Bill Text: CA SB803 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Heal Our Heroes Act.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Engrossed) 2024-06-25 - June 25 set for first hearing canceled at the request of author. [SB803 Detail]

Download: California-2023-SB803-Amended.html

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Amended  IN  Assembly  June 06, 2024

Amended  IN  Assembly  September 01, 2023

Amended  IN  Assembly  June 22, 2023

Amended  IN  Senate  May 18, 2023

Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 803

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Introduced by Senator Becker Senators Becker and Jones
(Principal coauthor: Assembly Member Waldron)

February 17, 2023

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An act to amend Section 19134 of the Government Code, relating to employment. An act to add and repeal Article 5 (commencing with Section 11300) of Chapter 5 of Division 10 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 803, as amended, Becker. Personal services contracts. Heal Our Heroes Act.

Existing law makes it a crime to possess, cultivate, and administer specified controlled substances, including psilocybin and psilocyn. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances.

This bill, the Heal Our Heroes Act, would establish the Psychedelic-Assisted Facilitation Pilot Program. The bill, as part of the pilot program, would authorize the public health officers of the City and County of San Francisco, the County of San Diego, and the County of Santa Cruz to approve entities to establish and operate up to 5 psychedelic-assisted facilitation centers per jurisdiction to administer psilocybin or psilocyn to patients meeting specified criteria, including being a veteran or first responder over 21 years of age who has passed a suitability screening, as defined. The bill would authorize the jurisdictions to issue up to 3 permits to cultivate, as specified. The bill would require the public health officers to consult with experts in psilocybin or psilocyn facilitation on program design, to issue facilitator permits only to specified health providers, and to report certain data and an evaluation of the program to the Legislature no later than January 1, 2027. The bill would exempt a person from, among other things, civil liability, professional discipline, or existing criminal sanctions, solely for good faith actions, conduct, or omissions in compliance with the pilot program. The bill would make related findings and declarations.

Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law permits state agencies to enter into personal services contracts if certain conditions are met. Existing law requires a state agency that enters into a personal services contract for certain types of workers to include provisions for employee wages and benefits to be valued at least 85% of the state employer cost of wages and benefits provided to state employees performing similar duties. Existing law requires the department to annually establish the state employer wage and benefits costs covered by these provisions. Existing law additionally requires that those benefit costs be established using rates based on single employee, employee plus one dependent, and employee plus 2 or more dependents, or based on a blended rate, subject to the determination of the department.

This bill would instead require those benefit costs to be established using rates based on single employee, employee plus one dependent, and employee plus 2 or more dependents, and on a blended rate, subject to the determination of the department. The bill would also require that the department use at least 85% of the top rate of pay for the corresponding civil service classification for state employees performing similar duties to establish wage costs.

Existing law additionally applies the above-described provisions to wages and benefits of employees of subcontractors providing the same types of services in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floorspace of the facility.

This bill would instead apply these provisions to services performed in state-leased facilities that are at least 50,000 square feet in area and more than one-half of the occupied office space is leased by the state, as specified.

This bill would make its provisions applicable upon appropriation by the Legislature in the annual Budget Act of 2024, and also make nonsubstantive changes to correct erroneous cross-references in those provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Every day, an average of 16.8 veterans commit suicide. The Legislature acknowledges that one veteran life lost to suicide is too many.

(b) The Legislature acknowledges the significant mental health challenges veterans and first responders face. These individuals are often exposed to traumatic experiences that can lead to conditions such as post-traumatic stress disorder (PTSD), depression, and anxiety.

(c) Emerging research suggests that psilocybin and psilocyn, when used in a controlled and facilitated setting, may offer significant benefits in treating mental health disorders, particularly those related to trauma and stress. The United States Food and Drug Administration has determined that preliminary clinical evidence indicates psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression and has granted a breakthrough therapy designation for a treatment that uses psilocybin as a therapy for treatment-resistant depression.

(d) The facilitated use of psilocybin and psilocyn should be available to veterans and first responders in a manner that ensures safety, efficacy, and ethical standards, including use only under the supervision of a trained facilitator.

