Bill Text: IA HF636 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act creating the psilocybin services Act, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-23 - Introduced, referred to Public Safety. H.J. 500. [HF636 Detail]
Download: Iowa-2021-HF636-Introduced.html
House
File
636
-
Introduced
HOUSE
FILE
636
BY
SHIPLEY
A
BILL
FOR
An
Act
creating
the
psilocybin
services
Act,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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636
Section
1.
Section
124.204,
subsection
4,
paragraph
s,
Code
1
2021,
is
amended
to
read
as
follows:
2
s.
Psilocybin
,
except
as
otherwise
provided
in
subsection
3
8A
.
4
Sec.
2.
Section
124.204,
Code
2021,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
8A.
Psilocybin.
Nothing
in
this
chapter
7
shall
apply
to
psilocybin
when
manufactured,
planted,
8
cultivated,
grown,
harvested,
produced,
prepared,
propagated,
9
compounded,
converted,
processed,
handled,
transported,
10
delivered,
marketed,
distributed,
possessed,
administered,
11
consumed,
tested,
or
otherwise
used
in
accordance
and
12
compliance
with
chapter
124F.
13
Sec.
3.
Section
124.401,
Code
2021,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
7.
Notwithstanding
any
other
provision
16
in
this
section
to
the
contrary,
a
person
may
manufacture,
17
plant,
cultivate,
grow,
harvest,
produce,
prepare,
propagate,
18
compound,
convert,
process,
handle,
transport,
deliver,
market,
19
distribute,
possess,
administer,
consume,
test,
or
otherwise
20
use
psilocybin
in
accordance
and
compliance
with
chapter
124F.
21
Sec.
4.
NEW
SECTION
.
124F.1
Short
title.
22
This
Act
shall
be
known
and
may
be
cited
as
the
“Psilocybin
23
Services
Act”
.
24
Sec.
5.
NEW
SECTION
.
124F.2
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Administration
session”
means
a
session
held
at
28
a
psilocybin
service
center
at
which
a
client
purchases,
29
consumes,
and
experiences
the
effects
of
a
psilocybin
product
30
under
the
supervision
of
a
psilocybin
service
facilitator.
31
2.
“Client”
means
a
person
who
is
provided
psilocybin
32
services
under
this
chapter.
33
3.
“Department”
means
the
department
of
public
health.
34
4.
“Entheogenic
plants
and
fungi”
means
any
plant
or
35
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fungus
of
any
species
in
which
ibogaine,
dimethyltryptamine,
1
mescaline,
peyote,
psilocybin,
or
psilocin
occurs
naturally
in
2
any
form
that
would
cause
such
plant
or
fungus
to
be
named
or
3
described
as
a
controlled
substance
under
chapter
124.
4
5.
“Integration
session”
means
a
meeting
between
a
client
5
and
a
psilocybin
service
facilitator
that
may
occur
after
the
6
client
completes
an
administration
session.
7
6.
“Legal
entity”
means
a
corporation,
limited
liability
8
company,
limited
partnership,
or
other
entity
that
is
9
registered
with
the
office
of
the
secretary
of
state.
10
7.
“Licensee”
means
a
person
who
holds
a
license
issued
11
under
this
chapter.
12
8.
“Licensee
representative”
means
an
owner,
director,
13
officer,
manager,
employee,
agent,
or
other
representative
of
14
a
licensee,
to
the
extent
that
such
person
is
serving
in
a
15
representative
capacity.
16
9.
“Manufacture”
or
“manufacturing”
means
the
manufacture,
17
planting,
cultivation,
growing,
harvesting,
production,
18
preparation,
propagation,
compounding,
conversion,
or
19
processing
of
a
psilocybin
product,
either
directly
or
20
indirectly
by
extraction
from
substances
of
natural
origin,
21
or
independently
by
means
of
chemical
synthesis,
or
by
a
22
combination
of
extraction
and
chemical
synthesis.
The
term
23
includes
any
packaging
or
repackaging
of
the
psilocybin
product
24
or
labeling
or
relabeling
of
the
psilocybin
product
package.
25
10.
“One-year
program
development
period”
means
the
period
26
beginning
on
January
1,
2022,
and
ending
no
later
than
December
27
31,
2022.
28
11.
“Premises”
includes
all
of
the
following
areas
of
a
29
location
licensed
under
this
chapter:
30
a.
All
public
and
private
enclosed
areas
that
are
used
31
in
the
business
operated
at
the
location,
including
offices,
32
kitchens,
restrooms,
and
storerooms.
33
b.
All
areas
outside
a
building
that
the
department
has
34
specifically
licensed
for
the
manufacturing
of
psilocybin
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products
or
the
operation
of
a
psilocybin
service
center.
1
c.
For
a
location
that
the
department
has
specifically
2
licensed
for
the
operation
of
a
psilocybin
service
center
3
outside
a
building,
that
portion
of
the
location
used
to
4
operate
the
center
and
provide
psilocybin
services
to
clients.
5
d.
The
term
does
not
include
a
primary
residence.
6
12.
“Preparation
session”
means
a
meeting
between
a
client
7
and
a
psilocybin
service
facilitator
that
must
occur
before
the
8
client
participates
in
an
administration
session.
9
13.
“Psilocybin”
means
a
hallucinogenic
compound
obtained
10
from
P.
cubensis
mushrooms.
11
14.
“Psilocybin
product
manufacturing
facility”
means
a
12
facility
that
manufactures
psilocybin
products
in
this
state.
13
15.
“Psilocybin
products”
means
psilocybin-producing
fungi
14
and
mixtures
or
substances
containing
a
detectable
amount
of
15
psilocybin.
The
term
does
not
include
psilocybin
services.
16
16.
“Psilocybin
service
center”
means
a
center
where
17
administration
sessions
are
held
and
other
psilocybin
services
18
may
be
provided.
19
17.
“Psilocybin
service
facilitator”
means
a
person
who
20
facilitates
the
provision
of
psilocybin
services
to
a
client.
21
18.
“Psilocybin
services”
means
services
provided
to
a
22
client
before,
during,
or
after
the
client’s
consumption
of
23
a
psilocybin
product,
including
a
preparation
session,
an
24
administration
session,
and
an
integration
session.
25
19.
“Psilocybin
testing
laboratory”
means
a
laboratory
that
26
conducts
tests
on
psilocybin
products
in
accordance
with
this
27
chapter.
28
Sec.
6.
NEW
SECTION
.
124F.3
Purposes.
29
The
purposes
of
this
chapter
include
all
of
the
following:
30
1.
To
educate
the
public
about
the
safe
and
effective
use
of
31
psilocybin
in
treating
mental
health
conditions.
32
2.
To
reduce
the
prevalence
of
mental
illness
among
adults
33
in
the
state
and
improve
the
physical,
mental,
and
social
34
well-being
of
all
people
in
the
state.
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3.
To
develop
a
long-term
strategic
plan
for
ensuring
that
1
psilocybin
services
will
become
and
remain
a
safe,
accessible,
2
and
affordable
therapeutic
option
for
all
persons
twenty-one
3
years
of
age
or
older
for
whom
psilocybin
may
be
appropriate.
4
4.
To
protect
the
public
health,
safety,
and
welfare
by
5
prioritizing
the
state’s
limited
law
enforcement
resources
in
6
the
most
effective,
consistent,
and
rational
way.
7
5.
To
allow
persons
licensed
under
this
chapter
to
legally
8
manufacture
psilocybin
products
and
provide
psilocybin
services
9
to
persons
twenty-one
years
of
age
or
older
in
accordance
with
10
this
chapter.
11
6.
To
establish
a
comprehensive
regulatory
framework
12
regarding
psilocybin
products
and
psilocybin
services.
13
7.
To
prevent
the
distribution
of
psilocybin
products
to
14
persons
who
are
not
allowed
to
possess
psilocybin
products
15
under
this
chapter,
including
persons
who
are
younger
than
16
twenty-one
years
of
age.
17
8.
To
prevent
the
diversion
of
psilocybin
products
from
this
18
state
to
other
states.
19
Sec.
7.
NEW
SECTION
.
124F.4
Department
authority
and
20
duties.
21
1.
The
department
shall
do
all
of
the
following
during
the
22
one-year
program
development
period:
23
a.
Examine,
publish,
and
distribute
to
the
public
available
24
medical,
psychological,
and
scientific
studies,
research,
25
and
other
information
relating
to
the
safety
and
efficacy
of
26
psilocybin
in
treating
mental
health
conditions.
27
b.
Adopt
rules
pursuant
to
chapter
17A
for
the
28
implementation
of
a
comprehensive
regulatory
framework
29
authorizing
persons
twenty-one
years
of
age
or
older
to
be
30
provided
psilocybin
services
in
this
state.
31
c.
Establish
an
advisory
board
for
the
purpose
of
advising
32
and
making
recommendations
to
the
department
regarding
the
use
33
of
psilocybin
for
mental
health
treatment.
34
2.
Unless
otherwise
provided
by
law,
the
department
shall
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not
issue
any
licenses
or
permits
during
the
one-year
program
1
development
period.
2
3.
Beginning
November
30,
2022,
and
periodically
3
thereafter,
the
department
shall
publish
on
its
internet
4
website
information
received
from
the
psilocybin
advisory
board
5
and
available
medical,
psychological,
and
scientific
studies,
6
research,
and
any
other
information
relating
to
the
safety
and
7
efficacy
of
psilocybin
in
treating
mental
health
conditions,
8
including
but
not
limited
to
addiction,
depression,
anxiety
9
disorders,
and
end-of-life
psychological
distress.
10
4.
After
the
one-year
program
development
period,
beginning
11
no
later
than
January
1,
2023,
the
duties
of
the
department
12
shall
include
all
of
the
following:
13
a.
Regulating
the
possession,
manufacturing,
14
transportation,
delivery,
sale,
and
purchase
of
psilocybin
15
products
and
the
provision
of
psilocybin
services
in
this
state
16
in
accordance
with
this
chapter.
17
b.
