Control Legal Division.
d. Housing, Buildings and Construction Legal Division.
e. Financial Institutions Legal Division.
f. Professional Licensing Legal Division.
3. Office of Administrative Hearings. CHAPTER 195
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4. Office of Administrative Services.
a. Division of Human Resources.
b. Division of Fiscal Responsibility.
(b) Office of Claims and Appeals.
1. Board of Tax Appeals.
2. Board of Claims.
3. Crime Victims Compensation Board.
(c) Kentucky Boxing and Wrestling Commission.
(d) Kentucky Horse Racing Commission.
1. Office of Executive Director.
a. Division of Pari-mutuel Wagering and Compliance.
b. Division of Stewards.
c. Division of Licensing.
d. Division of Enforcement.
e. Division of Incentives and Development.
f. Division of Veterinary Services.
(e) Department of Alcoholic Beverage Control.
1. Division of Distilled Spirits.
2. Division of Malt Beverages.
3. Division of Enforcement.
(f) Department of Charitable Gaming.
1. Division of Licensing and Compliance.
2. Division of Enforcement.
(g) Department of Financial Institutions.
1. Division of Depository Institutions.
2. Division of Non-Depository Institutions.
3. Division of Securities.
(h) Department of Housing, Buildings and Construction.
1. Division of Fire Prevention.
2. Division of Plumbing.
3. Division of Heating, Ventilation, and Air Conditioning.
4. Division of Building Code Enforcement.
(i) Department of Insurance.
1. Division of Health and Life Insurance and Managed Care.
2. Division of Property and Casualty Insurance.
3. Division of Administrative Services.
4. Division of Financial Standards and Examination.
5. Division of Licensing. ACTS OF THE GENERAL ASSEMBLY 36
6. Division of Insurance Fraud Investigation.
7. Division of Consumer Protection.
(j) Department of Professional Licensing.
1. Real Estate Authority.
(4) Transportation Cabinet:
(a) Department of Highways.
1. Office of Project Development.
2. Office of Project Delivery and Preservation.
3. Office of Highway Safety.
4. Highway District Offices One through Twelve.
(b) Department of Vehicle Regulation.
(c) Department of Aviation.
(d) Department of Rural and Municipal Aid.
1. Office of Local Programs.
2. Office of Rural and Secondary Roads.
(e) Office of the Secretary.
1. Office of Public Affairs.
2. Office for Civil Rights and Small Business Development.
3. Office of Budget and Fiscal Management.
4. Office of Inspector General.
5. Secretary's Office of Safety.
(f) Office of Support Services.
(g) Office of Transportation Delivery.
(h) Office of Audits.
(i) Office of Human Resource Management.
(j) Office of Information Technology.
(k) Office of Legal Services.
(5) Cabinet for Economic Development:
(a) Office of the Secretary.
1. Office of Legal Services.
2. Department for Business and Community Development.
a. Development and Retention Division - West Kentucky.
b. Development, Retention, and Administrative Division - Central and East Kentucky.
c. Community and Workforce Development Division.
3. Department for Financial Services.
a. Kentucky Economic Development Finance Authority.
b. Finance and Personnel Division.
c. IT and Resource Management Division.
d. Compliance Division. CHAPTER 195
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e. Program Administration Division.
f. Bluegrass State Skills Corporation.
4. Office of Strategy and Public Affairs.
a. Marketing and Communications Division.
b. Research and Strategy Division.
5. Office of Entrepreneurship and Innovation.
a. Commission on Small Business Innovation and Advocacy.
(6) Cabinet for Health and Family Services:
(a) Office of the Secretary.
1. Office of the Ombudsman and Administrative Review.
2. Office of Public Affairs.
3. Office of Legal Services.
4. Office of Inspector General.
5. Office of Human Resource Management.
6. Office of Finance and Budget.
7. Office of Legislative and Regulatory Affairs.
8. Office of Administrative Services.
9. Office of Application Technology Services.
10. Office of Data Analytics.
11. Office of Medical Cannabis.
a. Division of Enforcement and Compliance.
b. Division of Licensure and Access.
(b) Department for Public Health.
(c) Department for Medicaid Services.
(d) Department for Behavioral Health, Developmental and Intellectual Disabilities.
(e) Department for Aging and Independent Living.
(f) Department for Community Based Services.
(g) Department for Income Support.
(h) Department for Family Resource Centers and Volunteer Services.
(i) Office for Children with Special Health Care Needs.
(7) Finance and Administration Cabinet:
(a) Office of the Secretary.
(b) Office of the Inspector General.
(c) Office of Legislative and Intergovernmental Affairs.
(d) Office of General Counsel.
(e) Office of the Controller.
(f) Office of Administrative Services.
(g) Office of Policy and Audit. ACTS OF THE GENERAL ASSEMBLY 38
(h) Department for Facilities and Support Services.
(i) Department of Revenue.
(j) Commonwealth Office of Technology.
(k) State Property and Buildings Commission.
(l) Office of Equal Employment Opportunity and Contract Compliance.
(m) Kentucky Employees Retirement Systems.
(n) Commonwealth Credit Union.
(o) State Investment Commission.
(p) Kentucky Housing Corporation.
(q) Kentucky Local Correctional Facilities Construction Authority.
(r) Kentucky Turnpike Authority.
(s) Historic Properties Advisory Commission.
(t) Kentucky Higher Education Assistance Authority.
(u) Kentucky River Authority.
(v) Kentucky Teachers' Retirement System Board of Trustees.
(w) Executive Branch Ethics Commission.
(x) Office of Fleet Management.
(8) Tourism, Arts and Heritage Cabinet:
(a) Kentucky Department of Tourism.
1. Division of Tourism Services.
2. Division of Marketing and Administration.
3. Division of Communications and Promotions.
(b) Kentucky Department of Parks.
1. Division of Information Technology.
2. Division of Human Resources.
3. Division of Financial Operations.
4. Division of Purchasing.
5. Division of Facilities.
6. Division of Park Operations.
7. Division of Sales, Marketing, and Customer Service.
8. Division of Engagement.
9. Division of Food Services.
10. Division of Rangers.
(c) Department of Fish and Wildlife Resources.
1. Division of Law Enforcement.
2. Division of Administrative Services.
3. Division of Engineering, Infrastructure, and Technology.
4. Division of Fisheries.
5. Division of Information and Education. CHAPTER 195
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6. Division of Wildlife.
7. Division of Marketing.
(d) Kentucky Horse Park.
1. Division of Support Services.
2. Division of Buildings and Grounds.
3. Division of Operational Services.
(e) Kentucky State Fair Board.
1. Office of Administrative and Information Technology Services.
2. Office of Human Resources and Access Control.
3. Division of Expositions.
4. Division of Kentucky Exposition Center Operations.
5. Division of Kentucky International Convention Center.
6. Division of Public Relations and Media.
7. Division of Venue Services.
8. Division of Personnel Management and Staff Development.
9. Division of Sales.
10. Division of Security and Traffic Control.
11. Division of Information Technology.
12. Division of the Louisville Arena.
13. Division of Fiscal and Contract Management.
14. Division of Access Control.
(f) Office of the Secretary.
1. Office of Finance.
2. Office of Government Relations and Administration.
(g) Office of Legal Affairs.
(h) Office of Human Resources.
(i) Office of Public Affairs and Constituent Services.
(j) Office of Arts and Cultural Heritage.
(k) Kentucky African-American Heritage Commission.
(l) Kentucky Foundation for the Arts.
(m) Kentucky Humanities Council.
(n) Kentucky Heritage Council.
(o) Kentucky Arts Council.
(p) Kentucky Historical Society.
1. Division of Museums.
2. Division of Oral History and Educational Outreach.
3. Division of Research and Publications.
4. Division of Administration. ACTS OF THE GENERAL ASSEMBLY 40
(q) Kentucky Center for the Arts.
1. Division of Governor's School for the Arts.
(r) Kentucky Artisans Center at Berea.
(s) Northern Kentucky Convention Center.
(t) Eastern Kentucky Exposition Center.
(9) Personnel Cabinet:
(a) Office of the Secretary.
(b) Department of Human Resources Administration.
(c) Office of Employee Relations.
(d) Kentucky Public Employees Deferred Compensation Authority.
(e) Office of Administrative Services.
(f) Office of Legal Services.
(g) Governmental Services Center.
(h) Department of Employee Insurance.
(i) Office of Diversity, Equality, and Training.
(j) Office of Public Affairs.
(10) Education and Labor Cabinet:
(a) Office of the Secretary.
