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AN ACT relating to medicinal cannabis and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 12.020 (Effective until July 1, 2024) is amended to read as 3
follows: 4
Departments, program cabinets and their departments, and the respective major 5
administrative bodies that they include are enumerated in this section. It is not intended 6
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 7
bureau, interstate compact, commission, committee, conference, council, office, or any 8
other form of organization shall be included in or attached to the department or program 9
cabinet in which they are included or to which they are attached by statute or statutorily 10
authorized executive order; except in the case of the Personnel Board and where the 11
attached department or administrative body is headed by a constitutionally elected 12
officer, the attachment shall be solely for the purpose of dissemination of information and 13
coordination of activities and shall not include any authority over the functions, 14
personnel, funds, equipment, facilities, or records of the department or administrative 15
body. 16
I. Cabinet for General Government - Departments headed by elected officers: 17
(1) The Governor. 18
(2) Lieutenant Governor. 19
(3) Department of State. 20
(a) Secretary of State. 21
(b) Board of Elections. 22
(c) Registry of Election Finance. 23
(4) Department of Law. 24
(a) Attorney General. 25
(5) Department of the Treasury. 26
(a) Treasurer. 27 UNOFFICIAL COPY 24 RS BR 2421
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(6) Department of Agriculture. 1
(a) Commissioner of Agriculture. 2
(b) Agricultural Development Board. 3
(c) Kentucky Agricultural Finance Corporation. 4
(7) Auditor of Public Accounts. 5
II. Program cabinets headed by appointed officers: 6
(1) Justice and Public Safety Cabinet: 7
(a) Department of Kentucky State Police. 8
1. Office of Administrative Services. 9
a. Division of Operational Support. 10
b. Division of Management Services. 11
2. Office of Operations. 12
a. Division of West Troops. 13
b. Division of East Troops. 14
c. Division of Special Enforcement. 15
d. Division of Commercial Vehicle Enforcement. 16
3. Office of Technical Services. 17
a. Division of Forensic Sciences. 18
b. Division of Electronic Services. 19
c. Division of Records Management. 20
(b) Department of Criminal Justice Training. 21
(c) Department of Corrections. 22
(d) Department of Juvenile Justice. 23
(e) Office of the Secretary. 24
(f) Office of Drug Control Policy. 25
(g) Office of Legal Services. 26
(h) Office of the Kentucky State Medical Examiner. 27 UNOFFICIAL COPY 24 RS BR 2421
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(i) Parole Board. 1
(j) Kentucky State Corrections Commission. 2
(k) Office of Legislative and Intergovernmental Services. 3
(l) Office of Human Resource Management. 4
1. Division of Human Resource Administration. 5
2. Division of Employee Management. 6
(m) Department of Public Advocacy. 7
(n) Office of Communications. 8
1. Information Technology Services Division. 9
(o) Office of Financial Management Services. 10
1. Division of Financial Management. 11
(p) Grants Management Division. 12
(2) Energy and Environment Cabinet: 13
(a) Office of the Secretary. 14
1. Office of Legislative and Intergovernmental Affairs. 15
2. Office of Legal Services. 16
a. Legal Division I. 17
b. Legal Division II. 18
3. Office of Administrative Hearings. 19
4. Office of Communication. 20
5. Mine Safety Review Commission. 21
6. Office of Kentucky Nature Preserves. 22
7. Kentucky Public Service Commission. 23
(b) Department for Environmental Protection. 24
1. Office of the Commissioner. 25
2. Division for Air Quality. 26
3. Division of Water. 27 UNOFFICIAL COPY 24 RS BR 2421
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4. Division of Environmental Program Support. 1
5. Division of Waste Management. 2
6. Division of Enforcement. 3
7. Division of Compliance Assistance. 4
(c) Department for Natural Resources. 5
1. Office of the Commissioner. 6
2. Division of Mine Permits. 7
3. Division of Mine Reclamation and Enforcement. 8
4. Division of Abandoned Mine Lands. 9
5. Division of Oil and Gas. 10
6. Division of Mine Safety. 11
7. Division of Forestry. 12
8. Division of Conservation. 13
9. Office of the Reclamation Guaranty Fund. 14
(d) Office of Energy Policy. 15
1. Division of Energy Assistance. 16
(e) Office of Administrative Services. 17
1. Division of Human Resources Management. 18
2. Division of Financial Management. 19
3. Division of Information Services. 20
(3) Public Protection Cabinet. 21
(a) Office of the Secretary. 22
1. Office of Communications and Public Outreach. 23
2. Office of Legal Services. 24
a. Insurance Legal Division. 25
b. Charitable Gaming Legal Division. 26
c. Alcoholic Beverage Control Legal Division. 27 UNOFFICIAL COPY 24 RS BR 2421
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d. Housing, Buildings and Construction Legal Division. 1
e. Financial Institutions Legal Division. 2
f. Professional Licensing Legal Division. 3
3. Office of Administrative Hearings. 4
4. Office of Administrative Services. 5
a. Division of Human Resources. 6
b. Division of Fiscal Responsibility. 7
(b) Office of Claims and Appeals. 8
1. Board of Tax Appeals. 9
2. Board of Claims. 10
3. Crime Victims Compensation Board. 11
(c) Kentucky Boxing and Wrestling Commission. 12
(d) Kentucky Horse Racing Commission. 13
1. Office of Executive Director. 14
a. Division of Pari-mutuel Wagering and Compliance. 15
b. Division of Stewards. 16
c. Division of Licensing. 17
d. Division of Enforcement. 18
e. Division of Incentives and Development. 19
f. Division of Veterinary Services. 20
(e) Department of Alcoholic Beverage Control. 21
1. Division of Distilled Spirits. 22
2. Division of Malt Beverages. 23
3. Division of Enforcement. 24
(f) Department of Charitable Gaming. 25
1. Division of Licensing and Compliance. 26
2. Division of Enforcement. 27 UNOFFICIAL COPY 24 RS BR 2421
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(g) Department of Financial Institutions. 1
1. Division of Depository Institutions. 2
2. Division of Non-Depository Institutions. 3
3. Division of Securities. 4
(h) Department of Housing, Buildings and Construction. 5
1. Division of Fire Prevention. 6
2. Division of Plumbing. 7
3. Division of Heating, Ventilation, and Air Conditioning. 8
4. Division of Building Code Enforcement. 9
(i) Department of Insurance. 10
1. Division of Health and Life Insurance and Managed Care. 11
2. Division of Property and Casualty Insurance. 12
3. Division of Administrative Services. 13
4. Division of Financial Standards and Examination. 14
5. Division of Licensing. 15
6. Division of Insurance Fraud Investigation. 16
7. Division of Consumer Protection. 17
(j) Department of Professional Licensing. 18
1. Real Estate Authority. 19
(4) Transportation Cabinet: 20
(a) Department of Highways. 21
1. Office of Project Development. 22
2. Office of Project Delivery and Preservation. 23
3. Office of Highway Safety. 24
4. Highway District Offices One through Twelve. 25
(b) Department of Vehicle Regulation. 26
(c) Department of Aviation. 27 UNOFFICIAL COPY 24 RS BR 2421
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(d) Department of Rural and Municipal Aid. 1
1. Office of Local Programs. 2
2. Office of Rural and Secondary Roads. 3
(e) Office of the Secretary. 4
1. Office of Public Affairs. 5
2. Office for Civil Rights and Small Business Development. 6
3. Office of Budget and Fiscal Management. 7
4. Office of Inspector General. 8
5. Secretary's Office of Safety. 9
(f) Office of Support Services. 10
(g) Office of Transportation Delivery. 11
(h) Office of Audits. 12
(i) Office of Human Resource Management. 13
(j) Office of Information Technology. 14
(k) Office of Legal Services. 15
(5) Cabinet for Economic Development: 16
(a) Office of the Secretary. 17
1. Office of Legal Services. 18
2. Department for Business and Community Development. 19
a. Development and Retention Division - West Kentucky. 20
b. Development, Retention, and Administrative Division - 21
Central and East Kentucky. 22
c. Community and Workforce Development Division. 23
3. Department for Financial Services. 24
a. Kentucky Economic Development Finance Authority. 25
b. Finance and Personnel Division. 26
c. IT and Resource Management Division. 27 UNOFFICIAL COPY 24 RS BR 2421
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d. Compliance Division. 1
e. Program Administration Division. 2
f. Bluegrass State Skills Corporation. 3
4. Office of Strategy and Public Affairs. 4
a. Marketing and Communications Division. 5
b. Research and Strategy Division. 6
5. Office of Entrepreneurship and Innovation. 7
a. Commission on Small Business Innovation and Advocacy. 8
(6) Cabinet for Health and Family Services: 9
(a) Office of the Secretary. 10
1. Office of the Ombudsman and Administrative Review. 11
2. Office of Public Affairs. 12
3. Office of Legal Services. 13
4. Office of Inspector General. 14
5. Office of Human Resource Management. 15
6. Office of Finance and Budget. 16
7. Office of Legislative and Regulatory Affairs. 17
8. Office of Administrative Services. 18
9. Office of Application Technology Services. 19
10. Office of Data Analytics. 20
11. Office of Medical Cannabis. 21
a. Division of Enforcement and Compliance. 22
b. Division of Licensure and Access. 23
(b) Department for Public Health. 24
(c) Department for Medicaid Services. 25
(d) Department for Behavioral Health, Developmental and Intellectual 26
Disabilities. 27 UNOFFICIAL COPY 24 RS BR 2421
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(e) Department for Aging and Independent Living. 1
(f) Department for Community Based Services. 2
(g) Department for Income Support. 3
(h) Department for Family Resource Centers and Volunteer Services. 4
(i) Office for Children with Special Health Care Needs. 5
(7) Finance and Administration Cabinet: 6
(a) Office of the Secretary. 7
(b) Office of the Inspector General. 8
(c) Office of Legislative and Intergovernmental Affairs. 9
(d) Office of General Counsel. 10
(e) Office of the Controller. 11
(f) Office of Administrative Services. 12
(g) Office of Policy and Audit. 13
(h) Department for Facilities and Support Services. 14
(i) Department of Revenue. 15
(j) Commonwealth Office of Technology. 16
(k) State Property and Buildings Commission. 17
(l) Office of Equal Employment Opportunity and Contract Compliance. 18
(m) Kentucky Employees Retirement Systems. 19
(n) Commonwealth Credit Union. 20
(o) State Investment Commission. 21
(p) Kentucky Housing Corporation. 22
(q) Kentucky Local Correctional Facilities Construction Authority. 23
(r) Kentucky Turnpike Authority. 24
(s) Historic Properties Advisory Commission. 25
(t) Kentucky Higher Education Assistance Authority. 26
(u) Kentucky River Authority. 27 UNOFFICIAL COPY 24 RS BR 2421
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(v) Kentucky Teachers' Retirement System Board of Trustees. 1
(w) Executive Branch Ethics Commission. 2
(x) Office of Fleet Management. 3
(8) Tourism, Arts and Heritage Cabinet: 4
(a) Kentucky Department of Tourism. 5
1. Division of Tourism Services. 6
2. Division of Marketing and Administration. 7
3. Division of Communications and Promotions. 8
(b) Kentucky Department of Parks. 9
1. Division of Information Technology. 10
2. Division of Human Resources. 11
3. Division of Financial Operations. 12
4. Division of Purchasing. 13
5. Division of Facilities. 14
6. Division of Park Operations. 15
7. Division of Sales, Marketing, and Customer Service. 16
8. Division of Engagement. 17
9. Division of Food Services. 18
10. Division of Rangers. 19
(c) Department of Fish and Wildlife Resources. 20
1. Division of Law Enforcement. 21
2. Division of Administrative Services. 22
3. Division of Engineering, Infrastructure, and Technology. 23
4. Division of Fisheries. 24
5. Division of Information and Education. 25
6. Division of Wildlife. 26
7. Division of Marketing. 27 UNOFFICIAL COPY 24 RS BR 2421
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(d) Kentucky Horse Park. 1
1. Division of Support Services. 2
2. Division of Buildings and Grounds. 3
3. Division of Operational Services. 4
(e) Kentucky State Fair Board. 5
1. Office of Administrative and Information Technology Services. 6
2. Office of Human Resources and Access Control. 7
3. Division of Expositions. 8
4. Division of Kentucky Exposition Center Operations. 9
5. Division of Kentucky International Convention Center. 10
6. Division of Public Relations and Media. 11
7. Division of Venue Services. 12
8. Division of Personnel Management and Staff Development. 13
9. Division of Sales. 14
10. Division of Security and Traffic Control. 15
11. Division of Information Technology. 16
12. Division of the Louisville Arena. 17
13. Division of Fiscal and Contract Management. 18
14. Division of Access Control. 19
(f) Office of the Secretary. 20
1. Office of Finance. 21
2. Office of Government Relations and Administration. 22
(g) Office of Legal Affairs. 23
(h) Office of Human Resources. 24
(i) Office of Public Affairs and Constituent Services. 25
(j) Office of Arts and Cultural Heritage. 26
(k) Kentucky African-American Heritage Commission. 27 UNOFFICIAL COPY 24 RS BR 2421
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(l) Kentucky Foundation for the Arts. 1
(m) Kentucky Humanities Council. 2
(n) Kentucky Heritage Council. 3
(o) Kentucky Arts Council. 4
(p) Kentucky Historical Society. 5
1. Division of Museums. 6
2. Division of Oral History and Educational Outreach. 7
3. Division of Research and Publications. 8
4. Division of Administration. 9
(q) Kentucky Center for the Arts. 10
1. Division of Governor's School for the Arts. 11
(r) Kentucky Artisans Center at Berea. 12
(s) Northern Kentucky Convention Center. 13
(t) Eastern Kentucky Exposition Center. 14
(9) Personnel Cabinet: 15
(a) Office of the Secretary. 16
(b) Department of Human Resources Administration. 17
(c) Office of Employee Relations. 18
(d) Kentucky Public Employees Deferred Compensation Authority. 19
(e) Office of Administrative Services. 20
(f) Office of Legal Services. 21
(g) Governmental Services Center. 22
(h) Department of Employee Insurance. 23
(i) Office of Diversity, Equality, and Training. 24
(j) Office of Public Affairs. 25
(10) Education and Labor Cabinet: 26
(a) Office of the Secretary. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Office of Legal Services. 1
a. Workplace Standards Legal Division. 2
b. Workers' Claims Legal Division. 3
c. Workforce Development Legal Division. 4
2. Office of Administrative Services. 5
a. Division of Human Resources Management. 6
b. Division of Fiscal Management. 7
c. Division of Operations and Support Services. 8
3. Office of Technology Services. 9
a. Division of Information Technology Services. 10
4. Office of Policy and Audit. 11
5. Office of Legislative Services. 12
6. Office of Communications. 13
7. Office of the Kentucky Center for Statistics. 14
8. Board of the Kentucky Center for Statistics. 15
9. Early Childhood Advisory Council. 16
10. Governors' Scholars Program. 17
11. Governor's School for Entrepreneurs Program. 18
12. Foundation for Adult Education. 19
(b) Department of Education. 20
1. Kentucky Board of Education. 21
2. Kentucky Technical Education Personnel Board. 22
3. Education Professional Standards Board. 23
(c) Board of Directors for the Center for School Safety. 24
(d) Department for Libraries and Archives. 25
(e) Kentucky Environmental Education Council. 26
(f) Kentucky Educational Television. 27 UNOFFICIAL COPY 24 RS BR 2421
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(g) Kentucky Commission on the Deaf and Hard of Hearing. 1
(h) Department of Workforce Development. 2
1. Career Development Office. 3
2. Office of Vocational Rehabilitation. 4
a. Division of Kentucky Business Enterprise. 5
b. Division of the Carl D. Perkins Vocational Training Center. 6
c. Division of Blind Services. 7
d. Division of Field Services. 8
e. Statewide Council for Vocational Rehabilitation. 9
f. Employment First Council. 10
3. Office of Employer and Apprenticeship Services. 11
a. Division of Apprenticeship. 12
4. Kentucky Apprenticeship Council. 13
5. Division of Technical Assistance. 14
6. Office of Adult Education. 15
7. Office of the Kentucky Workforce Innovation Board. 16
(i) Department of Workplace Standards. 17
1. Division of Occupational Safety and Health Compliance. 18
2. Division of Occupational Safety and Health Education and 19
Training. 20
3. Division of Wages and Hours. 21
(j) Office of Unemployment Insurance. 22
(k) Kentucky Unemployment Insurance Commission. 23
(l) Department of Workers' Claims. 24
1. Division of Workers' Compensation Funds. 25
2. Office of Administrative Law Judges. 26
3. Division of Claims Processing. 27 UNOFFICIAL COPY 24 RS BR 2421
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4. Division of Security and Compliance. 1
5. Division of Specialist and Medical Services. 2
6. Workers' Compensation Board. 3
(m) Workers' Compensation Funding Commission. 4
(n) Kentucky Occupational Safety and Health Standards Board. 5
(o) State Labor Relations Board. 6
(p) Employers' Mutual Insurance Authority. 7
(q) Kentucky Occupational Safety and Health Review Commission. 8
(r) Workers' Compensation Nominating Committee. 9
(s) Office of Educational Programs. 10
(t) Kentucky Workforce Innovation Board. 11
(u) Kentucky Commission on Proprietary Education. 12
(v) Kentucky Work Ready Skills Advisory Committee. 13
(w) Kentucky Geographic Education Board. 14
III. Other departments headed by appointed officers: 15
(1) Council on Postsecondary Education. 16
(2) Department of Military Affairs. 17
(3) Department for Local Government. 18
(4) Kentucky Commission on Human Rights. 19
(5) Kentucky Commission on Women. 20
(6) Department of Veterans' Affairs. 21
(7) Kentucky Commission on Military Affairs. 22
(8) Office of Minority Empowerment. 23
(9) Governor's Council on Wellness and Physical Activity. 24
(10) Kentucky Communications Network Authority. 25
Section 2. KRS 12.020 (Effective between July 1, 2024, and July 1, 2025) is 26
amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 2421
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Departments, program cabinets and their departments, and the respective major 1
administrative bodies that they include are enumerated in this section. It is not intended 2
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 3
bureau, interstate compact, commission, committee, conference, council, office, or any 4
other form of organization shall be included in or attached to the department or program 5
cabinet in which they are included or to which they are attached by statute or statutorily 6
authorized executive order; except in the case of the Personnel Board and where the 7
attached department or administrative body is headed by a constitutionally elected 8
officer, the attachment shall be solely for the purpose of dissemination of information and 9
coordination of activities and shall not include any authority over the functions, 10
personnel, funds, equipment, facilities, or records of the department or administrative 11
body. 12
I. Cabinet for General Government - Departments headed by elected officers: 13
(1) The Governor. 14
(2) Lieutenant Governor. 15
(3) Department of State. 16
(a) Secretary of State. 17
(b) Board of Elections. 18
(c) Registry of Election Finance. 19
(4) Department of Law. 20
(a) Attorney General. 21
(5) Department of the Treasury. 22
(a) Treasurer. 23
(6) Department of Agriculture. 24
(a) Commissioner of Agriculture. 25
(b) Agricultural Development Board. 26
(c) Kentucky Agricultural Finance Corporation. 27 UNOFFICIAL COPY 24 RS BR 2421
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(7) Auditor of Public Accounts. 1
(a) Commonwealth Office of the Ombudsman. 2
II. Program cabinets headed by appointed officers: 3
(1) Justice and Public Safety Cabinet: 4
(a) Department of Kentucky State Police. 5
1. Office of Administrative Services. 6
a. Division of Operational Support. 7
b. Division of Management Services. 8
2. Office of Operations. 9
a. Division of West Troops. 10
b. Division of East Troops. 11
c. Division of Special Enforcement. 12
d. Division of Commercial Vehicle Enforcement. 13
3. Office of Technical Services. 14
a. Division of Forensic Sciences. 15
b. Division of Electronic Services. 16
c. Division of Records Management. 17
(b) Department of Criminal Justice Training. 18
(c) Department of Corrections. 19
(d) Department of Juvenile Justice. 20
(e) Office of the Secretary. 21
(f) Office of Drug Control Policy. 22
(g) Office of Legal Services. 23
(h) Office of the Kentucky State Medical Examiner. 24
(i) Parole Board. 25
(j) Kentucky State Corrections Commission. 26
(k) Office of Legislative and Intergovernmental Services. 27 UNOFFICIAL COPY 24 RS BR 2421
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(l) Office of Human Resource Management. 1
1. Division of Human Resource Administration. 2
2. Division of Employee Management. 3
(m) Department of Public Advocacy. 4
(n) Office of Communications. 5
1. Information Technology Services Division. 6
(o) Office of Financial Management Services. 7
1. Division of Financial Management. 8
(p) Grants Management Division. 9
(2) Energy and Environment Cabinet: 10
(a) Office of the Secretary. 11
1. Office of Legislative and Intergovernmental Affairs. 12
2. Office of Legal Services. 13
a. Legal Division I. 14
b. Legal Division II. 15
3. Office of Administrative Hearings. 16
4. Office of Communication. 17
5. Mine Safety Review Commission. 18
6. Office of Kentucky Nature Preserves. 19
7. Kentucky Public Service Commission. 20
(b) Department for Environmental Protection. 21
1. Office of the Commissioner. 22
2. Division for Air Quality. 23
3. Division of Water. 24
4. Division of Environmental Program Support. 25
5. Division of Waste Management. 26
6. Division of Enforcement. 27 UNOFFICIAL COPY 24 RS BR 2421
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7. Division of Compliance Assistance. 1
(c) Department for Natural Resources. 2
1. Office of the Commissioner. 3
2. Division of Mine Permits. 4
3. Division of Mine Reclamation and Enforcement. 5
4. Division of Abandoned Mine Lands. 6
5. Division of Oil and Gas. 7
6. Division of Mine Safety. 8
7. Division of Forestry. 9
8. Division of Conservation. 10
9. Office of the Reclamation Guaranty Fund. 11
(d) Office of Energy Policy. 12
1. Division of Energy Assistance. 13
(e) Office of Administrative Services. 14
1. Division of Human Resources Management. 15
2. Division of Financial Management. 16
3. Division of Information Services. 17
(3) Public Protection Cabinet. 18
(a) Office of the Secretary. 19
1. Office of Communications and Public Outreach. 20
2. Office of Legal Services. 21
a. Insurance Legal Division. 22
b. Charitable Gaming Legal Division. 23
c. Alcoholic Beverage Control Legal Division. 24
d. Housing, Buildings and Construction Legal Division. 25
e. Financial Institutions Legal Division. 26
f. Professional Licensing Legal Division. 27 UNOFFICIAL COPY 24 RS BR 2421
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3. Office of Administrative Hearings. 1
4. Office of Administrative Services. 2
a. Division of Human Resources. 3
b. Division of Fiscal Responsibility. 4
(b) Office of Claims and Appeals. 5
1. Board of Tax Appeals. 6
2. Board of Claims. 7
3. Crime Victims Compensation Board. 8
(c) Kentucky Boxing and Wrestling Commission. 9
(d) Kentucky Horse Racing Commission. 10
1. Office of Executive Director. 11
a. Division of Pari-mutuel Wagering and Compliance. 12
b. Division of Stewards. 13
c. Division of Licensing. 14
d. Division of Enforcement. 15
e. Division of Incentives and Development. 16
f. Division of Veterinary Services. 17
(e) Department of Alcoholic Beverage Control. 18
1. Division of Distilled Spirits. 19
2. Division of Malt Beverages. 20
3. Division of Enforcement. 21
(f) Department of Charitable Gaming. 22
1. Division of Licensing and Compliance. 23
2. Division of Enforcement. 24
(g) Department of Financial Institutions. 25
1. Division of Depository Institutions. 26
2. Division of Non-Depository Institutions. 27 UNOFFICIAL COPY 24 RS BR 2421
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3. Division of Securities. 1
(h) Department of Housing, Buildings and Construction. 2
1. Division of Fire Prevention. 3
2. Division of Plumbing. 4
3. Division of Heating, Ventilation, and Air Conditioning. 5
4. Division of Building Code Enforcement. 6
(i) Department of Insurance. 7
1. Division of Health and Life Insurance and Managed Care. 8
2. Division of Property and Casualty Insurance. 9
3. Division of Administrative Services. 10
4. Division of Financial Standards and Examination. 11
5. Division of Licensing. 12
6. Division of Insurance Fraud Investigation. 13
7. Division of Consumer Protection. 14
(j) Department of Professional Licensing. 15
1. Real Estate Authority. 16
(4) Transportation Cabinet: 17
(a) Department of Highways. 18
1. Office of Project Development. 19
2. Office of Project Delivery and Preservation. 20
3. Office of Highway Safety. 21
4. Highway District Offices One through Twelve. 22
(b) Department of Vehicle Regulation. 23
(c) Department of Aviation. 24
(d) Department of Rural and Municipal Aid. 25
1. Office of Local Programs. 26
2. Office of Rural and Secondary Roads. 27 UNOFFICIAL COPY 24 RS BR 2421
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(e) Office of the Secretary. 1
1. Office of Public Affairs. 2
2. Office for Civil Rights and Small Business Development. 3
3. Office of Budget and Fiscal Management. 4
4. Office of Inspector General. 5
5. Secretary's Office of Safety. 6
(f) Office of Support Services. 7
(g) Office of Transportation Delivery. 8
(h) Office of Audits. 9
(i) Office of Human Resource Management. 10
(j) Office of Information Technology. 11
(k) Office of Legal Services. 12
(5) Cabinet for Economic Development: 13
(a) Office of the Secretary. 14
1. Office of Legal Services. 15
2. Department for Business and Community Development. 16
a. Development and Retention Division – West Kentucky. 17
b. Development, Retention, and Administrative Division – 18
Central and East Kentucky. 19
c. Community and Workforce Development Division. 20
3. Department for Financial Services. 21
a. Kentucky Economic Development Finance Authority. 22
b. Finance and Personnel Division. 23
c. IT and Resource Management Division. 24
d. Compliance Division. 25
e. Program Administration Division. 26
f. Bluegrass State Skills Corporation. 27 UNOFFICIAL COPY 24 RS BR 2421
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4. Office of Strategy and Public Affairs. 1
a. Marketing and Communications Division. 2
b. Research and Strategy Division. 3
5. Office of Entrepreneurship and Innovation. 4
a. Commission on Small Business Innovation and Advocacy. 5
(6) Cabinet for Health and Family Services: 6
(a) Office of the Secretary. 7
1. Office of Public Affairs. 8
2. Office of Legal Services. 9
3. Office of Inspector General. 10
4. Office of Human Resource Management. 11
5. Office of Finance and Budget. 12
6. Office of Legislative and Regulatory Affairs. 13
7. Office of Administrative Services. 14
8. Office of Application Technology Services. 15
9. Office of Data Analytics. 16
10. Office of Medical Cannabis. 17
a. Division of Enforcement and Compliance. 18
b. Division of Licensure and Access. 19
(b) Department for Public Health. 20
(c) Department for Medicaid Services. 21
(d) Department for Behavioral Health, Developmental and Intellectual 22
Disabilities. 23
(e) Department for Aging and Independent Living. 24
(f) Department for Community Based Services. 25
(g) Department for Income Support. 26
(h) Department for Family Resource Centers and Volunteer Services. 27 UNOFFICIAL COPY 24 RS BR 2421
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(7) Finance and Administration Cabinet: 1
(a) Office of the Secretary. 2
(b) Office of the Inspector General. 3
(c) Office of Legislative and Intergovernmental Affairs. 4
(d) Office of General Counsel. 5
(e) Office of the Controller. 6
(f) Office of Administrative Services. 7
(g) Office of Policy and Audit. 8
