Bill Text: CA AB941 | 2023-2024 | Regular Session | Amended

California Assembly Bill 941

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances: psychedelic-assisted therapy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-05-01 - Referred to Com. on HEALTH. [AB941 Detail]

Download: California-2023-AB941-Amended.html

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 941

Introduced by Assembly Member Waldron

February 14, 2023

An act to ~~amend Section 11211 of~~ add Article 5 (commencing with Section 11260) to Chapter 5 of Division 10 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

AB 941, as amended, Waldron. Controlled substances: ~~emergency use.~~ psychedelic-assisted therapy for combat veterans.

Existing law, the California Uniform Controlled Substances Act, categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and use.
This bill, the End Veteran Suicide Act, would authorize a licensed professional clinical counselor to administer controlled substances to combat veterans, as specified. The bill would require the psychedelic-assisted therapy to take place over a minimum of 30 sessions and would require a therapy session to be a minimum of 12 hours in duration, which may occur overnight, as necessary. The bill would also require 2 or 3 licensed professional clinical counselors to be present per patient at a psychedelic-assisted therapy session.
Existing law, the California Uniform Controlled Substances Act, regulates the distribution and use of controlled substances, as defined. The act authorizes a hospital that does not employ a resident pharmacist to purchase controlled substances as specified to provide a supply of controlled substances necessary to handle emergency cases.
~~This bill would make technical, nonsubstantive changes to these provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Article 5 (commencing with Section 11260) is added to Chapter 5 of Division 10 of the Health and Safety Code, to read:

Article 5. End Veteran Suicide Act
11260.
This act shall be known, and may be cited, as the End Veteran Suicide Act.
11260.01.
(a) A licensed professional clinical counselor may administer controlled substances as part of psychedelic-assisted therapy to treat a combat veteran who has a traumatic brain injury or who is suffering from post-traumatic stress disorder or addiction.
(b) (1) The scope of the psychedelic-assisted therapy may vary based on the treatment required and the injury or disorder being treated.
(2) The psychedelic-assisted therapy shall satisfy all of the following requirements:
(A) The therapy shall take place over a minimum of 30 sessions, with the opportunity for additional sessions at the discretion of the licensed professional clinical counselor.
(B) There shall be at least two, but no more than three, licensed professional clinical counselors present for each patient at a psychedelic-assisted therapy session.
(C) A therapy session shall be a minimum of 12 hours in duration and may occur overnight, as necessary.
(c) For purposes of this article, the following terms have the following meanings:
(1) “Combat veteran” means a veteran of the Armed Forces of the United States who served in a combat role, which includes all special operations forces.
(2) “Controlled substance” includes any controlled substance the federal government may approve for use in the future, including, but not limited to, psilocybin, lysergic acid diethylamide (LSD), ketamine, 3,4-methylenedioxymethamphetamine (MDMA), and ibogaine.
(3) (A) “Licensed professional clinical counselor” has the same meaning as defined in Article 1 (commencing with Section 4999.10) of Chapter 16 of Division 2 of the Business and Professions Code.
(B) A licensed professional clinical counselor shall have a background in controlled substances in order to administer controlled substances under this article.
(C) For purposes of this act, a licensed professional clinical counselor does not include a marriage therapist or a family therapist.
(4) “Psychedelic-assisted therapy” includes the supervised, lawful medical use of a controlled substance for treatment, including, but not limited to, group counseling and community-based healing, under the care of, administration by, and treatment of a licensed professional clinical counselor in a clinical setting.

SECTION 1.Section 11211 of the Health and Safety Code is amended to read:
11211.
In order to provide a supply of controlled substances necessary to handle emergency cases, a hospital that does not employ a resident pharmacist and that is under the supervision of a licensed physician, may purchase controlled substances on federal order forms for that institution, under the name of the hospital. The supply shall be made available to a registered nurse for administration to patients in emergency cases, upon direction of a licensed physician.