1. Office of Legal Services.
a. Workplace Standards Legal Division.
b. Workers' Claims Legal Division.
c. Workforce Development Legal Division.
2. Office of Administrative Services.
a. Division of Human Resources Management.
b. Division of Fiscal Management.
c. Division of Operations and Support Services.
3. Office of Technology Services.
a. Division of Information Technology Services.
4. Office of Policy and Audit.
5. Office of Legislative Services.
6. Office of Communications.
7. Office of the Kentucky Center for Statistics.
8. Board of the Kentucky Center for Statistics.
9. Early Childhood Advisory Council.
10. Governors' Scholars Program.
11. Governor's School for Entrepreneurs Program.
12. Foundation for Adult Education.
(b) Department of Education.
1. Kentucky Board of Education. CHAPTER 195
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2. Kentucky Technical Education Personnel Board.
3. Education Professional Standards Board.
(c) Board of Directors for the Center for School Safety.
(d) Department for Libraries and Archives.
(e) Kentucky Environmental Education Council.
(f) Kentucky Educational Television.
(g) Kentucky Commission on the Deaf and Hard of Hearing.
(h) Department of Workforce Development.
1. Career Development Office.
2. Office of Vocational Rehabilitation.
a. Division of Kentucky Business Enterprise.
b. Division of the Carl D. Perkins Vocational Training Center.
c. Division of Blind Services.
d. Division of Field Services.
e. Statewide Council for Vocational Rehabilitation.
f. Employment First Council.
3. Office of Employer and Apprenticeship Services.
a. Division of Apprenticeship.
4. Kentucky Apprenticeship Council.
5. Division of Technical Assistance.
6. Office of Adult Education.
7. Office of the Kentucky Workforce Innovation Board.
(i) Department of Workplace Standards.
1. Division of Occupational Safety and Health Compliance.
2. Division of Occupational Safety and Health Education and Training.
3. Division of Wages and Hours.
(j) Office of Unemployment Insurance.
(k) Kentucky Unemployment Insurance Commission.
(l) Department of Workers' Claims.
1. Division of Workers' Compensation Funds.
2. Office of Administrative Law Judges.
3. Division of Claims Processing.
4. Division of Security and Compliance.
5. Division of Specialist and Medical Services.
6. Workers' Compensation Board.
(m) Workers' Compensation Funding Commission.
(n) Kentucky Occupational Safety and Health Standards Board.
(o) State Labor Relations Board. ACTS OF THE GENERAL ASSEMBLY 42
(p) Employers' Mutual Insurance Authority.
(q) Kentucky Occupational Safety and Health Review Commission.
(r) Workers' Compensation Nominating Committee.
(s) Office of Educational Programs.
(t) Kentucky Workforce Innovation Board.
(u) Kentucky Commission on Proprietary Education.
(v) Kentucky Work Ready Skills Advisory Committee.
(w) Kentucky Geographic Education Board.
III. Other departments headed by appointed officers:
(1) Council on Postsecondary Education.
(2) Department of Military Affairs.
(3) Department for Local Government.
(4) Kentucky Commission on Human Rights.
(5) Kentucky Commission on Women.
(6) Department of Veterans' Affairs.
(7) Kentucky Commission on Military Affairs.
(8) Office of Minority Empowerment.
(9) Governor's Council on Wellness and Physical Activity.
(10) Kentucky Communications Network Authority.
Section 18. KRS 12.020 (Effective between July 1, 2024, and July 1, 2025) is amended to read as follows:
Departments, program cabinets and their departments, and the respective major administrative bodies that they
include are enumerated in this section. It is not intended that this enumeration of administrative bodies be all-
inclusive. Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or
any other form of organization shall be included in or attached to the department or program cabinet in which they
are included or to which they are attached by statute or statutorily authorized executive order; except in the case of
the Personnel Board and where the attached department or administrative body is headed by a constitutionally elected
officer, the attachment shall be solely for the purpose of dissemination of information and coordination of activities
and shall not include any authority over the functions, personnel, funds, equipment, facilities, or records of the
department or administrative body.
I. Cabinet for General Government - Departments headed by elected officers:
(1) The Governor.
(2) Lieutenant Governor.
(3) Department of State.
(a) Secretary of State.
(b) Board of Elections.
(c) Registry of Election Finance.
(4) Department of Law.
(a) Attorney General.
(5) Department of the Treasury.
(a) Treasurer.
(6) Department of Agriculture.
(a) Commissioner of Agriculture. CHAPTER 195
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(b) Agricultural Development Board.
(c) Kentucky Agricultural Finance Corporation.
(7) Auditor of Public Accounts.
(a) Commonwealth Office of the Ombudsman.
II. Program cabinets headed by appointed officers:
(1) Justice and Public Safety Cabinet:
(a) Department of Kentucky State Police.
1. Office of Administrative Services.
a. Division of Operational Support.
b. Division of Management Services.
2. Office of Operations.
a. Division of West Troops.
b. Division of East Troops.
c. Division of Special Enforcement.
d. Division of Commercial Vehicle Enforcement.
3. Office of Technical Services.
a. Division of Forensic Sciences.
b. Division of Electronic Services.
c. Division of Records Management.
(b) Department of Criminal Justice Training.
(c) Department of Corrections.
(d) Department of Juvenile Justice.
(e) Office of the Secretary.
(f) Office of Drug Control Policy.
(g) Office of Legal Services.
(h) Office of the Kentucky State Medical Examiner.
(i) Parole Board.
(j) Kentucky State Corrections Commission.
(k) Office of Legislative and Intergovernmental Services.
(l) Office of Human Resource Management.
1. Division of Human Resource Administration.
2. Division of Employee Management.
(m) Department of Public Advocacy.
(n) Office of Communications.
1. Information Technology Services Division.
(o) Office of Financial Management Services.
1. Division of Financial Management.
(p) Grants Management Division. ACTS OF THE GENERAL ASSEMBLY 44
(2) Energy and Environment Cabinet:
(a) Office of the Secretary.
1. Office of Legislative and Intergovernmental Affairs.
2. Office of Legal Services.
a. Legal Division I.
b. Legal Division II.
3. Office of Administrative Hearings.
4. Office of Communication.
5. Mine Safety Review Commission.
6. Office of Kentucky Nature Preserves.
7. Kentucky Public Service Commission.
(b) Department for Environmental Protection.
1. Office of the Commissioner.
2. Division for Air Quality.
3. Division of Water.
4. Division of Environmental Program Support.
5. Division of Waste Management.
6. Division of Enforcement.
7. Division of Compliance Assistance.
(c) Department for Natural Resources.
1. Office of the Commissioner.
2. Division of Mine Permits.
3. Division of Mine Reclamation and Enforcement.
4. Division of Abandoned Mine Lands.
5. Division of Oil and Gas.
6. Division of Mine Safety.
7. Division of Forestry.
8. Division of Conservation.
9. Office of the Reclamation Guaranty Fund.
(d) Office of Energy Policy.
1. Division of Energy Assistance.
(e) Office of Administrative Services.
1. Division of Human Resources Management.
2. Division of Financial Management.
3. Division of Information Services.
(3) Public Protection Cabinet.
(a) Office of the Secretary.
1. Office of Communications and Public Outreach.
2. Office of Legal Services. CHAPTER 195
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a. Insurance Legal Division.
b. Charitable Gaming Legal Division.
c. Alcoholic Beverage Control Legal Division.
d. Housing, Buildings and Construction Legal Division.
e. Financial Institutions Legal Division.
f. Professional Licensing Legal Division.
3. Office of Administrative Hearings.
4. Office of Administrative Services.
a. Division of Human Resources.
b. Division of Fiscal Responsibility.
(b) Office of Claims and Appeals.
1. Board of Tax Appeals.
2. Board of Claims.
3. Crime Victims Compensation Board.
(c) Kentucky Boxing and Wrestling Commission.
(d) Kentucky Horse Racing Commission.
1. Office of Executive Director.
a. Division of Pari-mutuel Wagering and Compliance.
b. Division of Stewards.
c. Division of Licensing.
d. Division of Enforcement.
e. Division of Incentives and Development.
f. Division of Veterinary Services.
(e) Department of Alcoholic Beverage Control.
1. Division of Distilled Spirits.
2. Division of Malt Beverages.
3. Division of Enforcement.
(f) Department of Charitable Gaming.
1. Division of Licensing and Compliance.
2. Division of Enforcement.
(g) Department of Financial Institutions.
1. Division of Depository Institutions.
2. Division of Non-Depository Institutions.
3. Division of Securities.
(h) Department of Housing, Buildings and Construction.