(h) Department for Facilities and Support Services. 9
(i) Department of Revenue. 10
(j) Commonwealth Office of Technology. 11
(k) State Property and Buildings Commission. 12
(l) Office of Equal Employment Opportunity and Contract Compliance. 13
(m) Kentucky Employees Retirement Systems. 14
(n) Commonwealth Credit Union. 15
(o) State Investment Commission. 16
(p) Kentucky Housing Corporation. 17
(q) Kentucky Local Correctional Facilities Construction Authority. 18
(r) Kentucky Turnpike Authority. 19
(s) Historic Properties Advisory Commission. 20
(t) Kentucky Higher Education Assistance Authority. 21
(u) Kentucky River Authority. 22
(v) Kentucky Teachers' Retirement System Board of Trustees. 23
(w) Executive Branch Ethics Commission. 24
(x) Office of Fleet Management. 25
(8) Tourism, Arts and Heritage Cabinet: 26
(a) Kentucky Department of Tourism. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Division of Tourism Services. 1
2. Division of Marketing and Administration. 2
3. Division of Communications and Promotions. 3
(b) Kentucky Department of Parks. 4
1. Division of Information Technology. 5
2. Division of Human Resources. 6
3. Division of Financial Operations. 7
4. Division of Purchasing. 8
5. Division of Facilities. 9
6. Division of Park Operations. 10
7. Division of Sales, Marketing, and Customer Service. 11
8. Division of Engagement. 12
9. Division of Food Services. 13
10. Division of Rangers. 14
(c) Department of Fish and Wildlife Resources. 15
1. Division of Law Enforcement. 16
2. Division of Administrative Services. 17
3. Division of Engineering, Infrastructure, and Technology. 18
4. Division of Fisheries. 19
5. Division of Information and Education. 20
6. Division of Wildlife. 21
7. Division of Marketing. 22
(d) Kentucky Horse Park. 23
1. Division of Support Services. 24
2. Division of Buildings and Grounds. 25
3. Division of Operational Services. 26
(e) Kentucky State Fair Board. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Office of Administrative and Information Technology Services. 1
2. Office of Human Resources and Access Control. 2
3. Division of Expositions. 3
4. Division of Kentucky Exposition Center Operations. 4
5. Division of Kentucky International Convention Center. 5
6. Division of Public Relations and Media. 6
7. Division of Venue Services. 7
8. Division of Personnel Management and Staff Development. 8
9. Division of Sales. 9
10. Division of Security and Traffic Control. 10
11. Division of Information Technology. 11
12. Division of the Louisville Arena. 12
13. Division of Fiscal and Contract Management. 13
14. Division of Access Control. 14
(f) Office of the Secretary. 15
1. Office of Finance. 16
2. Office of Government Relations and Administration. 17
(g) Office of Legal Affairs. 18
(h) Office of Human Resources. 19
(i) Office of Public Affairs and Constituent Services. 20
(j) Office of Arts and Cultural Heritage. 21
(k) Kentucky African-American Heritage Commission. 22
(l) Kentucky Foundation for the Arts. 23
(m) Kentucky Humanities Council. 24
(n) Kentucky Heritage Council. 25
(o) Kentucky Arts Council. 26
(p) Kentucky Historical Society. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Division of Museums. 1
2. Division of Oral History and Educational Outreach. 2
3. Division of Research and Publications. 3
4. Division of Administration. 4
(q) Kentucky Center for the Arts. 5
1. Division of Governor's School for the Arts. 6
(r) Kentucky Artisans Center at Berea. 7
(s) Northern Kentucky Convention Center. 8
(t) Eastern Kentucky Exposition Center. 9
(9) Personnel Cabinet: 10
(a) Office of the Secretary. 11
(b) Department of Human Resources Administration. 12
(c) Office of Employee Relations. 13
(d) Kentucky Public Employees Deferred Compensation Authority. 14
(e) Office of Administrative Services. 15
(f) Office of Legal Services. 16
(g) Governmental Services Center. 17
(h) Department of Employee Insurance. 18
(i) Office of Diversity, Equality, and Training. 19
(j) Office of Public Affairs. 20
(10) Education and Labor Cabinet: 21
(a) Office of the Secretary. 22
1. Office of Legal Services. 23
a. Workplace Standards Legal Division. 24
b. Workers' Claims Legal Division. 25
c. Workforce Development Legal Division. 26
2. Office of Administrative Services. 27 UNOFFICIAL COPY 24 RS BR 2421
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a. Division of Human Resources Management. 1
b. Division of Fiscal Management. 2
c. Division of Operations and Support Services. 3
3. Office of Technology Services. 4
a. Division of Information Technology Services. 5
4. Office of Policy and Audit. 6
5. Office of Legislative Services. 7
6. Office of Communications. 8
7. Office of the Kentucky Center for Statistics. 9
8. Board of the Kentucky Center for Statistics. 10
9. Early Childhood Advisory Council. 11
10. Governors' Scholars Program. 12
11. Governor's School for Entrepreneurs Program. 13
12. Foundation for Adult Education. 14
(b) Department of Education. 15
1. Kentucky Board of Education. 16
2. Kentucky Technical Education Personnel Board. 17
3. Education Professional Standards Board. 18
(c) Board of Directors for the Center for School Safety. 19
(d) Department for Libraries and Archives. 20
(e) Kentucky Environmental Education Council. 21
(f) Kentucky Educational Television. 22
(g) Kentucky Commission on the Deaf and Hard of Hearing. 23
(h) Department of Workforce Development. 24
1. Career Development Office. 25
2. Office of Vocational Rehabilitation. 26
a. Division of Kentucky Business Enterprise. 27 UNOFFICIAL COPY 24 RS BR 2421
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b. Division of the Carl D. Perkins Vocational Training Center. 1
c. Division of Blind Services. 2
d. Division of Field Services. 3
e. Statewide Council for Vocational Rehabilitation. 4
f. Employment First Council. 5
3. Office of Employer and Apprenticeship Services. 6
a. Division of Apprenticeship. 7
4. Kentucky Apprenticeship Council. 8
5. Division of Technical Assistance. 9
6. Office of Adult Education. 10
7. Office of the Kentucky Workforce Innovation Board. 11
(i) Department of Workplace Standards. 12
1. Division of Occupational Safety and Health Compliance. 13
2. Division of Occupational Safety and Health Education and 14
Training. 15
3. Division of Wages and Hours. 16
(j) Office of Unemployment Insurance. 17
(k) Kentucky Unemployment Insurance Commission. 18
(l) Department of Workers' Claims. 19
1. Division of Workers' Compensation Funds. 20
2. Office of Administrative Law Judges. 21
3. Division of Claims Processing. 22
4. Division of Security and Compliance. 23
5. Division of Specialist and Medical Services. 24
6. Workers' Compensation Board. 25
(m) Workers' Compensation Funding Commission. 26
(n) Kentucky Occupational Safety and Health Standards Board. 27 UNOFFICIAL COPY 24 RS BR 2421
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(o) State Labor Relations Board. 1
(p) Employers' Mutual Insurance Authority. 2
(q) Kentucky Occupational Safety and Health Review Commission. 3
(r) Workers' Compensation Nominating Committee. 4
(s) Office of Educational Programs. 5
(t) Kentucky Workforce Innovation Board. 6
(u) Kentucky Commission on Proprietary Education. 7
(v) Kentucky Work Ready Skills Advisory Committee. 8
(w) Kentucky Geographic Education Board. 9
(x) Disability Determination Services Program. 10
III. Other departments headed by appointed officers: 11
(1) Council on Postsecondary Education. 12
(2) Department of Military Affairs. 13
(3) Department for Local Government. 14
(4) Kentucky Commission on Human Rights. 15
(5) Kentucky Commission on Women. 16
(6) Department of Veterans' Affairs. 17
(7) Kentucky Commission on Military Affairs. 18
(8) Office of Minority Empowerment. 19
(9) Governor's Council on Wellness and Physical Activity. 20
(10) Kentucky Communications Network Authority. 21
Section 3. KRS 12.020 (Effective July 1, 2025) is amended to read as follows: 22
Departments, program cabinets and their departments, and the respective major 23
administrative bodies that they include are enumerated in this section. It is not intended 24
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 25
bureau, interstate compact, commission, committee, conference, council, office, or any 26
other form of organization shall be included in or attached to the department or program 27 UNOFFICIAL COPY 24 RS BR 2421
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cabinet in which they are included or to which they are attached by statute or statutorily 1
authorized executive order; except in the case of the Personnel Board and where the 2
attached department or administrative body is headed by a constitutionally elected 3
officer, the attachment shall be solely for the purpose of dissemination of information and 4
coordination of activities and shall not include any authority over the functions, 5
personnel, funds, equipment, facilities, or records of the department or administrative 6
body. 7
I. Cabinet for General Government - Departments headed by elected officers: 8
(1) The Governor. 9
(2) Lieutenant Governor. 10
(3) Department of State. 11
(a) Secretary of State. 12
(b) Board of Elections. 13
(c) Registry of Election Finance. 14
(4) Department of Law. 15
(a) Attorney General. 16
(5) Department of the Treasury. 17
(a) Treasurer. 18
(6) Department of Agriculture. 19
(a) Commissioner of Agriculture. 20
(b) Agricultural Development Board. 21
(c) Kentucky Agricultural Finance Corporation. 22
(7) Auditor of Public Accounts. 23
(a) Commonwealth Office of the Ombudsman. 24
II. Program cabinets headed by appointed officers: 25
(1) Justice and Public Safety Cabinet: 26
(a) Department of Kentucky State Police. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Office of Administrative Services. 1
a. Division of Operational Support. 2
b. Division of Management Services. 3
2. Office of Operations. 4
a. Division of West Troops. 5
b. Division of East Troops. 6
c. Division of Special Enforcement. 7
d. Division of Commercial Vehicle Enforcement. 8
3. Office of Technical Services. 9
a. Division of Forensic Sciences. 10
b. Division of Electronic Services. 11
c. Division of Records Management. 12
(b) Department of Criminal Justice Training. 13
(c) Department of Corrections. 14
(d) Department of Juvenile Justice. 15
(e) Office of the Secretary. 16
(f) Office of Drug Control Policy. 17
(g) Office of Legal Services. 18
(h) Office of the Kentucky State Medical Examiner. 19
(i) Parole Board. 20
(j) Kentucky State Corrections Commission. 21
(k) Office of Legislative and Intergovernmental Services. 22
(l) Office of Human Resource Management. 23
1. Division of Human Resource Administration. 24
2. Division of Employee Management. 25
(m) Department of Public Advocacy. 26
(n) Office of Communications. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Information Technology Services Division. 1
(o) Office of Financial Management Services. 2
1. Division of Financial Management. 3
(p) Grants Management Division. 4
(2) Energy and Environment Cabinet: 5
(a) Office of the Secretary. 6
1. Office of Legislative and Intergovernmental Affairs. 7
2. Office of Legal Services. 8
a. Legal Division I. 9
b. Legal Division II. 10
3. Office of Administrative Hearings. 11
4. Office of Communication. 12
5. Mine Safety Review Commission. 13
6. Office of Kentucky Nature Preserves. 14
7. Kentucky Public Service Commission. 15
(b) Department for Environmental Protection. 16
1. Office of the Commissioner. 17
2. Division for Air Quality. 18
3. Division of Water. 19
4. Division of Environmental Program Support. 20
5. Division of Waste Management. 21
6. Division of Enforcement. 22
7. Division of Compliance Assistance. 23
(c) Department for Natural Resources. 24
1. Office of the Commissioner. 25
2. Division of Mine Permits. 26
3. Division of Mine Reclamation and Enforcement. 27 UNOFFICIAL COPY 24 RS BR 2421
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4. Division of Abandoned Mine Lands. 1
5. Division of Oil and Gas. 2
6. Division of Mine Safety. 3
7. Division of Forestry. 4
8. Division of Conservation. 5
9. Office of the Reclamation Guaranty Fund. 6
(d) Office of Energy Policy. 7
1. Division of Energy Assistance. 8
(e) Office of Administrative Services. 9
1. Division of Human Resources Management. 10
2. Division of Financial Management. 11
3. Division of Information Services. 12
(3) Public Protection Cabinet. 13
(a) Office of the Secretary. 14
1. Office of Communications and Public Outreach. 15
2. Office of Legal Services. 16
a. Insurance Legal Division. 17
b. Charitable Gaming Legal Division. 18
c. Alcoholic Beverage Control Legal Division. 19
d. Housing, Buildings and Construction Legal Division. 20
e. Financial Institutions Legal Division. 21
f. Professional Licensing Legal Division. 22
3. Office of Administrative Hearings. 23
4. Office of Administrative Services. 24
a. Division of Human Resources. 25
b. Division of Fiscal Responsibility. 26
(b) Office of Claims and Appeals. 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Board of Tax Appeals. 1
2. Board of Claims. 2
3. Crime Victims Compensation Board. 3
(c) Kentucky Boxing and Wrestling Commission. 4
(d) Kentucky Horse Racing Commission. 5
1. Office of Executive Director. 6
a. Division of Pari-mutuel Wagering and Compliance. 7
b. Division of Stewards. 8
c. Division of Licensing. 9
d. Division of Enforcement. 10
e. Division of Incentives and Development. 11
f. Division of Veterinary Services. 12
(e) Department of Alcoholic Beverage Control. 13
1. Division of Distilled Spirits. 14
2. Division of Malt Beverages. 15
3. Division of Enforcement. 16
(f) Department of Charitable Gaming. 17
1. Division of Licensing and Compliance. 18
2. Division of Enforcement. 19
(g) Department of Financial Institutions. 20
1. Division of Depository Institutions. 21
2. Division of Non-Depository Institutions. 22
3. Division of Securities. 23
(h) Department of Housing, Buildings and Construction. 24
1. Division of Fire Prevention. 25
2. Division of Plumbing. 26
3. Division of Heating, Ventilation, and Air Conditioning. 27 UNOFFICIAL COPY 24 RS BR 2421
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4. Division of Building Code Enforcement. 1
(i) Department of Insurance. 2
1. Division of Health and Life Insurance and Managed Care. 3
2. Division of Property and Casualty Insurance. 4
3. Division of Administrative Services. 5
4. Division of Financial Standards and Examination. 6
5. Division of Licensing. 7
6. Division of Insurance Fraud Investigation. 8
7. Division of Consumer Protection. 9
(j) Department of Professional Licensing. 10
1. Real Estate Authority. 11
(4) Transportation Cabinet: 12
(a) Department of Highways. 13
1. Office of Project Development. 14
2. Office of Project Delivery and Preservation. 15
3. Office of Highway Safety. 16
4. Highway District Offices One through Twelve. 17
(b) Department of Vehicle Regulation. 18
(c) Department of Aviation. 19
(d) Department of Rural and Municipal Aid. 20
1. Office of Local Programs. 21
2. Office of Rural and Secondary Roads. 22
(e) Office of the Secretary. 23
1. Office of Public Affairs. 24
2. Office for Civil Rights and Small Business Development. 25
3. Office of Budget and Fiscal Management. 26
4. Office of Inspector General. 27 UNOFFICIAL COPY 24 RS BR 2421
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5. Secretary's Office of Safety. 1
(f) Office of Support Services. 2
(g) Office of Transportation Delivery. 3
(h) Office of Audits. 4
(i) Office of Human Resource Management. 5
(j) Office of Information Technology. 6
(k) Office of Legal Services. 7
(5) Cabinet for Economic Development: 8
(a) Office of the Secretary. 9
1. Office of Legal Services. 10
2. Department for Business and Community Development. 11
a. Development and Retention Division – West Kentucky. 12
b. Development, Retention, and Administrative Division – 13
Central and East Kentucky. 14
c. Community and Workforce Development Division. 15
3. Department for Financial Services. 16
a. Kentucky Economic Development Finance Authority. 17
b. Finance and Personnel Division. 18
c. IT and Resource Management Division. 19
d. Compliance Division. 20
e. Program Administration Division. 21
f. Bluegrass State Skills Corporation. 22
4. Office of Strategy and Public Affairs. 23
a. Marketing and Communications Division. 24
b. Research and Strategy Division. 25
5. Office of Entrepreneurship and Innovation. 26
a. Commission on Small Business Innovation and Advocacy. 27 UNOFFICIAL COPY 24 RS BR 2421
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(6) Cabinet for Health and Family Services: 1
(a) Office of the Secretary. 2
1. Office of Public Affairs. 3
2. Office of Legal Services. 4
3. Office of Inspector General. 5
4. Office of Human Resource Management. 6
5. Office of Finance and Budget. 7
6. Office of Legislative and Regulatory Affairs. 8
7. Office of Administrative Services. 9
8. Office of Application Technology Services. 10
9. Office of Data Analytics. 11
10 Office of Medical Cannabis. 12
a. Division of Enforcement and Compliance. 13
b. Division of Licensure and Access. 14
(b) Department for Public Health. 15
(c) Department for Medicaid Services. 16
(d) Department for Behavioral Health, Developmental and Intellectual 17
Disabilities. 18
(e) Department for Aging and Independent Living. 19
(f) Department for Community Based Services. 20
(g) Department for Family Resource Centers and Volunteer Services. 21
(7) Finance and Administration Cabinet: 22
(a) Office of the Secretary. 23
(b) Office of the Inspector General. 24
(c) Office of Legislative and Intergovernmental Affairs. 25
(d) Office of General Counsel. 26
(e) Office of the Controller. 27 UNOFFICIAL COPY 24 RS BR 2421
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(f) Office of Administrative Services. 1
(g) Office of Policy and Audit. 2
(h) Department for Facilities and Support Services. 3
(i) Department of Revenue. 4
(j) Commonwealth Office of Technology. 5
(k) State Property and Buildings Commission. 6
(l) Office of Equal Employment Opportunity and Contract Compliance. 7
(m) Kentucky Employees Retirement Systems. 8
(n) Commonwealth Credit Union. 9
(o) State Investment Commission. 10
(p) Kentucky Housing Corporation. 11
(q) Kentucky Local Correctional Facilities Construction Authority. 12
(r) Kentucky Turnpike Authority. 13
(s) Historic Properties Advisory Commission. 14
(t) Kentucky Higher Education Assistance Authority. 15
(u) Kentucky River Authority. 16
(v) Kentucky Teachers' Retirement System Board of Trustees. 17
(w) Executive Branch Ethics Commission. 18
(x) Office of Fleet Management. 19
(8) Tourism, Arts and Heritage Cabinet: 20
(a) Kentucky Department of Tourism. 21
1. Division of Tourism Services. 22
2. Division of Marketing and Administration. 23
3. Division of Communications and Promotions. 24
(b) Kentucky Department of Parks. 25
1. Division of Information Technology. 26
2. Division of Human Resources. 27 UNOFFICIAL COPY 24 RS BR 2421
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3. Division of Financial Operations. 1
4. Division of Purchasing. 2
5. Division of Facilities. 3
6. Division of Park Operations. 4
7. Division of Sales, Marketing, and Customer Service. 5
8. Division of Engagement. 6
9. Division of Food Services. 7
10. Division of Rangers. 8
(c) Department of Fish and Wildlife Resources. 9
1. Division of Law Enforcement. 10
2. Division of Administrative Services. 11
3. Division of Engineering, Infrastructure, and Technology. 12
4. Division of Fisheries. 13
5. Division of Information and Education. 14
6. Division of Wildlife. 15
7. Division of Marketing. 16
(d) Kentucky Horse Park. 17
1. Division of Support Services. 18
2. Division of Buildings and Grounds. 19
3. Division of Operational Services. 20
(e) Kentucky State Fair Board. 21
1. Office of Administrative and Information Technology Services. 22
2. Office of Human Resources and Access Control. 23
3. Division of Expositions. 24
4. Division of Kentucky Exposition Center Operations. 25
5. Division of Kentucky International Convention Center. 26
6. Division of Public Relations and Media. 27 UNOFFICIAL COPY 24 RS BR 2421
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7. Division of Venue Services. 1
8. Division of Personnel Management and Staff Development. 2
9. Division of Sales. 3
10. Division of Security and Traffic Control. 4
11. Division of Information Technology. 5
12. Division of the Louisville Arena. 6
13. Division of Fiscal and Contract Management. 7
14. Division of Access Control. 8
(f) Office of the Secretary. 9
1. Office of Finance. 10
2. Office of Government Relations and Administration. 11
(g) Office of Legal Affairs. 12
(h) Office of Human Resources. 13
(i) Office of Public Affairs and Constituent Services. 14
(j) Office of Arts and Cultural Heritage. 15
(k) Kentucky African-American Heritage Commission. 16
(l) Kentucky Foundation for the Arts. 17
(m) Kentucky Humanities Council. 18
(n) Kentucky Heritage Council. 19
(o) Kentucky Arts Council. 20
(p) Kentucky Historical Society. 21
1. Division of Museums. 22
2. Division of Oral History and Educational Outreach. 23
3. Division of Research and Publications. 24
4. Division of Administration. 25
(q) Kentucky Center for the Arts. 26
1. Division of Governor's School for the Arts. 27 UNOFFICIAL COPY 24 RS BR 2421
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(r) Kentucky Artisans Center at Berea. 1
(s) Northern Kentucky Convention Center. 2
(t) Eastern Kentucky Exposition Center. 3
(9) Personnel Cabinet: 4
(a) Office of the Secretary. 5
(b) Department of Human Resources Administration. 6
(c) Office of Employee Relations. 7
(d) Kentucky Public Employees Deferred Compensation Authority. 8
(e) Office of Administrative Services. 9
(f) Office of Legal Services. 10
(g) Governmental Services Center. 11
(h) Department of Employee Insurance. 12
(i) Office of Diversity, Equality, and Training. 13
(j) Office of Public Affairs. 14
(10) Education and Labor Cabinet: 15
(a) Office of the Secretary. 16
1. Office of Legal Services. 17
a. Workplace Standards Legal Division. 18
b. Workers' Claims Legal Division. 19
c. Workforce Development Legal Division. 20
2. Office of Administrative Services. 21
a. Division of Human Resources Management. 22
b. Division of Fiscal Management. 23
c. Division of Operations and Support Services. 24
3. Office of Technology Services. 25
a. Division of Information Technology Services. 26
4. Office of Policy and Audit. 27 UNOFFICIAL COPY 24 RS BR 2421
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5. Office of Legislative Services. 1
6. Office of Communications. 2
7. Office of the Kentucky Center for Statistics. 3
8. Board of the Kentucky Center for Statistics. 4
9. Early Childhood Advisory Council. 5
10. Governors' Scholars Program. 6
11. Governor's School for Entrepreneurs Program. 7
12. Foundation for Adult Education. 8
(b) Department of Education. 9
1. Kentucky Board of Education. 10
2. Kentucky Technical Education Personnel Board. 11
3. Education Professional Standards Board. 12
(c) Board of Directors for the Center for School Safety. 13
(d) Department for Libraries and Archives. 14
(e) Kentucky Environmental Education Council. 15
(f) Kentucky Educational Television. 16
(g) Kentucky Commission on the Deaf and Hard of Hearing. 17
(h) Department of Workforce Development. 18
1. Career Development Office. 19
2. Office of Vocational Rehabilitation. 20
a. Division of Kentucky Business Enterprise. 21
b. Division of the Carl D. Perkins Vocational Training Center. 22
c. Division of Blind Services. 23
d. Division of Field Services. 24
e. Statewide Council for Vocational Rehabilitation. 25
f. Employment First Council. 26
3. Office of Employer and Apprenticeship Services. 27 UNOFFICIAL COPY 24 RS BR 2421
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a. Division of Apprenticeship. 1
4. Kentucky Apprenticeship Council. 2
5. Division of Technical Assistance. 3
6. Office of Adult Education. 4
7. Office of the Kentucky Workforce Innovation Board. 5
(i) Department of Workplace Standards. 6
1. Division of Occupational Safety and Health Compliance. 7
2. Division of Occupational Safety and Health Education and 8
Training. 9
3. Division of Wages and Hours. 10
(j) Office of Unemployment Insurance. 11
(k) Kentucky Unemployment Insurance Commission. 12
(l) Department of Workers' Claims. 13
1. Division of Workers' Compensation Funds. 14
2. Office of Administrative Law Judges. 15
3. Division of Claims Processing. 16
4. Division of Security and Compliance. 17
5. Division of Specialist and Medical Services. 18
6. Workers' Compensation Board. 19
(m) Workers' Compensation Funding Commission. 20
(n) Kentucky Occupational Safety and Health Standards Board. 21
(o) State Labor Relations Board. 22
(p) Employers' Mutual Insurance Authority. 23
(q) Kentucky Occupational Safety and Health Review Commission. 24
(r) Workers' Compensation Nominating Committee. 25
(s) Office of Educational Programs. 26
(t) Kentucky Workforce Innovation Board. 27 UNOFFICIAL COPY 24 RS BR 2421
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(u) Kentucky Commission on Proprietary Education. 1
(v) Kentucky Work Ready Skills Advisory Committee. 2
(w) Kentucky Geographic Education Board. 3
(x) Disability Determination Services Program. 4
III. Other departments headed by appointed officers: 5
(1) Council on Postsecondary Education. 6
(2) Department of Military Affairs. 7
(3) Department for Local Government. 8
(4) Kentucky Commission on Human Rights. 9
(5) Kentucky Commission on Women. 10
(6) Department of Veterans' Affairs. 11
(7) Kentucky Commission on Military Affairs. 12
(8) Office of Minority Empowerment. 13
(9) Governor's Council on Wellness and Physical Activity. 14
(10) Kentucky Communications Network Authority. 15
Section 4. KRS 194A.030 (Effective until July 1, 2024) is amended to read as 16
follows: 17
The cabinet consists of the following major organizational units, which are hereby 18
created: 19
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 20
of the Ombudsman and Administrative Review, an Office of Legal Services, an 21
Office of Inspector General, an Office of Public Affairs, an Office of Human 22
Resource Management, an Office of Finance and Budget, an Office of Legislative 23
and Regulatory Affairs, an Office of Administrative Services, an Office of 24
Application Technology Services, [and ]an Office of Data Analytics, and an Office 25
of Medical Cannabis, as follows: 26
(a) The Office of the Ombudsman and Administrative Review shall be headed by 27 UNOFFICIAL COPY 24 RS BR 2421
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an executive director who shall be appointed by the secretary with the 1
approval of the Governor under KRS 12.050 and shall: 2
1. Investigate, upon complaint or on its own initiative, any administrative 3
act of an organizational unit, employee, or contractor of the cabinet, 4
without regard to the finality of the administrative act. Organizational 5
units, employees, or contractors of the cabinet shall not willfully 6
obstruct an investigation, restrict access to records or personnel, or 7
retaliate against a complainant or cabinet employee; 8
2. Make recommendations that resolve citizen complaints and improve 9
governmental performance and may require corrective action when 10
policy violations are identified; 11
3. Provide evaluation and information analysis of cabinet performance and 12
compliance with state and federal law; 13
4. Place an emphasis on research and best practices, program 14
accountability, quality service delivery, and improved governmental 15
performance; 16
5. Provide information on how to contact the office for public posting at all 17
offices where Department for Community Based Services employees or 18
contractors work, at any facility where a child in the custody of the 19
cabinet resides, and to all cabinet or contracted foster parents; 20
6. Report to the Office of Inspector General for review and investigation 21
any charge or case against an employee of the Cabinet for Health and 22
Family Services where it has cause to believe the employee has engaged 23
in dishonest, unethical, or illegal conduct or practices related to his or 24
her job duties; or any violation of state law or administrative regulation 25