Issuing,
renewing,
suspending,
revoking,
or
refusing
18
to
issue
or
renew
licenses
for
the
manufacturing
or
sale
of
19
psilocybin
products
or
the
provision
of
psilocybin
services
20
or
other
licenses
related
to
the
consumption
of
psilocybin
21
products,
and
allowing
the
transfer
of
a
license
between
22
persons.
23
c.
Issuing,
renewing,
suspending,
revoking,
or
refusing
to
24
issue
or
renew
permits
for
licensee
representatives.
25
d.
Regulating
the
use
of
psilocybin
products
and
psilocybin
26
services
for
other
purposes
as
deemed
necessary
or
appropriate
27
by
the
department.
28
e.
Adopting,
amending,
or
repealing
rules
pursuant
to
29
chapter
17A
as
necessary
to
administer
this
chapter
including
30
rules
that
the
department
considers
necessary
to
protect
the
31
public
health,
safety,
and
welfare.
32
f.
Exercising
the
department’s
authority
to
administer
33
this
chapter
or
any
other
law
that
authorizes
the
department
34
to
regulate
psilocybin
products
and
psilocybin
services,
which
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includes
all
of
the
following:
1
(1)
Issuing
subpoenas.
2
(2)
Compelling
the
attendance
of
witnesses.
3
(3)
Administering
oaths.
4
(4)
Certifying
official
acts.
5
(5)
Taking
depositions.
6
(6)
Compelling
the
production
of
books,
payrolls,
accounts,
7
papers,
records,
documents,
and
testimony.
8
(7)
Adopting
rules
regulating
the
advertisement
of
9
psilocybin
products
to
the
public.
10
(8)
Adopting
rules
prohibiting
the
advertisement
of
11
psilocybin
services
in
a
manner
that
does
any
of
the
following:
12
(a)
Is
appealing
to
minors.
13
(b)
Promotes
excessive
use.
14
(c)
Promotes
illegal
activity.
15
(d)
Violates
the
code
of
professional
conduct
for
16
psilocybin
service
facilitators.
17
(e)
Otherwise
poses
a
significant
risk
to
the
public
health,
18
safety,
and
welfare.
19
g.
Purchasing,
possessing,
seizing,
transferring
to
a
20
licensee,
or
disposing
of
psilocybin
products
as
necessary
for
21
the
department
to
ensure
compliance
with
and
to
enforce
this
22
chapter.
23
5.
The
department
shall
not
do
any
of
the
following:
24
a.
Require
that
a
psilocybin
product
be
manufactured
by
25
means
of
chemical
synthesis.
26
b.
Require
a
client
to
be
diagnosed
with
or
have
any
27
particular
medical
condition
before
being
provided
psilocybin
28
services.
29
Sec.
8.
NEW
SECTION
.
124F.5
Psilocybin
advisory
board
——
30
membership,
duties.
31
1.
The
psilocybin
advisory
board
is
created
within
32
the
department
for
the
purpose
of
advising
and
making
33
recommendations
to
the
department
regarding
the
use
of
34
psilocybin
for
mental
health
treatment.
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2.
a.
The
board
shall
include
the
following
ex-officio,
1
nonvoting
members:
2
(1)
The
state
medical
director,
or
the
medical
director’s
3
designee.
4
(2)
The
secretary
of
agriculture,
or
the
secretary’s
5
designee.
6
(3)
The
attorney
general
or
the
attorney
general’s
7
designee.
8
(4)
The
director
of
public
safety,
or
the
director’s
9
designee.
10
(5)
The
director
of
the
department
of
human
services,
or
the
11
director’s
designee.
12
b.
The
board
shall
include
all
of
the
following
voting
13
members
appointed
by
the
governor,
subject
to
sections
69.16,
14
69.16A,
and
69.16C,
and
subject
to
confirmation
by
the
senate:
15
(1)
A
state
employee
employed
by
the
department
of
public
16
health
to
administer
the
medical
cannabidiol
program
pursuant
17
to
chapter
124E.
18
(2)
A
licensed
attorney
with
experience
with
laws
and
19
regulations
relating
to
controlled
substances.
20
(3)
A
state
employee
who
has
technical
and
policy
expertise
21
in
the
field
of
public
health.
22
(4)
A
person
who
is
a
member
of,
or
who
represents,
a
23
federally
recognized
Indian
tribe
in
this
state.
24
(5)
A
person
who
represents
providers
who
deliver
health
25
care
services
directly
to
the
public.
26
(6)
A
psychologist
licensed
under
chapter
154B
who
has
27
professional
experience
diagnosing
or
treating
mental,
28
emotional,
or
behavioral
health
conditions.
29
(7)
A
physician
licensed
under
chapter
148.
30
(8)
A
person
who
practices
naturopathy.
31
(9)
A
person
who
is
an
expert
in
the
field
of
public
health
32
and
is
employed
by
a
postsecondary
institution
in
the
state.
33
(10)
A
person
who
has
professional
experience
conducting
34
scientific
research
regarding
the
use
of
psychedelic
compounds
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in
clinical
therapy.
1
(11)
A
person
who
has
experience
in
the
field
of
mycology.
2
(12)
A
person
who
has
experience
in
the
field
of
3
ethnobotany.
4
(13)
A
person
who
has
experience
in
the
field
of
5
psychopharmacology.
6
(14)
A
person
who
has
experience
in
the
field
of
psilocybin
7
harm
reduction.
8
(15)
Two
members
selected
at
large.
9
3.
Voting
members
shall
serve
for
four-year
terms
beginning
10
and
ending
as
provided
in
section
69.19.
Vacancies
shall
be
11
filled
by
the
governor
for
the
duration
of
the
unexpired
terms.
12
A
majority
of
the
voting
members
of
the
board
shall
constitute
13
a
quorum.
The
affirmative
vote
of
a
majority
of
the
quorum
is
14
necessary
for
any
action
taken
by
the
board.
The
board
shall
15
elect
one
of
the
members
to
serve
as
chairperson.
16
4.
During
the
one-year
program
development
period,
the
17
board
shall
meet
at
least
bimonthly
at
a
time
and
place
18
determined
by
the
chairperson
or
a
majority
of
the
voting
19
members
of
the
board.
After
the
one-year
program
development
20
period,
the
board
shall
meet
at
least
quarterly
at
a
time
and
21
place
determined
by
the
chairperson
or
a
majority
of
the
voting
22
members
of
the
board.
The
board
may
also
meet
at
other
times
23
and
places
at
the
call
of
the
chairperson
or
a
majority
of
the
24
voting
members
of
the
board.
25
5.
The
advisory
board
shall
do
all
of
the
following:
26
a.
Advise
the
department
regarding
the
administration
of
27
this
chapter.
28
b.
Make
recommendations
to
the
department
on
available
29
medical,
psychological,
and
scientific
studies,
research,
30
and
other
information
relating
to
the
safety
and
efficacy
of
31
psilocybin
in
treating
mental
health
conditions,
including
but
32
not
limited
to
addiction,
depression,
anxiety
disorders,
and
33
end-of-life
psychological
distress.
34
c.
Make
recommendations
to
the
department
regarding
the
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requirements,
specifications,
and
guidelines
for
providing
1
psilocybin
services
to
a
client,
including
all
of
the
2
following:
3
(1)
The
requirements,
specifications,
and
guidelines
for
4
holding
and
verifying
the
completion
of
a
preparation
session,
5
an
administration
session,
and
an
integration
session.
6
(2)
The
contents
of
the
client
information
form
that
a
7
client
must
complete
and
sign
before
the
client
participates
in
8
a
preparation
session,
including
all
of
the
following:
9
(a)
Information
that
must
be
solicited
from
the
client
10
to
determine
whether
it
is
appropriate
for
the
client
to
11
participate
in
the
preparation
session,
which
may
identify
risk
12
factors
and
contraindications.
13
(b)
Information
that
must
be
solicited
from
the
client
to
14
assist
the
psilocybin
service
center
and
the
psilocybin
service
15
facilitator
in
meeting
any
public
health
and
safety
standards
16
and
industry
best
practices
during
the
administration
session.
17
(c)
Health
and
safety
warnings
and
other
disclosures
that
18
must
be
made
to
the
client
before
the
client
participates
in
19
the
administration
session.
20
(3)
Make
recommendations
to
the
department
on
public
health
21
and
safety
standards
and
industry
best
practices
for
each
type
22
of
licensee
and
licensee
representative
under
this
chapter.
23
(4)
Make
recommendations
to
the
department
on
the
24
formulation
of
a
code
of
professional
conduct
for
psilocybin
25
service
facilitators,
including
a
code
of
ethics.
26
(5)
Make
recommendations
to
the
department
on
the
education
27
and
training
that
psilocybin
service
facilitators
must
28
complete,
including
all
of
the
following:
29
(a)
Facilitation
skills
that
are
affirming,
nonjudgmental,
30
and
nondirective.
31
(b)
Skills
to
support
clients
during
an
administration
32
session,
including
specialized
skills
for
client
safety
and
33
clients
who
may
have
a
mental
health
condition.
34
(c)
The
optimal
environment
in
which
psilocybin
services
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must
occur.
1
(d)
Social
and
cultural
considerations.
2
(e)
Whether
such
education
and
training
should
be
made
3
available
through
online
resources.
4
(6)
Make
recommendations
to
the
department
on
the
5
examinations
that
psilocybin
service
facilitators
and
licensee
6
representatives
must
pass
to
obtain
and
maintain
a
license
or
7
permit.
8
(7)
Make
recommendations
to
the
department
on
public
health
9
and
safety
standards
and
industry
best
practices
for
holding
10
and
completing
an
administration
session,
including
whether
11
group
administration
sessions
will
be
made
available
and
12
whether
clients
will
be
able
to
access
common
or
outside
areas
13
on
the
premises
of
the
psilocybin
service
center
at
which
the
14
administration
session
is
held.
15
(8)
Make
recommendations
to
the
department
as
to
whether
16
and
how
psilocybin
service
centers
and
psilocybin
service
17
facilitators
may
safely
and
effectively
provide
administration
18
sessions
using
telehealth.
19
(9)
Make
recommendations
to
the
department
regarding
20
the
circumstances
under
which
an
administration
session
is
21
considered
complete.