1. Division of Fire Prevention.
2. Division of Plumbing.
3. Division of Heating, Ventilation, and Air Conditioning. ACTS OF THE GENERAL ASSEMBLY 46
4. Division of Building Code Enforcement.
(i) Department of Insurance.
1. Division of Health and Life Insurance and Managed Care.
2. Division of Property and Casualty Insurance.
3. Division of Administrative Services.
4. Division of Financial Standards and Examination.
5. Division of Licensing.
6. Division of Insurance Fraud Investigation.
7. Division of Consumer Protection.
(j) Department of Professional Licensing.
1. Real Estate Authority.
(4) Transportation Cabinet:
(a) Department of Highways.
1. Office of Project Development.
2. Office of Project Delivery and Preservation.
3. Office of Highway Safety.
4. Highway District Offices One through Twelve.
(b) Department of Vehicle Regulation.
(c) Department of Aviation.
(d) Department of Rural and Municipal Aid.
1. Office of Local Programs.
2. Office of Rural and Secondary Roads.
(e) Office of the Secretary.
1. Office of Public Affairs.
2. Office for Civil Rights and Small Business Development.
3. Office of Budget and Fiscal Management.
4. Office of Inspector General.
5. Secretary's Office of Safety.
(f) Office of Support Services.
(g) Office of Transportation Delivery.
(h) Office of Audits.
(i) Office of Human Resource Management.
(j) Office of Information Technology.
(k) Office of Legal Services.
(5) Cabinet for Economic Development:
(a) Office of the Secretary.
1. Office of Legal Services.
2. Department for Business and Community Development.
a. Development and Retention Division – West Kentucky. CHAPTER 195
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b. Development, Retention, and Administrative Division – Central and East
Kentucky.
c. Community and Workforce Development Division.
3. Department for Financial Services.
a. Kentucky Economic Development Finance Authority.
b. Finance and Personnel Division.
c. IT and Resource Management Division.
d. Compliance Division.
e. Program Administration Division.
f. Bluegrass State Skills Corporation.
4. Office of Strategy and Public Affairs.
a. Marketing and Communications Division.
b. Research and Strategy Division.
5. Office of Entrepreneurship and Innovation.
a. Commission on Small Business Innovation and Advocacy.
(6) Cabinet for Health and Family Services:
(a) Office of the Secretary.
1. Office of Public Affairs.
2. Office of Legal Services.
3. Office of Inspector General.
4. Office of Human Resource Management.
5. Office of Finance and Budget.
6. Office of Legislative and Regulatory Affairs.
7. Office of Administrative Services.
8. Office of Application Technology Services.
9. Office of Data Analytics.
10. Office of Medical Cannabis.
a. Division of Enforcement and Compliance.
b. Division of Licensure and Access.
(b) Department for Public Health.
(c) Department for Medicaid Services.
(d) Department for Behavioral Health, Developmental and Intellectual Disabilities.
(e) Department for Aging and Independent Living.
(f) Department for Community Based Services.
(g) Department for Income Support.
(h) Department for Family Resource Centers and Volunteer Services.
(7) Finance and Administration Cabinet:
(a) Office of the Secretary.
(b) Office of the Inspector General. ACTS OF THE GENERAL ASSEMBLY 48
(c) Office of Legislative and Intergovernmental Affairs.
(d) Office of General Counsel.
(e) Office of the Controller.
(f) Office of Administrative Services.
(g) Office of Policy and Audit.
(h) Department for Facilities and Support Services.
(i) Department of Revenue.
(j) Commonwealth Office of Technology.
(k) State Property and Buildings Commission.
(l) Office of Equal Employment Opportunity and Contract Compliance.
(m) Kentucky Employees Retirement Systems.
(n) Commonwealth Credit Union.
(o) State Investment Commission.
(p) Kentucky Housing Corporation.
(q) Kentucky Local Correctional Facilities Construction Authority.
(r) Kentucky Turnpike Authority.
(s) Historic Properties Advisory Commission.
(t) Kentucky Higher Education Assistance Authority.
(u) Kentucky River Authority.
(v) Kentucky Teachers' Retirement System Board of Trustees.
(w) Executive Branch Ethics Commission.
(x) Office of Fleet Management.
(8) Tourism, Arts and Heritage Cabinet:
(a) Kentucky Department of Tourism.
1. Division of Tourism Services.
2. Division of Marketing and Administration.
3. Division of Communications and Promotions.
(b) Kentucky Department of Parks.
1. Division of Information Technology.
2. Division of Human Resources.
3. Division of Financial Operations.
4. Division of Purchasing.
5. Division of Facilities.
6. Division of Park Operations.
7. Division of Sales, Marketing, and Customer Service.
8. Division of Engagement.
9. Division of Food Services.
10. Division of Rangers.
(c) Department of Fish and Wildlife Resources. CHAPTER 195
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1. Division of Law Enforcement.
2. Division of Administrative Services.
3. Division of Engineering, Infrastructure, and Technology.
4. Division of Fisheries.
5. Division of Information and Education.
6. Division of Wildlife.
7. Division of Marketing.
(d) Kentucky Horse Park.
1. Division of Support Services.
2. Division of Buildings and Grounds.
3. Division of Operational Services.
(e) Kentucky State Fair Board.
1. Office of Administrative and Information Technology Services.
2. Office of Human Resources and Access Control.
3. Division of Expositions.
4. Division of Kentucky Exposition Center Operations.
5. Division of Kentucky International Convention Center.
6. Division of Public Relations and Media.
7. Division of Venue Services.
8. Division of Personnel Management and Staff Development.
9. Division of Sales.
10. Division of Security and Traffic Control.
11. Division of Information Technology.
12. Division of the Louisville Arena.
13. Division of Fiscal and Contract Management.
14. Division of Access Control.
(f) Office of the Secretary.
1. Office of Finance.
2. Office of Government Relations and Administration.
(g) Office of Legal Affairs.
(h) Office of Human Resources.
(i) Office of Public Affairs and Constituent Services.
(j) Office of Arts and Cultural Heritage.
(k) Kentucky African-American Heritage Commission.
(l) Kentucky Foundation for the Arts.
(m) Kentucky Humanities Council.
(n) Kentucky Heritage Council.
(o) Kentucky Arts Council. ACTS OF THE GENERAL ASSEMBLY 50
(p) Kentucky Historical Society.
1. Division of Museums.
2. Division of Oral History and Educational Outreach.
3. Division of Research and Publications.
4. Division of Administration.
(q) Kentucky Center for the Arts.
1. Division of Governor's School for the Arts.
(r) Kentucky Artisans Center at Berea.
(s) Northern Kentucky Convention Center.
(t) Eastern Kentucky Exposition Center.
(9) Personnel Cabinet:
(a) Office of the Secretary.
(b) Department of Human Resources Administration.
(c) Office of Employee Relations.
(d) Kentucky Public Employees Deferred Compensation Authority.
(e) Office of Administrative Services.
(f) Office of Legal Services.
(g) Governmental Services Center.
(h) Department of Employee Insurance.
(i) Office of Diversity, Equality, and Training.
(j) Office of Public Affairs.
(10) Education and Labor Cabinet:
(a) Office of the Secretary.
1. Office of Legal Services.
a. Workplace Standards Legal Division.
b. Workers' Claims Legal Division.
c. Workforce Development Legal Division.
2. Office of Administrative Services.
a. Division of Human Resources Management.
b. Division of Fiscal Management.
c. Division of Operations and Support Services.
3. Office of Technology Services.
a. Division of Information Technology Services.
4. Office of Policy and Audit.
5. Office of Legislative Services.
6. Office of Communications.
7. Office of the Kentucky Center for Statistics.
8. Board of the Kentucky Center for Statistics.
9. Early Childhood Advisory Council. CHAPTER 195
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10. Governors' Scholars Program.
11. Governor's School for Entrepreneurs Program.
12. Foundation for Adult Education.
(b) Department of Education.
1. Kentucky Board of Education.
2. Kentucky Technical Education Personnel Board.
3. Education Professional Standards Board.
(c) Board of Directors for the Center for School Safety.
(d) Department for Libraries and Archives.
(e) Kentucky Environmental Education Council.
(f) Kentucky Educational Television.
(g) Kentucky Commission on the Deaf and Hard of Hearing.
(h) Department of Workforce Development.
1. Career Development Office.
2. Office of Vocational Rehabilitation.
a. Division of Kentucky Business Enterprise.
b. Division of the Carl D. Perkins Vocational Training Center.
c. Division of Blind Services.
d. Division of Field Services.
e. Statewide Council for Vocational Rehabilitation.
f. Employment First Council.
