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THE SENATE |
S.B. NO. |
3019 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to mental health treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature understands that scientific evidence on the medicinal benefits of psilocybin should be recognized. The legislature further recognizes that the Federal Drug Administration has twice granted psilocybin breakthrough therapy designation in 2018 and 2019 for mental health treatments and will likely approve the medical use of psilocybin for treatment-resistant depression and other ailments in the next few years. Additionally, a number of states are already taking the initiative to license and regulate the use of psilocybin for medical and wellness purposes. Voter initiatives permitting the medical use of psilocybin have passed in Colorado and Oregon, and current complementary state initiatives are being considered in California, New York, Connecticut, Iowa, Missouri, Illinois, Kentucky, Nevada, Montana, Virginia, Massachusetts, Vermont, New Hampshire, Maine, Washington, and the District of Columbia. Bills to create task forces, committees, or working groups, along with bills to authorize research on psilocybin have been created in many more states.
Accordingly, the purpose of this Act is to ensure that people who struggle with trauma and treatment-resistant mental health ailments are not penalized by the State for the use of psilocybin for therapeutic purposes when the patient's licensed mental health professional provides a professional recommendation that the benefits of therapeutic use of psilocybin would likely outweigh the health risks for the qualifying patient.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
.
Therapeutic use of psilocybin
§329-A Definitions. As used in this part:
"Administration session" means a session during which a qualifying patient purchases, consumes, and experiences the effects of psilocybin under the supervision of a facilitator.
"Debilitating mental health condition" includes:
(1) Post-traumatic stress disorder;
(2) Treatment-resistant depression or major depressive disorder;
(3) End-of-life anxiety, existential stress, and demoralization;
(4) Anorexia, bulimia, and other eating disorders;
(5) Addiction;
(6) Obsessive compulsive disorder; and
(7) Any other mental health condition approved by the department of health pursuant to administrative rules adopted in response to a request from a potential qualifying patient or licensed mental health professional.
"Facilitator" means an individual who facilitates the administration of psilocybin to one or more qualifying patients in the State.
"Genuine therapeutic relationship" means a relationship between a licensed mental health professional and a qualifying patient in which the patient has been in communication with the licensed mental health professional for at least six months, during which time the qualifying patient attended at least twelve sessions with the mental health professional.
"Integration session" means a meeting between a qualifying patient and a facilitator in which the facilitator provides ongoing care to the qualifying patient and informs the qualifying patient about additional peer support and other resources.
"Licensed mental health professional" includes physicians licensed pursuant to chapter 453, psychiatrists, therapists, nurse practitioners, or social workers.
"Preparation session" means a meeting between a qualifying patient and a facilitator that occurs before the qualifying patient participates in an administration session.
"Psilocybin" includes psilocybin and psilocin.
"Qualifying patient" means a person who has been identified by a licensed mental health professional as having a debilitating mental health condition.
"Therapeutic use" means the acquisition, possession, cultivation, use, distribution, or transportation of psilocybin, psilocybin derivatives, or paraphernalia relating to the administration of psilocybin to alleviate the symptoms or effects of a qualifying patient's mental health condition. As used in this definition, the term "distribution" means the transfer of psilocybin, psilocybin derivatives, and psilocybin paraphernalia from the primary caregiver or facilitator to the qualifying patient.
"Written certification" or "written certificate" means the qualifying patient's medical records or a statement signed by a qualifying patient's licensed mental health professional, stating that in the licensed mental health professional's professional opinion, the qualifying patient has a debilitating mental health condition and the potential benefits of the therapeutic use of psilocybin would likely outweigh the health risks for the qualifying patient.
§329-B Therapeutic use of psilocybin; conditions of use. (a) Notwithstanding any law to the contrary, the therapeutic use of psilocybin by a qualifying patient shall be permitted only if:
(1) The qualifying patient has been identified by a licensed mental health professional as having a debilitating mental health condition;
(2) The qualifying patient's licensed mental health professional has issued a written certificate authorized under this part to the qualifying patient; and
(3) The amount of psilocybin to be administered does not exceed five grams per session.
(b) The authorization for the therapeutic use of psilocybin in this section shall not apply to:
(1) The therapeutic use of psilocybin that endangers the health or well-being of another person;
(2) The therapeutic use of psilocybin:
(A) In a school bus, public bus, or any moving vehicle;
(B) In the workplace of one's employment;
(C) On any school grounds;
(D) At any public park, public beach, public recreation center, or recreation or youth center; or
(E) At any other place open to the public; and
(3) The use of psilocybin by a qualifying patient or primary caregiver for purposes other than therapeutic use permitted by this chapter.
(c) Each qualifying patient shall have only one primary caregiver at any given time and each primary caregiver shall be responsible for the care of only one qualifying patient at any given time.
(d) Each qualifying patient shall attend a preparation session prior to attending any administration or integration session. After completion of the preparation and administration sessions, the applicable facilitator shall offer to provide the qualifying patient with an integration session; provided that nothing herein shall be construed as requiring the qualifying patient to participate in an integration session.
(e) The qualifying patient shall determine the location at which the preparation, administration, and integration sessions shall be held; provided that, in making this determination, the qualifying patient may seek guidance from the facilitator.
§329-C Written certification; validity. Each written certification issued pursuant to this part shall be valid for one year from the date of signing by the qualifying patient's licensed mental health professional.
§329-D Insurance requirements. Nothing in this part shall be construed as requiring insurance coverage for the therapeutic use of psilocybin.