22
(10)
Make
recommendations
to
the
department
regarding
the
23
transportation
needs
of
the
client
after
the
completion
of
an
24
administration
session.
25
(11)
Develop
a
long-term
strategic
plan
for
ensuring
that
26
psilocybin
services
are
and
will
remain
a
safe,
accessible,
and
27
affordable
therapeutic
option
for
all
persons
twenty-one
years
28
of
age
or
older
for
whom
psilocybin
may
be
appropriate.
29
(12)
Make
recommendations
to
the
department
about
30
technologies
that
can
be
used
and
implemented
by
the
department
31
to
track
product
information,
client
data,
and
outcomes
of
32
clients
during
and
after
receiving
psilocybin
services.
33
(13)
Monitor
and
study
federal
laws,
regulations,
and
34
policies
relating
to
psilocybin.
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6.
The
advisory
board
shall
submit
its
initial
findings
1
and
recommendations
to
the
governor
and
the
general
assembly
2
by
August
31,
2022,
and
shall
periodically
thereafter
submit
3
findings
and
recommendations
to
the
governor
and
the
general
4
assembly
regarding
improvements
in
the
program.
5
Sec.
9.
NEW
SECTION
.
124F.6
Applications
for
licensure.
6
1.
By
February
1,
2023,
the
department
shall
begin
receiving
7
applications
for
the
licensing
of
all
of
the
following:
8
a.
Psilocybin
product
manufacturing
facilities.
9
b.
Psilocybin
service
centers.
10
c.
Psilocybin
service
facilitators.
11
d.
Psilocybin
testing
laboratories.
12
2.
An
applicant
for
a
license
or
renewal
of
a
license
shall
13
apply
to
the
department
in
a
form
prescribed
by
department
14
by
rule.
The
application
shall
include
the
name
and
address
15
of
the
applicant,
the
location
of
the
premises
that
will
be
16
operated
under
the
license,
and
any
other
pertinent
information
17
required
by
the
department.
18
3.
The
department
shall
not
issue
or
renew
a
license
until
19
the
applicant
has
complied
with
this
section.
20
4.
The
department
shall
approve
or
deny
an
application
for
21
licensure
under
this
section
in
a
timely
manner.
22
5.
The
department
shall
not
issue
a
license
for
premises
23
that
do
not
have
defined
boundaries.
The
premises
are
not
24
required
to
be
enclosed
by
a
wall,
fence,
or
other
structure.
25
However,
the
department
may
require
the
premises
to
be
enclosed
26
as
a
condition
of
issuing
or
renewing
a
license.
27
6.
The
department
shall
not
issue
a
license
to
a
mobile
28
premises.
29
7.
A
license
issued
under
this
section
serves
the
purpose
30
of
exempting
the
licensee
from
the
criminal
laws
of
this
state
31
for
the
possession,
transportation,
delivery,
manufacturing,
32
or
sale
of
psilocybin
products
to
the
extent
that
the
person
33
complies
with
all
state
laws
and
rules
applicable
to
a
34
licensee.
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8.
The
department
may
reject
any
application
that
is
not
1
submitted
in
the
form
prescribed
by
the
department.
2
9.
An
applicant
may
appeal
any
action
taken
by
the
3
department
pursuant
to
this
section
in
a
proceeding
under
4
chapter
17A.
5
10.
A
license
issued
under
this
section:
6
a.
Is
a
personal
privilege.
7
b.
Is
renewable
except
for
a
cause
that
would
be
grounds
for
8
refusal
to
issue
the
license.
9
c.
Is
revocable
or
may
be
subject
to
suspension.
10
d.
Except
for
a
license
issued
to
a
psilocybin
service
11
facilitator,
is
transferable
from
the
premises
for
which
the
12
license
was
originally
issued
to
another
premises.
13
e.
If
the
license
was
issued
to
a
person,
expires
upon
the
14
death
of
the
licensee,
except
as
otherwise
provided
in
this
15
section.
16
f.
Does
not
constitute
property.
17
g.
Is
not
alienable.
18
h.
Is
not
subject
to
attachment
or
execution.
19
i.
Does
not
descend
by
the
laws
of
testate
or
intestate
20
succession.
21
11.
The
department
may
require
an
applicant
for
a
license
22
or
a
licensee
to
submit
to
the
department,
in
a
form
and
manner
23
prescribed
by
the
department,
a
sworn
statement
showing
both
24
of
the
following:
25
a.
The
name
and
address
of
each
person
who
has
a
financial
26
interest
in
the
business
operating
or
to
be
operated
under
the
27
license.
28
b.
The
nature
and
extent
of
the
financial
interest
of
each
29
person
who
has
a
financial
interest
in
the
business
operating
30
or
to
be
operated
under
the
license.
31
12.
The
department
may
refuse
to
issue,
or
may
suspend,
32
revoke,
or
refuse
to
renew,
a
license
issued
under
this
chapter
33
if
the
department
determines
that
a
person
who
has
a
financial
34
interest
in
the
business
operating
or
to
be
operated
under
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the
license
committed
or
failed
to
commit
an
act
that
would
1
constitute
grounds
for
the
department
to
refuse
to
issue,
or
to
2
suspend,
revoke,
or
refuse
to
renew,
the
license
if
the
person
3
were
the
licensee
or
applicant
for
the
license.
4
13.
A
person
including
a
legal
entity
that
directly
or
5
indirectly
owns,
controls,
or
holds
with
power
to
vote
five
6
percent
or
more
of
the
voting
shares
of
a
psilocybin
product
7
manufacturing
facility
or
psilocybin
service
center
shall
not
8
acquire
direct
or
indirect
ownership
or
control
of
any
voting
9
shares
or
other
form
of
ownership
of
any
other
psilocybin
10
product
manufacturing
facility
or
psilocybin
service
center.
11
14.
Before
receiving
a
license
for
a
psilocybin
product
12
manufacturing
facility
or
psilocybin
service
center,
an
13
applicant
shall
request
a
land
use
compatibility
statement
14
from
the
city
or
county
in
which
the
applicant
will
operate.
15
The
land
use
compatibility
statement
must
demonstrate
that
16
the
requested
license
is
for
a
land
use
that
is
allowable
as
17
a
permitted
or
conditional
use
within
the
applicable
zoning
18
designation
where
the
land
is
located.
The
department
shall
19
not
issue
a
license
if
the
land
use
compatibility
statement
20
shows
that
the
proposed
land
use
is
prohibited
in
the
21
applicable
zone.
22
15.
Except
as
otherwise
provided
by
law,
a
city
or
county
23
that
receives
a
request
for
a
land
use
compatibility
statement
24
shall
act
on
such
request
within
twenty-one
days
after
receipt
25
of
the
request,
if
the
land
use
is
allowable
as
an
outright
26
permitted
use,
or
twenty-one
days
after
final
local
permit
27
approval,
if
the
land
use
is
allowable
as
a
conditional
use.
28
16.
A
city
or
county
that
receives
a
request
for
a
land
use
29
compatibility
statement
is
not
required
to
act
on
that
request
30
during
the
period
that
the
department
suspends
licensing
for
31
the
premises.
32
17.
The
department
may
require
the
fingerprints
of
any
33
person
listed
on
an
application.
However,
the
department
shall
34
require
the
fingerprints
of
all
of
the
following:
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a.
Each
general
partner
of
the
limited
partnership,
if
the
1
applicant
is
a
limited
partnership.
2
b.
Each
manager
of
the
limited
liability
company,
if
the
3
applicant
is
a
manager-managed
limited
liability
company.
4
c.
Each
voting
member
of
the
limited
liability
company,
if
5
the
applicant
is
a
member-managed
limited
liability
company.
6
d.
Each
director
and
officer
of
the
corporation,
if
the
7
applicant
is
a
corporation.
8
e.
Any
person
who
holds
a
financial
interest,
whether
direct
9
or
indirect,
in
a
psilocybin
product
manufacturing
facility
or
10
psilocybin
service
center.
11
f.
Any
licensee
representative.
12
18.
An
applicant
shall
be
subject
to
a
background
screening
13
under
this
section.
Any
arrest
record
identified
shall
be
14
reported
to
the
department.
15
Sec.
10.
NEW
SECTION
.
124F.7
Psilocybin
product
16
manufacturing
license.
17
1.
The
manufacture
of
psilocybin
products
is
subject
to
18
regulation
by
the
department.
Any
psilocybin
products
used
19
by
a
psilocybin
service
center
shall
be
manufactured
by
a
20
psilocybin
product
manufacturing
facility
licensed
under
this
21
chapter.
A
psilocybin
product
manufacturing
facility
shall
22
have
a
psilocybin
product
manufacturing
facility
license
issued
23
by
the
department
for
the
premises
at
which
the
psilocybin
24
products
will
be
manufactured.
25
2.
To
hold
a
psilocybin
product
manufacturing
facility
26
license,
a
psilocybin
product
manufacturing
facility
shall
do
27
all
of
the
following:
28
a.
Apply
for
a
license
in
the
manner
described
in
this
29
chapter.
30
b.
Provide
proof
that
the
applicant
is
owned
and
controlled
31
by
a
person
or
persons
who
are
twenty-one
years
of
age
or
32
older.
33
c.
Provide
proof
that
the
applicant’s
psilocybin
product
34
manufacturing
facility
is
located
in
an
area
zoned
for
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industrial
or
agricultural
use.
1
(1)
For
purposes
of
this
paragraph,
the
department
shall
2
adopt
rules
pursuant
to
chapter
17A
that
designate
different
3
types
of
psilocybin
product
manufacturing
activities
and
4
provide
for
endorsement
by
the
department
for
such
activities.
5
A
psilocybin
product
manufacturing
facility
shall
only
engage
6
in
a
type
of
psilocybin
product
manufacturing
activity
if
the
7
psilocybin
product
manufacturing
facility
has
received
an
8
endorsement
from
the
department
for
that
type
of
psilocybin
9
product
manufacturing
activity.