3. Office of Employer and Apprenticeship Services.
a. Division of Apprenticeship.
4. Kentucky Apprenticeship Council.
5. Division of Technical Assistance.
6. Office of Adult Education.
7. Office of the Kentucky Workforce Innovation Board.
(i) Department of Workplace Standards.
1. Division of Occupational Safety and Health Compliance.
2. Division of Occupational Safety and Health Education and Training.
3. Division of Wages and Hours.
(j) Office of Unemployment Insurance.
(k) Kentucky Unemployment Insurance Commission.
(l) Department of Workers' Claims.
1. Division of Workers' Compensation Funds.
2. Office of Administrative Law Judges.
3. Division of Claims Processing.
4. Division of Security and Compliance. ACTS OF THE GENERAL ASSEMBLY 52
5. Division of Specialist and Medical Services.
6. Workers' Compensation Board.
(m) Workers' Compensation Funding Commission.
(n) Kentucky Occupational Safety and Health Standards Board.
(o) State Labor Relations Board.
(p) Employers' Mutual Insurance Authority.
(q) Kentucky Occupational Safety and Health Review Commission.
(r) Workers' Compensation Nominating Committee.
(s) Office of Educational Programs.
(t) Kentucky Workforce Innovation Board.
(u) Kentucky Commission on Proprietary Education.
(v) Kentucky Work Ready Skills Advisory Committee.
(w) Kentucky Geographic Education Board.
(x) Disability Determination Services Program.
III. Other departments headed by appointed officers:
(1) Council on Postsecondary Education.
(2) Department of Military Affairs.
(3) Department for Local Government.
(4) Kentucky Commission on Human Rights.
(5) Kentucky Commission on Women.
(6) Department of Veterans' Affairs.
(7) Kentucky Commission on Military Affairs.
(8) Office of Minority Empowerment.
(9) Governor's Council on Wellness and Physical Activity.
(10) Kentucky Communications Network Authority.
Section 19. KRS 12.020 (Effective July 1, 2025) is amended to read as follows:
Departments, program cabinets and their departments, and the respective major administrative bodies that they
include are enumerated in this section. It is not intended that this enumeration of administrative bodies be all-
inclusive. Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or
any other form of organization shall be included in or attached to the department or program cabinet in which they
are included or to which they are attached by statute or statutorily authorized executive order; except in the case of
the Personnel Board and where the attached department or administrative body is headed by a constitutionally elected
officer, the attachment shall be solely for the purpose of dissemination of information and coordination of activities
and shall not include any authority over the functions, personnel, funds, equipment, facilities, or records of the
department or administrative body.
I. Cabinet for General Government - Departments headed by elected officers:
(1) The Governor.
(2) Lieutenant Governor.
(3) Department of State.
(a) Secretary of State.
(b) Board of Elections.
(c) Registry of Election Finance. CHAPTER 195
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(4) Department of Law.
(a) Attorney General.
(5) Department of the Treasury.
(a) Treasurer.
(6) Department of Agriculture.
(a) Commissioner of Agriculture.
(b) Agricultural Development Board.
(c) Kentucky Agricultural Finance Corporation.
(7) Auditor of Public Accounts.
(a) Commonwealth Office of the Ombudsman.
II. Program cabinets headed by appointed officers:
(1) Justice and Public Safety Cabinet:
(a) Department of Kentucky State Police.
1. Office of Administrative Services.
a. Division of Operational Support.
b. Division of Management Services.
2. Office of Operations.
a. Division of West Troops.
b. Division of East Troops.
c. Division of Special Enforcement.
d. Division of Commercial Vehicle Enforcement.
3. Office of Technical Services.
a. Division of Forensic Sciences.
b. Division of Electronic Services.
c. Division of Records Management.
(b) Department of Criminal Justice Training.
(c) Department of Corrections.
(d) Department of Juvenile Justice.
(e) Office of the Secretary.
(f) Office of Drug Control Policy.
(g) Office of Legal Services.
(h) Office of the Kentucky State Medical Examiner.
(i) Parole Board.
(j) Kentucky State Corrections Commission.
(k) Office of Legislative and Intergovernmental Services.
(l) Office of Human Resource Management.
1. Division of Human Resource Administration.
2. Division of Employee Management. ACTS OF THE GENERAL ASSEMBLY 54
(m) Department of Public Advocacy.
(n) Office of Communications.
1. Information Technology Services Division.
(o) Office of Financial Management Services.
1. Division of Financial Management.
(p) Grants Management Division.
(2) Energy and Environment Cabinet:
(a) Office of the Secretary.
1. Office of Legislative and Intergovernmental Affairs.
2. Office of Legal Services.
a. Legal Division I.
b. Legal Division II.
3. Office of Administrative Hearings.
4. Office of Communication.
5. Mine Safety Review Commission.
6. Office of Kentucky Nature Preserves.
7. Kentucky Public Service Commission.
(b) Department for Environmental Protection.
1. Office of the Commissioner.
2. Division for Air Quality.
3. Division of Water.
4. Division of Environmental Program Support.
5. Division of Waste Management.
6. Division of Enforcement.
7. Division of Compliance Assistance.
(c) Department for Natural Resources.
1. Office of the Commissioner.
2. Division of Mine Permits.
3. Division of Mine Reclamation and Enforcement.
4. Division of Abandoned Mine Lands.
5. Division of Oil and Gas.
6. Division of Mine Safety.
7. Division of Forestry.
8. Division of Conservation.
9. Office of the Reclamation Guaranty Fund.
(d) Office of Energy Policy.
1. Division of Energy Assistance.
(e) Office of Administrative Services.
1. Division of Human Resources Management. CHAPTER 195
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2. Division of Financial Management.
3. Division of Information Services.
(3) Public Protection Cabinet.
(a) Office of the Secretary.
1. Office of Communications and Public Outreach.
2. Office of Legal Services.
a. Insurance Legal Division.
b. Charitable Gaming Legal Division.
c. Alcoholic Beverage Control Legal Division.
d. Housing, Buildings and Construction Legal Division.
e. Financial Institutions Legal Division.
f. Professional Licensing Legal Division.
3. Office of Administrative Hearings.
4. Office of Administrative Services.
a. Division of Human Resources.
b. Division of Fiscal Responsibility.
(b) Office of Claims and Appeals.
1. Board of Tax Appeals.
2. Board of Claims.
3. Crime Victims Compensation Board.
(c) Kentucky Boxing and Wrestling Commission.
(d) Kentucky Horse Racing Commission.
1. Office of Executive Director.
a. Division of Pari-mutuel Wagering and Compliance.
b. Division of Stewards.
c. Division of Licensing.
d. Division of Enforcement.
e. Division of Incentives and Development.
f. Division of Veterinary Services.
(e) Department of Alcoholic Beverage Control.
1. Division of Distilled Spirits.
2. Division of Malt Beverages.
3. Division of Enforcement.
(f) Department of Charitable Gaming.
1. Division of Licensing and Compliance.
2. Division of Enforcement.
(g) Department of Financial Institutions.
1. Division of Depository Institutions. ACTS OF THE GENERAL ASSEMBLY 56
2. Division of Non-Depository Institutions.
3. Division of Securities.
(h) Department of Housing, Buildings and Construction.
1. Division of Fire Prevention.
2. Division of Plumbing.
3. Division of Heating, Ventilation, and Air Conditioning.
4. Division of Building Code Enforcement.
(i) Department of Insurance.
1. Division of Health and Life Insurance and Managed Care.
2. Division of Property and Casualty Insurance.
3. Division of Administrative Services.
4. Division of Financial Standards and Examination.
5. Division of Licensing.
6. Division of Insurance Fraud Investigation.
7. Division of Consumer Protection.
(j) Department of Professional Licensing.
1. Real Estate Authority.
(4) Transportation Cabinet:
(a) Department of Highways.
1. Office of Project Development.
2. Office of Project Delivery and Preservation.
3. Office of Highway Safety.
4. Highway District Offices One through Twelve.
(b) Department of Vehicle Regulation.
(c) Department of Aviation.
(d) Department of Rural and Municipal Aid.
1. Office of Local Programs.
2. Office of Rural and Secondary Roads.
(e) Office of the Secretary.
1. Office of Public Affairs.
2. Office for Civil Rights and Small Business Development.
3. Office of Budget and Fiscal Management.
4. Office of Inspector General.
5. Secretary's Office of Safety.
(f) Office of Support Services.
(g) Office of Transportation Delivery.
(h) Office of Audits.
(i) Office of Human Resource Management.