by any organization or individual regulated by, or contracted with the 26
cabinet; 27 UNOFFICIAL COPY 24 RS BR 2421
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7. Compile a report of all citizen complaints about programs or services of 1
the cabinet and a summary of resolution of the complaints and submit 2
the report upon request to the Interim Joint Committee on Health 3
Services and the Interim Joint Committee on Families and Children; 4
8. Include oversight of administrative hearings; and 5
9. Provide information to the Office of the Attorney General, when 6
requested, related to substantiated violations of state law against an 7
employee, a contractor of the cabinet, or a foster or adoptive parent; 8
(b) The Office of Legal Services shall provide legal advice and assistance to all 9
units of the cabinet in any legal action in which it may be involved. The 10
Office of Legal Services shall employ all attorneys of the cabinet who serve 11
the cabinet in the capacity of attorney, giving legal advice and opinions 12
concerning the operation of all programs in the cabinet. The Office of Legal 13
Services shall be headed by a general counsel who shall be appointed by the 14
secretary with the approval of the Governor under KRS 12.050 and 12.210. 15
The general counsel shall be the chief legal advisor to the secretary and shall 16
be directly responsible to the secretary. The Attorney General, on the request 17
of the secretary, may designate the general counsel as an assistant attorney 18
general under the provisions of KRS 15.105; 19
(c) The Office of Inspector General shall be headed by an inspector general who 20
shall be appointed by the secretary with the approval of the Governor. The 21
inspector general shall be directly responsible to the secretary. The Office of 22
Inspector General shall be responsible for: 23
1. The conduct of audits and investigations for detecting the perpetration of 24
fraud or abuse of any program by any client, or by any vendor of 25
services with whom the cabinet has contracted; and the conduct of 26
special investigations requested by the secretary, commissioners, or 27 UNOFFICIAL COPY 24 RS BR 2421
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office heads of the cabinet into matters related to the cabinet or its 1
programs; 2
2. Licensing and regulatory functions as the secretary may delegate; 3
3. Review of health facilities participating in transplant programs, as 4
determined by the secretary, for the purpose of determining any 5
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 6
4. The duties, responsibilities, and authority pertaining to the certificate of 7
need functions and the licensure appeals functions, pursuant to KRS 8
Chapter 216B; 9
5. The notification and forwarding of any information relevant to possible 10
criminal violations to the appropriate prosecuting authority; 11
6. The oversight of the operations of the Kentucky Health Information 12
Exchange; and 13
7. The support and guidance to health care providers related to telehealth 14
services, including the development of policy, standards, resources, and 15
education to expand telehealth services across the Commonwealth; 16
(d) The Office of Public Affairs shall be headed by an executive director 17
appointed by the secretary with the approval of the Governor in accordance 18
with KRS 12.050. The office shall provide information to the public and news 19
media about the programs, services, and initiatives of the cabinet; 20
(e) The Office of Human Resource Management shall be headed by an executive 21
director appointed by the secretary with the approval of the Governor in 22
accordance with KRS 12.050. The office shall coordinate, oversee, and 23
execute all personnel, training, and management functions of the cabinet. The 24
office shall focus on the oversight, development, and implementation of 25
quality improvement services; curriculum development and delivery of 26
instruction to staff; the administration, management, and oversight of training 27 UNOFFICIAL COPY 24 RS BR 2421
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operations; health, safety, and compliance training; and equal employment 1
opportunity compliance functions; 2
(f) The Office of Finance and Budget shall be headed by an executive director 3
appointed by the secretary with the approval of the Governor in accordance 4
with KRS 12.050. The office shall provide central review and oversight of 5
budget, contract, and cabinet finances. The office shall provide coordination, 6
assistance, and support to program departments and independent review and 7
analysis on behalf of the secretary; 8
(g) The Office of Legislative and Regulatory Affairs shall be headed by an 9
executive director appointed by the secretary with the approval of the 10
Governor in accordance with KRS 12.050. The office shall provide central 11
review and oversight of legislation, policy, and administrative regulations. 12
The office shall provide coordination, assistance, and support to program 13
departments and independent review and analysis on behalf of the secretary; 14
(h) The Office of Administrative Services shall be headed by an executive 15
director appointed by the secretary with the approval of the Governor in 16
accordance with KRS 12.050. The office shall provide central review and 17
oversight of procurement, general accounting including grant monitoring, and 18
facility management. The office shall provide coordination, assistance, and 19
support to program departments and independent review and analysis on 20
behalf of the secretary; 21
(i) The Office of Application Technology Services shall be headed by an 22
executive director appointed by the secretary with the approval of the 23
Governor in accordance with KRS 12.050. The office shall provide 24
application technology services including central review and oversight. The 25
office shall provide coordination, assistance, and support to program 26
departments and independent review and analysis on behalf of the secretary;[ 27 UNOFFICIAL COPY 24 RS BR 2421
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and] 1
(j) The Office of Data Analytics shall be headed by an executive director who 2
shall be appointed by the secretary with the approval of the Governor under 3
KRS 12.050 and shall identify and innovate strategic initiatives to inform 4
public policy initiatives and provide opportunities for improved health 5
outcomes for all Kentuckians though data analytics. The office shall provide 6
leadership in the redesign of the health care delivery system using electronic 7
information technology to improve patient care and reduce medical errors and 8
duplicative services; and 9
(k) The Office of Medical Cannabis shall be headed by an executive director 10
appointed by the Governor in accordance with KRS 12.040 and shall 11
implement, operate, oversee, and regulate the medicinal cannabis program. 12
The office shall be composed of the Division of Enforcement and 13
Compliance and the Division of Licensure and Access. Each division in the 14
office shall be headed by a director appointed by the secretary with the 15
approval of the Governor in accordance with KRS 12.050. 16
(2) Department for Medicaid Services. The Department for Medicaid Services shall 17
serve as the single state agency in the Commonwealth to administer Title XIX of 18
the Federal Social Security Act. The Department for Medicaid Services shall be 19
headed by a commissioner for Medicaid services, who shall be appointed by the 20
secretary with the approval of the Governor under KRS 12.050. The commissioner 21
for Medicaid services shall be a person who by experience and training in 22
administration and management is qualified to perform the duties of this office. The 23
commissioner for Medicaid services shall exercise authority over the Department 24
for Medicaid Services under the direction of the secretary and shall only fulfill 25
those responsibilities as delegated by the secretary; 26
(3) Department for Public Health. The Department for Public Health shall develop and 27 UNOFFICIAL COPY 24 RS BR 2421
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operate all programs of the cabinet that provide health services and all programs for 1
assessing the health status of the population for the promotion of health and the 2
prevention of disease, injury, disability, and premature death. This shall include but 3
not be limited to oversight of the Division of Women's Health. The Department for 4
Public Health shall be headed by a commissioner for public health who shall be 5
appointed by the secretary with the approval of the Governor under KRS 12.050. 6
The commissioner for public health shall be a duly licensed physician who by 7
experience and training in administration and management is qualified to perform 8
the duties of this office. The commissioner shall advise the head of each major 9
organizational unit enumerated in this section on policies, plans, and programs 10
relating to all matters of public health, including any actions necessary to safeguard 11
the health of the citizens of the Commonwealth. The commissioner shall serve as 12
chief medical officer of the Commonwealth. The commissioner for public health 13
shall exercise authority over the Department for Public Health under the direction 14
of the secretary and shall only fulfill those responsibilities as delegated by the 15
secretary; 16
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 17
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 18
develop and administer programs for the prevention of mental illness, intellectual 19
disabilities, brain injury, developmental disabilities, and substance use disorders 20
and shall develop and administer an array of services and support for the treatment, 21
habilitation, and rehabilitation of persons who have a mental illness or emotional 22
disability, or who have an intellectual disability, brain injury, developmental 23
disability, or a substance use disorder. The Department for Behavioral Health, 24
Developmental and Intellectual Disabilities shall be headed by a commissioner for 25
behavioral health, developmental and intellectual disabilities who shall be 26
appointed by the secretary with the approval of the Governor under KRS 12.050. 27 UNOFFICIAL COPY 24 RS BR 2421
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The commissioner for behavioral health, developmental and intellectual disabilities 1
shall be by training and experience in administration and management qualified to 2
perform the duties of the office. The commissioner for behavioral health, 3
developmental and intellectual disabilities shall exercise authority over the 4
department under the direction of the secretary, and shall only fulfill those 5
responsibilities as delegated by the secretary; 6
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, 7
and authority set out in KRS 200.460 to 200.490 shall be performed by the office. 8
The office shall advocate the rights of children with disabilities and, to the extent 9
that funds are available, shall ensure the administration of services for children with 10
disabilities as are deemed appropriate by this office pursuant to Title V of the Social 11
Security Act. The office may promulgate administrative regulations under KRS 12
Chapter 13A as may be necessary to implement and administer its responsibilities. 13
The duties, responsibilities, and authority of the Office for Children with Special 14
Health Care Needs shall be performed through the office of the executive director. 15
The executive director shall be appointed by the secretary with the approval of the 16
Governor under KRS 12.050; 17
(6) Department for Family Resource Centers and Volunteer Services. The Department 18
for Family Resource Centers and Volunteer Services shall streamline the various 19
responsibilities associated with the human services programs for which the cabinet 20
is responsible. This shall include, but not be limited to, oversight of the Division of 21
Family Resource and Youth Services Centers and Serve Kentucky. The Department 22
for Family Resource Centers and Volunteer Services shall be headed by a 23
commissioner who shall be appointed by the secretary with the approval of the 24
Governor under KRS 12.050. The commissioner for family resource centers and 25
volunteer services shall be by training and experience in administration and 26
management qualified to perform the duties of the office, shall exercise authority 27 UNOFFICIAL COPY 24 RS BR 2421
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over the department under the direction of the secretary, and shall only fulfill those 1
responsibilities as delegated by the secretary; 2
(7) Department for Community Based Services. The Department for Community Based 3
Services shall administer and be responsible for child and adult protection, violence 4
prevention resources, foster care and adoption, permanency, and services to 5
enhance family self-sufficiency, including child care, social services, public 6
assistance, and family support. The department shall be headed by a commissioner 7
appointed by the secretary with the approval of the Governor in accordance with 8
KRS 12.050; 9
(8) Department for Income Support. The Department for Income Support shall be 10
responsible for child support enforcement and disability determination. The 11
department shall serve as the state unit as required by Title II and Title XVI of the 12
Social Security Act, and shall have responsibility for determining eligibility for 13
disability for those citizens of the Commonwealth who file applications for 14
disability with the Social Security Administration. The department shall be headed 15
by a commissioner appointed by the secretary with the approval of the Governor in 16
accordance with KRS 12.050; and 17
(9) Department for Aging and Independent Living. The Department for Aging and 18
Independent Living shall serve as the state unit as designated by the Administration 19
on Aging Services under the Older Americans Act and shall have responsibility for 20
administration of the federal community support services, in-home services, meals, 21
family and caregiver support services, elder rights and legal assistance, senior 22
community services employment program, the state health insurance assistance 23
program, state home and community based services including home care, 24
Alzheimer's respite services and the personal care attendant program, certifications 25
of assisted living facilities, the state Council on Alzheimer's Disease and other 26
related disorders, and guardianship services. The department shall also administer 27 UNOFFICIAL COPY 24 RS BR 2421
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the Long-Term Care Ombudsman Program and the Medicaid Home and 1
Community Based Waivers Participant Directed Services Option (PDS) Program. 2
The department shall serve as the information and assistance center for aging and 3
disability services and administer multiple federal grants and other state initiatives. 4
The department shall be headed by a commissioner appointed by the secretary with 5
the approval of the Governor in accordance with KRS 12.050. 6
Section 5. KRS 194A.030 (Effective between July 1, 2024, and July 1, 2025) is 7
amended to read as follows: 8
The cabinet consists of the following major organizational units, which are hereby 9
created: 10
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 11
of Legal Services, an Office of Inspector General, an Office of Public Affairs, an 12
Office of Human Resource Management, an Office of Finance and Budget, an 13
Office of Legislative and Regulatory Affairs, an Office of Administrative Services, 14
an Office of Application Technology Services,[ and] an Office of Data Analytics, 15
and an Office of Medical Cannabis, as follows: 16
(a) The Office of Legal Services shall provide legal advice and assistance to all 17
units of the cabinet in any legal action in which it may be involved. The 18
Office of Legal Services shall employ all attorneys of the cabinet who serve 19
the cabinet in the capacity of attorney, giving legal advice and opinions 20
concerning the operation of all programs in the cabinet. The Office of Legal 21
Services shall be headed by a general counsel who shall be appointed by the 22
secretary with the approval of the Governor under KRS 12.050 and 12.210. 23
The general counsel shall be the chief legal advisor to the secretary and shall 24
be directly responsible to the secretary. The Attorney General, on the request 25
of the secretary, may designate the general counsel as an assistant attorney 26
general under the provisions of KRS 15.105; 27 UNOFFICIAL COPY 24 RS BR 2421
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(b) The Office of Inspector General shall be headed by an inspector general who 1
shall be appointed by the secretary with the approval of the Governor. The 2
inspector general shall be directly responsible to the secretary. The Office of 3
Inspector General shall be responsible for: 4
1. The conduct of audits and investigations for detecting the perpetration of 5
fraud or abuse of any program by any client, or by any vendor of 6
services with whom the cabinet has contracted; and the conduct of 7
special investigations requested by the secretary, commissioners, or 8
office heads of the cabinet into matters related to the cabinet or its 9
programs; 10
2. Licensing and regulatory functions as the secretary may delegate; 11
3. Review of health facilities participating in transplant programs, as 12
determined by the secretary, for the purpose of determining any 13
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 14
4. The duties, responsibilities, and authority pertaining to the certificate of 15
need functions and the licensure appeals functions, pursuant to KRS 16
Chapter 216B; 17
5. The notification and forwarding of any information relevant to possible 18
criminal violations to the appropriate prosecuting authority; 19
6. The oversight of the operations of the Kentucky Health Information 20
Exchange; and 21
7. The support and guidance to health care providers related to telehealth 22
services, including the development of policy, standards, resources, and 23
education to expand telehealth services across the Commonwealth; 24
(c) The Office of Public Affairs shall be headed by an executive director 25
appointed by the secretary with the approval of the Governor in accordance 26
with KRS 12.050. The office shall provide information to the public and news 27 UNOFFICIAL COPY 24 RS BR 2421
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media about the programs, services, and initiatives of the cabinet; 1
(d) The Office of Human Resource Management shall be headed by an executive 2
director appointed by the secretary with the approval of the Governor in 3
accordance with KRS 12.050. The office shall coordinate, oversee, and 4
execute all personnel, training, and management functions of the cabinet. The 5
office shall focus on the oversight, development, and implementation of 6
quality improvement services; curriculum development and delivery of 7
instruction to staff; the administration, management, and oversight of training 8
operations; health, safety, and compliance training; and equal employment 9
opportunity compliance functions; 10
(e) The Office of Finance and Budget shall be headed by an executive director 11
appointed by the secretary with the approval of the Governor in accordance 12
with KRS 12.050. The office shall provide central review and oversight of 13
budget, contract, and cabinet finances. The office shall provide coordination, 14
assistance, and support to program departments and independent review and 15
analysis on behalf of the secretary; 16
(f) The Office of Legislative and Regulatory Affairs shall be headed by an 17
executive director appointed by the secretary with the approval of the 18
Governor in accordance with KRS 12.050. The office shall provide central 19
review and oversight of legislation, policy, and administrative regulations. 20
The office shall provide coordination, assistance, and support to program 21
departments and independent review and analysis on behalf of the secretary; 22
(g) The Office of Administrative Services shall be headed by an executive 23
director appointed by the secretary with the approval of the Governor in 24
accordance with KRS 12.050. The office shall provide central review and 25
oversight of procurement, general accounting including grant monitoring, and 26
facility management. The office shall provide coordination, assistance, and 27 UNOFFICIAL COPY 24 RS BR 2421
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support to program departments and independent review and analysis on 1
behalf of the secretary; 2
(h) The Office of Application Technology Services shall be headed by an 3
executive director appointed by the secretary with the approval of the 4
Governor in accordance with KRS 12.050. The office shall provide 5
application technology services including central review and oversight. The 6
office shall provide coordination, assistance, and support to program 7
departments and independent review and analysis on behalf of the secretary;[ 8
and] 9
(i) The Office of Data Analytics shall be headed by an executive director who 10
shall be appointed by the secretary with the approval of the Governor under 11
KRS 12.050 and shall identify and innovate strategic initiatives to inform 12
public policy initiatives and provide opportunities for improved health 13
outcomes for all Kentuckians though data analytics. The office shall provide 14
leadership in the redesign of the health care delivery system using electronic 15
information technology to improve patient care and reduce medical errors and 16
duplicative services; and 17
(j) The Office of Medical Cannabis shall be headed by an executive director 18
appointed by the Governor in accordance with KRS 12.040 and shall 19
implement, operate, oversee, and regulate the medicinal cannabis program. 20
The office shall be composed of the Division of Enforcement and 21
Compliance and the Division of Licensure and Access. Each division in the 22
office shall be headed by a director appointed by the secretary with the 23
approval of the Governor in accordance with KRS 12.050. 24
(2) Department for Medicaid Services. The Department for Medicaid Services shall 25
serve as the single state agency in the Commonwealth to administer Title XIX of 26
the Federal Social Security Act. The Department for Medicaid Services shall be 27 UNOFFICIAL COPY 24 RS BR 2421
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headed by a commissioner for Medicaid services, who shall be appointed by the 1
secretary with the approval of the Governor under KRS 12.050. The commissioner 2
for Medicaid services shall be a person who by experience and training in 3
administration and management is qualified to perform the duties of this office. The 4
commissioner for Medicaid services shall exercise authority over the Department 5
for Medicaid Services under the direction of the secretary and shall only fulfill 6
those responsibilities as delegated by the secretary; 7
(3) Department for Public Health. The Department for Public Health shall develop and 8
operate all programs of the cabinet that provide health services and all programs for 9
assessing the health status of the population for the promotion of health and the 10
prevention of disease, injury, disability, and premature death. This shall include but 11
not be limited to oversight of the Division of Women's Health and the Office for 12
Children with Special Health Care Needs. The duties, responsibilities, and authority 13
set out in KRS 200.460 to 200.490 shall be performed by the Department for Public 14
Health. The Department for Public Health shall advocate for the rights of children 15
with disabilities and, to the extent that funds are available, shall ensure the 16
administration of services for children with disabilities as are deemed appropriate 17
by this office pursuant to Title V of the Social Security Act. The Department for 18
Public Health may promulgate administrative regulations under KRS Chapter 13A 19
as may be necessary to implement and administer its responsibilities. The Office for 20
Children with Special Health Care Needs may be headed by an executive director 21
appointed by the secretary with the approval of the Governor in accordance with 22
KRS 12.050. The Department for Public Health shall be headed by a commissioner 23
for public health who shall be appointed by the secretary with the approval of the 24
Governor under KRS 12.050. The commissioner for public health shall be a duly 25
licensed physician who by experience and training in administration and 26
management is qualified to perform the duties of this office. The commissioner 27 UNOFFICIAL COPY 24 RS BR 2421
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shall advise the head of each major organizational unit enumerated in this section 1
on policies, plans, and programs relating to all matters of public health, including 2
any actions necessary to safeguard the health of the citizens of the Commonwealth. 3
The commissioner shall serve as chief medical officer of the Commonwealth. The 4
commissioner for public health shall exercise authority over the Department for 5
Public Health under the direction of the secretary and shall only fulfill those 6
responsibilities as delegated by the secretary; 7
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 8
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 9
develop and administer programs for the prevention of mental illness, intellectual 10
disabilities, brain injury, developmental disabilities, and substance use disorders 11
and shall develop and administer an array of services and support for the treatment, 12
habilitation, and rehabilitation of persons who have a mental illness or emotional 13
disability, or who have an intellectual disability, brain injury, developmental 14
disability, or a substance use disorder. The Department for Behavioral Health, 15
Developmental and Intellectual Disabilities shall be headed by a commissioner for 16
behavioral health, developmental and intellectual disabilities who shall be 17
appointed by the secretary with the approval of the Governor under KRS 12.050. 18
The commissioner for behavioral health, developmental and intellectual disabilities 19
shall be by training and experience in administration and management qualified to 20
perform the duties of the office. The commissioner for behavioral health, 21
developmental and intellectual disabilities shall exercise authority over the 22
department under the direction of the secretary, and shall only fulfill those 23
responsibilities as delegated by the secretary; 24
(5) Department for Family Resource Centers and Volunteer Services. The Department 25
for Family Resource Centers and Volunteer Services shall streamline the various 26
responsibilities associated with the human services programs for which the cabinet 27 UNOFFICIAL COPY 24 RS BR 2421
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is responsible. This shall include, but not be limited to, oversight of the Division of 1
Family Resource and Youth Services Centers and Serve Kentucky. The Department 2
for Family Resource Centers and Volunteer Services shall be headed by a 3
commissioner who shall be appointed by the secretary with the approval of the 4
Governor under KRS 12.050. The commissioner for family resource centers and 5
volunteer services shall be by training and experience in administration and 6
management qualified to perform the duties of the office, shall exercise authority 7
over the department under the direction of the secretary, and shall only fulfill those 8
responsibilities as delegated by the secretary; 9
(6) Department for Community Based Services. The Department for Community Based 10
Services shall administer and be responsible for child and adult protection, 11
guardianship services, violence prevention resources, foster care and adoption, 12