10
(2)
An
applicant
shall
request
an
endorsement
upon
11
submission
of
an
initial
application
but
the
applicant
or
12
licensee
may
request
a
subsequent
endorsement
at
any
time
after
13
licensure.
14
(3)
Only
one
application
is
required
regardless
of
how
many
15
endorsements
an
applicant
or
licensee
requests
or
at
what
point
16
in
the
licensing
process
the
request
is
made.
17
(4)
A
psilocybin
product
manufacturing
facility
licensee
18
may
hold
multiple
endorsements.
19
(5)
The
department
may
deny
a
psilocybin
product
20
manufacturing
facility’s
request
for
an
endorsement
or
revoke
21
an
existing
endorsement
if
the
psilocybin
product
manufacturing
22
facility
cannot
or
does
not
meet
the
requirements
for
the
23
endorsement.
24
Sec.
11.
NEW
SECTION
.
124F.8
Psilocybin
service
center
25
license.
26
1.
The
operation
of
a
psilocybin
service
center
is
subject
27
to
regulation
by
the
department.
A
psilocybin
service
center
28
is
not
a
health
care
facility
subject
to
chapter
135C.
29
2.
A
psilocybin
service
center
shall
receive
a
psilocybin
30
service
center
license
issued
by
the
department
for
the
31
premises
at
which
psilocybin
services
will
be
provided.
To
32
hold
such
a
license
under
this
section,
a
psilocybin
service
33
center
shall
do
all
of
the
following:
34
a.
Apply
for
a
license
in
the
manner
described
in
this
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chapter.
1
b.
Provide
proof
that
the
applicant
is
owned
and
controlled
2
by
a
person
or
persons
who
are
twenty-one
years
of
age
or
3
older.
4
c.
Provide
proof
that
the
psilocybin
service
center
is
not
5
located
in
any
of
the
following
areas:
6
(1)
An
area
zoned
exclusively
for
residential
use.
7
(2)
An
area
located
within
five
hundred
feet
of
the
real
8
property
that
comprises
a
public
or
private
elementary
school,
9
middle
school,
or
high
school.
If
a
school
that
has
not
10
previously
been
attended
by
children
is
established
within
11
five
hundred
feet
of
a
premises
for
which
a
license
has
been
12
issued,
the
psilocybin
service
center
located
at
that
premises
13
may
remain
at
that
location,
unless
the
department
revokes
the
14
license
of
the
psilocybin
service
center
for
cause.
15
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
16
that
require
all
of
the
following:
17
a.
A
psilocybin
service
center
to
annually
renew
a
license
18
issued
under
this
chapter.
19
b.
Any
psilocybin
products
sold
or
used
by
a
psilocybin
20
service
center
to
be
tested
in
accordance
with
this
chapter.
21
c.
A
psilocybin
service
center
to
meet
any
public
health
22
and
safety
standards
and
industry
best
practices
established
23
by
department
rule.
24
Sec.
12.
NEW
SECTION
.
124F.9
Psilocybin
service
facilitator
25
license.
26
1.
A
psilocybin
service
facilitator
is
subject
to
27
regulation
by
the
department.
28
2.
A
psilocybin
service
facilitator
shall
maintain
a
29
facilitator
license
issued
by
the
department.
30
3.
To
hold
a
facilitator
license
issued
under
this
chapter,
31
a
psilocybin
service
facilitator
must
do
all
of
the
following:
32
a.
Apply
for
a
license
in
the
manner
described
in
this
33
chapter.
34
b.
Provide
proof
that
the
applicant
is
twenty-one
years
of
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age
or
older.
1
c.
Submit
evidence
of
completion
of
the
required
education
2
and
training
as
approved
by
the
department.
3
d.
Submit
evidence
of
passing
an
examination
approved,
4
administered,
or
recognized
by
the
department.
5
e.
Annually
renew
a
license
issued
under
this
chapter.
6
f.
Meet
any
public
health
and
safety
standards
and
industry
7
best
practices
established
by
department
rule.
8
4.
A
psilocybin
service
facilitator
shall
only
be
an
9
employee,
manager,
director,
officer,
partner,
member,
10
shareholder,
or
direct
or
indirect
owner
of
one
psilocybin
11
service
center.
12
5.
A
license
issued
to
a
psilocybin
service
facilitator
13
under
this
chapter
is
not
limited
to
any
single
premises.
14
6.
The
department
shall
do
all
of
the
following:
15
a.
Establish
the
qualifications,
training,
and
education
16
requirements
for
applicants
for
a
psilocybin
service
17
facilitator
license
with
an
emphasis
on
all
of
the
following:
18
(1)
Facilitation
skills
that
are
affirming,
nonjudgmental,
19
and
nondirective.
20
(2)
Support
skills
for
clients
during
an
administration
21
session,
including
specialized
skills
for
client
safety
and
for
22
clients
who
may
have
a
mental
health
condition.
23
(3)
The
environment
in
which
psilocybin
services
should
24
occur.
25
(4)
Social
and
cultural
considerations.
26
b.
Formulate
a
code
of
professional
conduct
for
psilocybin
27
service
facilitators,
including
a
code
of
ethics.
28
c.
Establish
standards
of
practice
and
professional
29
responsibility
for
persons
licensed
by
the
department
to
30
facilitate
psilocybin
services.
31
d.
Develop
or
select
examinations
for
licensure
as
a
32
psilocybin
service
facilitator.
33
e.
Provide
for
waivers
of
examinations
as
appropriate.
34
f.
Appoint
representatives
to
conduct
or
supervise
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examinations
of
applicants.
1
g.
Require
background
screenings
of
all
applicants
for
a
2
psilocybin
service
facilitator
license.
3
h.
Approve
courses
that
psilocybin
service
facilitators
4
must
complete.
To
obtain
approval
of
a
course,
the
provider
5
of
a
course
must
submit
a
curriculum
outline
to
the
department
6
and
the
department
of
education
for
review.
The
outline
7
must
include
the
approved
courses,
total
number
of
hours
of
8
instruction,
total
number
of
hours
of
lectures
in
theory,
and
9
total
number
of
hours
of
instruction
in
the
application
of
10
practical
skills.
11
i.
Offer
an
examination
for
psilocybin
service
facilitator
12
applicants
at
least
twice
annually.
An
applicant
who
fails
any
13
section
of
the
examination
may
retake
the
failed
section
of
the
14
examination
in
accordance
with
rules
adopted
by
the
department.
15
Sec.
13.
NEW
SECTION
.
124F.10
Psilocybin
testing
laboratory
16
license.
17
1.
A
laboratory
that
conducts
testing
of
psilocybin
18
products
as
required
by
this
section
shall
maintain
a
license
19
to
operate
at
the
premises
at
which
the
psilocybin
products
are
20
tested.
21
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
22
to
establish
all
of
the
following:
23
a.
Qualifications
for
a
psilocybin
testing
laboratory
24
license,
including
accreditation
of
the
applicant
for
licensure
25
by
the
department.
26
b.
Processes
for
applying
for
and
renewing
a
license.
27
c.
A
procedure
for
an
initial
license
and
biennial
renewal
28
of
such
license.
The
department
shall
renew
the
license
29
biennially
if
the
psilocybin
testing
laboratory
meets
the
30
requirements
in
this
chapter.
31
3.
The
department
may
inspect
premises
licensed
under
this
32
section
to
ensure
compliance.
33
4.
The
department
may
refuse
to
issue
or
renew,
or
may
34
suspend
or
revoke,
a
psilocybin
testing
laboratory
license
for
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a
violation
of
this
chapter.
1
Sec.
14.
NEW
SECTION
.
124F.11
Licensee
representative
2
permit.
3
1.
A
licensee
representative
shall
maintain
a
valid
permit
4
issued
by
the
department
under
this
chapter
if
the
licensee
5
representative
participates
in
any
of
the
following:
6
a.
Provision
of
psilocybin
services
at
the
premises.
7
b.
Possession,
manufacturing,
transportation,
delivery,
or
8
selling
of
psilocybin
products
at
the
premises.
9
c.
Recording
of
the
possession,
manufacturing,
10
transportation,
delivery,
or
selling
of
psilocybin
products
at
11
the
premises.
12
2.
By
February
1,
2023,
the
department
shall
begin
receiving
13
applications
and
issuing
licensee
representative
permits
14
to
qualified
applicants.
The
department
shall
adopt
rules
15
pursuant
to
chapter
17A
establishing
all
of
the
following:
16
a.
Qualifications
for
performing
activities
as
described
in
17
this
section.
18
b.
The
duration
of
a
permit
issued
under
this
section.
19
c.
Procedures
for
applying
for
and
renewing
a
permit.
20
d.
The
successful
completion
of
a
course,
made
available
by
21
or
through
the
department,
which
provides
training
on
all
of
22
the
following:
23
(1)
Confirming
client
identification.
24
(2)
Detecting
client
intoxication.
25
(3)
Handling
psilocybin
products.
26
(4)
If
applicable,
the
manufacturing
of
psilocybin
27
products.
28
(5)
If
applicable,
the
testing
of
psilocybin
products.
29
(6)
The
requirements
of
this
chapter.
30
(7)
Any
matter
deemed
necessary
by
the
department
to
protect
31
the
public
health,
safety,
and
welfare.
32
3.
A
licensee
shall
verify
that
a
person
has
a
valid
permit
33
as
a
licensee
representative
issued
by
the
department
before
34
allowing
the
person
to
perform
any
activity
specified
in
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subsection
1
at
the
premises.
1
4.
The
department
shall
not
require
a
person
applying
for
2
a
licensee
representative
permit
to
successfully
complete
3
a
course
more
than
once
unless
subsequent
completion
is
a
4
condition
of
rescinding
a
suspension
of
a
permit
issued
under
5
this
chapter
or
to
issue
a
new
permit
following
revocation
of
a
6
permit.
7
Sec.
15.
NEW
SECTION
.
124F.12
Refusal
to
issue
a
license
8
or
permit
——
grounds
for
revocation,
suspension,
or
restriction
9
of
a
license
or
permit.
10
1.
The
department
may
refuse
to
issue
a
license
or,
if
11
applicable,
a
permit
to
an
applicant
if
the
department
finds
12
that
any
of
the
following
applies
to
the
applicant:
13
a.