(j) Office of Information Technology. CHAPTER 195
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(k) Office of Legal Services.
(5) Cabinet for Economic Development:
(a) Office of the Secretary.
1. Office of Legal Services.
2. Department for Business and Community Development.
a. Development and Retention Division – West Kentucky.
b. Development, Retention, and Administrative Division – Central and East
Kentucky.
c. Community and Workforce Development Division.
3. Department for Financial Services.
a. Kentucky Economic Development Finance Authority.
b. Finance and Personnel Division.
c. IT and Resource Management Division.
d. Compliance Division.
e. Program Administration Division.
f. Bluegrass State Skills Corporation.
4. Office of Strategy and Public Affairs.
a. Marketing and Communications Division.
b. Research and Strategy Division.
5. Office of Entrepreneurship and Innovation.
a. Commission on Small Business Innovation and Advocacy.
(6) Cabinet for Health and Family Services:
(a) Office of the Secretary.
1. Office of Public Affairs.
2. Office of Legal Services.
3. Office of Inspector General.
4. Office of Human Resource Management.
5. Office of Finance and Budget.
6. Office of Legislative and Regulatory Affairs.
7. Office of Administrative Services.
8. Office of Application Technology Services.
9. Office of Data Analytics.
10. Office of Medical Cannabis.
a. Division of Enforcement and Compliance.
b. Division of Licensure and Access.
(b) Department for Public Health.
(c) Department for Medicaid Services.
(d) Department for Behavioral Health, Developmental and Intellectual Disabilities.
(e) Department for Aging and Independent Living. ACTS OF THE GENERAL ASSEMBLY 58
(f) Department for Community Based Services.
(g) Department for Family Resource Centers and Volunteer Services.
(7) Finance and Administration Cabinet:
(a) Office of the Secretary.
(b) Office of the Inspector General.
(c) Office of Legislative and Intergovernmental Affairs.
(d) Office of General Counsel.
(e) Office of the Controller.
(f) Office of Administrative Services.
(g) Office of Policy and Audit.
(h) Department for Facilities and Support Services.
(i) Department of Revenue.
(j) Commonwealth Office of Technology.
(k) State Property and Buildings Commission.
(l) Office of Equal Employment Opportunity and Contract Compliance.
(m) Kentucky Employees Retirement Systems.
(n) Commonwealth Credit Union.
(o) State Investment Commission.
(p) Kentucky Housing Corporation.
(q) Kentucky Local Correctional Facilities Construction Authority.
(r) Kentucky Turnpike Authority.
(s) Historic Properties Advisory Commission.
(t) Kentucky Higher Education Assistance Authority.
(u) Kentucky River Authority.
(v) Kentucky Teachers' Retirement System Board of Trustees.
(w) Executive Branch Ethics Commission.
(x) Office of Fleet Management.
(8) Tourism, Arts and Heritage Cabinet:
(a) Kentucky Department of Tourism.
1. Division of Tourism Services.
2. Division of Marketing and Administration.
3. Division of Communications and Promotions.
(b) Kentucky Department of Parks.
1. Division of Information Technology.
2. Division of Human Resources.
3. Division of Financial Operations.
4. Division of Purchasing.
5. Division of Facilities.
6. Division of Park Operations. CHAPTER 195
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7. Division of Sales, Marketing, and Customer Service.
8. Division of Engagement.
9. Division of Food Services.
10. Division of Rangers.
(c) Department of Fish and Wildlife Resources.
1. Division of Law Enforcement.
2. Division of Administrative Services.
3. Division of Engineering, Infrastructure, and Technology.
4. Division of Fisheries.
5. Division of Information and Education.
6. Division of Wildlife.
7. Division of Marketing.
(d) Kentucky Horse Park.
1. Division of Support Services.
2. Division of Buildings and Grounds.
3. Division of Operational Services.
(e) Kentucky State Fair Board.
1. Office of Administrative and Information Technology Services.
2. Office of Human Resources and Access Control.
3. Division of Expositions.
4. Division of Kentucky Exposition Center Operations.
5. Division of Kentucky International Convention Center.
6. Division of Public Relations and Media.
7. Division of Venue Services.
8. Division of Personnel Management and Staff Development.
9. Division of Sales.
10. Division of Security and Traffic Control.
11. Division of Information Technology.
12. Division of the Louisville Arena.
13. Division of Fiscal and Contract Management.
14. Division of Access Control.
(f) Office of the Secretary.
1. Office of Finance.
2. Office of Government Relations and Administration.
(g) Office of Legal Affairs.
(h) Office of Human Resources.
(i) Office of Public Affairs and Constituent Services.
(j) Office of Arts and Cultural Heritage. ACTS OF THE GENERAL ASSEMBLY 60
(k) Kentucky African-American Heritage Commission.
(l) Kentucky Foundation for the Arts.
(m) Kentucky Humanities Council.
(n) Kentucky Heritage Council.
(o) Kentucky Arts Council.
(p) Kentucky Historical Society.
1. Division of Museums.
2. Division of Oral History and Educational Outreach.
3. Division of Research and Publications.
4. Division of Administration.
(q) Kentucky Center for the Arts.
1. Division of Governor's School for the Arts.
(r) Kentucky Artisans Center at Berea.
(s) Northern Kentucky Convention Center.
(t) Eastern Kentucky Exposition Center.
(9) Personnel Cabinet:
(a) Office of the Secretary.
(b) Department of Human Resources Administration.
(c) Office of Employee Relations.
(d) Kentucky Public Employees Deferred Compensation Authority.
(e) Office of Administrative Services.
(f) Office of Legal Services.
(g) Governmental Services Center.
(h) Department of Employee Insurance.
(i) Office of Diversity, Equality, and Training.
(j) Office of Public Affairs.
(10) Education and Labor Cabinet:
(a) Office of the Secretary.
1. Office of Legal Services.
a. Workplace Standards Legal Division.
b. Workers' Claims Legal Division.
c. Workforce Development Legal Division.
2. Office of Administrative Services.
a. Division of Human Resources Management.
b. Division of Fiscal Management.
c. Division of Operations and Support Services.
3. Office of Technology Services.
a. Division of Information Technology Services.
4. Office of Policy and Audit. CHAPTER 195
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5. Office of Legislative Services.
6. Office of Communications.
7. Office of the Kentucky Center for Statistics.
8. Board of the Kentucky Center for Statistics.
9. Early Childhood Advisory Council.
10. Governors' Scholars Program.
11. Governor's School for Entrepreneurs Program.
12. Foundation for Adult Education.
(b) Department of Education.
1. Kentucky Board of Education.
2. Kentucky Technical Education Personnel Board.
3. Education Professional Standards Board.
(c) Board of Directors for the Center for School Safety.
(d) Department for Libraries and Archives.
(e) Kentucky Environmental Education Council.
(f) Kentucky Educational Television.
(g) Kentucky Commission on the Deaf and Hard of Hearing.
(h) Department of Workforce Development.
1. Career Development Office.
2. Office of Vocational Rehabilitation.
a. Division of Kentucky Business Enterprise.
b. Division of the Carl D. Perkins Vocational Training Center.
c. Division of Blind Services.
d. Division of Field Services.
e. Statewide Council for Vocational Rehabilitation.
f. Employment First Council.
3. Office of Employer and Apprenticeship Services.
a. Division of Apprenticeship.
4. Kentucky Apprenticeship Council.
5. Division of Technical Assistance.
6. Office of Adult Education.
7. Office of the Kentucky Workforce Innovation Board.
(i) Department of Workplace Standards.
1. Division of Occupational Safety and Health Compliance.
2. Division of Occupational Safety and Health Education and Training.
3. Division of Wages and Hours.
(j) Office of Unemployment Insurance.
(k) Kentucky Unemployment Insurance Commission. ACTS OF THE GENERAL ASSEMBLY 62
(l) Department of Workers' Claims.
1. Division of Workers' Compensation Funds.
2. Office of Administrative Law Judges.
3. Division of Claims Processing.
4. Division of Security and Compliance.
5. Division of Specialist and Medical Services.
6. Workers' Compensation Board.
(m) Workers' Compensation Funding Commission.
(n) Kentucky Occupational Safety and Health Standards Board.
(o) State Labor Relations Board.
(p) Employers' Mutual Insurance Authority.
(q) Kentucky Occupational Safety and Health Review Commission.
(r) Workers' Compensation Nominating Committee.
(s) Office of Educational Programs.
(t) Kentucky Workforce Innovation Board.
(u) Kentucky Commission on Proprietary Education.
(v) Kentucky Work Ready Skills Advisory Committee.