permanency, and services to enhance family self-sufficiency, including child care, 13
social services, public assistance, and family support. The department shall be 14
headed by a commissioner appointed by the secretary with the approval of the 15
Governor in accordance with KRS 12.050; 16
(7) Department for Income Support. The Department for Income Support shall be 17
responsible for child support enforcement and disability determination. The 18
department shall serve as the state unit as required by Title II and Title XVI of the 19
Social Security Act, and shall have responsibility for determining eligibility for 20
disability for those citizens of the Commonwealth who file applications for 21
disability with the Social Security Administration. The department shall be headed 22
by a commissioner appointed by the secretary with the approval of the Governor in 23
accordance with KRS 12.050; and 24
(8) Department for Aging and Independent Living. The Department for Aging and 25
Independent Living shall serve as the state unit as designated by the Administration 26
on Aging Services under the Older Americans Act and shall have responsibility for 27 UNOFFICIAL COPY 24 RS BR 2421
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administration of the federal community support services, in-home services, meals, 1
family and caregiver support services, elder rights and legal assistance, senior 2
community services employment program, the state health insurance assistance 3
program, state home and community based services including home care, 4
Alzheimer's respite services and the personal care attendant program, certifications 5
of assisted living facilities, and the state Council on Alzheimer's Disease and other 6
related disorders. The department shall also administer the Long-Term Care 7
Ombudsman Program and the Medicaid Home and Community Based Waivers 8
Participant Directed Services Option (PDS) Program. The department shall serve as 9
the information and assistance center for aging and disability services and 10
administer multiple federal grants and other state initiatives. The department shall 11
be headed by a commissioner appointed by the secretary with the approval of the 12
Governor in accordance with KRS 12.050. 13
Section 6. KRS 194A.030 (Effective July 1, 2025) is amended to read as 14
follows: 15
The cabinet consists of the following major organizational units, which are hereby 16
created: 17
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 18
of Legal Services, an Office of Inspector General, an Office of Public Affairs, an 19
Office of Human Resource Management, an Office of Finance and Budget, an 20
Office of Legislative and Regulatory Affairs, an Office of Administrative Services, 21
an Office of Application Technology Services, [and ]an Office of Data Analytics, 22
and an Office of Medical Cannabis, as follows: 23
(a) The Office of Legal Services shall provide legal advice and assistance to all 24
units of the cabinet in any legal action in which it may be involved. The 25
Office of Legal Services shall employ all attorneys of the cabinet who serve 26
the cabinet in the capacity of attorney, giving legal advice and opinions 27 UNOFFICIAL COPY 24 RS BR 2421
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concerning the operation of all programs in the cabinet. The Office of Legal 1
Services shall be headed by a general counsel who shall be appointed by the 2
secretary with the approval of the Governor under KRS 12.050 and 12.210. 3
The general counsel shall be the chief legal advisor to the secretary and shall 4
be directly responsible to the secretary. The Attorney General, on the request 5
of the secretary, may designate the general counsel as an assistant attorney 6
general under the provisions of KRS 15.105; 7
(b) The Office of Inspector General shall be headed by an inspector general who 8
shall be appointed by the secretary with the approval of the Governor. The 9
inspector general shall be directly responsible to the secretary. The Office of 10
Inspector General shall be responsible for: 11
1. The conduct of audits and investigations for detecting the perpetration of 12
fraud or abuse of any program by any client, or by any vendor of 13
services with whom the cabinet has contracted; and the conduct of 14
special investigations requested by the secretary, commissioners, or 15
office heads of the cabinet into matters related to the cabinet or its 16
programs; 17
2. Licensing and regulatory functions as the secretary may delegate; 18
3. Review of health facilities participating in transplant programs, as 19
determined by the secretary, for the purpose of determining any 20
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 21
4. The duties, responsibilities, and authority pertaining to the certificate of 22
need functions and the licensure appeals functions, pursuant to KRS 23
Chapter 216B; 24
5. The notification and forwarding of any information relevant to possible 25
criminal violations to the appropriate prosecuting authority; 26
6. The oversight of the operations of the Kentucky Health Information 27 UNOFFICIAL COPY 24 RS BR 2421
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Exchange; and 1
7. The support and guidance to health care providers related to telehealth 2
services, including the development of policy, standards, resources, and 3
education to expand telehealth services across the Commonwealth; 4
(c) The Office of Public Affairs shall be headed by an executive director 5
appointed by the secretary with the approval of the Governor in accordance 6
with KRS 12.050. The office shall provide information to the public and news 7
media about the programs, services, and initiatives of the cabinet; 8
(d) The Office of Human Resource Management shall be headed by an executive 9
director appointed by the secretary with the approval of the Governor in 10
accordance with KRS 12.050. The office shall coordinate, oversee, and 11
execute all personnel, training, and management functions of the cabinet. The 12
office shall focus on the oversight, development, and implementation of 13
quality improvement services; curriculum development and delivery of 14
instruction to staff; the administration, management, and oversight of training 15
operations; health, safety, and compliance training; and equal employment 16
opportunity compliance functions; 17
(e) The Office of Finance and Budget shall be headed by an executive director 18
appointed by the secretary with the approval of the Governor in accordance 19
with KRS 12.050. The office shall provide central review and oversight of 20
budget, contract, and cabinet finances. The office shall provide coordination, 21
assistance, and support to program departments and independent review and 22
analysis on behalf of the secretary; 23
(f) The Office of Legislative and Regulatory Affairs shall be headed by an 24
executive director appointed by the secretary with the approval of the 25
Governor in accordance with KRS 12.050. The office shall provide central 26
review and oversight of legislation, policy, and administrative regulations. 27 UNOFFICIAL COPY 24 RS BR 2421
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The office shall provide coordination, assistance, and support to program 1
departments and independent review and analysis on behalf of the secretary; 2
(g) The Office of Administrative Services shall be headed by an executive 3
director appointed by the secretary with the approval of the Governor in 4
accordance with KRS 12.050. The office shall provide central review and 5
oversight of procurement, general accounting including grant monitoring, and 6
facility management. The office shall provide coordination, assistance, and 7
support to program departments and independent review and analysis on 8
behalf of the secretary; 9
(h) The Office of Application Technology Services shall be headed by an 10
executive director appointed by the secretary with the approval of the 11
Governor in accordance with KRS 12.050. The office shall provide 12
application technology services including central review and oversight. The 13
office shall provide coordination, assistance, and support to program 14
departments and independent review and analysis on behalf of the secretary;[ 15
and] 16
(i) The Office of Data Analytics shall be headed by an executive director who 17
shall be appointed by the secretary with the approval of the Governor under 18
KRS 12.050 and shall identify and innovate strategic initiatives to inform 19
public policy initiatives and provide opportunities for improved health 20
outcomes for all Kentuckians though data analytics. The office shall provide 21
leadership in the redesign of the health care delivery system using electronic 22
information technology to improve patient care and reduce medical errors and 23
duplicative services; and 24
(j) The Office of Medical Cannabis shall be headed by an executive director 25
appointed by the Governor in accordance with KRS 12.040 and shall 26
implement, operate, oversee, and regulate the medicinal cannabis program. 27 UNOFFICIAL COPY 24 RS BR 2421
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The office shall be composed of the Division of Enforcement and 1
Compliance and the Division of Licensure and Access. Each division in the 2
office shall be headed by a director appointed by the secretary with the 3
approval of the Governor in accordance with KRS 12.050. 4
(2) Department for Medicaid Services. The Department for Medicaid Services shall 5
serve as the single state agency in the Commonwealth to administer Title XIX of 6
the Federal Social Security Act. The Department for Medicaid Services shall be 7
headed by a commissioner for Medicaid services, who shall be appointed by the 8
secretary with the approval of the Governor under KRS 12.050. The commissioner 9
for Medicaid services shall be a person who by experience and training in 10
administration and management is qualified to perform the duties of this office. The 11
commissioner for Medicaid services shall exercise authority over the Department 12
for Medicaid Services under the direction of the secretary and shall only fulfill 13
those responsibilities as delegated by the secretary; 14
(3) Department for Public Health. The Department for Public Health shall develop and 15
operate all programs of the cabinet that provide health services and all programs for 16
assessing the health status of the population for the promotion of health and the 17
prevention of disease, injury, disability, and premature death. This shall include but 18
not be limited to oversight of the Division of Women's Health and the Office for 19
Children with Special Health Care Needs. The duties, responsibilities, and authority 20
set out in KRS 200.460 to 200.490 shall be performed by the Department for Public 21
Health. The Department for Public Health shall advocate for the rights of children 22
with disabilities and, to the extent that funds are available, shall ensure the 23
administration of services for children with disabilities as are deemed appropriate 24
by this office pursuant to Title V of the Social Security Act. The Department for 25
Public Health may promulgate administrative regulations under KRS Chapter 13A 26
as may be necessary to implement and administer its responsibilities. The Office for 27 UNOFFICIAL COPY 24 RS BR 2421
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Children with Special Health Care Needs may be headed by an executive director 1
appointed by the secretary with the approval of the Governor in accordance with 2
KRS 12.050. The Department for Public Health shall be headed by a commissioner 3
for public health who shall be appointed by the secretary with the approval of the 4
Governor under KRS 12.050. The commissioner for public health shall be a duly 5
licensed physician who by experience and training in administration and 6
management is qualified to perform the duties of this office. The commissioner 7
shall advise the head of each major organizational unit enumerated in this section 8
on policies, plans, and programs relating to all matters of public health, including 9
any actions necessary to safeguard the health of the citizens of the Commonwealth. 10
The commissioner shall serve as chief medical officer of the Commonwealth. The 11
commissioner for public health shall exercise authority over the Department for 12
Public Health under the direction of the secretary and shall only fulfill those 13
responsibilities as delegated by the secretary; 14
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 15
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 16
develop and administer programs for the prevention of mental illness, intellectual 17
disabilities, brain injury, developmental disabilities, and substance use disorders 18
and shall develop and administer an array of services and support for the treatment, 19
habilitation, and rehabilitation of persons who have a mental illness or emotional 20
disability, or who have an intellectual disability, brain injury, developmental 21
disability, or a substance use disorder. The Department for Behavioral Health, 22
Developmental and Intellectual Disabilities shall be headed by a commissioner for 23
behavioral health, developmental and intellectual disabilities who shall be 24
appointed by the secretary with the approval of the Governor under KRS 12.050. 25
The commissioner for behavioral health, developmental and intellectual disabilities 26
shall be by training and experience in administration and management qualified to 27 UNOFFICIAL COPY 24 RS BR 2421
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perform the duties of the office. The commissioner for behavioral health, 1
developmental and intellectual disabilities shall exercise authority over the 2
department under the direction of the secretary, and shall only fulfill those 3
responsibilities as delegated by the secretary; 4
(5) Department for Family Resource Centers and Volunteer Services. The Department 5
for Family Resource Centers and Volunteer Services shall streamline the various 6
responsibilities associated with the human services programs for which the cabinet 7
is responsible. This shall include, but not be limited to, oversight of the Division of 8
Family Resource and Youth Services Centers and Serve Kentucky. The Department 9
for Family Resource Centers and Volunteer Services shall be headed by a 10
commissioner who shall be appointed by the secretary with the approval of the 11
Governor under KRS 12.050. The commissioner for family resource centers and 12
volunteer services shall be by training and experience in administration and 13
management qualified to perform the duties of the office, shall exercise authority 14
over the department under the direction of the secretary, and shall only fulfill those 15
responsibilities as delegated by the secretary; 16
(6) Department for Community Based Services. The Department for Community Based 17
Services shall administer and be responsible for child and adult protection, 18
guardianship services, violence prevention resources, foster care and adoption, 19
permanency, and services to enhance family self-sufficiency, including child care, 20
social services, public assistance, and family support. The department shall be 21
headed by a commissioner appointed by the secretary with the approval of the 22
Governor in accordance with KRS 12.050; and 23
(7) Department for Aging and Independent Living. The Department for Aging and 24
Independent Living shall serve as the state unit as designated by the Administration 25
on Aging Services under the Older Americans Act and shall have responsibility for 26
administration of the federal community support services, in-home services, meals, 27 UNOFFICIAL COPY 24 RS BR 2421
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family and caregiver support services, elder rights and legal assistance, senior 1
community services employment program, the state health insurance assistance 2
program, state home and community based services including home care, 3
Alzheimer's respite services and the personal care attendant program, certifications 4
of assisted living facilities, and the state Council on Alzheimer's Disease and other 5
related disorders. The department shall also administer the Long-Term Care 6
Ombudsman Program and the Medicaid Home and Community Based Waivers 7
Participant Directed Services Option (PDS) Program. The department shall serve as 8
the information and assistance center for aging and disability services and 9
administer multiple federal grants and other state initiatives. The department shall 10
be headed by a commissioner appointed by the secretary with the approval of the 11
Governor in accordance with KRS 12.050. 12
Section 7. KRS 218A.202 is amended to read as follows: 13
(1) As used in this section: 14
(a) "Cabinet" means the Cabinet for Health and Family Services; 15
(b) "Cannabis business" has the same meaning as in KRS 218B.010; 16
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled 17
substance and does not include medicinal cannabis; 18
(d) "Dispensary" has the same meaning as in KRS 218B.010; 19
(e) "Dispensary agent" has the same meaning as in KRS 218B.010; 20
(f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010; 21
(g) "Medicinal cannabis" has the same meaning as in KRS 218B.010; 22
(h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010; 23
(i) "Registry identification card" has the same meaning as in KRS 218B.010; 24
(j) "State licensing board" has the same meaning as in KRS 218B.010; 25
(k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and 26
(l) "Written certification" has the same meaning as in KRS 218B.010. 27 UNOFFICIAL COPY 24 RS BR 2421
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(2) The cabinet shall establish and maintain an electronic system for monitoring 1
Schedules II, III, IV, and V controlled substances and medicinal cannabis. The 2
cabinet may contract for the design, upgrade, or operation of this system if the 3
contract preserves all of the rights, privileges, and protections guaranteed to 4
Kentucky citizens under this chapter and the contract requires that all other aspects 5
of the system be operated in conformity with the requirements of this or any other 6
applicable state or federal law. 7
(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV, 8
or V controlled substances: 9
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled 10
substances to humans shall register with the cabinet to use the system 11
provided for in this section and shall maintain such registration continuously 12
during the practitioner's or pharmacist's term of licensure and shall not have to 13
pay a fee or tax specifically dedicated to the operation of the system; 14
(b) Every practitioner or pharmacy which dispenses a controlled substance to a 15
person in Kentucky, or to a person at an address in Kentucky, shall report to 16
the cabinet the data required by this section, which includes the reporting of 17
any Schedule II controlled substance dispensed at a facility licensed by the 18
cabinet and a Schedule II through Schedule V controlled substance regardless 19
of dosage when dispensed by the emergency department of a hospital to an 20
emergency department patient. Reporting shall not be required for: 21
1. A drug administered directly to a patient in a hospital, a resident of a 22
health care facility licensed under KRS Chapter 216B, a resident of a 23
child-caring facility as defined by KRS 199.011, or an individual in a 24
jail, correctional facility, or juvenile detention facility; 25
2. A Schedule III through Schedule V controlled substance dispensed by a 26
facility licensed by the cabinet provided that the quantity dispensed is 27 UNOFFICIAL COPY 24 RS BR 2421
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limited to an amount adequate to treat the patient for a maximum of 1
forty-eight (48) hours and is not dispensed by the emergency department 2
of a hospital; or 3
3. A drug administered or dispensed to a research subject enrolled in a 4
research protocol approved by an institutional review board that has an 5
active federalwide assurance number from the United States Department 6
of Health and Human Services, Office for Human Research Protections, 7
where the research involves single, double, or triple blind drug 8
administration or is additionally covered by a certificate of 9
confidentiality from the National Institutes of Health; 10
(c) In addition to the data required by paragraph (d) of this subsection, a 11
Kentucky-licensed acute care hospital or critical access hospital shall report to 12
the cabinet all positive toxicology screens that were performed by the 13
hospital's emergency department to evaluate the patient's suspected drug 14
overdose; 15
(d) Data for each controlled substance that is reported shall include but not be 16
limited to the following: 17
1. Patient identifier; 18
2. National drug code of the drug dispensed; 19
3. Date of dispensing; 20
4. Quantity dispensed; 21
5. Prescriber; and 22
6. Dispenser; 23
(e) The data shall be provided in the electronic format specified by the cabinet 24
unless a waiver has been granted by the cabinet to an individual dispenser. 25
The cabinet shall establish acceptable error tolerance rates for data. 26
Dispensers shall ensure that reports fall within these tolerances. Incomplete or 27 UNOFFICIAL COPY 24 RS BR 2421
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inaccurate data shall be corrected upon notification by the cabinet if the 1
dispenser exceeds these error tolerance rates; 2
(f) The cabinet shall only disclose data to persons and entities authorized to 3
receive that data under this subsection. Disclosure to any other person or 4
entity, including disclosure in the context of a civil action where the 5
disclosure is sought either for the purpose of discovery or for evidence, is 6
prohibited unless specifically authorized by this section. The cabinet shall be 7
authorized to provide data to: 8
1. A designated representative of a board responsible for the licensure, 9
regulation, or discipline of practitioners, pharmacists, or other person 10
who is authorized to prescribe, administer, or dispense controlled 11
substances and who is involved in a bona fide specific investigation 12
involving a designated person; 13
2. Employees of the Office of the Inspector General of the cabinet who 14
have successfully completed training for the electronic system and who 15
have been approved to use the system, federal prosecutors, Kentucky 16
Commonwealth's attorneys and assistant Commonwealth's attorneys, 17
county attorneys and assistant county attorneys, a peace officer certified 18
pursuant to KRS 15.380 to 15.404, a certified or full-time peace officer 19
of another state, or a federal agent whose duty is to enforce the laws of 20
this Commonwealth, of another state, or of the United States relating to 21
drugs and who is engaged in a bona fide specific investigation involving 22
a designated person; 23
3. A state-operated Medicaid program in conformity with paragraph (g) of 24
this subsection; 25
4. A properly convened grand jury pursuant to a subpoena properly issued 26
for the records; 27 UNOFFICIAL COPY 24 RS BR 2421
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5. A practitioner or pharmacist, or employee of the practitioner's or 1
pharmacist's practice acting under the specific direction of the 2
practitioner or pharmacist, who certifies that the requested information 3
is for the purpose of: 4
a. Providing medical or pharmaceutical treatment to a bona fide 5
current or prospective patient; 6
b. Reviewing data on controlled substances that have been reported 7
for the birth mother of an infant who is currently being treated by 8
the practitioner for neonatal abstinence syndrome, or has 9
symptoms that suggest prenatal drug exposure; or 10
c. Reviewing and assessing the individual prescribing or dispensing 11
patterns of the practitioner or pharmacist or to determine the 12
accuracy and completeness of information contained in the 13
monitoring system; 14
6. The chief medical officer of a hospital or long-term-care facility, an 15
employee of the hospital or long-term-care facility as designated by the 16
chief medical officer and who is working under his or her specific 17
direction, or a physician designee if the hospital or facility has no chief 18
medical officer, if the officer, employee, or designee certifies that the 19
requested information is for the purpose of providing medical or 20
pharmaceutical treatment to a bona fide current or prospective patient or 21
resident in the hospital or facility; 22
7. In addition to the purposes authorized under subparagraph 1. of this 23
paragraph, the Kentucky Board of Medical Licensure, for any physician 24
who is: 25
a. Associated in a partnership or other business entity with a 26
physician who is already under investigation by the Board of 27 UNOFFICIAL COPY 24 RS BR 2421
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Medical Licensure for improper prescribing or dispensing 1
practices; 2
b. In a designated geographic area for which a trend report indicates 3
a substantial likelihood that inappropriate prescribing or 4
dispensing may be occurring; or 5
c. In a designated geographic area for which a report on another 6
physician in that area indicates a substantial likelihood that 7
inappropriate prescribing or dispensing may be occurring in that 8
area; 9
8. In addition to the purposes authorized under subparagraph 1. of this 10
paragraph, the Kentucky Board of Nursing, for any advanced practice 11
registered nurse who is: 12
a. Associated in a partnership or other business entity with a 13
physician who is already under investigation by the Kentucky 14
Board of Medical Licensure for improper prescribing or 15
dispensing practices; 16
b. Associated in a partnership or other business entity with an 17
advanced practice registered nurse who is already under 18
investigation by the Board of Nursing for improper prescribing 19
practices; 20
c. In a designated geographic area for which a trend report indicates 21
a substantial likelihood that inappropriate prescribing or 22
dispensing may be occurring; or 23
d. In a designated geographic area for which a report on a physician 24
or another advanced practice registered nurse in that area indicates 25
a substantial likelihood that inappropriate prescribing or 26
dispensing may be occurring in that area; 27 UNOFFICIAL COPY 24 RS BR 2421
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9. A judge or a probation or parole officer administering a diversion or 1
probation program of a criminal defendant arising out of a violation of 2
this chapter or of a criminal defendant who is documented by the court 3
as a substance abuser who is eligible to participate in a court-ordered 4
drug diversion or probation program; or 5
10. A medical examiner engaged in a death investigation pursuant to KRS 6
72.026; 7
(g) The Department for Medicaid Services shall use any data or reports from the 8
system for the purpose of identifying Medicaid providers or recipients whose 9
prescribing, dispensing, or usage of controlled substances may be: 10
1. Appropriately managed by a single outpatient pharmacy or primary care 11
physician; or 12
2. Indicative of improper, inappropriate, or illegal prescribing or 13
dispensing practices by a practitioner or drug seeking by a Medicaid 14
recipient; 15
(h) A person who receives data or any report of the system from the cabinet shall 16
not provide it to any other person or entity except as provided in this 17
subsection, in another statute, or by order of a court of competent jurisdiction 18
and only to a person or entity authorized to receive the data or the report 19
under this section, except that: 20
1. A person specified in paragraph (f)2. of this subsection who is 21
authorized to receive data or a report may share that information with 22
any other persons specified in paragraph (f)2. of this subsection 23
authorized to receive data or a report if the persons specified in 24