The
applicant
is
younger
than
twenty-one
years
of
age.
14
b.
The
applicant
has
not
completed
any
of
the
education
or
15
training
requirements
required
for
issuance
of
the
license
or
16
permit.
17
c.
The
applicant
has
not
passed
an
examination
required
for
18
issuance
of
the
license
or
permit.
19
d.
The
applicant
has
made
false
or
fraudulent
statements
or
20
representations
in
the
application.
21
e.
The
applicant
is
incompetent
or
physically
unable
to
22
manage
the
premises
proposed
to
be
licensed.
23
f.
The
applicant
has
been
convicted
of
violating
a
federal
24
law,
state
law,
or
local
ordinance
if
the
conviction
is
25
substantially
related
to
the
qualifications
and
ability
of
the
26
applicant
to
lawfully
carry
out
activities
under
the
license
27
or
permit.
28
g.
The
applicant
does
not
have
a
good
record
of
compliance
29
with
the
requirements
of
this
chapter.
30
h.
The
applicant
is
not
the
legitimate
owner
of
the
premises
31
proposed
to
be
licensed
or
has
not
disclosed
that
other
32
persons
have
ownership
interests
in
the
premises
proposed
to
33
be
licensed.
34
i.
The
applicant
has
not
demonstrated
financial
35
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responsibility
sufficient
to
adequately
meet
the
requirements
1
of
the
premises
proposed
to
be
licensed.
2
j.
The
applicant
is
unable
to
understand
the
laws
of
this
3
state
relating
to
psilocybin
products,
psilocybin
services,
or
4
the
rules
adopted
by
the
department
relating
to
such
products
5
and
services.
6
2.
The
department
may
revoke,
suspend,
or
restrict
a
7
license
or,
if
applicable,
a
permit
issued
under
this
chapter
8
or
require
a
licensee
or
licensee
representative
to
undergo
9
training
if
the
department
finds
or
has
reasonable
grounds
to
10
believe
that
the
licensee
or
licensee
representative:
11
a.
Has
violated
the
requirements
of
this
chapter
including
12
any
code
of
professional
conduct
or
code
of
ethics.
13
b.
Has
made
any
false
or
fraudulent
statement
or
14
representation
to
the
department
in
order
to
induce
or
prevent
15
action
by
the
department.
16
c.
Is
insolvent
or
incompetent
or
physically
unable
to
17
manage
the
premises
of
the
licensee.
18
d.
Has
misrepresented
to
a
person
or
the
public
any
19
psilocybin
products
sold
by
the
licensee
or
licensee
20
representative.
21
e.
Since
the
issuance
of
the
license
or,
if
applicable,
the
22
permit,
has
been
convicted
of
a
felony,
of
violating
any
law
of
23
this
state
relating
to
psilocybin
products,
or
of
any
violation
24
of
any
municipal
ordinance
committed
on
the
premises.
25
f.
Any
other
reason
that,
at
the
discretion
of
the
26
department,
warrants
revoking,
suspending,
or
restricting
the
27
license
or,
if
applicable,
the
permit
to
protect
the
public
28
health,
safety,
and
welfare.
29
Sec.
16.
NEW
SECTION
.
124F.13
Operation
of
a
psilocybin
30
product
manufacturing
facility.
31
1.
A
licensed
psilocybin
product
manufacturing
facility
32
shall
not
manufacture
psilocybin
products
outdoors.
33
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
34
restricting
the
quantities
of
psilocybin
products
manufactured
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at
a
premises.
In
determining
the
restrictions,
the
department
1
shall
take
into
consideration
the
demand
for
psilocybin
2
services
in
the
state,
the
number
of
psilocybin
product
3
manufacturing
facilities
applying
for
licenses,
the
number
of
4
licensed
psilocybin
product
manufacturing
facilities
in
the
5
state,
and
whether
the
availability
of
psilocybin
products
6
in
the
state
is
commensurate
with
the
demand
for
psilocybin
7
services.
8
3.
A
psilocybin
product
shall
not
be
sold
or
offered
for
9
sale
within
this
state
unless
the
psilocybin
product
complies
10
with
the
minimum
standards
adopted
by
the
department
by
rule.
11
The
department
may
prohibit
the
sale
of
a
psilocybin
product
12
by
a
psilocybin
product
manufacturing
facility
or
psilocybin
13
service
center
for
a
reasonable
period
of
time
for
the
purpose
14
of
determining
whether
the
psilocybin
product
complies
with
the
15
minimum
standards.
16
4.
As
necessary
to
protect
the
public
health,
safety,
and
17
welfare,
the
department
shall
require
a
licensed
psilocybin
18
product
manufacturing
facility
to
test
psilocybin
products
19
before
selling
or
transferring
the
psilocybin
products.
20
5.
The
department
may
conduct
random
testing
of
psilocybin
21
products
for
the
purpose
of
determining
whether
a
licensed
22
psilocybin
product
manufacturing
facility
is
in
compliance
with
23
this
chapter.
24
6.
The
department
shall
not
require
a
psilocybin
product
25
to
undergo
the
same
test
more
than
once,
unless
the
psilocybin
26
product
is
processed
into
a
different
type
of
psilocybin
27
product
or
fundamentally
altered.
28
7.
The
testing
of
psilocybin
products
shall
be
conducted
by
29
a
licensed
psilocybin
testing
laboratory.
30
8.
In
requiring
testing,
the
department
shall
consider
the
31
cost
of
a
potential
testing
procedure
and
how
that
cost
will
32
affect
the
overall
cost
of
psilocybin
products
to
the
client.
33
9.
The
department
shall
not
adopt
rules
under
this
section
34
that
are
more
restrictive
than
are
reasonably
necessary
to
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protect
the
public
health,
safety,
and
welfare.
1
Sec.
17.
NEW
SECTION
.
124F.14
Labeling
and
packaging
of
2
psilocybin
products.
3
1.
a.
The
department
may
adopt
rules
pursuant
to
chapter
4
17A
to
require
a
licensee
to
submit
a
label
intended
for
use
5
on
a
psilocybin
product
for
preapproval
by
the
department
6
before
the
licensee
may
sell
or
transfer
a
psilocybin
product
7
bearing
the
label.
The
rules
shall
also
establish
standards
8
for
the
labeling
of
psilocybin
products,
including
all
of
the
9
following:
10
(1)
Ensuring
that
psilocybin
products
have
labeling
that
11
communicates
all
of
the
following
to
the
consumer:
12
(a)
Health
and
safety
warnings.
13
(b)
If
applicable,
the
activation
time
of
the
psilocybin
14
product.
15
(c)
The
potency
of
the
psilocybin
product.
16
(d)
If
applicable,
the
dosage
of
the
psilocybin
product
and
17
the
number
of
doses
included
in
the
psilocybin
product
package.
18
(e)
The
content
of
the
psilocybin
product.
19
(2)
Labeling
that
is
in
accordance
with
applicable
state
20
food
labeling
requirements
for
the
same
type
of
food
product
21
or
potable
liquid
when
the
food
product
or
potable
liquid
does
22
not
contain
psilocybin.
23
(3)
Requiring
that
all
psilocybin
products
sold
or
24
transferred
by
a
licensed
psilocybin
product
manufacturing
25
facility
are
labeled
in
accordance
with
this
section.
26
(4)
Establishing
different
labeling
standards
for
different
27
varieties
and
types
of
psilocybin
products.
28
b.
In
establishing
labeling
requirements,
the
department
29
shall
consider
the
cost
of
a
potential
labeling
requirement
30
and
how
that
cost
will
affect
the
overall
cost
of
psilocybin
31
products
to
the
client.
32
2.
The
department
may
adopt
rules
pursuant
to
chapter
33
17A
to
require
a
licensee
to
submit
packaging
intended
for
a
34
psilocybin
product
for
preapproval
by
the
department
before
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the
licensee
may
sell
or
transfer
a
psilocybin
product
in
the
1
packaging.
As
necessary
to
protect
the
public
health,
safety,
2
and
welfare,
the
rules
shall
also
establish
standards
for
the
3
packaging
of
psilocybin
products
that
ensure
that
psilocybin
4
products
are
not
marketed
in
a
manner
that
is
untruthful
or
5
misleading
or
otherwise
creates
a
significant
risk
of
harm
6
to
the
public
health,
safety,
and
welfare.
In
adopting
the
7
packaging
standards,
the
department:
8
a.
May
establish
different
packaging
standards
for
different
9
varieties
and
types
of
psilocybin
products.
10
b.
May
consider
the
effect
on
the
environment
of
requiring
11
certain
packaging
of
psilocybin
products.
12
c.
Shall
consider
the
cost
of
a
potential
requirement
13
and
how
that
cost
will
affect
the
overall
cost
of
psilocybin
14
products
to
the
client.
15
d.
Shall
not
adopt
rules
that
are
more
restrictive
than
are
16
reasonably
necessary
to
protect
the
public
health,
safety,
and
17
welfare.
18
3.
A
licensee
shall
not
use
or
allow
the
use
of
a
mark
19
or
label
on
the
package
of
a
psilocybin
product
that
is
held
20
for
sale
if
the
mark
or
label
does
not
precisely
and
clearly
21
indicate
the
nature
of
the
package’s
contents
or
if
the
mark
22
or
label
in
any
way
might
deceive
a
person
about
the
nature,
23
composition,
quantity,
age,
or
quality
of
the
package’s
24
contents.
25
4.
The
department
may
prohibit
a
licensee
from
selling
26
a
psilocybin
product
that
in
the
department’s
judgment
is
27
deceptively
labeled
or
contains
injurious
or
adulterated
28
ingredients.
29
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
30
establishing
the
maximum
concentration
of
psilocybin
that
is
31
allowed
in
a
single
dose
of
a
psilocybin
product
and
the
number
32
of
doses
that
are
allowed
in
a
psilocybin
product
package.
33
The
department
shall
require
all
psilocybin
products
sold
or
34
transferred
by
a
psilocybin
product
manufacturing
facility
or
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psilocybin
service
center
to
meet
the
concentration,
packaging,
1
and
labeling
standards
adopted
by
the
department.