(w) Kentucky Geographic Education Board.
(x) Disability Determination Services Program.
III. Other departments headed by appointed officers:
(1) Council on Postsecondary Education.
(2) Department of Military Affairs.
(3) Department for Local Government.
(4) Kentucky Commission on Human Rights.
(5) Kentucky Commission on Women.
(6) Department of Veterans' Affairs.
(7) Kentucky Commission on Military Affairs.
(8) Office of Minority Empowerment.
(9) Governor's Council on Wellness and Physical Activity.
(10) Kentucky Communications Network Authority.
Section 20. KRS 194A.030 (Effective until July 1, 2024) is amended to read as follows:
The cabinet consists of the following major organizational units, which are hereby created:
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office of the Ombudsman and
Administrative Review, an Office of Legal Services, an Office of Inspector General, an Office of Public
Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative
and Regulatory Affairs, an Office of Administrative Services, an Office of Application Technology Services,
[and ]an Office of Data Analytics, and an Office of Medical Cannabis as follows:
(a) The Office of the Ombudsman and Administrative Review shall be headed by an executive director
who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and shall:
1. Investigate, upon complaint or on its own initiative, any administrative act of an organizational
unit, employee, or contractor of the cabinet, without regard to the finality of the administrative CHAPTER 195
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act. Organizational units, employees, or contractors of the cabinet shall not willfully obstruct an
investigation, restrict access to records or personnel, or retaliate against a complainant or cabinet
employee;
2. Make recommendations that resolve citizen complaints and improve governmental performance
and may require corrective action when policy violations are identified;
3. Provide evaluation and information analysis of cabinet performance and compliance with state
and federal law;
4. Place an emphasis on research and best practices, program accountability, quality service
delivery, and improved governmental performance;
5. Provide information on how to contact the office for public posting at all offices where
Department for Community Based Services employees or contractors work, at any facility where
a child in the custody of the cabinet resides, and to all cabinet or contracted foster parents;
6. Report to the Office of Inspector General for review and investigation any charge or case against
an employee of the Cabinet for Health and Family Services where it has cause to believe the
employee has engaged in dishonest, unethical, or illegal conduct or practices related to his or her
job duties; or any violation of state law or administrative regulation by any organization or
individual regulated by, or contracted with the cabinet;
7. Compile a report of all citizen complaints about programs or services of the cabinet and a
summary of resolution of the complaints and submit the report upon request to the Interim Joint
Committee on Health Services and the Interim Joint Committee on Families and Children;
8. Include oversight of administrative hearings; and
9. Provide information to the Office of the Attorney General, when requested, related to
substantiated violations of state law against an employee, a contractor of the cabinet, or a foster
or adoptive parent;
(b) The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any
legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the
cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning
the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general
counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050
and 12.210. The general counsel shall be the chief legal advisor to the secretary and shall be directly
responsible to the secretary. The Attorney General, on the request of the secretary, may designate the
general counsel as an assistant attorney general under the provisions of KRS 15.105;
(c) The Office of Inspector General shall be headed by an inspector general who shall be appointed by the
secretary with the approval of the Governor. The inspector general shall be directly responsible to the
secretary. The Office of Inspector General shall be responsible for:
1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any
program by any client, or by any vendor of services with whom the cabinet has contracted; and
the conduct of special investigations requested by the secretary, commissioners, or office heads
of the cabinet into matters related to the cabinet or its programs;
2. Licensing and regulatory functions as the secretary may delegate;
3. Review of health facilities participating in transplant programs, as determined by the secretary,
for the purpose of determining any violations of KRS 311.1911 to 311.1959, 311.1961, and
311.1963;
4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the
licensure appeals functions, pursuant to KRS Chapter 216B;
5. The notification and forwarding of any information relevant to possible criminal violations to the
appropriate prosecuting authority;
6. The oversight of the operations of the Kentucky Health Information Exchange; and ACTS OF THE GENERAL ASSEMBLY 64
7. The support and guidance to health care providers related to telehealth services, including the
development of policy, standards, resources, and education to expand telehealth services across
the Commonwealth;
(d) The Office of Public Affairs shall be headed by an executive director appointed by the secretary with
the approval of the Governor in accordance with KRS 12.050. The office shall provide information to
the public and news media about the programs, services, and initiatives of the cabinet;
(e) The Office of Human Resource Management shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The
office shall focus on the oversight, development, and implementation of quality improvement services;
curriculum development and delivery of instruction to staff; the administration, management, and
oversight of training operations; health, safety, and compliance training; and equal employment
opportunity compliance functions;
(f) The Office of Finance and Budget shall be headed by an executive director appointed by the secretary
with the approval of the Governor in accordance with KRS 12.050. The office shall provide central
review and oversight of budget, contract, and cabinet finances. The office shall provide coordination,
assistance, and support to program departments and independent review and analysis on behalf of the
secretary;
(g) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide central review and oversight of legislation, policy, and administrative regulations. The office
shall provide coordination, assistance, and support to program departments and independent review and
analysis on behalf of the secretary;
(h) The Office of Administrative Services shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide
central review and oversight of procurement, general accounting including grant monitoring, and
facility management. The office shall provide coordination, assistance, and support to program
departments and independent review and analysis on behalf of the secretary;
(i) The Office of Application Technology Services shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide application technology services including central review and oversight. The office shall provide
coordination, assistance, and support to program departments and independent review and analysis on
behalf of the secretary;[ and]
(j) The Office of Data Analytics shall be headed by an executive director who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050 and shall identify and innovate strategic
initiatives to inform public policy initiatives and provide opportunities for improved health outcomes
for all Kentuckians though data analytics. The office shall provide leadership in the redesign of the
health care delivery system using electronic information technology to improve patient care and reduce
medical errors and duplicative services; and
(k) The Office of Medical Cannabis shall be headed by an executive director appointed by the Governor
in accordance with KRS 12.040 and shall implement, operate, oversee, and regulate the medicinal
cannabis program. The office shall be composed of the Division of Enforcement and Compliance
and the Division of Licensure and Access. Each division in the office shall be headed by a director
appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.
(2) Department for Medicaid Services. The Department for Medicaid Services shall serve as the single state
agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for
Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for Medicaid services shall
be a person who by experience and training in administration and management is qualified to perform the
duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for
Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated
by the secretary;
(3) Department for Public Health. The Department for Public Health shall develop and operate all programs of the
cabinet that provide health services and all programs for assessing the health status of the population for the CHAPTER 195
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promotion of health and the prevention of disease, injury, disability, and premature death. This shall include
but not be limited to oversight of the Division of Women's Health. The Department for Public Health shall be
headed by a commissioner for public health who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for public health shall be a duly licensed physician who by
experience and training in administration and management is qualified to perform the duties of this office. The
commissioner shall advise the head of each major organizational unit enumerated in this section on policies,
plans, and programs relating to all matters of public health, including any actions necessary to safeguard the
health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the
Commonwealth. The commissioner for public health shall exercise authority over the Department for Public
Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the
secretary;
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The Department for
Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the
prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use
disorders and shall develop and administer an array of services and support for the treatment, habilitation, and
rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual
disability, brain injury, developmental disability, or a substance use disorder. The Department for Behavioral
Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health,
developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for behavioral health, developmental and intellectual
disabilities shall be by training and experience in administration and management qualified to perform the
duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall
exercise authority over the department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, and authority set out in KRS
200.460 to 200.490 shall be performed by the office. The office shall advocate the rights of children with
disabilities and, to the extent that funds are available, shall ensure the administration of services for children
with disabilities as are deemed appropriate by this office pursuant to Title V of the Social Security Act. The
office may promulgate administrative regulations under KRS Chapter 13A as may be necessary to implement
and administer its responsibilities. The duties, responsibilities, and authority of the Office for Children with
Special Health Care Needs shall be performed through the office of the executive director. The executive
director shall be appointed by the secretary with the approval of the Governor under KRS 12.050;
(6) Department for Family Resource Centers and Volunteer Services. The Department for Family Resource
Centers and Volunteer Services shall streamline the various responsibilities associated with the human services
programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the
Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family
Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for family resource centers
and volunteer services shall be by training and experience in administration and management qualified to
perform the duties of the office, shall exercise authority over the department under the direction of the
secretary, and shall only fulfill those responsibilities as delegated by the secretary;
(7) Department for Community Based Services. The Department for Community Based Services shall administer
and be responsible for child and adult protection, violence prevention resources, foster care and adoption,
permanency, and services to enhance family self-sufficiency, including child care, social services, public
assistance, and family support. The department shall be headed by a commissioner appointed by the secretary
with the approval of the Governor in accordance with KRS 12.050;
(8) Department for Income Support. The Department for Income Support shall be responsible for child support
enforcement and disability determination. The department shall serve as the state unit as required by Title II
and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability
for those citizens of the Commonwealth who file applications for disability with the Social Security
Administration. The department shall be headed by a commissioner appointed by the secretary with the
approval of the Governor in accordance with KRS 12.050; and
(9) Department for Aging and Independent Living. The Department for Aging and Independent Living shall serve
as the state unit as designated by the Administration on Aging Services under the Older Americans Act and
shall have responsibility for administration of the federal community support services, in-home services, ACTS OF THE GENERAL ASSEMBLY 66
meals, family and caregiver support services, elder rights and legal assistance, senior community services
employment program, the state health insurance assistance program, state home and community based services
including home care, Alzheimer's respite services and the personal care attendant program, certifications of
assisted living facilities, the state Council on Alzheimer's Disease and other related disorders, and
guardianship services. The department shall also administer the Long-Term Care Ombudsman Program and
the Medicaid Home and Community Based Waivers Participant Directed Services Option (PDS) Program. The
department shall serve as the information and assistance center for aging and disability services and administer
multiple federal grants and other state initiatives. The department shall be headed by a commissioner
appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.