§329-E Facilitator eligibility requirements. Each facilitator shall:
(1) Be twenty-one years of age or older;
(2) Have received a high school diploma or equivalent degree;
(3) Complete a psychedelic integration training program having a curriculum approved by office of wellness and resilience;
(4) Be a resident of the State; and
(5) Support each client during the three components of psilocybin services, including a preparation session, an administration session, and an integration session without directing the qualifying patient's experience; provided that nothing herein shall be construed as requiring the facilitator to be physically present for the administration of psilocybin to the applicable qualifying patient.
§329-F Qualifying patient or primary caregiver protections. (a) Each qualifying patient or primary caregiver may assert the therapeutic use of psilocybin as an affirmative defense to any prosecution involving psilocybin under this chapter or chapter 712; provided that the qualifying patient or primary caregiver shall have complied with the requirements of this part.
(b) No qualifying patient or primary caregiver who fails to comply with the scope of the therapeutic use of psilocybin permitted under this part shall be afforded the protections against searches and seizures pertaining to the misapplication of the therapeutic use of psilocybin.
(c) No person shall be subject to arrest or prosecution solely for being in the presence or vicinity of any therapeutic use of psilocybin permitted under this part.
§329-G Licensed mental health professional protections. No licensed mental health professional shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing a written certification for the therapeutic use of psilocybin for a qualifying patient; provided that:
(1) The licensed mental health professional has diagnosed the qualifying patient as having a debilitating mental health condition;
(2) The licensed mental health professional has explained the potential risks and benefits of the therapeutic use of psilocybin;
(3) The written certification was based upon the licensed mental health professional's professional opinion after having completed a full assessment of the qualifying patient's mental health history and current mental health condition made in the course of a bona fide healthcare provider-patient relationship; and
(4) The licensed mental health professional has complied with the registration requirements of section 329-C.
§329-H Seized property. (a) Any psilocybin, psilocybin paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed therapeutic use of psilocybin under this part shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this part, as evidenced by a decision not to prosecute, a dismissal of charges, or an acquittal.
(b) Any law enforcement agency that seizes any live plants or fungi as evidence shall not be responsible for the care and maintenance of the plants or fungi.
§329-I Fraudulent misrepresentation; penalty. (a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to:
(1) The therapeutic use of psilocybin to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500; and
(2) The issuance of a written certificate for the therapeutic use of psilocybin by a licensed mental health professional that is not in compliance with this part shall be a misdemeanor; provided that this penalty shall be in addition to any other penalties that may apply for the non-therapeutic use of psilocybin.
(b) Nothing in this section shall be construed as precluding the conviction of any person for any offense under part V of chapter 710."
SECTION 3. Section 453-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other actions authorized by law, any license to practice medicine and surgery may be revoked, limited, or suspended by the board at any time in a proceeding before the board, or may be denied, for any cause authorized by law, including but not limited to the following:
(1) Procuring, or aiding or abetting in procuring, an abortion that is unlawful under the laws of this State or that would be unlawful under the laws of this State if performed within this State;
(2) Employing any person to solicit patients for one's self;
(3) Engaging in false, fraudulent, or deceptive advertising, including but not limited to:
(A) Making excessive claims of expertise in one or more medical specialty fields;
(B) Assuring a permanent cure for an incurable disease; or
(C) Making any untruthful and improbable statement in advertising one's medical or surgical practice or business;
(4) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;
(5) Practicing medicine while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability;
(6) Procuring a license through fraud, misrepresentation, or deceit, or knowingly permitting an unlicensed person to perform activities requiring a license;
(7) Professional misconduct, hazardous negligence causing bodily injury to another, or manifest incapacity in the practice of medicine or surgery;
(8) Incompetence or multiple instances of negligence, including but not limited to the consistent use of medical service, which is inappropriate or unnecessary;
(9) Conduct or practice contrary to recognized standards of ethics of the medical profession as adopted by the Hawaii Medical Association, the American Medical Association, the Hawaii Association of Osteopathic Physicians and Surgeons, or the American Osteopathic Association;
(10) Violation of the conditions or limitations upon which a limited or temporary license is issued;
(11) Revocation, suspension, or other disciplinary action by another state or federal agency of a license, certificate, or medical privilege, except when the revocation, suspension, or other disciplinary action was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;
(12) Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a physician or osteopathic physician, notwithstanding any statutory provision to the contrary, except when the conviction was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;
(13) Violation of chapter 329, the uniform
controlled substances act, or any rule adopted thereunder except as provided in
[section] sections 329-122[;] and 329‑B;
(14) Failure to report to the board, in writing, any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days after the disciplinary decision is issued; or
(15) Submitting to or filing with the board any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement or omission of fact."
SECTION 4. Section 712-1240.1, Hawaii Revised Statutes, is amended to read as follows:
"§712-1240.1 Defense to promoting. (1) It
[is] shall be a defense to prosecution for any offense defined in
this part that the person who possessed or distributed the dangerous, harmful,
or detrimental drug did so under authority of law as a practitioner, as an
ultimate user of the drug pursuant to a lawful prescription, or as a person
otherwise authorized by law.
(2)
It [is] shall be an affirmative defense to prosecution for
any marijuana-related offense defined in this part that the person who
possessed or distributed the marijuana was authorized to possess or distribute
the marijuana for medical purposes pursuant to part IX of chapter 329.
(3) It shall be an affirmative defense to prosecution for any offense in this part that the person who possessed or distributed the psilocybin was authorized to possess or distribute the psilocybin for therapeutic purposes pursuant to part of chapter 329."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Psilocybin; Therapeutic Uses; Authorization
Description:
Authorizes, and establishes a regulatory framework for, the administration of psilocybin for therapeutic use.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.