2
Sec.
18.
NEW
SECTION
.
124F.15
Operating
a
psilocybin
3
testing
laboratory.
4
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
5
for
psilocybin
testing
laboratories
that
include
all
of
the
6
following:
7
a.
Security
standards.
8
b.
Minimum
standards
for
licensee
representatives.
9
c.
Sample
collection
method
and
process
standards.
10
d.
Proficiency
testing
for
psilocybin
products
for
potency
11
and
contaminants
unsafe
for
human
consumption,
as
determined
by
12
rule
of
the
department.
13
e.
Reporting
content,
format,
and
frequency.
14
f.
Audits
and
onsite
inspections.
15
g.
Quality
assurance.
16
h.
Equipment
and
methodology.
17
i.
Chain
of
custody.
18
j.
Any
other
standard
the
department
deems
necessary
to
19
protect
the
public
health,
safety,
and
welfare.
20
2.
The
department
shall
establish
standards
for
testing
21
psilocybin
products
and
identify
appropriate
tests
for
22
psilocybin
products,
depending
on
the
type
of
psilocybin
23
product
and
the
manner
in
which
the
psilocybin
product
was
24
manufactured,
that
are
necessary
to
protect
the
public
health,
25
safety,
and
welfare.
The
standards
may
include
testing
for
all
26
of
the
following:
27
a.
Microbiological
contaminants.
28
b.
Pesticides.
29
c.
Other
contaminants.
30
d.
Solvents
or
residual
solvents.
31
e.
Psilocybin
concentration.
32
3.
The
department
shall
also
establish
procedures
for
33
determining
batch
sizes
and
for
sampling
psilocybin
products,
34
including
different
minimum
procedures
and
standards
for
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different
varieties
of
psilocybin
products.
1
4.
In
addition
to
the
testing
standards,
the
department
may
2
require
psilocybin
products
to
be
tested
in
accordance
with
any
3
applicable
law
or
department
rule
related
to
the
production
and
4
processing
of
food
products,
potable
liquids,
or
commodities.
5
5.
A
psilocybin
testing
laboratory
may
acquire
psilocybin
6
products
only
from
a
psilocybin
product
manufacturing
7
facility
or
a
psilocybin
service
center.
A
psilocybin
testing
8
laboratory
shall
not
sell,
distribute,
or
transfer
psilocybin
9
products
received
from
a
psilocybin
product
manufacturing
10
facility
or
psilocybin
service
center,
except
that
a
psilocybin
11
testing
laboratory
may
transfer
a
sample
of
a
psilocybin
12
product
to
another
psilocybin
testing
laboratory
in
this
state.
13
6.
A
psilocybin
testing
laboratory
shall
properly
dispose
14
of
all
samples
it
receives,
unless
transferred
to
another
15
psilocybin
testing
laboratory
in
this
state,
after
all
16
necessary
tests
have
been
conducted
and
any
required
storage
17
period
has
elapsed,
as
established
by
department
rule.
18
7.
A
psilocybin
testing
laboratory
shall
use
the
computer
19
software
tracking
system
designated
by
the
department
under
20
this
chapter.
21
Sec.
19.
NEW
SECTION
.
124F.16
Operating
a
psilocybin
22
service
center.
23
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
24
establishing
the
requirements,
specifications,
and
guidelines
25
for
the
operation
of
a
psilocybin
service
center
including
all
26
of
the
following:
27
a.
Having
a
client
complete,
sign,
and
deliver
a
client
28
information
form
to
a
psilocybin
service
center
and
a
29
psilocybin
service
facilitator.
30
b.
Providing
preparation
sessions
to
a
client.
31
c.
Holding
and
verifying
the
completion
of
a
preparation
32
session.
33
d.
Providing
administration
sessions
to
a
client.
34
e.
Holding
and
verifying
the
completion
of
an
administration
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session.
1
f.
Providing
integration
sessions
to
a
client.
2
g.
Holding
and
verifying
the
completion
of
an
integration
3
session.
4
2.
a.
Before
a
client
participates
in
a
preparation
5
session,
the
client
shall
complete
and
sign
a
client
6
information
form,
in
a
form
and
manner
prescribed
by
the
7
department
by
rule.
8
b.
A
copy
of
the
completed
and
signed
client
information
9
form
shall
be
delivered
to
both
the
psilocybin
service
10
center
at
which
the
preparation
session
will
be
held
and
the
11
psilocybin
service
facilitator
who
will
conduct
the
preparation
12
session.
13
c.
The
client
information
form
shall
provide
for
all
of
the
14
following:
15
(1)
Solicit
from
the
client
such
information
as
may
16
be
necessary
to
enable
a
psilocybin
service
center
and
a
17
psilocybin
service
facilitator
to
determine
whether
the
18
client
should
participate
in
an
administration
session,
19
including
information
that
may
identify
risk
factors
and
20
contraindications,
and
if
applicable,
assist
the
psilocybin
21
service
center
and
the
psilocybin
service
facilitator
in
22
meeting
any
public
health
and
safety
standards
and
industry
23
best
practices
during
the
administration
session.
24
(2)
Health
and
safety
warnings
and
other
disclosures
as
25
prescribed
by
the
department
by
rule.
26
d.
(1)
If
a
client
information
form
is
offered
as
evidence
27
in
any
administrative
or
criminal
proceeding
involving
a
28
licensee
or
licensee
representative
for
the
sale
or
service
29
of
a
psilocybin
product
to
a
client,
the
licensee
or
licensee
30
representative
shall
not
be
guilty
of
any
offense
prohibiting
a
31
person
from
selling
or
serving
a
psilocybin
product
to
a
client
32
unless
it
is
demonstrated
that
a
reasonable
person
would
have
33
determined
that
the
responses
provided
by
the
client
on
the
34
client
information
form
were
incorrect
or
altered.
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(2)
A
licensee
or
licensee
representative
shall
be
1
entitled
to
rely
upon
all
statements,
declarations,
and
2
representations
made
by
a
client
in
a
client
information
form
3
unless
it
is
demonstrated
that
a
reasonable
person
would
have
4
determined
that
one
or
more
of
the
statements,
declarations,
or
5
representations
made
by
the
client
in
the
client
information
6
form
were
incorrect
or
altered,
or
unless
the
licensee
or
7
licensee
representative
violated
any
provision
relating
to
the
8
client
information
form.
9
3.
Except
as
otherwise
provided
by
law,
a
licensee
or
10
licensee
representative
is
not
liable
by
virtue
of
any
untrue
11
statements,
declarations,
or
representations
relied
upon
in
12
good
faith
by
the
licensee
or
licensee
representative.
13
4.
a.
Before
a
client
participates
in
an
administration
14
session,
the
client
shall
attend
a
preparation
session
with
a
15
psilocybin
service
facilitator.
16
b.
A
preparation
session
shall
be
held
at
a
psilocybin
17
service
center.
However,
the
department
may
adopt
rules
to
18
allow
preparation
sessions
to
be
conducted
using
telehealth.
19
c.
If
a
preparation
session
is
completed
in
accordance
with
20
all
applicable
requirements,
specifications,
and
guidelines,
21
as
determined
by
the
department,
the
psilocybin
service
22
facilitator
shall
certify,
in
a
form
and
manner
prescribed
23
by
the
department,
that
the
client
completed
the
preparation
24
session.
25
5.
a.
After
a
client
completes
and
signs
a
client
26
information
form
and
completes
a
preparation
session,
the
27
client
may
participate
in
an
administration
session,
which
28
shall
be
held
at
a
psilocybin
service
center.
However,
the
29
department
may
adopt
rules
to
allow
administration
sessions
to
30
be
conducted
using
telehealth.
31
b.
If
an
administration
session
is
completed
in
accordance
32
with
all
applicable
requirements,
specifications,
and
33
guidelines,
as
determined
by
the
department,
the
psilocybin
34
service
facilitator
shall
certify,
in
a
form
and
manner
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prescribed
by
the
department,
that
the
client
completed
the
1
administration
session.
2
6.
A
psilocybin
service
facilitator
shall
not
consume
a
3
psilocybin
product
during
an
administration
session
that
the
4
psilocybin
service
facilitator
is
supervising.
5
7.
a.
After
a
client
completes
an
administration
session,
6
the
psilocybin
service
facilitator
who
supervised
the
7
administration
session
shall
offer
the
client
an
opportunity
8
to
participate
in
an
integration
session.
The
client
is
not
9
obligated
to
participate
in
an
integration
session.
10
b.
An
integration
session
shall
be
held
at
a
psilocybin
11
service
center.
However,
the
department
may
adopt
rules
to
12
allow
integration
sessions
to
be
conducted
using
telehealth.
13
c.
If
an
integration
session
is
completed
in
accordance
with
14
all
applicable
requirements,
specifications,
and
guidelines,
15
as
determined
by
the
department,
the
psilocybin
service
16
facilitator
shall
certify,
in
a
form
and
manner
prescribed
17
by
the
department,
that
the
client
completed
the
integration
18
session.
19
8.
A
licensee
or
licensee
representative
may
refuse
to
20
provide
psilocybin
services
or
cease
providing
psilocybin
21
services
to
a
client
at
the
licensee’s
or
licensee
22
representative’s
discretion.
However,
a
psilocybin
service
23
center
or
a
psilocybin
service
facilitator
shall
not
24
cease
providing
psilocybin
services
to
a
client
during
25
an
administration
session
after
the
client
has
consumed
a
26
psilocybin
product,
except
in
the
case
of
an
emergency
or
as
27
provided
for
by
the
department
by
rule.
28
9.
A
licensee
representative
or
a
psilocybin
service
29
facilitator
shall
not
disclose
any
information
that
may
be
used
30
to
identify
a
client
or
any
communication
made
by
a
client
31
during
the
course
of
providing
psilocybin
services
or
selling
32
psilocybin
products
to
the
client,
unless
any
of
the
following
33
applies:
34
a.
The
client,
or
the
client’s
legal
guardian
or
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representative,
provides
consent
to
the
disclosure.