paragraph (f)2. of this subsection are working on a bona fide specific 25
investigation involving a designated person. Both the person providing 26
and the person receiving the data or report under this subparagraph shall 27 UNOFFICIAL COPY 24 RS BR 2421
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document in writing each person to whom the data or report has been 1
given or received and the day, month, and year that the data or report 2
has been given or received. This document shall be maintained in a file 3
by each agency engaged in the investigation; 4
2. A representative of the Department for Medicaid Services may share 5
data or reports regarding overutilization by Medicaid recipients with a 6
board designated in paragraph (f)1. of this subsection, or with a law 7
enforcement officer designated in paragraph (f)2. of this subsection; 8
3. The Department for Medicaid Services may submit the data as evidence 9
in an administrative hearing held in accordance with KRS Chapter 13B; 10
4. If a state licensing board as defined in KRS 218A.205 initiates formal 11
disciplinary proceedings against a licensee, and data obtained by the 12
board is relevant to the charges, the board may provide the data to the 13
licensee and his or her counsel, as part of the notice process required by 14
KRS 13B.050, and admit the data as evidence in an administrative 15
hearing conducted pursuant to KRS Chapter 13B, with the board and 16
licensee taking all necessary steps to prevent further disclosure of the 17
data; and 18
5. A practitioner, pharmacist, or employee who obtains data under 19
paragraph (f)5. of this subsection may share the report with the patient 20
or person authorized to act on the patient's behalf. Any practitioner, 21
pharmacist, or employee who obtains data under paragraph (f)5. of this 22
subsection may place the report in the patient's medical record, in which 23
case the individual report shall then be deemed a medical record subject 24
to disclosure on the same terms and conditions as an ordinary medical 25
record in lieu of the disclosure restrictions otherwise imposed by this 26
section; 27 UNOFFICIAL COPY 24 RS BR 2421
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(i) The cabinet, all peace officers specified in paragraph (f)2. of this subsection, 1
all officers of the court, and all regulatory agencies and officers, in using the 2
data for investigative or prosecution purposes, shall consider the nature of the 3
prescriber's and dispenser's practice and the condition for which the patient is 4
being treated; 5
(j) Intentional failure to comply with the reporting requirements of this 6
subsection shall be a Class B misdemeanor for the first offense and a Class A 7
misdemeanor for each subsequent offense; and 8
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply 9
with this section, the cabinet shall notify the licensing board or agency 10
responsible for licensing the prescriber or dispenser. The licensing board shall 11
treat the notification as a complaint against the license. 12
(4) For the purpose of monitoring the cultivation, processing, production, 13
recommending, and dispensing of medicinal cannabis: 14
(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS 15
218B.050 to provide written certifications for the use of medicinal cannabis 16
and every cannabis business licensed under KRS 218B.080, 218B.085, and 17
218B.090 shall register with the cabinet to use the system provided for in this 18
section and shall maintain such registration continuously during the medicinal 19
cannabis practitioner's authorization to provide written certifications or a 20
cannabis business's term of licensure and shall not have to pay a fee or tax 21
specifically dedicated to the operation of the system; 22
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided 23
for in this section allows: 24
1. Medicinal cannabis practitioners to record the issuance of written 25
certifications to a patient as required by KRS 218B.050; 26
2. The cabinet, law enforcement personnel, and dispensary agents to verify 27 UNOFFICIAL COPY 24 RS BR 2421
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the validity of registry identification cards issued by the cabinet. When 1
verifying the validity of an identification card, the system shall only 2
disclose whether the identification card is valid and whether the 3
cardholder is a registered qualified patient, visiting qualified patient, or 4
designated caregiver; 5
3. Dispensary agents to record the amount of medicinal cannabis that is 6
dispensed to a cardholder during each transaction, as required by KRS 7
218B.110; 8
4. Law enforcement personnel and dispensary agents to access medicinal 9
cannabis sales data recorded by dispensary agents pursuant to KRS 10
218B.110; 11
5. The sharing of dispensing data recorded by dispensary agents, pursuant 12
to KRS 218B.110, with all licensed dispensaries in real time; 13
6. Licensed cannabis businesses to record data required by administrative 14
regulations promulgated pursuant to KRS 218B.140 to facilitate the 15
tracking of medicinal cannabis from the point of cultivation to the point 16
of sale to cardholders; and 17
7. The cabinet to track all medicinal cannabis in the state from the point of 18
cultivation to the point of sale to a cardholder; 19
(c) The cabinet shall only disclose data related to the cultivation, production, 20
recommending, and dispensing of medicinal cannabis to persons and entities 21
authorized to receive that data under this subsection. Disclosure to any other 22
person or entity, including disclosure in the context of a civil action where the 23
disclosure is sought either for the purpose of discovery or for evidence, is 24
prohibited unless specifically authorized by this subsection. The cabinet shall 25
be authorized to provide data to: 26
1. Any person or entity authorized to receive data pursuant to paragraph 27 UNOFFICIAL COPY 24 RS BR 2421
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(b) of this subsection; 1
2. A designated representative of a state licensing board responsible for the 2
licensure, regulation, or discipline of medicinal cannabis practitioners 3
and who is involved in a bona fide specific investigation involving a 4
designated person; 5
3. Employees of the Office of the Inspector General of the cabinet who 6
have successfully completed training for the electronic system and who 7
have been approved to use the system, Kentucky Commonwealth's 8
attorneys and assistant Commonwealth's attorneys, and county attorneys 9
and assistant county attorneys who are engaged in a bona fide specific 10
investigation involving a designated person; 11
4. A properly convened grand jury pursuant to a subpoena properly issued 12
for the records; 13
5. A medicinal cannabis practitioner or an employee of a medicinal 14
cannabis practitioner's practice acting under the specific direction of the 15
medicinal cannabis practitioner, who certifies that the request for 16
information is for the purpose of complying with KRS 218B.050(4)(c); 17
6. The chief medical officer of a hospital or long-term-care facility, an 18
employee of the hospital or long-term-care facility as designated by the 19
chief medical officer and who is working under his or her specific 20
direction, or a physician designee if the hospital or facility has no chief 21
medical officer, if the officer, employee, or designee certifies that the 22
requested information is for the purpose of providing medical or 23
pharmaceutical treatment to a bona fide current or prospective patient or 24
resident in the hospital or facility; 25
7. In addition to the purposes authorized under subparagraph 2. of this 26
paragraph, the Kentucky Board of Medical Licensure, for any physician 27 UNOFFICIAL COPY 24 RS BR 2421
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who is: 1
a. Associated in a partnership, other business entity, or supervision 2
agreement established pursuant to KRS 311.854 with a physician 3
who is already under investigation by the Board of Medical 4
Licensure for improper issuance of written certifications; 5
b. Associated in a partnership or other business entity with an 6
advanced practice registered nurse who is already under 7
investigation by the Board of Nursing for improper issuance of 8
written certifications; 9
c. In a designated geographic area for which a trend report indicates 10
a substantial likelihood that inappropriate issuance of written 11
certifications may be occurring; or 12
d. In a designated geographic area for which a report on another 13
physician in that area indicates a substantial likelihood that 14
inappropriate issuance of written certifications may be occurring in 15
that area; 16
8. In addition to the purposes authorized under subparagraph 2. of this 17
paragraph, the Kentucky Board of Nursing, for any advanced practice 18
registered nurse who is: 19
a. Associated in a partnership or other business entity with a 20
physician who is already under investigation by the Kentucky 21
Board of Medical Licensure for improper issuance of written 22
certifications; 23
b. Associated in a partnership or other business entity with an 24
advanced practice registered nurse who is already under 25
investigation by the Board of Nursing for improper issuance of 26
written certifications; 27 UNOFFICIAL COPY 24 RS BR 2421
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c. In a designated geographic area for which a trend report indicates 1
a substantial likelihood that inappropriate issuance of written 2
certifications may be occurring; or 3
d. In a designated geographic area for which a report on another 4
advanced practice registered nurse in that area indicates a 5
substantial likelihood that inappropriate issuance of written 6
certifications may be occurring in that area; 7
9. A judge or a probation or parole officer administering a diversion or 8
probation program of a criminal defendant arising out of a violation of 9
this chapter or of a criminal defendant who is documented by the court 10
as a substance abuser who is eligible to participate in a court-ordered 11
drug diversion or probation program; 12
10. A medical examiner engaged in a death investigation pursuant to KRS 13
72.026; or 14
11. The Legislative Research Commission, the University of Kentucky 15
College of Medicine, or the Kentucky Center for Cannabis established 16
in KRS 164.983 if the cabinet determines that disclosing data related to 17
the cultivation, production, recommending, and dispensing of medicinal 18
cannabis to the Legislative Research Commission, the University of 19
Kentucky College of Medicine, or the Kentucky Center for Cannabis is 20
necessary to comply with the reporting requirements established in KRS 21
218B.020(8); and 22
(d) A person who receives data or any report of the system from the cabinet shall 23
not provide it to any other person or entity except as provided in this section, 24
in another statute, or by order of a court of competent jurisdiction and only to 25
a person or entity authorized to receive the data or the report under this 26
section, except that: 27 UNOFFICIAL COPY 24 RS BR 2421
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1. A person specified in paragraph (c)3. of this subsection who is 1
authorized to receive data or a report may share that information with 2
any other persons specified in paragraph (c)3. of this subsection 3
authorized to receive data or a report if the persons specified in 4
paragraph (c)3. of this subsection are working on a bona fide specific 5
investigation involving a designated person. Both the person providing 6
and the person receiving the data or report under this subparagraph shall 7
document in writing each person to whom the data or report has been 8
given or received and the day, month, and year that the data or report 9
has been given or received. This document shall be maintained in a file 10
by each agency engaged in the investigation; 11
2. If a state licensing board initiates formal disciplinary proceedings 12
against a licensee, and data obtained by the board is relevant to the 13
charges, the board may provide the data to the licensee and his or her 14
counsel, as part of the notice process required by KRS 13B.050, and 15
admit the data as evidence in an administrative hearing conducted 16
pursuant to KRS Chapter 13B, with the board and licensee taking all 17
necessary steps to prevent further disclosure of the data; and 18
3. A medicinal cannabis practitioner or an employee of a medicinal 19
cannabis practitioner's practice acting under the specific direction of the 20
medicinal cannabis practitioner who obtains data under paragraph (c)5. 21
of this subsection may share the report with the patient or person 22
authorized to act on the patient's behalf. Any medicinal cannabis 23
practitioner or employee who obtains data under paragraph (c)5. of this 24
subsection may place the report in the patient's medical record, in which 25
case the individual report shall then be deemed a medical record subject 26
to disclosure on the same terms and conditions as an ordinary medical 27 UNOFFICIAL COPY 24 RS BR 2421
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record in lieu of the disclosure restrictions otherwise imposed by this 1
section. 2
(5) The data contained in, and any report obtained from, the electronic system for 3
monitoring established pursuant to this section shall not be a public record, except 4
that the Department for Medicaid Services may submit the data as evidence in an 5
administrative hearing held in accordance with KRS Chapter 13B. 6
(6) Intentional disclosure of transmitted data to a person not authorized by subsection 7
(3)(f) to (h) or (4)(c) and (d) of this section or authorized by KRS 315.121, or 8
obtaining information under this section not relating to a bona fide current or 9
prospective patient or a bona fide specific investigation, shall be a Class B 10
misdemeanor for the first offense and a Class A misdemeanor for each subsequent 11
offense. 12
(7) The cabinet may, by promulgating an administrative regulation, limit the length of 13
time that data remain in the electronic system. Any data removed from the system 14
shall be archived and subject to retrieval within a reasonable time after a request 15
from a person authorized to review data under this section. 16
(8) (a) The Cabinet for Health and Family Services shall work with each board 17
responsible for the licensure, regulation, or discipline of practitioners, 18
pharmacists, or other persons who are authorized to prescribe, administer, or 19
dispense controlled substances for the development of a continuing education 20
program about the purposes and uses of the electronic system for monitoring 21
established in this section. 22
(b) The cabinet shall work with each board responsible for the licensure, 23
regulation, or discipline of medicinal cannabis practitioners for the 24
development of a continuing education program about the purposes and uses 25
of the electronic system for monitoring established in this section. 26
(c) The cabinet shall work with the Kentucky Bar Association for the 27 UNOFFICIAL COPY 24 RS BR 2421
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development of a continuing education program for attorneys about the 1
purposes and uses of the electronic system for monitoring established in this 2
section. 3
(d) The cabinet shall work with the Justice and Public Safety Cabinet for the 4
development of a continuing education program for law enforcement officers 5
about the purposes and uses of the electronic system for monitoring 6
established in this section. 7
(e) The cabinet shall develop a training program for cannabis business agents 8
about the purposes and uses of the electronic system for monitoring 9
established in this section. 10
(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify 11
patterns of potential improper, inappropriate, or illegal prescribing or dispensing of 12
a controlled substance, issuance of written certifications, or cultivation, processing, 13
or dispensing of medicinal cannabis. The Office of Inspector General may 14
independently investigate and submit findings and recommendations to the 15
appropriate boards of licensure or other reporting agencies. 16
(10) The cabinet shall promulgate administrative regulations to implement the 17
provisions of this section. Included in these administrative regulations shall be: 18
(a) An error resolution process allowing a patient to whom a report had been 19
disclosed under subsections (3) and (4) of this section to request the correction 20
of inaccurate information contained in the system relating to that patient; and 21
(b) A requirement that data be reported to the system under subsection (3)(b) of 22
this section within one (1) day of dispensing. 23
(11) (a) Before July 1, 2018, the Administrative Office of the Courts shall forward 24
data regarding any felony or Class A misdemeanor conviction that involves 25
the trafficking or possession of a controlled substance or other prohibited acts 26
under KRS Chapter 218A for the previous five (5) calendar years to the 27 UNOFFICIAL COPY 24 RS BR 2421
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cabinet for inclusion in the electronic monitoring system established under 1
this section. On or after July 1, 2018, such data shall be forwarded by the 2
Administrative Office of the Courts to the cabinet on a continuing basis. The 3
cabinet shall incorporate the data received into the system so that a query by 4
patient name indicates any prior drug conviction. 5
(b) Before July 1, 2024, the Administrative Office of the Courts shall forward all 6
available data regarding any disqualifying felony offense for the previous five 7
(5) calendar years to the cabinet for inclusion in the electronic monitoring 8
system established under this section. On or after July 1, 2024, such data shall 9
be forwarded by the Administrative Office of the Courts to the cabinet on a 10
continuing basis. The cabinet shall incorporate the data received into the 11
system so that a query by patient name indicates any prior disqualifying 12
felony conviction. 13
Section 8. KRS 218B.010 is amended to read as follows: 14
For the purposes of this chapter, unless the context otherwise requires: 15
(1) "Bona fide practitioner-patient relationship" means a treating or consulting 16
relationship, during the course of which a medicinal cannabis practitioner has: 17
(a) Completed an initial in-person examination and assessment of the patient's 18
medical history and current medical condition; 19
(b) Consulted with the patient with respect to the possible medical, therapeutic, 20
and palliative properties of medicinal cannabis; 21
(c) Advised the patient of the possible risks and side effects associated with the 22
use of medicinal cannabis, including possible interactions between medicinal 23
cannabis and any other drug or medication that the patient is taking at that 24
time; and 25
(d) Established an expectation that he or she will provide follow-up care and 26
treatment to the patient in accordance with administrative regulations 27 UNOFFICIAL COPY 24 RS BR 2421
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promulgated pursuant to KRS 218B.050(10); 1
(2) "Cabinet" means the Cabinet for Health and Family Services; 2
(3) "Cannabis business" means an entity licensed under this chapter as a cultivator, 3
dispensary, processor, producer, or safety compliance facility; 4
(4) "Cannabis business agent" means a principal officer, board member, employee, 5
volunteer, or agent of a cannabis business; 6
(5) "Cardholder" means: 7
(a) A registered qualified patient, designated caregiver, or visiting qualified 8
patient who has applied for, obtained, and possesses a valid registry 9
identification card issued by the cabinet; or 10
(b) A visiting qualified patient who has obtained and possesses: 11
1. A valid out-of-state registry identification card; and 12
2. Documentation of having been diagnosed with a qualifying medical 13
condition; 14
(6) "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and 15
218B.090; 16
(7) "Cultivator agent" means a principal officer, board member, employee, volunteer, 17
or agent of a cultivator; 18
(8) "Designated caregiver" means a person who has registered as such with the cabinet 19
under KRS 218B.055 and 218B.060; 20
(9) "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085, 21
and 218B.090; 22
(10) "Dispensary agent" means a principal officer, board member, employee, volunteer, 23
or agent of a dispensary; 24
(11) "Disqualifying felony offense" means: 25
(a) A felony offense that resulted in the person being classified by the 26
Department of Corrections[would classify the person] as a violent offender 27 UNOFFICIAL COPY 24 RS BR 2421
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under KRS 439.3401; or 1
(b) A violation of a state or federal controlled substance law that was classified as 2
a felony in the jurisdiction where the person was convicted, except: 3
1. An offense for which the sentence, including any term of probation, 4
incarceration, or supervised release, was completed five (5) or more 5
years earlier; or 6
2. An offense that, as determined by the cabinet, consisted of conduct for 7
which this chapter would likely have prevented a conviction, but the 8
conduct either occurred prior to the enactment of this chapter or was 9
prosecuted by an authority other than the Commonwealth of Kentucky; 10
(12) "Enclosed, locked facility" means an indoor growing space such as a room, 11
greenhouse, building, or other indoor enclosed area that is maintained and operated 12
by a cultivator or producer and is equipped with locks and other security devices 13
that permit access only by authorized agents of the cultivator or producer, as 14
required by the cabinet; 15
(13) "Growth area" has the same meaning as an enclosed, locked facility; 16
(14) "Marijuana" has the same meaning as in KRS 218A.010; 17
(15) "Medicinal cannabis": 18
(a) Means marijuana as defined in KRS 218A.010 when cultivated, harvested, 19
processed, produced, transported, dispensed, distributed, sold, possessed, or 20
used in accordance with this chapter; 21
(b) Includes medicinal cannabis products and raw plant material; and 22
(c) Does not include industrial hemp or industrial hemp products as defined in 23
KRS 260.850; 24
(16) "Medicinal cannabis accessories" means any equipment, product, or material of any 25
kind which is used, intended for use, or designed for use in the preparing, storing, 26
using, or consuming medicinal cannabis in accordance with this chapter; 27 UNOFFICIAL COPY 24 RS BR 2421
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(17) "Medicinal cannabis practitioner" means a physician or an advanced practice 1
registered nurse who is authorized to prescribe controlled substances under KRS 2
314.042, who is authorized by his or her state licensing board to provide written 3
certifications pursuant to KRS 218B.050; 4
(18) "Medicinal cannabis product": 5
(a) Means any compound, manufacture, salt, derivative, mixture, or preparation 6
of any part of the plant Cannabis sp., its seeds or its resin; or any compound, 7
mixture, or preparation which contains any quantity of these substances when 8
cultivated, harvested, processed, produced, transported, dispensed, distributed, 9
sold, possessed, or used in accordance with this chapter; and 10
(b) Does not include industrial hemp products as defined in KRS 260.850; 11
(19) "Minor" means a person less than eighteen (18) years of age; 12
(20) "Out-of-state registry identification card" means a registry identification card, or an 13
equivalent document, that was issued pursuant to the laws of another state, district, 14
territory, commonwealth, or insular possession of the United States; 15
(21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and 16
218B.090; 17
(22) "Processor agent" means a principal officer, board member, employee, volunteer, or 18
agent of a processor; 19
(23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and 20
218B.090; 21
(24) "Producer agent" means a principal officer, board member, employee, volunteer, or 22
agent of a producer; 23
(25) "Qualified patient" means a person who has obtained a written certification from a 24
medicinal cannabis practitioner with whom he or she has a bona fide practitioner-25
patient relationship; 26
(26) "Qualifying medical condition" means any of the following: 27 UNOFFICIAL COPY 24 RS BR 2421
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(a) Acquired immunodeficiency syndrome (AIDS); 1
(b) Amyotrophic lateral sclerosis (ALS) or Lou Gehrig's disease; 2
(c) Arthritis; 3
(d) Cachexia or wasting syndrome; 4
(e) [Any type or form of ]Cancer, regardless of type, form, or stage; 5
(f) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 6
other conventional medical treatments; 7
(g)[(b)] Chronic, severe, intractable, or debilitating pain; 8
(h)[(c)] Epilepsy or any other intractable seizure disorder; 9
(i) Fibromyalgia; 10
(j) Glaucoma; 11
(k) Hepatitis C; 12
(l) Human immunodeficiency virus (HIV); 13
(m) Huntington's disease; 14
(n) Irritable bowel disease, including Crohn's disease or ulcerative colitis; 15
(o)[(d)] Multiple sclerosis, muscle spasms, or spasticity; 16
(p) Muscular dystrophy; 17
(q) Neuropathies; 18
(r) Parkinson's disease; 19
[(e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to 20
other conventional medical treatments;] 21
(s)[(f)] Post-traumatic stress disorder;[ and] 22
(t) Sickle cell disease; 23
(u) Any terminal illness as defined in KRS 217.5401; and 24
(v)[(g)] Any other medical condition or disease for which the Kentucky Center 25
for Cannabis established in KRS 164.983, or its successor, determines that 26
sufficient scientific data and evidence exists to demonstrate that an individual 27 UNOFFICIAL COPY 24 RS BR 2421
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diagnosed with that condition or disease is likely to receive medical, 1
therapeutic, or palliative benefits from the use of medicinal cannabis; 2
(27) "Raw plant material": 3
(a) Means the trichome-covered part of the female plant Cannabis sp. or any 4
mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp. 5
plant; and 6
(b) Does not include plant material obtained from industrial hemp as defined in 7
KRS 260.850; 8
(28) "Registered qualified patient" means a qualified patient who has applied for, 9
obtained, and possesses a valid registry identification card or provisional 10
registration receipt issued by the cabinet; 11
(29) "Registry identification card" means a document issued by the cabinet that 12
identifies a person as a registered qualified patient, visiting qualified patient, or 13
designated caregiver; 14
(30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080, 15
218B.085, and 218B.090; 16
(31) "Safety compliance facility agent" means a principal officer, board member, 17
employee, volunteer, or agent of a safety compliance facility; 18
(32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller 19
than eight (8) inches; 20
(33) "Serious violation" means: 21
(a) Any violation of this chapter or any administrative regulation promulgated 22
thereunder that is capable of causing death or which causes serious and 23
prolonged disfigurement, prolonged impairment of health, or prolonged loss 24
or impairment of the function of any bodily organ; 25
(b) The diversion of medicinal cannabis for use not regulated pursuant to this 26
chapter; or 27 UNOFFICIAL COPY 24 RS BR 2421
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(c) Any act that would constitute a violation of KRS 218A.1421; 1
(34) "Smoking" means the inhalation of smoke produced from the combustion of raw 2
plant material when ignited by a flame; 3
(35) "State licensing board" means: 4
(a) The Kentucky Board of Medical Licensure; or 5
(b) The Kentucky Board of Nursing; 6
(36) "Telehealth" has the same meaning as in KRS 211.332; 7
(37) "Use of medicinal cannabis": 8
(a) Includes the acquisition, administration, possession, transfer, transportation, 9