Section 21. KRS 194A.030 (Effective between July 1, 2024, and July 1, 2025) is amended to read as
follows:
The cabinet consists of the following major organizational units, which are hereby created:
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office of Legal Services, an
Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office
of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services,
an Office of Application Technology Services, [and ]an Office of Data Analytics, and an Office of Medical
Cannabis as follows:
(a) The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any
legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the
cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning
the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general
counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050
and 12.210. The general counsel shall be the chief legal advisor to the secretary and shall be directly
responsible to the secretary. The Attorney General, on the request of the secretary, may designate the
general counsel as an assistant attorney general under the provisions of KRS 15.105;
(b) The Office of Inspector General shall be headed by an inspector general who shall be appointed by the
secretary with the approval of the Governor. The inspector general shall be directly responsible to the
secretary. The Office of Inspector General shall be responsible for:
1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any
program by any client, or by any vendor of services with whom the cabinet has contracted; and
the conduct of special investigations requested by the secretary, commissioners, or office heads
of the cabinet into matters related to the cabinet or its programs;
2. Licensing and regulatory functions as the secretary may delegate;
3. Review of health facilities participating in transplant programs, as determined by the secretary,
for the purpose of determining any violations of KRS 311.1911 to 311.1959, 311.1961, and
311.1963;
4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the
licensure appeals functions, pursuant to KRS Chapter 216B;
5. The notification and forwarding of any information relevant to possible criminal violations to the
appropriate prosecuting authority;
6. The oversight of the operations of the Kentucky Health Information Exchange; and
7. The support and guidance to health care providers related to telehealth services, including the
development of policy, standards, resources, and education to expand telehealth services across
the Commonwealth;
(c) The Office of Public Affairs shall be headed by an executive director appointed by the secretary with
the approval of the Governor in accordance with KRS 12.050. The office shall provide information to
the public and news media about the programs, services, and initiatives of the cabinet;
(d) The Office of Human Resource Management shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The
office shall focus on the oversight, development, and implementation of quality improvement services;
curriculum development and delivery of instruction to staff; the administration, management, and CHAPTER 195
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oversight of training operations; health, safety, and compliance training; and equal employment
opportunity compliance functions;
(e) The Office of Finance and Budget shall be headed by an executive director appointed by the secretary
with the approval of the Governor in accordance with KRS 12.050. The office shall provide central
review and oversight of budget, contract, and cabinet finances. The office shall provide coordination,
assistance, and support to program departments and independent review and analysis on behalf of the
secretary;
(f) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide central review and oversight of legislation, policy, and administrative regulations. The office
shall provide coordination, assistance, and support to program departments and independent review and
analysis on behalf of the secretary;
(g) The Office of Administrative Services shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide
central review and oversight of procurement, general accounting including grant monitoring, and
facility management. The office shall provide coordination, assistance, and support to program
departments and independent review and analysis on behalf of the secretary;
(h) The Office of Application Technology Services shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide application technology services including central review and oversight. The office shall provide
coordination, assistance, and support to program departments and independent review and analysis on
behalf of the secretary;[ and]
(i) The Office of Data Analytics shall be headed by an executive director who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050 and shall identify and innovate strategic
initiatives to inform public policy initiatives and provide opportunities for improved health outcomes
for all Kentuckians though data analytics. The office shall provide leadership in the redesign of the
health care delivery system using electronic information technology to improve patient care and reduce
medical errors and duplicative services; and
(j) The Office of Medical Cannabis shall be headed by an executive director appointed by the Governor
in accordance with KRS 12.040 and shall implement, operate, oversee, and regulate the medicinal
cannabis program. The office shall be composed of the Division of Enforcement and Compliance
and the Division of Licensure and Access. Each division in the office shall be headed by a director
appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.
(2) Department for Medicaid Services. The Department for Medicaid Services shall serve as the single state
agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for
Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for Medicaid services shall
be a person who by experience and training in administration and management is qualified to perform the
duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for
Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated
by the secretary;
(3) Department for Public Health. The Department for Public Health shall develop and operate all programs of the
cabinet that provide health services and all programs for assessing the health status of the population for the
promotion of health and the prevention of disease, injury, disability, and premature death. This shall include
but not be limited to oversight of the Division of Women's Health and the Office for Children with Special
Health Care Needs. The duties, responsibilities, and authority set out in KRS 200.460 to 200.490 shall be
performed by the Department for Public Health. The Department for Public Health shall advocate for the
rights of children with disabilities and, to the extent that funds are available, shall ensure the administration of
services for children with disabilities as are deemed appropriate by this office pursuant to Title V of the Social
Security Act. The Department for Public Health may promulgate administrative regulations under KRS
Chapter 13A as may be necessary to implement and administer its responsibilities. The Office for Children
with Special Health Care Needs may be headed by an executive director appointed by the secretary with the
approval of the Governor in accordance with KRS 12.050. The Department for Public Health shall be headed
by a commissioner for public health who shall be appointed by the secretary with the approval of the Governor ACTS OF THE GENERAL ASSEMBLY 68
under KRS 12.050. The commissioner for public health shall be a duly licensed physician who by experience
and training in administration and management is qualified to perform the duties of this office. The
commissioner shall advise the head of each major organizational unit enumerated in this section on policies,
plans, and programs relating to all matters of public health, including any actions necessary to safeguard the
health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the
Commonwealth. The commissioner for public health shall exercise authority over the Department for Public
Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the
secretary;
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The Department for
Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the
prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use
disorders and shall develop and administer an array of services and support for the treatment, habilitation, and
rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual
disability, brain injury, developmental disability, or a substance use disorder. The Department for Behavioral
Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health,
developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for behavioral health, developmental and intellectual
disabilities shall be by training and experience in administration and management qualified to perform the
duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall
exercise authority over the department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
(5) Department for Family Resource Centers and Volunteer Services. The Department for Family Resource
Centers and Volunteer Services shall streamline the various responsibilities associated with the human services
programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the
Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family
Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for family resource centers
and volunteer services shall be by training and experience in administration and management qualified to
perform the duties of the office, shall exercise authority over the department under the direction of the
secretary, and shall only fulfill those responsibilities as delegated by the secretary;
(6) Department for Community Based Services. The Department for Community Based Services shall administer
and be responsible for child and adult protection, guardianship services, violence prevention resources, foster
care and adoption, permanency, and services to enhance family self-sufficiency, including child care, social
services, public assistance, and family support. The department shall be headed by a commissioner appointed
by the secretary with the approval of the Governor in accordance with KRS 12.050;
(7) Department for Income Support. The Department for Income Support shall be responsible for child support
enforcement and disability determination. The department shall serve as the state unit as required by Title II
and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability
for those citizens of the Commonwealth who file applications for disability with the Social Security
Administration. The department shall be headed by a commissioner appointed by the secretary with the
approval of the Governor in accordance with KRS 12.050; and
(8) Department for Aging and Independent Living. The Department for Aging and Independent Living shall serve
as the state unit as designated by the Administration on Aging Services under the Older Americans Act and
shall have responsibility for administration of the federal community support services, in-home services,
meals, family and caregiver support services, elder rights and legal assistance, senior community services
employment program, the state health insurance assistance program, state home and community based services
including home care, Alzheimer's respite services and the personal care attendant program, certifications of
assisted living facilities, and the state Council on Alzheimer's Disease and other related disorders. The
department shall also administer the Long-Term Care Ombudsman Program and the Medicaid Home and
Community Based Waivers Participant Directed Services Option (PDS) Program. The department shall serve
as the information and assistance center for aging and disability services and administer multiple federal grants
and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with
the approval of the Governor in accordance with KRS 12.050.