1
b.
The
client
initiates
legal
action
or
makes
a
complaint
2
against
the
psilocybin
service
center,
the
psilocybin
service
3
facilitator,
or
a
licensee
representative.
4
c.
The
communication
reveals
the
intent
to
commit
a
crime
5
resulting
in
harm
to
the
client
or
others.
6
d.
The
communication
reveals
that
a
minor
may
have
been
a
7
victim
of
a
crime
or
physical,
sexual,
or
emotional
abuse
or
8
neglect.
9
e.
In
response
to
an
inquiry
by
the
department
made
during
10
the
course
of
an
investigation
into
the
conduct
of
a
psilocybin
11
service
center,
a
psilocybin
service
facilitator,
or
a
licensee
12
representative.
13
Sec.
20.
NEW
SECTION
.
124F.17
Inspection
of
records
and
14
premises
——
notice.
15
1.
The
department
may
request
a
review
of
the
records
of
a
16
licensee
for
the
purpose
of
determining
compliance
with
this
17
chapter.
The
department
shall
provide
a
licensee
with
notice
18
forty-eight
hours
prior
to
inspecting
the
licensee’s
records.
19
The
department
shall
not
require
the
records
of
a
licensee
to
20
be
maintained
on
the
licensee’s
premises.
21
2.
The
department
may
at
any
time
inspect
the
premises
of
a
22
licensee
for
compliance
with
this
chapter.
23
Sec.
21.
NEW
SECTION
.
124F.18
Prohibitions.
24
1.
A
person
shall
not
make
false
representations
or
25
statements
to
the
department
in
order
to
induce
or
prevent
26
action
by
the
department.
27
2.
A
licensee
shall
not
maintain
a
noisy,
lewd,
disorderly,
28
or
unsanitary
premises
or
supply
adulterated
or
otherwise
29
harmful
psilocybin
products.
30
3.
A
licensee
shall
not
misrepresent
to
a
person
or
to
the
31
public
any
psilocybin
products.
32
Sec.
22.
NEW
SECTION
.
124F.19
General
liability
insurance.
33
As
necessary
to
protect
the
public
health,
safety,
and
34
welfare,
the
department
may
require
a
licensee
to
maintain
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general
liability
insurance
coverage
in
an
amount
that
the
1
department
determines
is
reasonably
affordable
and
available
2
for
the
purpose
of
protecting
the
licensee
against
damages
3
resulting
from
a
cause
of
action
related
to
activities
carried
4
out
in
accordance
with
the
particular
license
held
by
the
5
licensee.
6
Sec.
23.
NEW
SECTION
.
124F.20
Investigation
and
enforcement
7
——
disciplinary
action.
8
1.
The
department
may
proceed
with
any
investigation
of,
9
or
any
action
or
disciplinary
proceeding
against,
a
licensee
10
or
licensee
representative
or
revise
or
render
void
an
order
11
suspending
or
revoking
a
license
or
permit.
In
cases
involving
12
the
proposed
denial
of
a
license
or
permit,
the
applicant
for
13
licensure
or
permitting
shall
not
withdraw
the
application.
14
2.
In
addition
to
any
other
disciplinary
action
that
may
be
15
available
to
the
department,
the
department
shall
immediately
16
restrict,
suspend,
or
refuse
to
renew
a
license
or
permit
17
issued
under
this
chapter
if
circumstances
create
probable
18
cause
for
the
department
to
determine
that
a
licensee
or
19
licensee
representative
has
purchased
or
received
a
psilocybin
20
product
from
an
unlicensed
source
or
that
a
licensee
or
21
licensee
representative
has
stored,
manufactured,
transported,
22
delivered,
sold,
or
transferred
a
psilocybin
product
in
a
23
manner
that
is
prohibited
by
the
license
or
permit.
24
Sec.
24.
NEW
SECTION
.
124F.21
Enforceability
of
contracts.
25
A
contract
is
not
unenforceable
on
the
basis
that
26
possessing,
manufacturing,
transporting,
delivering,
27
distributing,
dispensing,
selling,
or
using
psilocybin
products
28
is
prohibited
by
federal
law.
29
Sec.
25.
NEW
SECTION
.
124F.22
Protections
for
licensee
30
representatives.
31
It
is
an
unlawful
employment
practice
for
a
licensee
to
32
discharge,
demote,
suspend,
or
in
any
manner
discriminate
33
or
retaliate
against
a
licensee
representative
with
regard
34
to
promotion,
compensation,
or
other
terms,
conditions,
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or
privileges
of
employment
on
the
basis
that
the
licensee
1
representative
has
in
good
faith
reported
information
to
2
the
department
that
the
licensee
representative
believes
is
3
evidence
of
a
violation
of
this
chapter.
4
Sec.
26.
NEW
SECTION
.
124F.23
Rights
of
deceased,
5
insolvent,
or
bankrupt
persons
or
licensees.
6
The
department
may,
by
rule
or
order,
provide
for
the
7
manner
and
conditions
under
which
psilocybin
products
left
8
by
a
deceased,
insolvent,
or
bankrupt
person
or
licensee
9
are
subject
to
a
security
interest,
may
be
foreclosed,
sold
10
under
execution,
or
otherwise
disposed
of.
The
business
11
of
a
deceased,
insolvent,
or
bankrupt
person
or
licensee
12
may
be
operated
for
a
reasonable
period
after
the
death,
13
insolvency,
or
bankruptcy.
An
obligor
may
continue
to
operate
14
at
a
premises
for
a
reasonable
period
after
default
on
the
15
indebtedness
by
the
debtor.
16
Sec.
27.
NEW
SECTION
.
124F.24
Tracking
system
for
17
psilocybin
products.
18
1.
The
department
shall
develop
and
maintain
a
computer
19
software
tracking
system
to
track
the
transfer
of
psilocybin
20
products
between
premises.
21
2.
The
purposes
of
the
computer
software
tracking
system
22
include
all
of
the
following:
23
a.
Preventing
the
diversion
of
psilocybin
products
to
other
24
states.
25
b.
Preventing
persons
from
substituting
or
tampering
with
26
psilocybin
products.
27
c.
Ensuring
an
accurate
accounting
of
the
production,
28
processing,
and
sale
of
psilocybin
products.
29
d.
Ensuring
that
test
results
from
a
psilocybin
testing
30
laboratory
are
accurately
reported.
31
e.
Ensuring
compliance
with
this
chapter
and
any
other
32
law
of
this
state
that
authorizes
the
department
to
regulate
33
psilocybin.
34
3.
At
a
minimum,
the
tracking
system
shall
be
capable
of
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tracking
all
of
the
following:
1
a.
The
manufacturing
of
psilocybin
products.
2
b.
The
sale
of
psilocybin
products
by
a
psilocybin
service
3
center
to
a
client.
4
c.
The
sale
and
purchase
of
psilocybin
products
between
5
licensees.
6
d.
The
transfer
of
psilocybin
products
between
premises.
7
e.
Any
other
information
that
the
department
determines
8
is
reasonably
necessary
to
accomplish
the
department’s
duties
9
under
this
chapter.
10
Sec.
28.
NEW
SECTION
.
124F.25
Sale
or
delivery
of
11
psilocybin
products
——
penalties.
12
1.
A
licensee
or
licensee
representative
shall
not
sell
13
or
deliver
a
psilocybin
product
to
a
person
younger
than
14
twenty-one
years
of
age
in
this
state.
15
2.
Prior
to
selling
or
delivering
a
psilocybin
product
to
16
a
person
in
this
state,
a
licensee
or
licensee
representative
17
shall
require
the
person
to
produce
one
of
the
following
forms
18
of
identification:
19
a.
A
valid
driver’s
license
issued
by
this
state
or
another
20
state.
21
b.
A
valid
United
States
passport.
22
c.
A
valid
military
identification
card.
23
d.
A
valid
identification
card
issued
by
a
federally
24
recognized
Indian
tribe.
25
e.
Any
other
valid
identification
card
issued
by
a
state
or
26
territory
of
the
United
States
that
bears
a
picture,
name,
date
27
of
birth,
and
physical
description
of
the
person.
28
3.
A
person
shall
not
produce
a
form
of
identification
that
29
misrepresents
the
person
or
the
person’s
age.
30
4.
A
person
who
violates
this
section
commits
a
simple
31
misdemeanor.
32
5.
If
a
form
of
identification
is
offered
as
evidence
in
33
any
administrative
or
criminal
proceeding
involving
a
licensee
34
or
licensee
representative
for
the
sale
or
delivery
of
a
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psilocybin
product
to
a
person
younger
than
twenty-one
years
1
of
age,
the
licensee
or
licensee
representative
shall
not
be
2
guilty
of
any
offense
prohibiting
the
sale
or
delivery
of
a
3
psilocybin
product
to
a
person
younger
than
twenty-one
years
of
4
age
unless
it
is
demonstrated
that
a
reasonable
person
would
5
have
determined
that
the
form
of
identification
exhibited
by
6
the
person
younger
than
twenty-one
years
of
age
was
altered
or
7
that
the
form
of
identification
exhibited
by
the
person
younger
8
than
twenty-one
years
of
age
did
not
accurately
describe
the
9
person
to
whom
the
psilocybin
product
was
sold
or
delivered.
10
Sec.
29.
NEW
SECTION
.
124F.26
Tax
on
the
sale
of
psilocybin
11
products.
12
1.
An
additional
tax
shall
not
be
imposed
upon
the
sale
13
of
psilocybin
products
which
exceeds
the
sales
tax
rate.
14
The
sales
tax
shall
be
collected
by
a
psilocybin
product
15
manufacturing
facility
at
the
point
of
sale
of
a
psilocybin
16
product
or
by
a
psilocybin
service
center
when
a
psilocybin
17
product
is
sold.
18
2.
A
psilocybin
service
center
shall
not
discount
a
19
psilocybin
product
or
offer
a
psilocybin
product
at
no
cost
if
20
the
sale
of
the
psilocybin
product
is
made
in
conjunction
with
21
the
sale
of
any
other
item
or
service.
22
Sec.
30.