or consumption of medicinal cannabis or medicinal cannabis accessories by a 10
cardholder in accordance with this chapter; and 11
(b) Does not include: 12
1. Cultivation of marijuana by a cardholder; 13
2. The use or consumption of marijuana by smoking; or 14
3. The use of industrial hemp or industrial hemp products as defined in 15
KRS 260.850; 16
(38) "Visiting qualified patient" means a person who has registered as such through the 17
cabinet as required under this chapter or who possesses a valid out-of-state registry 18
identification card and documentation of having been diagnosed with a qualifying 19
medical condition; and 20
(39) "Written certification" means a document dated and signed by a medicinal cannabis 21
practitioner, that: 22
(a) States, that in the medicinal cannabis practitioner's professional medical 23
opinion, the patient may receive medical, therapeutic, or palliative benefit 24
from the use of medicinal cannabis; 25
(b) Specifies the qualifying medical condition or conditions for which the 26
medicinal cannabis practitioner believes the patient may receive medical, 27 UNOFFICIAL COPY 24 RS BR 2421
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therapeutic, or palliative benefit; and 1
(c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner-2
patient relationship with the patient. 3
Section 9. KRS 218B.060 is amended to read as follows: 4
(1) The cabinet shall establish, implement, and operate a registry identification card 5
program, including registry identification card application and renewal fees, for 6
registered qualified patients, visiting qualified patients, and designated caregivers. 7
Registry identification card application and renewal fees collected by the cabinet 8
pursuant to this section shall be retained by the cabinet for administrative purposes. 9
(2) Registry identification cards shall contain the following: 10
(a) The name of the cardholder; 11
(b) A designation of whether the cardholder is a registered qualified patient, 12
visiting qualified patient, or designated caregiver; 13
(c) The date of issuance and expiration date of the registry identification card; 14
(d) A random alphanumeric identification number of at least ten (10) characters, 15
containing at least four (4) numbers and at least four (4) letters, that is unique 16
to the cardholder; 17
(e) A bar code or other marking that can be scanned electronically; 18
(f) A photograph of the cardholder, if the cabinet's administrative regulations 19
require one; 20
(g) The telephone number and website address for the electronic monitoring 21
system established pursuant to KRS 218A.202; 22
(h) If the cardholder is a registered qualified patient who has designated one (1) 23
or more designated caregivers, the random alphanumeric identification 24
number of the patient's designated caregivers; 25
(i) If the cardholder is a designated caregiver, the random alphanumeric 26
identification number of the registered qualified patient the designated 27 UNOFFICIAL COPY 24 RS BR 2421
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caregiver is receiving the registry identification card to assist; and 1
(j) If the cardholder is under eighteen (18) years of age, a clear and obvious 2
designation or identifier indicating that the cardholder is under eighteen (18) 3
years of age. 4
(3) (a) Except as provided in paragraph (b) of this subsection, the expiration date for 5
registry identification cards shall be one (1) year after the date of issuance. 6
(b) If a medicinal cannabis practitioner states in the written certification that the 7
qualified patient would benefit from the use of medicinal cannabis until a 8
specified earlier date, then the registry identification card shall expire on that 9
date. 10
(4) The cabinet may, at its discretion, electronically store in the card all of the 11
information listed in subsection (2) of this section, along with the address and date 12
of birth of the cardholder, to allow it to be read electronically by law enforcement 13
agents and licensed cannabis businesses. 14
[(5) (a) The cabinet shall operate a provisional registration receipt system for 15
registered qualified patients, designated caregivers, and visiting qualified 16
patients that shall be valid for forty-five (45) days, or until a permanent card 17
can be issued, as if it is a registry identification card issued by the cabinet. 18
This program shall be implemented and operational simultaneously with the 19
cabinet's implementation of the registry identification card program 20
established in this section. A provisional registration receipt shall contain the 21
following: 22
1. A temporary licensure number; 23
2. A barcode or other marking that can be scanned electronically; 24
3. The name of the applicant; 25
4. A designation of whether the cardholder is a registered qualified patient, 26
visiting qualified patient, or designated caregiver; 27 UNOFFICIAL COPY 24 RS BR 2421
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5. If the cardholder is under eighteen (18) years of age, a clear and obvious 1
designation or identifier indicating that the cardholder is under eighteen 2
(18) years of age; 3
6. The effective date of the receipt; 4
7. The expiration date of the receipt; 5
8. An indication that the cardholder fee has been paid; 6
9. An indication that the application has been submitted and is apparently 7
complete; and 8
10. The name of the certifying medicinal cannabis practitioner. 9
(b) The registration receipt system shall be designed so that this provisional 10
registration receipt shall be produced by the application website upon 11
completion of an application that includes a written certification for the use of 12
medicinal cannabis and payment of the cardholder fee. To reduce application 13
errors and processing time, a medicinal cannabis practitioner or a dispensary 14
may offer a service that allows an applicant to use a computer and printer on 15
the premises of the medicinal cannabis practitioner's office or dispensary to 16
complete an application and receive a provisional registration receipt pursuant 17
to this subsection. 18
(c) Notwithstanding any other provision of this chapter, a valid provisional 19
registration receipt issued pursuant to this subsection shall convey to the 20
individual whose name appears on the provisional registration receipt all of 21
the same rights and privileges as a registry identification card issued by the 22
cabinet and shall be accepted by a cannabis business in place of a registry 23
identification card.] 24
Section 10. KRS 218B.130 is amended to read as follows: 25
(1) For the purposes of this section, "local government" means a city, county, urban-26
county government, consolidated local government, charter county government, or 27 UNOFFICIAL COPY 24 RS BR 2421
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unified local government. 1
(2) Prior to the cabinet issuing a license to a cannabis business to conduct business 2
operations within the territory of a local government, the[A] local government 3
may: 4
(a) Enact ordinances not in conflict with this chapter or with the cabinet's 5
administrative regulations, regulating the time, place, and manner of cannabis 6
business operations, except that a local government shall not enact ordinances 7
that impose an undue burden or make cannabis business operations 8
unreasonable or impractical; 9
(b) Prohibit all cannabis business operations within its territory through the 10
passage of an ordinance; or 11
(c) Enact resolutions directing that the question of prohibiting cannabis 12
businesses from operating within its territory be submitted to the voters of its 13
territory at the next regular election pursuant to subsection (5)(j) of this 14
section. 15
(3) If a county, consolidated local government, charter county government, or unified 16
local government prohibits all cannabis business operations, the legislative body of 17
a city located within the county, consolidated local government, charter county 18
government, or unified local government may: 19
(a) Approve cannabis business operations within the limits of the city through the 20
passage of an ordinance; or 21
(b) Enact resolutions directing that the question of allowing cannabis businesses 22
to operate within the limits of the city be submitted to the voters who are 23
eligible to vote in that city's elections at the next regular election pursuant to 24
subsection (5)(j) of this section. 25
(4) If a local government legislative body with jurisdiction prohibits cannabis business 26
operations through the passage of an ordinance, a public question that is initiated by 27 UNOFFICIAL COPY 24 RS BR 2421
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petition and that proposes allowing a cannabis business to operate within the 1
affected territory is authorized. 2
(5) A public question that is initiated by petition and is authorized by subsection (4) of 3
this section shall be submitted to the voters within the affected territory at the next 4
regular election by complying with the following requirements: 5
(a) Before a petition for submission of the proposal may be presented for 6
signatures, an intent to circulate the petition, including a copy of the unsigned 7
petition, shall be filed with the county clerk of the affected territory by any 8
person or group of persons seeking the submission of the public question. The 9
statement of intent shall include the addresses of the person or group of 10
persons and shall specify the person or group of persons, as well as the 11
address, to whom all notices are to be sent. Within ten (10) days after the 12
intent to circulate the petition is filed, the county clerk shall deliver a copy of 13
the intent to circulate the petition, including a copy of the unsigned petition, to 14
the legislative body of the affected territory; 15
(b) The petition shall set out in full the following question: "Are you in favor of 16
the sale of medicinal cannabis at a licensed dispensary and the operation of 17
other cannabis businesses in (affected territory)?"; 18
(c) The petition for the submission of the proposal shall be signed by a number of 19
constitutionally qualified voters of the territory to be affected equal to five 20
percent (5%) of registered voters for the affected territory; 21
(d) Each signature shall be executed in ink or indelible pencil and shall be 22
followed by the legibly printed name of each voter, followed by the voter's 23
residence address, year of birth, and the correct date upon which the voter's 24
name was signed; 25
(e) No petition for the submission of the proposal shall be circulated for more 26
than six (6) months prior to its filing; 27 UNOFFICIAL COPY 24 RS BR 2421
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(f) After a petition for the submission of the proposal has received no fewer than 1
the number of qualifying signatures required by paragraph (c) of this 2
subsection, the signed petition shall be filed with the county clerk. When it is 3
filed, each sheet of the petition shall have an affidavit executed by the 4
circulator stating that he or she personally circulated the sheet, the number of 5
signatures thereon, that all signatures were affixed in his or her presence, that 6
he or she believes them to be the genuine signatures of registered voters 7
within the affected territory, and that each signer had an opportunity before 8
signing to read the full text of the proposal; 9
(g) No signer of the petition may withdraw his or her name or have it taken from 10
the petition after the petition has been filed. If the name of any person has 11
been placed on the petition for submission of the public question without that 12
person's authority, the person may, at any time prior to certification of 13
sufficiency of the petition by the county clerk as required by paragraph (h) of 14
this subsection, request the removal of his or her name by the county board of 15
elections and, upon proof that the person's name was placed on the petition 16
without his or her authority, the person's name and personal information shall 17
be eliminated, and he or she shall not be counted as a petitioner; 18
(h) Within thirty (30) days after the petition is filed, the county clerk shall 19
complete a certificate as to its sufficiency or, if it is insufficient, specifying 20
the particulars of the insufficiency, and shall send a copy to the person or 21
persons specified in the statement of intent to receive all notices and to the 22
legislative body of the affected territory, all by registered mail. A petition 23
certified insufficient for lack of the required number of valid signatures may 24
be amended once by filing a supplemental petition upon additional sheets 25
within thirty (30) days after receiving the certificate of insufficiency. The 26
supplemental petition shall comply with the requirements applicable to the 27 UNOFFICIAL COPY 24 RS BR 2421
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original petition and, within ten (10) days after it is filed, the county clerk 1
shall complete a certificate as to the sufficiency of the petition as amended 2
and promptly send a copy of the certificate to the person or persons specified 3
to receive all notices and to the legislative body of the affected territory by 4
registered mail; 5
(i) A final determination as to the sufficiency of a petition shall be subject to 6
review in the Circuit Court of the county of the affected territory and shall be 7
limited to the validity of the county clerk's determination. A final 8
determination of insufficiency shall not prejudice the filing of a new petition 9
for the same purpose; and 10
(j) If, not later than the second Tuesday in August preceding the day established 11
for a regular election, the county clerk has certified that a petition is sufficient 12
or has received a local government resolution pursuant to subsection (2) or (3) 13
of this section, the county clerk shall have prepared to place before the voters 14
of the affected territory at the next regular election the question, which shall 15
be "Are you in favor of the sale of medicinal cannabis at a licensed dispensary 16
and the operation of other cannabis businesses in (affected territory)? 17
Yes....No....". The county clerk shall cause to be published in accordance with 18
KRS Chapter 424, at the same time as the remaining voter information, the 19
full text of the proposal. The county clerk shall cause to be posted in each 20
polling place one (1) copy of the full text of the proposal. 21
(6) If the question submitted to the voters under subsection (3) or (5) of this section 22
fails to pass, three (3) years shall elapse before the question of medicinal cannabis 23
sales and cannabis business operations may be included on a regular election ballot 24
for the affected territory. 25
(7) If the question submitted to the voters under subsection (3) or (5) of this section 26
passes, medicinal cannabis sales and cannabis business operations may be 27 UNOFFICIAL COPY 24 RS BR 2421
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conducted in the affected territory, notwithstanding any local government 1
ordinances which prohibit all cannabis business operations within its territory. 2
(8) In circumstances where a county, consolidated local government, charter county 3
government, or unified local government prohibits cannabis business operations but 4
a city within that county, consolidated local government, charter county 5
government, or unified local government approves cannabis business operations 6
either through the adoption of an ordinance or following the affirmative vote of a 7
public question allowing cannabis business operations, then: 8
(a) The cannabis business operations may proceed within the limits of the city; 9
and 10
(b) The county, consolidated local government, charter county government, or 11
unified local government may assess an additional reasonable fee to 12
compensate for any additional corrections impact caused by the approval of 13
cannabis business operations. Any additional fees collected pursuant to this 14
subsection shall not exceed the additional corrections impact caused by the 15
approval of cannabis business operations. 16
(9) In circumstances where neither a city nor the county, urban-county government, 17
consolidated local government, charter county government, or unified local 18
government in which the city is located prohibit cannabis business operations, a 19
cannabis business that is located within the jurisdiction of both the city and the 20
county shall only pay the reasonable established local fees of either the city or the 21
county. The fee shall be established, assessed, collected, and shared between the 22
city and the county, in a manner to be negotiated between the city and the county. 23
(10) The provisions of general election law shall apply to public questions submitted to 24
voters under this section. 25
(11) Notwithstanding any provision of this section to the contrary, a local government 26
shall not prohibit cannabis business operations within its territory after the 27 UNOFFICIAL COPY 24 RS BR 2421
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cabinet has issued a license to a cannabis business to conduct cannabis business 1
operations within that territory. 2
Section 11. KRS 139.480 (Effective January 1, 2025) is repealed and reenacted 3
to read as follows: 4
Any other provision of this chapter to the contrary notwithstanding, the terms "sale at 5
retail," "retail sale," "use," "storage," and "consumption," as used in this chapter, shall not 6
include the sale, use, storage, or other consumption of: 7
(1) Locomotives or rolling stock, including materials for the construction, repair, or 8
modification thereof, or fuel or supplies for the direct operation of locomotives and 9
trains, used or to be used in interstate commerce; 10
(2) Coal for the manufacture of electricity; 11
(3) (a) All energy or energy-producing fuels used in the course of manufacturing, 12
processing, mining, or refining and any related distribution, transmission, and 13
transportation services for this energy that are billed to the user, to the extent 14
that the cost of the energy or energy-producing fuels used, and related 15
distribution, transmission, and transportation services for this energy that are 16
billed to the user exceed three percent (3%) of the cost of production. 17
(b) Cost of production shall be computed on the basis of a plant facility, which 18
shall include all operations within the continuous, unbroken, integrated 19
manufacturing or industrial processing process that ends with a product 20
packaged and ready for sale. 21
(c) A person who performs a manufacturing or industrial processing activity for a 22
fee and does not take ownership of the tangible personal property that is 23
incorporated into, or becomes the product of, the manufacturing or industrial 24
processing activity is a toller. For periods on or after July 1, 2018, the costs of 25
the tangible personal property shall be excluded from the toller's cost of 26
production at a plant facility with tolling operations in place as of July 1, 27 UNOFFICIAL COPY 24 RS BR 2421
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2018. 1
(d) For plant facilities that begin tolling operations after July 1, 2018, the costs of 2
tangible personal property shall be excluded from the toller's cost of 3
production if the toller: 4
1. Maintains a binding contract for periods after July 1, 2018, that governs 5
the terms, conditions, and responsibilities with a separate legal entity, 6
which holds title to the tangible personal property that is incorporated 7
into, or becomes the product of, the manufacturing or industrial 8
processing activity; 9
2. Maintains accounting records that show the expenses it incurs to fulfill 10
the binding contract that include but are not limited to energy or energy-11
producing fuels, materials, labor, procurement, depreciation, 12
maintenance, taxes, administration, and office expenses; 13
3. Maintains separate payroll, bank accounts, tax returns, and other records 14
that demonstrate its independent operations in the performance of its 15
tolling responsibilities; 16
4. Demonstrates one (1) or more substantial business purposes for the 17
tolling operations germane to the overall manufacturing, industrial 18
processing activities, or corporate structure at the plant facility. A 19
business purpose is a purpose other than the reduction of sales tax 20
liability for the purchases of energy and energy-producing fuels; and 21
5. Provides information to the department upon request that documents 22
fulfillment of the requirements in subparagraphs 1. to 4. of this 23
paragraph and gives an overview of its tolling operations with an 24
explanation of how the tolling operations relate and connect with all 25
other manufacturing or industrial processing activities occurring at the 26
plant facility; 27 UNOFFICIAL COPY 24 RS BR 2421
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(4) Livestock of a kind the products of which ordinarily constitute food for human 1
consumption, provided the sales are made for breeding or dairy purposes and by or 2
to a person regularly engaged in the business of farming; 3
(5) Poultry for use in breeding or egg production; 4
(6) Farm work stock for use in farming operations; 5
(7) Seeds, the products of which ordinarily constitute food for human consumption or 6
are to be sold in the regular course of business, and commercial fertilizer to be 7
applied on land, the products from which are to be used for food for human 8
consumption or are to be sold in the regular course of business; provided such sales 9
are made to farmers who are regularly engaged in the occupation of tilling and 10
cultivating the soil for the production of crops as a business, or who are regularly 11
engaged in the occupation of raising and feeding livestock or poultry or producing 12
milk for sale; and provided further that tangible personal property so sold is to be 13
used only by those persons designated above who are so purchasing; 14
(8) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals to be 15
used in the production of crops as a business, or in the raising and feeding of 16
livestock or poultry, the products of which ordinarily constitute food for human 17
consumption; 18
(9) Feed, including pre-mixes and feed additives, for livestock or poultry of a kind the 19
products of which ordinarily constitute food for human consumption; 20
(10) Machinery for new and expanded industry; 21
(11) Farm machinery. As used in this section, the term "farm machinery": 22
(a) Means machinery used exclusively and directly in the occupation of: 23
1. Tilling the soil for the production of crops as a business; 24
2. Raising and feeding livestock or poultry for sale; or 25
3. Producing milk for sale; 26
(b) Includes machinery, attachments, and replacements therefor, repair parts, and 27 UNOFFICIAL COPY 24 RS BR 2421
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replacement parts which are used or manufactured for use on, or in the 1
operation of farm machinery and which are necessary to the operation of the 2
machinery, and are customarily so used, including but not limited to combine 3
header wagons, combine header trailers, or any other implements specifically 4
designed and used to move or transport a combine head; and 5
(c) Does not include: 6
1. Automobiles; 7
2. Trucks; 8
3. Trailers, except combine header trailers; or 9
4. Truck-trailer combinations; 10
(12) Tombstones and other memorial grave markers; 11
(13) On-farm facilities used exclusively for grain or soybean storing, drying, processing, 12
or handling. The exemption applies to the equipment, machinery, attachments, 13
repair and replacement parts, and any materials incorporated into the construction, 14
renovation, or repair of the facilities; 15
(14) On-farm facilities used exclusively for raising poultry or livestock. The exemption 16
shall apply to the equipment, machinery, attachments, repair and replacement parts, 17
and any materials incorporated into the construction, renovation, or repair of the 18
facilities. The exemption shall apply but not be limited to vent board equipment, 19
waterer and feeding systems, brooding systems, ventilation systems, alarm systems, 20
and curtain systems. In addition, the exemption shall apply whether or not the seller 21
is under contract to deliver, assemble, and incorporate into real estate the 22
equipment, machinery, attachments, repair and replacement parts, and any materials 23
incorporated into the construction, renovation, or repair of the facilities; 24
(15) Gasoline, special fuels, liquefied petroleum gas, and natural gas used exclusively 25
and directly to: 26
(a) Operate farm machinery as defined in subsection (11) of this section; 27 UNOFFICIAL COPY 24 RS BR 2421
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(b) Operate on-farm grain or soybean drying facilities as defined in subsection 1
(13) of this section; 2
(c) Operate on-farm poultry or livestock facilities defined in subsection (14) of 3
this section; 4
(d) Operate on-farm ratite facilities defined in subsection (23) of this section; 5
(e) Operate on-farm llama or alpaca facilities as defined in subsection (25) of this 6
section; or 7
(f) Operate on-farm dairy facilities; 8
(16) Textbooks, including related workbooks and other course materials, purchased for 9
use in a course of study conducted by an institution which qualifies as a nonprofit 10
educational institution under KRS 139.495. The term "course materials" means only 11
those items specifically required of all students for a particular course but shall not 12
include notebooks, paper, pencils, calculators, tape recorders, or similar student 13
aids; 14
(17) Any property which has been certified as an alcohol production facility as defined 15
in KRS 247.910; 16
(18) Aircraft, repair and replacement parts therefor, and supplies, except fuel, for the 17
direct operation of aircraft in interstate commerce and used exclusively for the 18
conveyance of property or passengers for hire. Nominal intrastate use shall not 19
subject the property to the taxes imposed by this chapter; 20
(19) Any property which has been certified as a fluidized bed energy production facility 21
as defined in KRS 211.390; 22
(20) (a) 1. Any property to be incorporated into the construction, rebuilding, 23
modification, or expansion of a blast furnace or any of its components or 24
appurtenant equipment or structures as part of an approved supplemental 25
project, as defined by KRS 154.26-010; and 26
2. Materials, supplies, and repair or replacement parts purchased for use in 27 UNOFFICIAL COPY 24 RS BR 2421
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the operation and maintenance of a blast furnace and related carbon 1
steel-making operations as part of an approved supplemental project, as 2
defined by KRS 154.26-010. 3
(b) The exemptions provided in this subsection shall be effective for sales made: 4
1. On and after July 1, 2018; and 5
2. During the term of a supplemental project agreement entered into 6
pursuant to KRS 154.26-090; 7
(21) Beginning on October 1, 1986, food or food products purchased for human 8
consumption with food coupons issued by the United States Department of 9
Agriculture pursuant to the Food Stamp Act of 1977, as amended, and required to 10
be exempted by the Food Security Act of 1985 in order for the Commonwealth to 11
continue participation in the federal food stamp program; 12
(22) Machinery or equipment purchased or leased by a business, industry, or 13
organization in order to collect, source separate, compress, bale, shred, or otherwise 14
handle waste materials if the machinery or equipment is primarily used for 15
recycling purposes; 16
(23) Ratite birds and eggs to be used in an agricultural pursuit for the breeding and 17
production of ratite birds, feathers, hides, breeding stock, eggs, meat, and ratite by-18
products, and the following items used in this agricultural pursuit: 19
(a) Feed and feed additives; 20