(e) Establishing a pilot program allows for a controlled, research-based approach to evaluate the benefits and risks of facilitated use of psilocybin and psilocyn for veterans and first responders. The data collected will inform future decisions regarding broader implementation or modification of the program.

(f) Ensuring public health and safety is paramount. This program will include safety screening for participants and testing of psilocybin and psilocyn by certified laboratories.

(g) Additional data and research from this program will help lawmakers make more informed decisions about policies related to psychedelics in the future.

SEC. 2.

 Article 5 (commencing with Section 11300) is added to Chapter 5 of Division 10 of the Health and Safety Code, to read:

Article  5. Psychedelic-Assisted Facilitation Pilot Program

11300.

 This act shall be known and may be cited as the Heal our Heroes Act.

11301.

 (a) The Legislature hereby establishes the Psychedelic-Assisted Facilitation Pilot Program. Notwithstanding any other law, the public health officer of the City and County of San Francisco, the public health officer of the County of San Diego, and the public health officer of the County of Santa Cruz may create a program to approve entities within their jurisdictions to establish and operate psychedelic-assisted facilitation centers. The public health officer of the authorizing jurisdiction shall consult with experts in psilocybin or psilocyn facilitation on program design.

(b) Prior to approving an entity within its jurisdiction pursuant to subdivision (a), the public health officer of the authorizing jurisdiction shall provide local law enforcement officials, local public health officials, and the public with an opportunity to comment in a public meeting. The notice of the meeting to the public shall be sufficient to ensure adequate participation in the meeting by the public. The meeting shall be noticed in accordance with all state laws and local ordinances, and as local officials deem appropriate.

(c) (1) The public health officer of the authorizing jurisdiction shall collect all of the following information:

(A) The total number of participants.

(B) The demographic information of each participant.

(C) Reports on outcomes, including any serious adverse events.

(2) The public health officer of the authorizing jurisdiction shall report the data collected pursuant to this section to the Legislature no later than January 1, 2027. The report shall include an evaluation of the pilot program, including any recommendations for changes to the program.

(3) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(d) An authorizing jurisdiction shall issue a permit to a facilitator. The jurisdiction shall issue a permit pursuant to this subdivision only to licensed physicians and surgeons, clinical psychologists, licensed clinical social workers, nurse practitioners, physician assistants, licensed professional clinical counselors, and naturopathic doctors.

11302.

 (a) In order for an entity to be approved to operate a psychedelic-assisted facilitation center, the entity shall demonstrate that it will, at a minimum, do all of the following:

(1) Provide a hygienic space to consume the psychedelic under supervision of trained staff.

(2) Provide sterile consumption supplies and provide secure disposal services.

(3) Monitor participants and provide care as necessary.

(4) Provide access or referrals to substance use disorder treatment services, primary medical care, mental health services, and social services.

(5) Provide reasonable security of the center location.

(6) Establish operating procedures for the center, including, but not limited to, standard hours of operation, training standards for staff, a minimum number of personnel required to be onsite during those hours of operation, and the maximum number of individuals who can be served at one time.

(7) Establish a plan for staff and workplace safety.

(8) Establish an emergency response plan.

(b)  Notwithstanding other legal allowances, a psychedelic-assisted facilitation center shall administer only psilocybin or psilocyn that meets all the requirements of Section 11303. A psychedelic-assisted facilitation center shall not possess or administer any other psychedelic substance, unless otherwise authorized by law.

(c) A psychedelic-assisted facilitation center shall only administer a psychedelic to an individual who meets all of the following requirements:

(1) Has served in the military or as a first responder, including, but not limited to, a peace officer, firefighter, or emergency medical technician.

(2) Is 21 years of age or older.

(3) Has passed a suitability screening.

(d) Only a facilitator with a permit issued pursuant to Section 11301 may administer a psychedelic at a psychedelic-assisted facilitation center.

(e) Administration and use of a psychedelic outside of a facilitated session at a psychedelic-assisted facilitation center is prohibited.

(f) An authorizing jurisdiction shall have no more than five psychedelic-assisted facilitation centers.

11303.

 (a) Notwithstanding Section 11390, an individual with a permit issued pursuant to Section 11301 may cultivate a spore or mycellium or other material with the intent to cultivate psilocybin or psilocyn for the purpose of providing the psychedelic to a facilitator or a facilitation center for use pursuant to this article.