Section 22. KRS 194A.030 (Effective July 1, 2025) is amended to read as follows:
The cabinet consists of the following major organizational units, which are hereby created: CHAPTER 195
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(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office of Legal Services, an
Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office
of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services,
an Office of Application Technology Services, [and ]an Office of Data Analytics, and an Office of Medical
Cannabis as follows:
(a) The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any
legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the
cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning
the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general
counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050
and 12.210. The general counsel shall be the chief legal advisor to the secretary and shall be directly
responsible to the secretary. The Attorney General, on the request of the secretary, may designate the
general counsel as an assistant attorney general under the provisions of KRS 15.105;
(b) The Office of Inspector General shall be headed by an inspector general who shall be appointed by the
secretary with the approval of the Governor. The inspector general shall be directly responsible to the
secretary. The Office of Inspector General shall be responsible for:
1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any
program by any client, or by any vendor of services with whom the cabinet has contracted; and
the conduct of special investigations requested by the secretary, commissioners, or office heads
of the cabinet into matters related to the cabinet or its programs;
2. Licensing and regulatory functions as the secretary may delegate;
3. Review of health facilities participating in transplant programs, as determined by the secretary,
for the purpose of determining any violations of KRS 311.1911 to 311.1959, 311.1961, and
311.1963;
4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the
licensure appeals functions, pursuant to KRS Chapter 216B;
5. The notification and forwarding of any information relevant to possible criminal violations to the
appropriate prosecuting authority;
6. The oversight of the operations of the Kentucky Health Information Exchange; and
7. The support and guidance to health care providers related to telehealth services, including the
development of policy, standards, resources, and education to expand telehealth services across
the Commonwealth;
(c) The Office of Public Affairs shall be headed by an executive director appointed by the secretary with
the approval of the Governor in accordance with KRS 12.050. The office shall provide information to
the public and news media about the programs, services, and initiatives of the cabinet;
(d) The Office of Human Resource Management shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The
office shall focus on the oversight, development, and implementation of quality improvement services;
curriculum development and delivery of instruction to staff; the administration, management, and
oversight of training operations; health, safety, and compliance training; and equal employment
opportunity compliance functions;
(e) The Office of Finance and Budget shall be headed by an executive director appointed by the secretary
with the approval of the Governor in accordance with KRS 12.050. The office shall provide central
review and oversight of budget, contract, and cabinet finances. The office shall provide coordination,
assistance, and support to program departments and independent review and analysis on behalf of the
secretary;
(f) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide central review and oversight of legislation, policy, and administrative regulations. The office ACTS OF THE GENERAL ASSEMBLY 70
shall provide coordination, assistance, and support to program departments and independent review and
analysis on behalf of the secretary;
(g) The Office of Administrative Services shall be headed by an executive director appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide
central review and oversight of procurement, general accounting including grant monitoring, and
facility management. The office shall provide coordination, assistance, and support to program
departments and independent review and analysis on behalf of the secretary;
(h) The Office of Application Technology Services shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall
provide application technology services including central review and oversight. The office shall provide
coordination, assistance, and support to program departments and independent review and analysis on
behalf of the secretary;[ and]
(i) The Office of Data Analytics shall be headed by an executive director who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050 and shall identify and innovate strategic
initiatives to inform public policy initiatives and provide opportunities for improved health outcomes
for all Kentuckians though data analytics. The office shall provide leadership in the redesign of the
health care delivery system using electronic information technology to improve patient care and reduce
medical errors and duplicative services; and
(j) The Office of Medical Cannabis shall be headed by an executive director appointed by the Governor
in accordance with KRS 12.040 and shall implement, operate, oversee, and regulate the medicinal
cannabis program. The office shall be composed of the Division of Enforcement and Compliance
and the Division of Licensure and Access. Each division in the office shall be headed by a director
appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.
(2) Department for Medicaid Services. The Department for Medicaid Services shall serve as the single state
agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for
Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for Medicaid services shall
be a person who by experience and training in administration and management is qualified to perform the
duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for
Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated
by the secretary;
(3) Department for Public Health. The Department for Public Health shall develop and operate all programs of the
cabinet that provide health services and all programs for assessing the health status of the population for the
promotion of health and the prevention of disease, injury, disability, and premature death. This shall include
but not be limited to oversight of the Division of Women's Health and the Office for Children with Special
Health Care Needs. The duties, responsibilities, and authority set out in KRS 200.460 to 200.490 shall be
performed by the Department for Public Health. The Department for Public Health shall advocate for the
rights of children with disabilities and, to the extent that funds are available, shall ensure the administration of
services for children with disabilities as are deemed appropriate by this office pursuant to Title V of the Social
Security Act. The Department for Public Health may promulgate administrative regulations under KRS
Chapter 13A as may be necessary to implement and administer its responsibilities. The Office for Children
with Special Health Care Needs may be headed by an executive director appointed by the secretary with the
approval of the Governor in accordance with KRS 12.050. The Department for Public Health shall be headed
by a commissioner for public health who shall be appointed by the secretary with the approval of the Governor
under KRS 12.050. The commissioner for public health shall be a duly licensed physician who by experience
and training in administration and management is qualified to perform the duties of this office. The
commissioner shall advise the head of each major organizational unit enumerated in this section on policies,
plans, and programs relating to all matters of public health, including any actions necessary to safeguard the
health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the
Commonwealth. The commissioner for public health shall exercise authority over the Department for Public
Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the
secretary;
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The Department for
Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the
prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use
disorders and shall develop and administer an array of services and support for the treatment, habilitation, and CHAPTER 195
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rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual
disability, brain injury, developmental disability, or a substance use disorder. The Department for Behavioral
Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health,
developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for behavioral health, developmental and intellectual
disabilities shall be by training and experience in administration and management qualified to perform the
duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall
exercise authority over the department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
(5) Department for Family Resource Centers and Volunteer Services. The Department for Family Resource
Centers and Volunteer Services shall streamline the various responsibilities associated with the human services
programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the
Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family
Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner for family resource centers
and volunteer services shall be by training and experience in administration and management qualified to
perform the duties of the office, shall exercise authority over the department under the direction of the
secretary, and shall only fulfill those responsibilities as delegated by the secretary;
(6) Department for Community Based Services. The Department for Community Based Services shall administer
and be responsible for child and adult protection, guardianship services, violence prevention resources, foster
care and adoption, permanency, and services to enhance family self-sufficiency, including child care, social
services, public assistance, and family support. The department shall be headed by a commissioner appointed
by the secretary with the approval of the Governor in accordance with KRS 12.050; and
(7) Department for Aging and Independent Living. The Department for Aging and Independent Living shall serve
as the state unit as designated by the Administration on Aging Services under the Older Americans Act and
shall have responsibility for administration of the federal community support services, in-home services,
meals, family and caregiver support services, elder rights and legal assistance, senior community services
employment program, the state health insurance assistance program, state home and community based services
including home care, Alzheimer's respite services and the personal care attendant program, certifications of
assisted living facilities, and the state Council on Alzheimer's Disease and other related disorders. The
department shall also administer the Long-Term Care Ombudsman Program and the Medicaid Home and
Community Based Waivers Participant Directed Services Option (PDS) Program. The department shall serve
as the information and assistance center for aging and disability services and administer multiple federal grants
and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with
the approval of the Governor in accordance with KRS 12.050.
Section 23. Sections 10, 11, and 12 of this Act take effect July 1, 2024.
Section 24. 2023 Ky. Acts ch. 146, sec. 42, is amended to read as follows:
Section 2, Section 5, Sections 17 to 24, Section 30, Section 32, and Sections 35 to 37 of this Act take effect
July 1, 2024, and Section 4, Sections 6 to 8,[Sections 4 to 8,] Section 10, and Sections 12 to 14[, Sections 17 to 24,
Section 30, Section 32, and Sections 35 to 37] of this Act take effect January 1, 2025.
Section 25. Whereas medicinal cannabis businesses cannot ensure an adequate supply of medicinal
cannabis in 2025 without becoming licensed and operational in 2024, and the Cabinet for Health and Family Services
cannot issue licenses to medicinal cannabis businesses in 2024 under current law, an emergency is declared to exist,
and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Signed by Governor April 17, 2024.