NEW
SECTION
.
124F.27
Delivery
of
psilocybin
23
products.
24
1.
A
psilocybin
product
manufacturing
facility
that
is
25
licensed
under
this
chapter
may
deliver
psilocybin
products
26
only
to
or
on
a
premises.
27
2.
A
psilocybin
service
center
and
a
psilocybin
service
28
facilitator
that
is
licensed
under
this
chapter
may
do
any
of
29
the
following:
30
a.
Deliver
psilocybin
products
only
to
or
on
a
premises.
31
b.
Receive
psilocybin
products
only
from
a
psilocybin
32
product
manufacturing
facility
or
a
psilocybin
service
center.
33
3.
The
sale
of
psilocybin
products
to
a
client
by
a
34
psilocybin
service
center
or
a
psilocybin
service
facilitator
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shall
be
restricted
to
the
premises.
1
4.
Notwithstanding
subsection
2,
the
department
may
2
adopt
rules
to
allow
for
delivery
of
psilocybin
products
to
a
3
client’s
residence.
4
Sec.
31.
NEW
SECTION
.
124F.28
Persons
younger
than
5
twenty-one
years
of
age
on
premises.
6
1.
Except
as
authorized
by
the
department
by
rule,
or
as
7
necessary
in
the
case
of
an
emergency,
a
person
younger
than
8
twenty-one
years
of
age
shall
not
enter
or
attempt
to
enter
any
9
portion
of
the
premises
of
a
psilocybin
product
manufacturing
10
facility
or
psilocybin
service
center.
A
person
who
violates
11
this
section
commits
an
aggravated
misdemeanor.
12
2.
Subsection
1
does
not
apply
to
a
person
younger
than
13
twenty-one
years
of
age
who
is
any
of
the
following:
14
a.
Temporarily
at
the
premises
to
make
a
service,
15
maintenance,
or
repair
call
or
for
other
purposes
independent
16
of
the
operations
of
the
premises.
17
b.
Acting
under
the
direction
of
the
department
or
state
or
18
local
law
enforcement
agencies
for
the
purpose
of
investigating
19
possible
violations
of
laws
prohibiting
sales
of
psilocybin
20
products
to
persons
younger
than
twenty-one
years
of
age.
21
c.
Acting
under
the
direction
of
a
licensee
for
the
purpose
22
of
investigating
possible
violations
of
laws
prohibiting
sales
23
of
psilocybin
products
to
persons
younger
than
twenty-one
years
24
of
age
by
licensee
representatives.
25
3.
a.
A
person
younger
than
twenty-one
years
of
age
is
not
26
in
violation
of,
and
is
immune
from
prosecution
under,
this
27
section
if
the
person
meets
any
of
the
following
criteria:
28
(1)
The
person
contacted
emergency
medical
services
or
a
law
29
enforcement
agency
in
order
to
obtain
medical
assistance
for
30
another
person
who
was
in
need
of
medical
assistance
because
31
that
person
consumed
a
psilocybin
product.
32
(2)
The
person
was
in
need
of
medical
assistance
because
33
the
person
consumed
a
psilocybin
product
and
the
evidence
of
34
the
violation
was
obtained
as
a
result
of
the
person
seeking
or
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obtaining
such
medical
assistance.
1
b.
Paragraph
“a”
shall
not
exclude
the
use
of
evidence
2
obtained
as
a
result
of
a
person
seeking
or
obtaining
medical
3
assistance
in
proceedings
for
crimes
or
offenses
other
than
a
4
violation
of
this
section.
5
Sec.
32.
NEW
SECTION
.
124F.29
Investigations,
arrests,
6
prosecutions,
and
convictions
for
offenses
involving
psilocybin
7
——
duty
to
notify.
8
1.
The
department
of
public
safety
shall
make
the
9
investigation
and
arrest
of
persons
eighteen
years
of
age
10
or
older
engaged
in
noncommercial
planting,
cultivating,
11
purchasing,
transporting,
distributing,
engaging
in
practices
12
with,
or
possessing
entheogenic
plants
and
fungi
one
of
its
13
lowest
enforcement
priorities.
14
2.
The
attorney
general
shall
cease
prosecution
of
15
residents
of
the
state
for
noncommercial
planting,
cultivating,
16
purchasing,
transporting,
distributing,
engaging
in
practices
17
with,
or
possessing
entheogenic
plants
and
fungi.
18
3.
A
law
enforcement
officer
may
enforce
this
section
and
19
assist
the
department
in
detecting
violations
of
this
section
20
and
apprehending
offenders.
A
law
enforcement
officer
who
has
21
notice,
knowledge,
or
reasonable
suspicion
of
a
violation
of
22
this
section
shall
immediately
notify
the
department.
23
4.
The
district
courts,
district
attorneys,
and
municipal
24
authorities
shall,
immediately
upon
the
conviction
of
a
25
licensee
or
licensee
representative
for
a
violation
of
this
26
section
or
any
other
law,
notify
the
department
of
such
27
conviction.
28
Sec.
33.
NEW
SECTION
.
124F.30
Immunity.
29
An
agent
or
employee
of
the
department
shall
not
incur
civil
30
liability
and
is
considered
an
employee
of
the
state
for
the
31
purposes
of
chapter
669
in
performing
any
duty
in
accordance
32
with
this
chapter
or
any
other
law
requiring
the
department
to
33
perform
any
duty
related
to
psilocybin
products.
34
Sec.
34.
NEW
SECTION
.
124F.31
Preemption.
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The
provisions
of
this
chapter
are
intended
to
operate
1
uniformly
throughout
the
state
and
shall
expressly
preempt
the
2
regulation
of
psilocybin
products
and
services
in
the
state
and
3
supersede
any
municipal
or
county
ordinance
on
the
subject.
4
Sec.
35.
NEW
SECTION
.
124F.32
Application
of
chapter
——
5
severability.
6
1.
This
chapter
shall
not
be
construed
to
do
any
of
the
7
following:
8
a.
Require
a
federal
or
state
government
medical
assistance
9
program
or
private
health
insurer
to
reimburse
a
person
for
10
costs
associated
with
the
use
of
psilocybin
products.
11
b.
Amend
or
affect
state
or
federal
law
pertaining
to
12
employment
matters.
13
c.
Amend
or
affect
state
or
federal
law
pertaining
to
14
landlord-tenant
matters.
15
d.
Prohibit
a
recipient
of
a
federal
grant
or
an
applicant
16
for
a
federal
grant
from
prohibiting
the
possession,
17
manufacturing,
transportation,
delivery,
sale,
or
use
of
18
psilocybin
products
to
the
extent
necessary
to
satisfy
federal
19
requirements
for
the
grant.
20
e.
Prohibit
a
party
to
a
federal
contract
or
a
person
21
applying
to
be
a
party
to
a
federal
contract
from
prohibiting
22
the
possession,
manufacturing,
transportation,
delivery,
sale,
23
or
use
of
psilocybin
products
to
the
extent
necessary
to
comply
24
with
the
terms
and
conditions
of
the
contract
or
to
satisfy
25
federal
requirements
for
the
contract.
26
f.
Require
a
person
to
violate
a
federal
law.
27
2.
If
any
provision
of
this
chapter
or
its
application
to
28
any
person
or
circumstance
is
held
invalid,
the
invalidity
does
29
not
affect
other
provisions
or
applications
of
the
chapter
30
which
can
be
given
effect
without
the
invalid
provision
or
31
application,
and
to
this
end
the
provisions
of
this
chapter
are
32
severable.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
psilocybin,
including
the
creation
2
of
the
psilocybin
services
Act,
to,
in
part,
provide
for
3
administration
of
psilocybin
products
to
individuals
21
years
4
of
age
and
older
in
the
state.
Psilocybin
is
defined
as
a
5
hallucinogenic
compound
obtained
from
P.
cubensis
mushrooms.
6
The
bill
provides
definitions
used
in
the
bill
and
the
7
purposes
of
the
bill.
The
bill
provides
for
a
one-year
program
8
development
period
beginning
January
1,
2022,
and
ending
not
9
later
than
December
31,
2022;
requires
the
department
of
public
10
health
(DPH)
to
prescribe
forms
and
adopt
rules
necessary
for
11
the
administration
of
the
Code
chapter
no
later
than
January
12
1,
2023;
and
requires
DPH
to
begin
receiving
applications
for
13
licensure
of
the
various
entities
involved
under
the
bill
by
14
February
1,
2023.
15
The
bill
establishes
the
duties
of
DPH
including
licensing
16
the
entities
required
to
be
licensed
to
perform
the
various
17
activities
under
the
Code
chapter;
determination
of
the
18
qualifications,
education,
training,
and
examination
19
requirements
of
these
entities;
labeling
and
packaging
20
requirements
for
psilocybin
products;
penalties;
and
21
enforcement.
The
bill
also
creates
a
psilocybin
advisory
board
22
tasked
with
making
recommendations
to
DPH
and
providing
general
23
oversight
of
the
provisions
of
the
bill.
24
The
bill
includes
application
and
licensing
provisions
for
25
psilocybin
product
manufacturing
facilities,
psilocybin
service
26
centers,
psilocybin
service
facilitators,
and
psilocybin
27
testing
laboratories;
provisions
for
the
permitting
of
licensee
28
representatives;
and
provisions
relating
to
the
operation
of
29
the
various
entities.
A
licensee
or
licensee
representative
30
who
sells
or
delivers
a
psilocybin
product
to
a
person
under
31
21
years
of
age
is
guilty
of
a
simple
misdemeanor.
A
simple
32
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
33
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
34
The
bill
also
provides
for
application
of
the
Code
chapter
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and
a
severability
provision.
1
The
bill
also
exempts
psilocybin
from
the
application
of
2
Code
chapter
124
(controlled
substances)
when
manufactured,
3
planted,
cultivated,
grown,
harvested,
produced,
prepared,
4
propagated,
compounded,
converted,
processed,
handled,
5
transported,
delivered,
marketed,
distributed,
possessed,
6
administered,
consumed,
tested,
or
otherwise
used
in
accordance
7
and
compliance
with
the
bill.
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