(b) Psilocybin or psilocyn shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that has been certified by the state that confirms both of the following:

(1) The product is of a batch of psilocybin or psilocyn that was tested by the independent testing laboratory.

(2) The tested sample of the batch did not contain contaminants that are unsafe for human or animal consumption.

(c) Each participating authorizing jurisdiction shall issue no more than three permits to cultivate.

11304.

 A person or entity, including, but not limited to, property owners, managers, employees, volunteers, clients or participants, and employees of the authorizing jurisdiction acting in the course and scope of employment, engaged, in good faith, in the activities of a psychedelic-assisted facilitation center authorized by this article, in accordance with established protocols and on the program site, shall not be subject to any of the following:

(a) Arrest, charge, or prosecution pursuant to subdivision (f) of Section 647 of the Penal Code, or Section 11366.5, 11377, 11378, 11379, 11390, or 11391, including for attempt, aiding and abetting, or conspiracy to commit a violation of any of those sections, for activity or conduct at the location of a psychedelic-assisted facilitation center.

(b) Civil or administrative penalty or liability or disciplinary action by a professional licensing board or for conduct relating to the approval of an entity to operate, inspection, licensing, or other regulation unless performed in a grossly negligent manner or in bad faith.

11305.

 As used in this article, the following terms have the following meanings:

(a) “Authorizing jurisdiction” means the public health officer of the City and County of San Francisco, the public health officer of the County of San Diego, or the public health officer of the County of Santa Cruz, or their deputies.

(b) “Psychedelic” means psilocybin or psilocyn as described in paragraphs (18) and (19) of subdivision (d) of Section 11054.

(c) “Suitability screening” means a screening for medical conditions, mental health conditions, family history, contraindications, pharmacological interactions, and any other information or data requested by a facilitator that shall be provided to every participant before an administration session. A suitability screening shall include a determination as to whether the individual is pregnant or breastfeeding. A pregnant or breastfeeding individual shall not pass a suitability screening.

11306.

 This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.

SECTION 1.Section 19134 of the Government Code is amended to read:

19134.

(a)Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guard services shall include provisions for employee wages and benefits that are valued at least 85 percent of the state employer cost of wages and benefits provided to state employees for performing similar duties.

(b)For purposes of this section, “benefits” includes “health, dental, retirement, and vision benefits, and holiday, sick, and vacation pay.”

(c)(1)The Department of Human Resources shall establish annually the state employer wage and benefit costs for workers covered pursuant to this section.

(2)Wage costs shall be established using at least 85 percent of the top rate of pay for the corresponding civil service classification for state employees performing similar duties. Benefit costs shall be established using rates based on single employee, employee plus one dependent, and employee plus two or more dependents, and on a blended rate, subject to the determination of the Department of Human Resources.

(d)In lieu of providing actual benefits, contractors may comply with this section by a cash payment to employees equal to the applicable determination under subdivision (c).

(e)Failure to provide benefits or cash in lieu to employees as required under this section shall be deemed to be a material breach for any contract for personal services covered by this section.

(f)The Department of General Services and the Department of Human Resources may adopt guidelines and regulations to implement the requirements of this section.

(g)This section applies to all contracts exceeding 90 days.

(h)Holiday pay shall be provided to employees of contractors providing services specified in subdivision (a) on any state holiday that the state facility in which the services are being provided is closed.

(i)This section also applies to wages and benefits of employees of subcontractors providing services specified in subdivision (a) in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases more than one-half of the occupied office space of the facility.

(j)With the exception of subdivision (h), this section does not apply to personal services contracts for the services described in subdivision (a) performed by employees of nonprofit organizations that are employed in accordance with any of the following:

(1)A special license issued pursuant to Section 1191.5 of the Labor Code.

(2)A special certificate issued pursuant to Section 214 of Title 29 of the United States Code.

(3)A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.

(4)A habilitation services program as described in Sections 4851 and 4861 of the Welfare and Institutions Code.

(k)The amendments to this section made by the act amending this section in the 2023–24 Regular Session shall apply upon appropriation by the Legislature in the annual Budget Act of 2024 for those purposes.