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 21
and 22
(c) On-farm facilities, including equipment, machinery, attachments, repair and 23
replacement parts, and any materials incorporated into the construction, 24
renovation, or repair of the facilities. The exemption shall apply to incubation 25
systems, egg processing equipment, waterer and feeding systems, brooding 26
systems, ventilation systems, alarm systems, and curtain systems. In addition, 27 UNOFFICIAL COPY 24 RS BR 2421
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the exemption shall apply whether or not the seller is under contract to 1
deliver, assemble, and incorporate into real estate the equipment, machinery, 2
attachments, repair and replacement parts, and any materials incorporated into 3
the construction, renovation, or repair of the facilities; 4
(24) Embryos and semen that are used in the reproduction of livestock, if the products of 5
these embryos and semen ordinarily constitute food for human consumption, and if 6
the sale is made to a person engaged in the business of farming; 7
(25) Llamas and alpacas to be used as beasts of burden or in an agricultural pursuit for 8
the breeding and production of hides, breeding stock, fiber and wool products, 9
meat, and llama and alpaca by-products, and the following items used in this 10
pursuit: 11
(a) Feed and feed additives; 12
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 13
and 14
(c) On-farm facilities, including equipment, machinery, attachments, repair and 15
replacement parts, and any materials incorporated into the construction, 16
renovation, or repair of the facilities. The exemption shall apply to waterer 17
and feeding systems, ventilation systems, and alarm systems. In addition, the 18
exemption shall apply whether or not the seller is under contract to deliver, 19
assemble, and incorporate into real estate the equipment, machinery, 20
attachments, repair and replacement parts, and any materials incorporated into 21
the construction, renovation, or repair of the facilities; 22
(26) Baling twine and baling wire for the baling of hay and straw; 23
(27) Water sold to a person regularly engaged in the business of farming and used in the: 24
(a) Production of crops; 25
(b) Production of milk for sale; or 26
(c) Raising and feeding of: 27 UNOFFICIAL COPY 24 RS BR 2421
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1. Livestock or poultry, the products of which ordinarily constitute food 1
for human consumption; or 2
2. Ratites, llamas, alpacas, buffalo, cervids or aquatic organisms; 3
(28) Buffalos to be used as beasts of burden or in an agricultural pursuit for the 4
production of hides, breeding stock, meat, and buffalo by-products, and the 5
following items used in this pursuit: 6
(a) Feed and feed additives; 7
(b) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 8
and 9
(c) On-farm facilities, including equipment, machinery, attachments, repair and 10
replacement parts, and any materials incorporated into the construction, 11
renovation, or repair of the facilities. The exemption shall apply to waterer 12
and feeding systems, ventilation systems, and alarm systems. In addition, the 13
exemption shall apply whether or not the seller is under contract to deliver, 14
assemble, and incorporate into real estate the equipment, machinery, 15
attachments, repair and replacement parts, and any materials incorporated into 16
the construction, renovation, or repair of the facilities; 17
(29) Aquatic organisms sold directly to or raised by a person regularly engaged in the 18
business of producing products of aquaculture, as defined in KRS 260.960, for sale, 19
and the following items used in this pursuit: 20
(a) Feed and feed additives; 21
(b) Water; 22
(c) Insecticides, fungicides, herbicides, rodenticides, and other farm chemicals; 23
and 24
(d) On-farm facilities, including equipment, machinery, attachments, repair and 25
replacement parts, and any materials incorporated into the construction, 26
renovation, or repair of the facilities and, any gasoline, special fuels, liquefied 27 UNOFFICIAL COPY 24 RS BR 2421
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petroleum gas, or natural gas used to operate the facilities. The exemption 1
shall apply, but not be limited to: waterer and feeding systems; ventilation, 2
aeration, and heating systems; processing and storage systems; production 3
systems such as ponds, tanks, and raceways; harvest and transport equipment 4
and systems; and alarm systems. In addition, the exemption shall apply 5
whether or not the seller is under contract to deliver, assemble, and 6
incorporate into real estate the equipment, machinery, attachments, repair and 7
replacement parts, and any materials incorporated into the construction, 8
renovation, or repair of the facilities; 9
(30) Members of the genus cervidae permitted by KRS Chapter 150 that are used for the 10
production of hides, breeding stock, meat, and cervid by-products, and the 11
following items used in this pursuit: 12
(a) Feed and feed additives; 13
(b) Insecticides, fungicides, herbicides, rodenticides, and other chemicals; and 14
(c) On-site facilities, including equipment, machinery, attachments, repair and 15
replacement parts, and any materials incorporated into the construction, 16
renovation, or repair of the facilities. In addition, the exemption shall apply 17
whether or not the seller is under contract to deliver, assemble, and 18
incorporate into real estate the equipment, machinery, attachments, repair and 19
replacement parts, and any materials incorporated into the construction, 20
renovation, or repair of the facilities; 21
(31) (a) Repair or replacement parts for the direct operation or maintenance of a motor 22
vehicle, including any towed unit, used exclusively in interstate commerce for 23
the conveyance of property or passengers for hire, provided the motor vehicle 24
is licensed for use on the highway and its declared gross vehicle weight with 25
any towed unit is forty-four thousand and one (44,001) pounds or greater. 26
Nominal intrastate use shall not subject the property to the taxes imposed by 27 UNOFFICIAL COPY 24 RS BR 2421
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this chapter; and 1
(b) Repair or replacement parts for the direct operation and maintenance of a 2
motor vehicle operating under a charter bus certificate issued by the 3
Transportation Cabinet under KRS Chapter 281, or under similar authority 4
granted by the United States Department of Transportation. 5
(c) For the purposes of this subsection, "repair or replacement parts" means tires, 6
brakes, engines, transmissions, drive trains, chassis, body parts, and their 7
components. "Repair or replacement parts" shall not include fuel, machine 8
oils, hydraulic fluid, brake fluid, grease, supplies, or accessories not essential 9
to the operation of the motor vehicle itself, except when sold as part of the 10
assembled unit, such as cigarette lighters, radios, lighting fixtures not 11
otherwise required by the manufacturer for operation of the vehicle, or tool or 12
utility boxes; 13
(32) Food donated by a retail food establishment or any other entity regulated under 14
KRS 217.127 to a nonprofit organization for distribution to the needy; 15
(33) Drugs and over-the counter drugs, as defined in KRS 139.472, that are purchased 16
by a person regularly engaged in the business of farming and used in the treatment 17
of cattle, sheep, goats, swine, poultry, ratite birds, llamas, alpacas, buffalo, aquatic 18
organisms, or cervids; 19
(34) (a) Building materials, fixtures, or supplies purchased by a construction 20
contractor if: 21
1. Fulfilled by a construction contract for a sewer or water project with: 22
a. A municipally owned water utility organized under KRS Chapter 23
96; 24
b. A water district or water commission formed or organized under 25
KRS Chapter 74; 26
c. A sanitation district established under KRS Chapter 220 or formed 27 UNOFFICIAL COPY 24 RS BR 2421
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pursuant to KRS Chapter 65; 1
d. A nonprofit corporation created under KRS 58.180 to act on behalf 2
of a governmental agency in the acquisition and financing of 3
public projects; 4
e. Regional wastewater commissions formed under KRS Chapter 5
278; 6
f. A municipally owned joint sewer agency formed under KRS 7
Chapter 76; or 8
g. Any other governmental agency; and 9
2. The building materials, fixtures, or supplies: 10
a. Will be permanently incorporated into a structure or improvement 11
to real property, or will be completely consumed, in fulfilling a 12
construction contract for the purpose of furnishing water or sewer 13
services to the general public; and 14
b. Would be exempt if purchased directly by the entities listed in 15
subparagraph 1. of this paragraph. 16
(b) As used in this subsection, "construction contract" means a: 17
1. Lump sum contract; 18
2. Cost plus contract; 19
3. Materials only contract; 20
4. Labor and materials contract; or 21
5. Any other type of contract. 22
(c) The exemption provided in this subsection shall apply without regard to the 23
payment arrangement between the construction contractor, the retailer, and 24
the entities listed in paragraph (a)1. of this subsection or to the place of 25
delivery for the building materials, fixtures, or supplies; 26
(35) (a) On or after February 25, 2022, the rental of space for meetings, conventions, 27 UNOFFICIAL COPY 24 RS BR 2421
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short-term business uses, entertainment events, weddings, banquets, parties, 1
and other short-term social events, as referenced in KRS 139.200, if the tax 2
established in KRS 139.200 is paid by the primary lessee to the lessor. 3
(b) For the purpose of this subsection, "primary lessee" means the person who 4
leases the space and who has a contract with the lessor of the space only if: 5
1. The contract between the lessor and the lessee specifies that the lessee 6
may sublease, subrent, or otherwise sell the space; and 7
2. The space is then sublet, subrented, or otherwise sold to exhibitors, 8
vendors, sponsors, or other entities and persons who will use the space 9
associated with the event to be conducted under the primary lease; 10
(36) Prewritten computer software access services sold to or purchased by a retailer that 11
develops prewritten computer software for print technology and uses and sells 12
prewritten computer software access services for print technology; and 13
(37) Medicinal cannabis as defined in KRS 218B.010 when sold, used, stored, or 14
consumed in accordance with KRS Chapter 218B. 15
Section 12. KRS 218A.1421 (Effective January 1, 2025) is repealed and 16
reenacted to read as follows: 17
(1) A person is guilty of trafficking in marijuana when he or she knowingly and 18
unlawfully traffics in marijuana, and the trafficking is not in compliance with, or 19
otherwise authorized by, KRS Chapter 218B. 20
(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of 21
marijuana is: 22
(a) For a first offense a Class A misdemeanor. 23
(b) For a second or subsequent offense a Class D felony. 24
(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounces 25
but less than five (5) pounds of marijuana is: 26
(a) For a first offense a Class D felony. 27 UNOFFICIAL COPY 24 RS BR 2421
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(b) For a second or subsequent offense a Class C felony. 1
(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of 2
marijuana is: 3
(a) For a first offense a Class C felony. 4
(b) For a second or subsequent offense a Class B felony. 5
(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of 6
eight (8) or more ounces of marijuana shall be prima facie evidence that the person 7
possessed the marijuana with the intent to sell or transfer it. 8
(6) This section does not apply to: 9
(a) A cannabis business or a cannabis business agent, as defined in KRS 10
218B.010, when acting in compliance with KRS Chapter 218B; or 11
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis 12
is in compliance with KRS Chapter 218B. 13
Section 13. KRS 218A.1422 (Effective January 1, 2025) is repealed and 14
reenacted to read as follows: 15
(1) A person is guilty of possession of marijuana when he or she knowingly and 16
unlawfully possesses marijuana, and the possession is not in compliance with, or 17
otherwise authorized by, KRS Chapter 218B. 18
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 19
to the contrary notwithstanding, the maximum term of incarceration shall be no 20
greater than forty-five (45) days. 21
(3) This section does not apply to: 22
(a) A cannabis business or a cannabis business agent, as defined in KRS 23
218B.010, when acting in compliance with KRS Chapter 218B; or 24
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis 25
is in compliance with KRS Chapter 218B. 26
Section 14. KRS 218A.1423 (Effective January 1, 2025) is repealed and 27 UNOFFICIAL COPY 24 RS BR 2421
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reenacted to read as follows: 1
(1) A person is guilty of marijuana cultivation when he or she knowingly and 2
unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer 3
it, and the cultivation is not in compliance with, or otherwise authorized by, KRS 4
Chapter 218B. 5
(2) Unless authorized by KRS Chapter 218B, marijuana cultivation of five (5) or more 6
plants of marijuana is: 7
(a) For a first offense a Class D felony. 8
(b) For a second or subsequent offense a Class C felony. 9
(3) Unless authorized by KRS Chapter 218B, marijuana cultivation of fewer than five 10
(5) plants is: 11
(a) For a first offense a Class A misdemeanor. 12
(b) For a second or subsequent offense a Class D felony. 13
(4) Unless authorized by KRS Chapter 218B, the planting, cultivating, or harvesting of 14
five (5) or more marijuana plants shall be prima facie evidence that the marijuana 15
plants were planted, cultivated, or harvested for the purpose of sale or transfer. 16
(5) This section does not apply to a cannabis business or a cannabis business agent, as 17
defined in KRS 218B.010, when acting in compliance with KRS Chapter 218B. 18
Section 15. KRS 218B.015 (Effective January 1, 2025) is repealed and 19
reenacted to read as follows: 20
(1) Nothing in this chapter shall be construed as applying to industrial hemp or 21
industrial hemp products as defined in KRS 260.850. 22
(2) Notwithstanding any provision of law to the contrary, and except as provided in 23
subsections (3) and (4) of this section and KRS 218B.035: 24
(a) The use of medicinal cannabis by a cardholder shall be considered lawful if 25
done in accordance with this chapter and any administrative regulations 26
promulgated thereunder; 27 UNOFFICIAL COPY 24 RS BR 2421
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(b) The acquisition, blending, cultivation, delivery, distribution, manufacturing, 1
manipulation, packaging for sale, preparation, possession, sale, testing, 2
transportation, or transfer of medicinal cannabis or medicinal cannabis 3
accessories by a cannabis business or cannabis business agent shall be 4
considered lawful if done in accordance with this chapter and any 5
administrative regulations promulgated thereunder; 6
(c) A registered qualified patient or visiting qualified patient shall not be 7
considered to be under the influence of medicinal cannabis solely because of 8
the presence of tetrahydrocannabinol metabolites, including but not limited to 9
the cannabinoid carboxy THC, which is also known as THC-COOH; 10
(d) A medicinal cannabis practitioner shall not be subject, under the laws of the 11
Commonwealth, to arrest, prosecution, or penalty in any manner, or denied 12
any right or privilege, including but not limited to a civil penalty or 13
disciplinary action by a state licensing board or by any other occupational or 14
professional licensing board, solely for providing written certifications or for 15
otherwise stating that, in the medicinal cannabis practitioner's professional 16
opinion, a patient may receive medical, therapeutic, or palliative benefit from 17
the use of medicinal cannabis, if done in accordance with this chapter; 18
(e) An attorney shall not be subject, under the laws of the Commonwealth, to 19
arrest, prosecution, or penalty in any manner, or denied any right or privilege, 20
including but not limited to a civil penalty or disciplinary action by the 21
Kentucky Court of Justice, Kentucky Bar Association, or by any other 22
professional licensing board, solely for providing an individual or cannabis 23
business with legal assistance related to activity that is no longer subject to 24
criminal penalties under state law pursuant to this chapter; and 25
(f) No person shall be subject, under the laws of the Commonwealth, to arrest, 26
prosecution, or penalty in any manner, or denied any right or privilege, 27 UNOFFICIAL COPY 24 RS BR 2421
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including but not limited to a civil penalty or disciplinary action by an 1
occupational or professional licensing board, solely for providing assistance 2
or services, including but not limited to accounting services, financial 3
services, security services, or business consulting services, to any individual 4
or cannabis business related to activity that is no longer subject to criminal 5
penalties under state law pursuant to this chapter. 6
(3) Nothing in subsection (2) of this section shall be construed or interpreted to: 7
(a) Prohibit the arrest, prosecution, or imposition of any other penalty arising 8
from but not limited to breach of contract, breach of fiduciary duty, 9
negligence, or engaging in criminal activity that would constitute a felony or 10
misdemeanor; or 11
(b) Prevent a medicinal cannabis practitioner from being subject to administrative 12
penalties imposed by his or her state licensing board for any violation of this 13
chapter or any administrative regulation promulgated thereunder. 14
(4) Notwithstanding subsection (2) of this section and any other provision of law to the 15
contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314 16
may be subject to intervention or disciplinary action by his or her state licensing 17
board if: 18
(a) There is probable cause to believe that the cardholder has become impaired 19
by, or otherwise abused, medicinal cannabis; or 20
(b) The cardholder has a medically diagnosable disease that is characterized by 21
chronic, habitual, or periodic use of medicinal cannabis resulting in 22
interference with the cardholder's professional, social, or economic functions 23
in the community or the loss of powers of self-control regarding the use of 24
medicinal cannabis. 25
Section 16. KRS 218B.030 (Effective January 1, 2025) is repealed and 26
reenacted to read as follows: 27 UNOFFICIAL COPY 24 RS BR 2421
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(1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or 1
interest in lawful property that is possessed, owned, or used in connection 2
with the use of medicinal cannabis or acts incidental to that use shall not be 3
subject to seizure or forfeiture under KRS 218A.405 to 218A.460. 4
(b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding 5
the amounts allowed under KRS 218B.025 or administrative regulations 6
promulgated pursuant to KRS 218B.140(1)(c)6., nor shall it prevent seizure or 7
forfeiture if the basis for that action is unrelated to the use of medicinal 8
cannabis in accordance with this chapter and any administrative regulation 9
promulgated thereunder. 10
(2) Possession of, or application for, a registry identification card, an out-of-state 11
registry identification card, or cannabis business license shall not constitute 12
probable cause or reasonable suspicion, nor shall it be used to support the search of 13
the person, property, or home of the person possessing or applying for the registry 14
identification card, out-of-state registry identification card, or cannabis business 15
license. The possession of, or application for, a registry identification card, out-of-16
state registry identification card, or cannabis business license shall not preclude the 17
existence of probable cause if probable cause exists on other grounds. 18
(3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the 19
lawful use of medicinal cannabis, or in the case of a designated caregiver, 20
assisting with the lawful use of medicinal cannabis, if the cardholder: 21
1. Possesses a valid registry identification card or, in the case of a visiting 22
qualified patient, an out-of-state registry identification card and 23
documentation of having been diagnosed with a qualifying medical 24
condition; and 25
2. Possesses an amount of medicinal cannabis that does not exceed the 26
amount allowed under KRS 218B.025 or administrative regulations 27 UNOFFICIAL COPY 24 RS BR 2421
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promulgated pursuant to KRS 218B.140(1)(c)6. 1
(b) This presumption may be rebutted by a preponderance of evidence that 2
conduct was unrelated to the use of medicinal cannabis or was otherwise in 3
violation of this chapter. 4
Section 17. KRS 218B.035 (Effective January 1, 2025) is repealed and 5
reenacted to read as follows: 6
(1) This chapter does not authorize any person to engage in, and shall not prevent the 7
imposition of any civil, criminal, or other penalties, including but not limited to 8
criminal prosecution or disciplinary action by the cabinet or an occupational or 9
professional licensing board, for engaging in the following conduct: 10
(a) Operating, navigating, or being in actual physical control of any aircraft, 11
vehicle, vessel, or any other device known, or hereafter invented, that is 12
powered by machinery and that is or may be used to transport persons or 13
property while under the influence of medicinal cannabis; 14
(b) Consuming medicinal cannabis while operating, navigating, or being in actual 15
physical control of an aircraft, vehicle, vessel, or any other device known, or 16
hereafter invented, that is powered by machinery and that is or may be used to 17
transport persons or property; 18
(c) Possessing medicinal cannabis that is within the operator's arm's reach or 19
requires less than a two (2) step process to access while operating, navigating, 20
or being in actual physical control of an aircraft, vehicle, vessel, or any other 21
device known, or hereafter invented, that is powered by machinery and that is 22
or may be used to transport persons or property; 23
(d) Undertaking any task under the influence of medicinal cannabis, when doing 24
so would constitute negligence or professional malpractice; 25
(e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal 26
cannabis: 27 UNOFFICIAL COPY 24 RS BR 2421
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1. On the grounds of any preschool or primary or secondary school, except 1
as permitted in accordance with policies enacted pursuant to KRS 2
218B.045(4); 3
2. In any correctional facility; or 4
3. On any property of the federal government; 5
(f) Using marijuana, if that person is not a registered qualified patient or visiting 6
qualified patient; 7
(g) Using or consuming marijuana by smoking; or 8
(h) Cultivating marijuana unless that person is licensed by the cabinet as a 9
cannabis cultivator or cannabis producer pursuant to KRS 218B.080, 10
218B.085, and 218B.090 or is a cultivator or producer agent. 11
(2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the 12
same as those established for operating a motor vehicle under the influence of 13
alcohol or any other substance in KRS 189A.010. 14
(3) (a) An individual who violates subsection (1)(g) of this section shall not be 15
considered to be in possession of medicinal cannabis or engaged in the use of 16
medicinal cannabis and shall not benefit from the legal protections afforded 17
by this chapter. 18
(b) The odor or smell of uncombusted raw plant material shall not constitute 19
evidence of use or consumption of cannabis by smoking. 20
(c) If an individual uses or consumes marijuana by smoking while on any form of 21
public transportation, in any public place as defined in KRS 525.010, or in 22
any place of public accommodation, resort, or amusement as defined in KRS 23
344.130: 24
1. The cabinet may revoke the individual's registry identification card; and 25
2. The individual may be subject to prosecution under KRS 218A.1421 26
and 218A.1422. 27 UNOFFICIAL COPY 24 RS BR 2421
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(4) Nothing in this chapter supersedes statutory laws relating to driving while under the 1
influence of intoxicants. This chapter shall not prevent the enforcement of current 2
laws pertaining to driving while intoxicated, including KRS 183.061, 189.520, 3
189A.010, and 235.240. 4
(5) As used in this section: 5
(a) "Aircraft" has the same meaning as in KRS 183.011; 6
(b) "Vehicle" has the same meaning as in KRS 189.010; and 7
(c) "Vessel" has the same meaning as in KRS 235.010. 8
Section 18. KRS 218B.090 (Effective January 1, 2025) is repealed and 9
reenacted to read as follows: 10
(1) The cabinet shall: 11
(a) Acknowledge receipt of an application for a cannabis business license within 12
fifteen (15) days of receipt; and 13
(b) Provide notification to the cannabis business license applicant as to whether 14
the application for a cannabis business license has been approved or denied 15
within forty-five (45) days of receiving a completed application. 16
(2) The cabinet may deny an application for a cannabis business license for any reason 17
that the cabinet, in the exercise of sound discretion, deems sufficient, including but 18
not limited to: 19
(a) The applicant failed to submit the materials required by KRS 218B.085, 20
including if the applicant's plans do not satisfy the security, oversight, or 21
recordkeeping administrative regulations promulgated by the cabinet; 22
(b) The applicant falsifies information on the licensure application; 23
(c) The applicant would not be in compliance with local cannabis business 24
prohibitions enacted pursuant to KRS 218B.130; 25
(d) One (1) or more of the prospective principal officers or board members: 26
1. Has been convicted of a disqualifying felony offense, the provisions of 27 UNOFFICIAL COPY 24 RS BR 2421
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KRS 335B.020 and 335B.030 notwithstanding; 1
2. Has served as a principal officer or board member for a cannabis 2
business that has had its license revoked; 3
3. Is younger than twenty-one (21) years of age; or 4
4. Is a medicinal cannabis practitioner; or 5
(e) 1. For a safety compliance facility, one (1) or more of the prospective 6
principal officers or board members is a principal officer or board 7
member of a cultivator, processor, producer, or dispensary licensed to 8
operate in Kentucky. 9
2. For a cultivator, processor, producer, or dispensary, one (1) or more of 10
the prospective principal officers or board members is a principal officer 11
or board member of a safety compliance facility licensed to operate in 12
Kentucky. 13
(3) If a cannabis business license application is approved: 14
(a) The cannabis business shall, before it begins operations, submit its complete 15
physical address and the global positioning system coordinates for any 16
cultivation activities if a physical address or the global positioning system 17
coordinates for any cultivation activities had not been finalized when it 18
applied; and 19
(b) The cabinet shall: 20
1. Issue a copy of the license that includes the business's identification 21
number to the approved cannabis business; 22
2. Provide a licensed dispensary with contact and access information for 23
the electronic monitoring system established pursuant to KRS 24
218A.202; and 25
3. Provide notice of licensure approval and issuance to the city and county 26
in which the cannabis business intends to operate. 27 UNOFFICIAL COPY 24 RS BR 2421
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(4) If a cannabis business license application is denied, the cabinet shall notify the 1
applicant in writing of a license denial and reasons by registered or certified mail at 2
the address given in the application or supplement. The applicant may, within thirty 3
(30) days after the mailing of the cabinet's notice, file a written request for an 4
administrative hearing on the application. The hearing shall be conducted on the 5
application in compliance with the requirements of KRS Chapter 13B. Final orders 6
of the cabinet after administrative hearings shall be subject to judicial review as 7
provided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in 8
the Circuit Court of the county in which the applicant's business would be located. 9
Section 19. KRS 218B.095 (Effective January 1, 2025) is repealed and 10
reenacted to read as follows: 11
(1) A cannabis business licensed under this chapter shall: 12
(a) Comply with this chapter and any administrative regulations promulgated 13
thereunder by the cabinet; 14
(b) Conduct a criminal background check into the criminal history of each person 15
seeking to become a principal officer, board member, agent, volunteer, or 16
employee before that person begins work. A cannabis business shall not 17
employ, accept as a volunteer, or have as a board member, principal officer, 18
or agent any person who: 19
1. Was convicted of a disqualifying felony offense; or 20
2. Is younger than twenty-one (21) years of age; 21
(c) Implement appropriate security measures to deter and prevent the theft of 22
medicinal cannabis and unauthorized entrance into areas containing medicinal 23
cannabis; 24
(d) Demonstrate sufficient capital such that it can establish its business and meet 25
the needs for its type of cannabis business; 26
(e) Display its license on the premises at all times; and 27 UNOFFICIAL COPY 24 RS BR 2421
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(f) Only acquire, possess, cultivate, manufacture, deliver, transfer, transport, 1
supply, or dispense medicinal cannabis: 2
1. For the purposes of distributing medicinal cannabis to cardholders who 3
possess a valid registry identification card issued by the cabinet, or for 4
visiting qualified patients, a valid out-of-state registry identification card 5
and documentation of having been diagnosed with a qualifying medical 6
condition; and 7
2. From a cannabis business licensed under this chapter. 8
(2) A cannabis business licensed under this chapter shall not: 9
(a) Be located within one thousand (1,000) feet of an existing elementary or 10
secondary school or a daycare center; 11
(b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, transport, 12
supply, dispense, or sell: 13
1. Raw plant material with a delta-9 tetrahydrocannabinol content of more 14
than thirty-five percent (35%); 15
2. Medicinal cannabis products intended for oral consumption as an edible, 16
oil, or tincture with more than ten (10) milligrams of delta-9 17
tetrahydrocannabinol per serving; 18
3. Any medicinal cannabis product not described in subparagraph 1. or 2. 19
of this paragraph with a delta-9 tetrahydrocannabinol content of more 20
than seventy percent (70%); or 21
4. Any medicinal cannabis product that contains vitamin E acetate; 22
(c) Permit a person under eighteen (18) years of age to enter or remain on the 23
premises of a cannabis business; 24
(d) Permit a person who is not a cardholder to enter or remain on the premises of 25
a cannabis business, except in accordance with subsection (6) of this section; 26
(e) Employ, have as a board member, or be owned by, in part or in whole, a 27 UNOFFICIAL COPY 24 RS BR 2421
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medicinal cannabis practitioner; or 1
(f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in-2
person solicitation of customers, or by any other advertising device as defined 3
in KRS 177.830, except that this paragraph shall not prevent appropriate signs 4
on the property of a licensed cannabis business, listings in business directories 5
including phone books, listings in trade or medical publications, or 6
sponsorship of health or not-for-profit charity or advocacy events. 7
(3) The operating documents of a cannabis business shall include procedures for its 8
oversight and procedures to ensure accurate recordkeeping and inventory control. 9
(4) When transporting medicinal cannabis on behalf of a cannabis business that is 10
permitted to transport it, a cannabis business agent shall have: 11
(a) A copy of the cannabis business license for the business that employs the 12
agent; 13
(b) Documentation that specifies the amount of medicinal cannabis being 14
transported and the date on which it is being transported; and 15
(c) The cannabis business license number and telephone number of any other 16
cannabis business receiving or otherwise involved in the transportation of the 17
medicinal cannabis. 18
(5) The cultivation of medicinal cannabis for cannabis businesses licensed in this state 19
shall only be done by cultivators and producers licensed under this chapter and shall 20
only take place in an enclosed, locked facility which can only be accessed by 21
cultivator agents working on behalf of the cultivator or producer at the physical 22
address or global positioning system coordinates provided to the cabinet during the 23
license application process. 24
(6) A person who is at least eighteen (18) years of age but not a cardholder may be 25
allowed to enter and remain on the premises of a cannabis business if: 26
(a) The person is present at the cannabis business to perform contract work, 27 UNOFFICIAL COPY 24 RS BR 2421
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including but not limited to electrical, plumbing, or security maintenance, that 1
does not involve handling medicinal cannabis; or 2
(b) The person is a government employee and is at the cannabis business in the 3
course of his or her official duties. 4
Section 20. KRS 218B.100 (Effective January 1, 2025) is repealed, reenacted, 5
and amended to read as follows: 6
(1) (a) Cannabis businesses shall be subject to reasonable inspection and 7
investigation by the cabinet pursuant to this subsection and the cabinet's 8
procedures or administrative regulations. 9
(b) The cabinet may inspect any licensed cannabis business premises without 10
having to first obtain a search warrant. 11
(c) The executive director of the Office of Medical Cannabis, or the executive 12
director's authorized representatives, shall have the authority to: 13
1. Enter any cannabis business without delay or advance notice during 14
regular working hours and at other reasonable times to: 15
a. Inspect the premises; 16
b. Privately question any owner, operator, agent, or employee of the 17
cannabis business or an employee's representative; and 18
c. Investigate conditions, facts, materials, practices, or other 19
matters deemed appropriate by the cabinet; 20
to determine if the cannabis business is operating in compliance with 21
this chapter and any administrative regulations promulgated 22
thereunder; 23
2. Apply to the Circuit Court in the county in which the cannabis 24
business is located for an order to enforce the right of entry if the 25
cannabis business refuses entry as permitted in this subsection; 26
3. Following the completion of an inspection or investigation, confiscate, 27 UNOFFICIAL COPY 24 RS BR 2421
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possess, transport, and destroy any medicinal cannabis deemed by the 1
executive director, or the executive director's authorized 2
representatives, to be noncompliant with the cultivation, processing, 3
producing, transporting, safety compliance, or dispensary sale 4
standards established in this chapter or any administrative regulation 5
promulgated thereunder; 6
4. Administer oaths, examine witnesses under oath, take depositions, 7
certify official acts, review records and accounts, take photographs, 8
and secure any other evidence deemed necessary to evaluate 9
compliance with this chapter and any administrative regulations 10
promulgated thereunder; and 11
5. Issue subpoenas to compel the: 12
a. Attendance of witnesses and parties; and 13
b. Production of books, accounts, correspondence, memoranda, 14
and other materials or records considered necessary and relevant 15
to a matter under investigation by the cabinet. 16
(d) If a witness or party fails to comply with a subpoena issued by the executive 17
director or the executive director's authorized representatives, the executive 18
director or the executive director's authorized representatives may petition 19
the Circuit Court of the county in which the witness or party is located to 20
compel compliance with the subpoena. Failure of a witness or party to 21
comply with an order of the court issued pursuant to this paragraph shall 22
constitute a basis for a finding of contempt by the court under KRS 432.230. 23
In any proceeding brought before a Circuit Court under this paragraph, the 24
court may modify or set aside the subpoena. 25
(2) The cabinet may, on its own motion or on complaint and[,] after investigation, [and 26
opportunity for a public hearing at which the cannabis business has been afforded 27 UNOFFICIAL COPY 24 RS BR 2421
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an opportunity to appear and be heard pursuant to KRS Chapter 13B, ]suspend or 1
revoke a cannabis business license for multiple violations or a serious violation of 2
this chapter or any administrative regulations promulgated thereunder by the 3
licensee or any of its agents. A suspension shall not be for a period of time longer 4
than six (6) months. 5
(3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, as 6
well as the required notice of the hearing, by mailing, via certified mail, the same in 7
writing to the cannabis business at the address on the license. The cannabis business 8
may, within thirty (30) days after the date of the mailing of the cabinet's notice, file 9
a written request for an administrative hearing regarding the suspension, revocation, 10
fine, or other penalty. The hearing shall be conducted in compliance with the 11
requirements of KRS Chapter 13B. 12
(4) Final orders of the cabinet after administrative hearings shall be subject to judicial 13
review. Jurisdiction and venue for judicial review are vested in the Circuit Court of 14
the county in which the cannabis business is physically located. 15
(5) A cultivator may continue to cultivate and possess cannabis plants during a 16
suspension, but it shall not transfer or sell medicinal cannabis during a suspension. 17
(6) A dispensary may continue to possess its existing medicinal cannabis inventory 18
during a suspension, but it shall not acquire additional medicinal cannabis, or 19
dispense, transfer, or sell medicinal cannabis during a suspension. 20
(7) A processor may continue to process and possess its existing medicinal cannabis 21
inventory during a suspension, but it shall not acquire additional medicinal 22
cannabis, or dispense, transfer, or sell medicinal cannabis products during a 23
suspension. 24
(8) A producer may continue to cultivate, process, and possess cannabis plants and its 25
existing medicinal cannabis inventory during a suspension, but it shall not acquire 26
additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis 27 UNOFFICIAL COPY 24 RS BR 2421
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during a suspension. 1
(9) A safety compliance facility may continue to possess medicinal cannabis during a 2
suspension, but it shall not receive any new medicinal cannabis, test or otherwise 3
analyze medicinal cannabis, or transfer or transport medicinal cannabis during a 4
suspension. 5
Section 21. KRS 218B.105 (Effective January 1, 2025) is repealed and 6
reenacted to read as follows: 7
(1) A cultivator or cultivator agent acting on behalf of a cultivator shall not be subject 8
to prosecution under state or local law, to search or inspection except by the cabinet 9
pursuant to KRS 218B.100, or to seizure or penalty in any manner, or be denied any 10
right or privilege, including but not limited to civil penalty or disciplinary action by 11
a court or business licensing board, for acting pursuant to this chapter and the 12
cabinet's administrative regulations for: 13
(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, or 14
storing cannabis seeds, seedlings, plants, or raw plant material; 15
(b) Delivering, transporting, transferring, supplying, or selling raw plant material 16
or related supplies to other licensed cannabis businesses in this state; or 17
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 18
cultivate cannabis in this state or in any other jurisdiction. 19
(2) Cultivators and cultivator agents acting on behalf of a cultivator shall: 20
(a) Only deliver raw plant material to a licensed processor, licensed producer, 21
licensed safety compliance facility, or licensed dispensary for fair market 22
value; 23
(b) Only deliver raw plant material to a licensed dispensary, processor, or 24
producer after it has been checked by a safety compliance facility agent for 25
cannabinoid contents and contaminants in accordance with administrative 26
regulations promulgated by the cabinet; 27 UNOFFICIAL COPY 24 RS BR 2421
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(c) Not supply a dispensary with more than the amount of raw plant material 1
reasonably required by a dispensary; and 2
(d) Not deliver, transfer, or sell raw plant material with a delta-9 3
tetrahydrocannabinol content of more than thirty-five percent (35%) to a 4
licensed dispensary, processor, or producer. 5
(3) (a) A Tier I cultivator shall not exceed an indoor growth area of two thousand 6
five hundred (2,500) square feet. 7
(b) A Tier II cultivator shall not exceed an indoor growth area of ten thousand 8
(10,000) square feet. 9
(c) A Tier III cultivator shall not exceed an indoor growth area of twenty-five 10
thousand (25,000) square feet. 11
(d) A Tier IV cultivator shall not exceed an indoor growth area of fifty thousand 12
(50,000) square feet. 13
Section 22. KRS 218B.110 (Effective January 1, 2025) is repealed and 14
reenacted to read as follows: 15
(1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be 16
subject to prosecution under state or local law, to search or inspection except by the 17
cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be 18
denied any right or privilege, including but not limited to a civil penalty or 19
disciplinary action by a court or business licensing board, for acting pursuant to this 20
chapter and the cabinet's administrative regulations for: 21
(a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or 22
producer in this state; 23
(b) Acquiring or possessing medicinal cannabis accessories or educational 24
material; 25
(c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis, 26
medicinal cannabis accessories, and educational material to cardholders or 27 UNOFFICIAL COPY 24 RS BR 2421
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other dispensaries; 1
(d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis 2
in this state or in any other jurisdiction; or 3
(e) Acquiring, accepting, or receiving medicinal cannabis products from a 4
cardholder, except that a dispensary may not offer anything of monetary value 5
in return for medicinal cannabis received from a cardholder. Any medicinal 6
cannabis received by a dispensary under this paragraph or pursuant to KRS 7
218B.070 shall be destroyed by the dispensary or its agents and shall not be 8
sold, dispensed, or distributed to another cardholder. 9
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall: 10
(a) Maintain records that include specific notations of the amount of medicinal 11
cannabis being dispensed to a cardholder and whether it was dispensed 12
directly to a registered qualified patient or visiting qualified patient, or to a 13
registered qualified patient's designated caregiver. Each entry shall include the 14
date and time the medicinal cannabis was dispensed. The data required to be 15
recorded by this paragraph shall be entered into the electronic monitoring 16
system established pursuant to KRS 218A.202 in accordance with 17
administrative regulations promulgated by the cabinet for the recording of 18
medicinal cannabis dispensing; 19
(b) Only dispense or sell medicinal cannabis after it has been checked by a safety 20
compliance facility agent for cannabinoid contents and contaminants in 21
accordance with administrative regulations promulgated by the cabinet; 22
(c) Only dispense or sell medicinal cannabis to a registered qualified patient, 23
visiting qualified patient, or designated caregiver after making a diligent effort 24
to verify: 25
1. That the registry identification card or, for visiting qualified patients, the 26
out-of-state registry identification card presented to the dispensary is 27 UNOFFICIAL COPY 24 RS BR 2421
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valid, including by checking the verification system, if it is operational, 1
or other cabinet-designated databases; 2
2. That the person presenting the registry identification card or, for visiting 3
qualified patients, the out-of-state registry identification card is at least 4
eighteen (18) years of age and is the person identified on the registry 5
identification card by examining at least one (1) other form of 6
government-issued photo identification; and 7
3. The amount of medicinal cannabis the person is legally permitted to 8
purchase pursuant to KRS 218B.025 by checking the electronic 9
monitoring system established pursuant to KRS 218A.202; 10
(d) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport: 11
1. Raw plant material with a delta-9 tetrahydrocannabinol content of more 12
than thirty-five percent (35%); 13
2. Medicinal cannabis products intended for oral consumption as an edible, 14
oil, or tincture with more than ten (10) milligrams of delta-9 15
tetrahydrocannabinol per serving; 16
3. Any medicinal cannabis product not described in subparagraph 1. or 2. 17
of this paragraph with a delta-9 tetrahydrocannabinol content of more 18
than seventy percent (70%); or 19
4. Any medicinal cannabis product that contains vitamin E acetate; 20
(e) Not acquire medicinal cannabis from any person other than a cannabis 21
business licensed under this chapter, or an agent thereof, a registered qualified 22
patient, or a designated caregiver; 23
(f) Not sell or dispense medicinal cannabis products intended for consumption by 24
vaporizing to a cardholder who is younger than twenty-one (21) years of age 25
or to a designated caregiver for a registered qualified patient who is younger 26
than twenty-one (21) years of age; 27 UNOFFICIAL COPY 24 RS BR 2421
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(g) Not dispense or sell medicinal cannabis to a minor; 1
(h) Not dispense or sell more medicinal cannabis to a cardholder than he or she is 2
legally permitted to purchase at the time of the transaction; and 3
(i) Not rent office space to a medicinal cannabis practitioner. 4
(3) (a) A dispensary may operate a delivery service for cardholders and may deliver 5
medicinal cannabis, medicinal cannabis accessories, and educational material 6
to cardholders at the address identified on the cardholder's registry 7
identification. 8
(b) All delivery services operated or offered by a dispensary shall comply with 9
administrative regulations promulgated by the cabinet pursuant to this section 10
and KRS 218B.140. 11
(4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), 12
(f), or (g) of this section, the dispensary and dispensary agent are liable in a civil 13
action for compensatory and punitive damages and reasonable attorney's fees to any 14
person or the representative of the estate of any person who sustains injury, death, 15
or loss to person or property as a result of the failure to comply with subsection 16
(2)(c), (d), (e), (f), or (g) of this section. In any action under this subsection, the 17
court may also award any injunctive or equitable relief that the court considers 18
appropriate. 19
Section 23. KRS 218B.115 (Effective January 1, 2025) is repealed and 20
reenacted to read as follows: 21
(1) A processor or processor agent acting on behalf of a processor shall not be subject 22
to prosecution under state or local law, to search or inspection except by the cabinet 23
pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any 24
right or privilege, including but not limited to civil penalty or disciplinary action by 25
a court or business licensing board, for acting pursuant to this chapter and the 26
cabinet's administrative regulations for: 27 UNOFFICIAL COPY 24 RS BR 2421
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(a) Acquiring or purchasing raw plant material from a cultivator, processor, or 1
producer in this state; 2
(b) Possessing, processing, preparing, manufacturing, manipulating, blending, 3
preparing, or packaging medicinal cannabis; 4
(c) Transferring, transporting, supplying, or selling medicinal cannabis and 5
related supplies to other cannabis businesses in this state; or 6
(d) Selling cannabis seeds or seedlings to similar entities that are licensed to 7
cultivate cannabis in this state or in any other jurisdiction. 8
(2) A processor licensed under this section shall not possess, process, produce, or 9
manufacture: 10
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than 11
thirty-five percent (35%); 12
(b) Medicinal cannabis products intended for oral consumption as an edible, oil, 13
or tincture with more than ten (10) milligrams of delta-9 tetrahydrocannabinol 14
per serving; 15
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this 16
subsection with a delta-9 tetrahydrocannabinol content of more than seventy 17
percent (70%); or 18
(d) Any medicinal cannabis product that contains vitamin E acetate. 19
Section 24. KRS 218B.120 (Effective January 1, 2025) is repealed and 20
reenacted to read as follows: 21
(1) A producer or producer agent acting on behalf of a producer shall not be subject to 22
prosecution under state or local law, to search or inspection except by the cabinet 23
pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any 24
right or privilege, including but not limited to civil penalty or disciplinary action by 25
a court or business licensing board, for acting pursuant to this chapter and the 26
cabinet's administrative regulations for: 27 UNOFFICIAL COPY 24 RS BR 2421
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(a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, or 1
storing cannabis seeds, seedlings, plants, or raw plant material; 2
(b) Delivering, transporting, transferring, supplying, or selling raw plant material, 3
medicinal cannabis products, or related supplies to other licensed cannabis 4
businesses in this state; 5
(c) Selling cannabis seeds or seedlings to similar entities that are licensed to 6
cultivate cannabis in this state or in any other jurisdiction; 7
(d) Acquiring or purchasing raw plant material from a cultivator in this state; or 8
(e) Possessing, processing, preparing, manufacturing, manipulating, blending, 9
preparing, or packaging medicinal cannabis. 10
(2) Producers and producer agents acting on behalf of a producer shall: 11
(a) Only deliver raw plant material to a licensed processor, licensed producer, 12
licensed safety compliance facility, or licensed dispensary for fair market 13
value; 14
(b) Only deliver raw plant material to a licensed dispensary, processor, or 15
producer after it has been checked by a safety compliance facility agent for 16
cannabinoid contents and contaminants in accordance with administrative 17
regulations promulgated by the cabinet; 18
(c) Not supply a dispensary with more than the amount of raw plant material 19
reasonably required by a dispensary; and 20
(d) Be limited to an indoor cannabis growth area of fifty thousand (50,000) 21
square feet. 22
(3) A producer licensed under this section shall not possess, process, produce, or 23
manufacture: 24
(a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than 25
thirty-five percent (35%); 26
(b) Medicinal cannabis products intended for oral consumption as an edible, oil, 27 UNOFFICIAL COPY 24 RS BR 2421
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or tincture with more than ten (10) milligrams of delta-9 tetrahydrocannabinol 1
per serving; 2
(c) Any medicinal cannabis product not described in paragraph (a) or (b) of this 3
subsection with a delta-9 tetrahydrocannabinol content of more than seventy 4
percent (70%); or 5
(d) Any medicinal cannabis product that contains vitamin E acetate. 6
Section 25. KRS 218B.125 (Effective January 1, 2025) is repealed and 7
reenacted to read as follows: 8
A safety compliance facility or safety compliance facility agent acting on behalf of a 9
safety compliance facility shall not be subject to prosecution, search except by the cabinet 10
pursuant to KRS 218B.100, seizure, or penalty in any manner, or be denied any right or 11
privilege, including but not limited to civil penalty or disciplinary action by a court or 12
business licensing board, for acting in accordance with this chapter and the cabinet's 13
administrative regulations to provide the following services: 14
(1) Acquiring or possessing medicinal cannabis obtained from cardholders or cannabis 15
businesses in this state; 16
(2) Returning the medicinal cannabis to cardholders or cannabis businesses in this 17
state; 18
(3) Transporting medicinal cannabis that was produced by cannabis businesses in this 19
state; 20
(4) The production or sale of approved educational materials related to the use of 21
medicinal cannabis; 22
(5) The production, sale, or transportation of equipment or materials other than 23
medicinal cannabis, including but not limited to lab equipment and packaging 24
materials that are used by cannabis businesses and cardholders, to cardholders or 25
cannabis businesses licensed under this chapter; 26
(6) Testing of medicinal cannabis produced in this state, including testing for 27 UNOFFICIAL COPY 24 RS BR 2421
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cannabinoid content, pesticides, mold, contamination, vitamin E acetate, and other 1
prohibited additives; 2
(7) Training cardholders and cannabis business agents. Training may include but need 3
not be limited to: 4
(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 5
distribution of medicinal cannabis; 6
(b) Security and inventory accountability procedures; and 7
(c) Up-to-date scientific and medical research findings related to use of medicinal 8
cannabis; 9
(8) Receiving compensation for actions allowed under this section; and 10
(9) Engaging in any noncannabis-related business activities that are not otherwise 11
prohibited or restricted by state law. 12
Section 26. KRS 218B.155 (Effective January 1, 2025) is repealed and 13
reenacted to read as follows: 14
The provisions of KRS 138.870 to 138.889 shall not apply to any individual or entity for: 15
(1) Any amount of medicinal cannabis that is necessary or reasonably necessary for use 16
of a license or registry identification card issued by the cabinet; or 17
(2) Any use of medicinal cannabis that complies with this chapter and any 18
administrative regulations promulgated thereunder. 19
Section 27. It is intent of the General Assembly in repealing and reenacting 20
Sections 11 to 26 of this Act to hasten the delayed effective date established for those 21
sections in 2023 Ky. Acts ch. 146, sec. 42, and Sections 11 to 26 of this Act, including 22
the amendments contained in Section 20, take effect on the effective date of this Act. 23
Section 28. Whereas medicinal cannabis businesses cannot ensure an adequate 24
supply of medicinal cannabis in 2025 without becoming licensed and operational in 2024, 25
and the Cabinet for Health and Family Services cannot issue licenses to medicinal 26
cannabis businesses in 2024 under current law, an emergency is declared to exist, and this 27 UNOFFICIAL COPY 24 RS BR 2421
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Act takes effect upon its passage and approval by the Governor or upon its otherwise 1
becoming a law. 2